[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Rules and Regulations]
[Pages 38959-38966]
[FR Doc No: 2015-16627]

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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0164; FRL-9927-76-Region 9]

Revisions to the California State Implementation Plan, Feather
River Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Feather River Air Quality
Management District (FRAQMD or the District) portion of the California
State Implementation Plan (SIP). Included in this approval are the
following three SIP demonstrations from FRAQMD: 2006 Reasonably
Available Control Technology (RACT) Analysis for State Implementation
Plan (SIP), November 2006; Reasonably Available Control Technology
State Implementation Plan Revision Negative Declaration for Control
Techniques Guidelines Issued 2006-2008, June 1, 2009 and; Reasonably
Available Control Technology Analysis and Negative Declarations, July
3, 2014. The first two demonstrations address the 1997 8-hour National
Ambient Air Quality Standards (NAAQS) for ozone, and the third
demonstration addresses the 2008 8-hour NAAQS for ozone. These
submitted SIP revisions contain FRAQMD's negative declarations for
volatile organic compound (VOC) source categories. We are approving the
submitted SIP revisions under the Clean Air Act as amended in 1990 (CAA
or the Act). We are also approving a local rule to regulate VOC
emissions from gasoline dispensing facilities.

DATES: This rule is effective on September 8, 2015 without further
notice, unless EPA receives adverse comments by August 7, 2015. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2015-0164, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments 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 Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. 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: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), and some may not be publicly
available in either location (e.g., CBI). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: James Shears, EPA Region IX, (213)
244-1810<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What documents and what rule did the state submit?
    B. Are there other versions of the documents and rule?
    C. What is the purpose of the RACT SIP submissions and the
purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the RACT SIP submissions and the rule?
    B. Do the RACT SIP submissions and the rule meet the evaluation
criteria?
    C. EPA's Recommendations To Strengthen the RACT SIP and To
Further Improve the Rule
    D. Public Comment and Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal.

A. What documents and what rule did the state submit?

    Table 1 lists the RACT SIP documents addressed by this action with
the date that each one was adopted by the local air agency and
submitted to EPA by the California Air Resources Board (CARB).

                      Table 1--Submitted Documents
------------------------------------------------------------------------
   Local agency           Document            Adopted        Submitted
------------------------------------------------------------------------
FRAQMD............  2006 Reasonably              12/4/06         7/11/07
                     Available Control
                     Technology (RACT)
                     Analysis for State
                     Implementation Plan
                     (SIP) (``2006 RACT
                     SIP'').
FRAQMD............  Reasonably Available          6/1/09        10/27/09
                     Control Technology
                     State
                     Implementation Plan
                     Revision, Negative
                     Declaration for
                     Control Techniques
                     Guidelines Issued
                     2006-2008 (``2009
                     RACT SIP'').
FRAQMD............  Reasonably Available          8/4/14         9/29/14
                     Control Technology
                     Analysis and
                     Negative
                     Declarations
                     (``2014 RACT SIP'').
------------------------------------------------------------------------

    The FRAQMD 2006 RACT SIP submittal became complete by operation of
law on January 11, 2008, and the FRAQMD 2009 RACT SIP submittal became
complete by operation of law on April 27, 2010, each pursuant to CAA
section 110(k)(1)(B). On January 23, 2015, EPA determined that the
submittal for the FRAQMD 2014 RACT SIP met the completeness criteria in
40 CFR part 51 Appendix V, which must be met before formal EPA review.
    For the rule submitted by the state, Table 2 lists the rule we are
approving with the dates it was adopted by the local air agency and
submitted to EPA by CARB.

                                             Table 2--Submitted Rule
----------------------------------------------------------------------------------------------------------------
         Local agency             Rule No.                Document                  Amended         Submitted
----------------------------------------------------------------------------------------------------------------
FRAQMD........................          3.8   Gasoline Dispensing Facilities..          6/2/14          11/6/14
----------------------------------------------------------------------------------------------------------------

B. Are there other versions of these documents and the rule?

    There are no previous submitted versions of FRAQMD's 2006, 2009,
and 2014 RACT SIPs. For Rule 3.8, we approved an early version: The
Sutter County Rule 3.08(3.8), ``Storage and Transfer of Gasoline'', on
May 3, 1982 (47 FR 18856). With the formation of FRAQMD in 1991, this
rule was adopted with identical language in June 1991 to apply beyond
just Sutter County to the entire larger FRAQMD area.

C. What is the purpose of the RACT SIP submissions and the submitted
rule revision?

    VOCs and nitrogen oxides (NOX) help produce ground-level
ozone and smog, which harm human health and the environment. Section
110(a) of the CAA requires states to submit enforceable regulations
that control VOC and NOX emissions. Sections 182(b)(2) and
(f) require that SIPs for ozone nonattainment areas classified as
moderate or above require implementation of RACT for any source covered
by an EPA Control Techniques Guidance (CTG) document and any other
major stationary source of VOCs or NOX. FRAQMD is subject to
this requirement as the southern part of Sutter County in FRAQMD is
designated and classified as a severe ozone nonattainment area for the
1997 and 2008 8-hour NAAQS for ozone (see 40 CFR 81.305). Therefore,
FRAQMD must, at a minimum, adopt RACT-level controls for all sources
covered by a CTG document and for all major non-CTG stationary sources
of VOCs or NOX in south Sutter County. The District adopted
its 2006 RACT SIP, with negative declarations, on December 4, 2006.
FRAQMD adopted its 2009 RACT SIP revision, which included negative
declarations for 11 new or updated CTGs issued from 2006 to 2008, on
June 1, 2009. FRAQMD adopted its 2014 RACT SIP, with negative
declarations, on August 2014. No comments were received on any of the
three RACT SIP demonstrations. Along with the 2014 RACT SIP adoption,
FRAQMD adopted Rule 3.8 which is designed to limit VOC emissions from
displaced gasoline vapors while transferring gasoline into storage
tanks and transport vessels. This rule is intended to fully satisfy the
CTG design criteria for Stage I vapor control systems.

II. EPA's Evaluation and Action

A. How is EPA evaluating the RACT SIP submissions and the submitted
rule revision?

    FRAQMD regulates the Yuba County and Sutter County portions of the
Sacramento Valley Air Basin. The southern part of Sutter County is
designated and classified as a severe ozone nonattainment area for the
1997 and 2008 8-hour national ambient air quality standards (NAAQS) for
ozone (40 CFR 81.305). CAA Section 182(b)(2) and (f), as well as 40 CFR
51.912(a)(1) require that SIPs for ozone nonattainment areas classified
as moderate or above require implementation of RACT for any source
covered by a CTG document and any other major stationary source of VOCs
or NOX. Any stationary source that emits or has a potential
to emit at least 25 tons per year (tpy) of VOCs or NOX in a
severe ozone nonattainment area is considered a major stationary source
(see CAA sections 182(b(2)) and (f) and 302(j)). Where there are no
existing sources covered by a particular CTG document or no other major
stationary sources of VOCs or NOX, states may, in lieu of
adopting RACT requirements, adopt negative declarations certifying that
there are no such sources in the relevant nonattainment area (see
Memorandum from William T. Harnett to Regional Air Division Directors,
(May 18, 2006), ``RACT Qs & As--Reasonably Available Control Technology
(RACT) Questions and Answers'' page 7).
    SIP rules must be enforceable (see CAA section 110(a)(2)), must not
interfere with applicable requirements concerning attainment and
reasonable further progress or other CAA requirements (see CAA section
110(l)),

and must not modify certain SIP control requirements in nonattainment
areas without ensuring equivalent or greater emissions reductions (see
CAA section 193).
    Guidance and policy documents that we used to evaluate CAA section
182 RACT SIPs for FRAQMD include the following:
    1. ``Final Rule to Implement the 8-Hour Ozone National Ambient Air
Quality Standard--Phase 2'' (70 FR 71612; November 29, 2005).
    2. ``Air Quality Designations and Classifications for the 8-Hour
Ozone National Ambient Air Quality Standards; Early Action Compact
Areas With Deferred Dates''--Final Rule (69 FR 23858; April 30, 2004).
    3. ``State Implementation Plans, General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990'' (57
FR 13498; April 16, 1992).
    4. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations: Clarification to Appendix D of November 24, 1987 Federal
Register, May 25, 1988, Revised January 11, 1990, U.S. EPA, Air Quality
Management Division, Office of Air Quality Planning and Standards
(``The Blue Book'').
    5. Guidance Document for Correcting Common VOC and Other Rule
Deficiencies, August 21, 2001, U.S. EPA Region IX (the ``Little
Bluebook'').
    6. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble for the Implementation of Title I of the Clean Air Act
Amendments of 1990'' (57 FR 55620, November 25, 1992) (``the
NOX Supplement'').
    7. Memorandum from William T. Harnett to Regional Air Division
Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available Control
Technology (RACT) Questions and Answers.''
    8. RACT SIPs, Letter dated March 9, 2006 from EPA Region IX (Andrew
Steckel) to CARB (Kurt Karperos) describing Region IX's understanding
of what constitutes a minimally acceptable RACT SIP.
    9. ``Final Rule to Implement the 1997 8-Hour Ozone National Ambient
Air Quality Standard: Classification of Areas That Were Initially
Classified Under Subpart 1; Revision of the Anti-Backsliding Provisions
To Address 1-Hour Contingency Measure Requirements; Deletion of
Obsolete 1-Hour Standard Provision''--Final Rule (77 FR 28424; May 14,
2012).
    10. ``Model Volatile Organic Compound Rules for Reasonably
Available Control Technology'', EPA (June 1992).
    11. Beyond VOC RACT Requirements'', EPA (April 1995).
    12. EPA's CTGs http://www.epa.gov/glo/SIPToolkit/ctgs.html.
    13. CARB's emissions inventory database http://www.arb.ca.gov/app/emsinv/facinfo/facinfo.php
    14. FRAQMD, CARB and EPA Region IX databases of FRAQMD rules--
FRAQMD: http://myairdistrict.com/index.php?Itemid=71
    CARB: http://www.arb.ca.gov/ridb.htm
    EPA: http://epa.gov/region09/air/sips/index.html
    15. Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements''--Final
Rule (80 FR 12264; March 6, 2015).

B. Does the RACT SIP submission meet the evaluation criteria?

    The 2006, 2009 and 2014 RACT SIPs each includes three elements, as
described further below:
    1. Evaluations of VOC and NOX rules for sources subject
to a CTG.
    2. Negative declarations where there are no facilities subject to a
CTG.
    3. Negative declaration for major non-CTG sources of VOC or
NOX.
    A summary of our evaluation of each element is provided below. For
additional information concerning our evaluation, please refer to the
Technical Support Documents (TSDs) concerning the 2006, 2009 and 2014
RACT SIPs and FRAQMD Rule 3.8, which are available in the docket for
this action.
1. Evaluations of VOC and NOX Rules for Sources Subject to a
CTG
    We believe that Rule 3.8 is consistent with the relevant
requirements, as well as policy and guidance regarding enforceability,
RACT, and SIP relaxations. We are not aware of information suggesting
that additional controls are needed to fulfill RACT.
2. Negative Declarations Where There are no Facilities Subject to a CTG
    Negative declarations are only required for CTG source categories
for which the District has no sources covered by the CTG. A negative
declaration is not required for non-CTG source categories. Table 3
below lists the CTG source categories for the 2006, 2009 and 2014 RACT
SIPs. The District indicated it does not currently have, nor does it
anticipate sources subject to the CTGs in these categories in the
future. We searched CARB's emissions inventory database to verify there
are no facilities in FRAQMD that might be subject to the CTGs listed
below. We concur with the District's negative declarations.

                      Table 3--Negative Declarations for the 2006, 2009 and 2014 RACT SIPS
----------------------------------------------------------------------------------------------------------------
                                                 Negative declaration CTG      2006 RACT   2009 RACT   2014 RACT
             CTG source category                    reference document            SIP         SIP         SIP
----------------------------------------------------------------------------------------------------------------
Aerospace...................................  EPA-453/R-97-004--Control of            X   ..........          X
                                               VOC Emissions from Coating
                                               Operations at Aerospace
                                               Manufacturing and Rework.
Automobile Coating; Metal Coil Container, &   EPA-450/2-77-008--Control of            X   ..........          X
 Closure; Paper & Fabric.                      Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume II Surface
                                               Coating of Cans, Coils,
                                               Paper, Fabrics, Automobiles,
                                               and Light-Duty Trucks.
Automobile and Light-Duty Truck Assembly      EPA-453/R-08-006--Control       ..........          X           X
 Coatings.                                     Techniques Guidelines for
                                               Automobile and Light-Duty
                                               Assembly Coatings.
Cutback Asphalt.............................  EPA-450/2-77-037--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Use of Cutback Asphalt.
Dry Cleaning................................  EPA-450/3-82-009--Control of            X   ..........          X
                                               Volatile Organic Compound
                                               Emissions from Large
                                               Petroleum Dry Cleaners.
Flat Wood Paneling Coatings.................  EPA-453/R-06-004--Control       ..........          X           X
                                               Techniques Guidelines for
                                               Flat Wood Paneling Coatings.
Fiberglass Boat Manufacturing Materials.....  EPA-453/R-08-004--Control       ..........          X           X
                                               Techniques Guidelines for
                                               Fiberglass Boat Manufacturing
                                               Materials.
Flexible Package Printing...................  EPA-453/R06-003--Control        ..........          X           X
                                               Techniques Guidelines for
                                               Flexible Package Printing.

Gasoline Loading Terminal...................  EPA-450/2-77-026--Control of            X   ..........          X
                                               Hydrocarbons from Tank Truck
                                               Gasoline Loading Terminals.
Gasoline Trucks.............................  EPA-450/2-78-051--Control of            X   ..........          X
                                               Volatile Organic Compound
                                               Leaks from Gasoline Tank
                                               Trucks and Vapor Collection
                                               Systems.
Gasoline Bulk Plants........................  EPA-450/2-77-035--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Gasoline Bulk Plants.
Graphic Arts Rotogravure and Flexography....  EPA-450/2-78-033--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume VIII:
                                               Rotogravure and Flexography.
Industrial Cleaning Solvents................  EPA-453/R-06-001--Control               X           X           X
                                               Techniques Guidelines for
                                               Industrial Cleaning Solvents.
Large Appliance Coating.....................  EPA-450/2-77-034--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources, Volume V: Surface
                                               Coating of Large Appliances.
Large Appliance Coating.....................  EPA-453/R-07-004--Control       ..........          X           X
                                               Techniques for Large
                                               Appliance Coatings.
Magnet Wire Coating.........................  EPA-450/2-77-033--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume IV: Surface
                                               Coating of Insulation of
                                               Magnet Wire.
Metal Can Coating; Metal Coil Coating.......  EPA-450/2-77-008--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume II: Surface
                                               Coating of Cans, Coils,
                                               Paper, Fabrics, Automobiles,
                                               and Light-Duty Trucks.
Metal Furniture.............................  EPA-450/2-77-032--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume III: Surface
                                               Coating of Metal Furniture.
Metal Furniture Coatings....................  EPA-453/R-07-005--Control       ..........          X           X
                                               Techniques Guidelines for
                                               Metal Furniture Coatings.
Metal Parts and Products....................  EPA-450/2-78-015--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume VI: Surface
                                               Coating of Miscellaneous
                                               Parts and Products.
Miscellaneous Industrial Adhesives..........  EPA-453/R-08-005--Control               X           X           X
                                               Techniques Guidelines for
                                               Miscellaneous Industrial
                                               Adhesives.
Miscellaneous Metal and Plastic Parts         EPA-453/R-08-003--Control       ..........          X           X
 Coatings.                                     Techniques Guidelines for
                                               Miscellaneous Metal and
                                               Plastic Parts Coatings.
Natural Gas/Gasoline........................  EPA-450/2-83-007--Control of            X   ..........          X
                                               VOC Equipment Leaks from
                                               Natural Gas/Gasoline
                                               Processing Plants.
Offset Lithographic Printing and Letterpress  EPA-453/R-06-002--Control       ..........          X           X
 Printing.                                     Techniques Guidelines for
                                               Offset Lithographic Printing
                                               and Letterpress Printing.
Paper and Fabric Coating....................  EPA-450/2-77-008--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume II: Surface
                                               Coating of Cans, Coils,
                                               Paper, Fabrics, Automobiles,
                                               and Light-Duty Trucks.
Paper, Film, and Foil Coatings..............  EPA-453/R-07-003--Control       ..........          X           X
                                               Techniques Guidelines for
                                               Paper, Film, and Foil
                                               Coatings.
Perchloroethylene Dry Cleaning Systems\1\...  EPA-450/2-78-050--Control of    ..........  ..........          X
                                               Volatile Organic Emissions
                                               from Perchloroethylene Dry
                                               Cleaning Systems.
Petroleum Liquid Storage Tanks..............  EPA-450/2-77-036--Control of            X   ..........          X
                                               VOC Emissions from Storage of
                                               Petroleum Liquids in Fixed
                                               Roof Tanks.
Petroleum Liquid Storage Tanks..............  EPA-450/2-78-047--Control of            X   ..........          X
                                               VOC Emissions from Petroleum
                                               Liquid Storage in External
                                               Floating Roof Tanks.
Pharmaceutical Products.....................  EPA-450/2-78-029--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Manufacture of
                                               Synthesized Pharmaceutical
                                               Products.
Resin Manufacturing.........................  EPA-450/3-83-008--Control of            X   ..........          X
                                               VOC Emissions from
                                               Manufacture of High-Density
                                               Polyethylene, Polypropylene,
                                               and Polystyrene Resins.
Resin Manufacturing.........................  EPA-450/3-83-006--Control of            X   ..........          X
                                               VOC Fugitive Emissions from
                                               Synthetic Organic Chemical
                                               Polymer and Resin
                                               Manufacturing Equipment.
Refineries..................................  EPA-450/2-77-025--Control of            X   ..........          X
                                               Refinery Vacuum Producing
                                               Systems, Wastewater
                                               Separators, and Process Unit
                                               Turnarounds.
Refineries..................................  EPA-450/2-78-036--Control of            X   ..........          X
                                               VOC Leaks from Petroleum
                                               Refinery Equipment.
Rubber Tire Manufacturing...................  EPA-450/2-78-030--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Manufacture of Pneumatic
                                               Rubber Tires.
Ship Coatings...............................  61 FR 44050 Shipbuilding and            X   ..........          X
                                               Ship Repair Operations
                                               (Surface Coating).
Ship Coatings...............................  EPA-453/R-94-032--Alternative   ..........  ..........          X
                                               Control Technology Document--
                                               Surface Coating Operations at
                                               Shipbuilding and Ship Repair
                                               Operations (Surface Coating).
Solvent Cleaning Degreasers.................  EPA-450/2-77-022--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Solvent Metal Cleaning.

Synthetic Organic Chemical Manufacturing....  EPA-450/3-84-015--Control of            X   ..........          X
                                               VOC Emissions from Air
                                               Oxidation Processes in
                                               Synthetic Organic Chemical
                                               Manufacturing Industry.
Synthetic Organic Chemical Manufacturing....  EPA-450/4-91-031--Control of            X   ..........          X
                                               VOC Emissions from Reactor
                                               Processes and Distillation
                                               Operations in Synthetic
                                               Organic Chemical
                                               Manufacturing Industry.
Wood Coating Factory Surface of Flat Wood     EPA-450/2-78-032--Control of            X   ..........          X
 Paneling.                                     Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume VII: Factory
                                               Surface of Flat Wood Paneling.
Wood Furniture Coating......................  EPA-453/R-96-007--Control of            X   ..........          X
                                               VOC Emissions from Wood
                                               Furniture Manufacturing
                                               Operations.
----------------------------------------------------------------------------------------------------------------
\1\ This item is not a CTG because EPA exempted perchloroethylene as a VOC for purposes of ozone SIPs. 61 FR
  4588 (February 7, 1996) (codified at 40 CFR 51.100(s)(1)).

3. Negative Declaration for Major Non-CTG Sources of VOC or
NOX
    The 2006, 2009 and 2014 RACT SIPs each included a negative
declaration for major non-CTG sources of VOC and NOX. EPA
agrees that there are no major non-CTG sources of NOX or
VOCs in the south Sutter County nonattainment area.
4. Conclusion
    We find that FRAQMD's 2006, 2009, and 2014 RACT SIPs including the
negative declarations and the Rule 3.8 revisions, adequately
demonstrate that they satisfy RACT for the 1997 and 2008 8-hour ozone
NAAQS. Our TSDs have more information on our evaluation of the three
RACT SIP submissions and Rule 3.8.

C. EPA Recommendations To Strengthen the RACT SIPs and the Rule

    Our TSD for Rule 3.8 describes additional revisions that we
recommend for the next time FRAQMD modifies the rule.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted SIP revisions because we believe they fulfill
all relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same SIP revisions. If we
receive adverse comments by August 7, 2015, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on September 8, 2015. This will incorporate
these documents and rule into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on a specific
provision of this SIP revision and if that provision may be severed
from the remainder of the SIP revision, EPA may adopt as final those
provisions of the SIP revision that are not the subject of an adverse
comment.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the FRAQMD
rule described in the amendments to 40 CFR 52 set forth below. EPA has
made, and will continue to make, this document available electronically
through www.regulations.gov and in hard copy at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).

IV. Statutory and Executive Order Reviews

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

In addition, the SIPs and the rule are not approved to apply on any
Indian reservation land or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications 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).
    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 action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    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 September 8, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

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.

    Dated: April 30, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(382)(ii)(B),
(c)(457)(i)(A)(3), (c)(459) and (c)(460) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (382) * * *
    (ii) * * *
    (B) Feather River Air Quality Management District.
    (1) 2006 Reasonably Available Control Technology (RACT) Analysis
for State Implementation Plan (SIP) (``2006 RACT SIP'') as adopted on
December 4, 2006.
* * * * *
    (457) * * *
    (i) * * *
    (A) * * *
    (3) Rule 3.8, ``Gasoline Dispensing Facilities,'' amended on June
2, 2014.
* * * * *
    (459) The following plan revision was submitted on September 29,
2014, by the Governor's designee.
    (i) [Reserved]
    (ii) Additional Material.
    (A) Feather River Air Quality Management District.
    (1) Reasonably Available Control Technology Analysis and Negative
Declarations (``2014 RACT SIP''), as adopted on August 4, 2014.
    (460) New and amended regulations for the following AQMDs were
submitted on November 5, 2014 by the Governor's designee.
    (i) Incorporation by Reference.
    (A) Feather River Air Quality Management District.
    (1) Rule 3.8, ``Gasoline Dispensing Facilities,'' amended on June
2, 2014.

0
3. Section 52.222 is amended by adding paragraph (a)(11) to read as
follows:

Sec.  52.222  Negative declarations.

    (a) * * *
    (11) Feather River Air Quality Management District.

----------------------------------------------------------------------------------------------------------------
                                                                               2006 RACT   2009 RACT   2014 RACT
                                                 Negative declaration CTG         SIP         SIP         SIP
             CTG source category                    reference document         submitted   submitted   submitted
                                                                                7/11/07    10/27/09     9/29/14
----------------------------------------------------------------------------------------------------------------
Aerospace...................................  EPA-453/R-97-004--Control of            X   ..........          X
                                               VOC Emissions from Coating
                                               Operations at Aerospace
                                               Manufacturing and Rework.
Automobile Coating; Metal Coil Container, &   EPA-450/2-77-008--Control of            X   ..........          X
 Closure; Paper & Fabric.                      Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume II Surface
                                               Coating of Cans, Coils,
                                               Paper, Fabrics, Automobiles,
                                               and Light-Duty Trucks.
Automobile and Light-Duty Truck Assembly      EPA-453/R-08-006--Control       ..........          X           X
 Coatings.                                     Techniques Guidelines for
                                               Automobile and Light-Duty
                                               Assembly Coatings.
Cutback Asphalt.............................  EPA-450/2-77-037--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Use of Cutback Asphalt.
Dry Cleaning................................  EPA-450/3-82-009--Control of            X   ..........          X
                                               Volatile Organic Compound
                                               Emissions from Large
                                               Petroleum Dry Cleaners.
Flat Wood Paneling Coatings.................  EPA-453/R-06-004--Control       ..........          X           X
                                               Techniques Guidelines for
                                               Flat Wood Paneling Coatings.
Fiberglass Boat Manufacturing Materials.....  EPA-453/R-08-004--Control       ..........          X           X
                                               Techniques Guidelines for
                                               Fiberglass Boat Manufacturing
                                               Materials.
Flexible Package Printing...................  EPA-453/R06-003--Control        ..........          X           X
                                               Techniques Guidelines for
                                               Flexible Package Printing.
Gasoline Loading Terminal...................  EPA-450/2-77-026--Control of            X   ..........          X
                                               Hydrocarbons from Tank Truck
                                               Gasoline Loading Terminals.
Gasoline Trucks.............................  EPA-450/2-78-051--Control of            X   ..........          X
                                               Volatile Organic Compound
                                               Leaks from Gasoline Tank
                                               Trucks and Vapor Collection
                                               Systems.
Gasoline Bulk Plants........................  EPA-450/2-77-035--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Gasoline Bulk Plants.

Graphic Arts Rotogravure and Flexography....  EPA-450/2-78-033--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume VIII:
                                               Rotogravure and Flexography.
Industrial Cleaning Solvents................  EPA-453/R-06-001--Control               X           X           X
                                               Techniques Guidelines for
                                               Industrial Cleaning Solvents.
Large Appliance Coating.....................  EPA-450/2-77-034--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources, Volume V: Surface
                                               Coating of Large Appliances.
Large Appliance Coating.....................  EPA-453/R-07-004--Control       ..........          X           X
                                               Techniques for Large
                                               Appliance Coatings.
Magnet Wire Coating.........................  EPA-450/2-77-033--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume IV: Surface
                                               Coating of Insulation of
                                               Magnet Wire.
Metal Can Coating; Metal Coil Coating.......  EPA-450/2-77-008--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume II: Surface
                                               Coating of Cans, Coils,
                                               Paper, Fabrics, Automobiles,
                                               and Light-Duty Trucks.
Metal Furniture.............................  EPA-450/2-77-032--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume III: Surface
                                               Coating of Metal Furniture.
Metal Furniture Coatings....................  EPA-453/R-07-005--Control       ..........          X           X
                                               Techniques Guidelines for
                                               Metal Furniture Coatings.
Metal Parts and Products....................  EPA-450/2-78-015--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume VI: Surface
                                               Coating of Miscellaneous
                                               Parts and Products.
Miscellaneous Industrial Adhesives..........  EPA-453/R-08-005--Control               X           X           X
                                               Techniques Guidelines for
                                               Miscellaneous Industrial
                                               Adhesives.
Miscellaneous Metal and Plastic Parts         EPA-453/R-08-003--Control       ..........          X           X
 Coatings.                                     Techniques Guidelines for
                                               Miscellaneous Metal and
                                               Plastic Parts Coatings.
Natural Gas/Gasoline........................  EPA-450/2-83-007--Control of            X   ..........          X
                                               VOC Equipment Leaks from
                                               Natural Gas/Gasoline
                                               Processing Plants.
Offset Lithographic Printing and Letterpress  EPA-453/R-06-002--Control       ..........          X           X
 Printing.                                     Techniques Guidelines for
                                               Offset Lithographic Printing
                                               and Letterpress Printing.
Paper and Fabric Coating....................  EPA-450/2-77-008--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume II: Surface
                                               Coating of Cans, Coils,
                                               Paper, Fabrics, Automobiles,
                                               and Light-Duty Trucks.
Paper, Film, and Foil Coatings..............  EPA-453/R-07-003--Control       ..........          X           X
                                               Techniques Guidelines for
                                               Paper, Film, and Foil
                                               Coatings.
Petroleum Liquid Storage Tanks..............  EPA-450/2-77-036--Control of            X   ..........          X
                                               VOC Emissions from Storage of
                                               Petroleum Liquids in Fixed
                                               Roof Tanks.
Petroleum Liquid Storage Tanks..............  EPA-450/2-78-047--Control of            X   ..........          X
                                               VOC Emissions from Petroleum
                                               Liquid Storage in External
                                               Floating Roof Tanks.
Pharmaceutical Products.....................  EPA-450/2-78-029--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Manufacture of
                                               Synthesized Pharmaceutical
                                               Products.
Resin Manufacturing.........................  EPA-450/3-83-008--Control of            X   ..........          X
                                               VOC Emissions from
                                               Manufacture of High-Density
                                               Polyethylene, Polypropylene,
                                               and Polystyrene Resins.
Resin Manufacturing.........................  EPA-450/3-83-006--Control of            X   ..........          X
                                               VOC Fugitive Emissions from
                                               Synthetic Organic Chemical
                                               Polymer and Resin
                                               Manufacturing Equipment.
Refineries..................................  EPA-450/2-77-025--Control of            X   ..........          X
                                               Refinery Vacuum Producing
                                               Systems, Wastewater
                                               Separators, and Process Unit
                                               Turnarounds.
Refineries..................................  EPA-450/2-78-036--Control of            X   ..........          X
                                               VOC Leaks from Petroleum
                                               Refinery Equipment.
Rubber Tire Manufacturing...................  EPA-450/2-78-030--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Manufacture of Pneumatic
                                               Rubber Tires.
Ship Coatings...............................  61 FR 44050 Shipbuilding and            X   ..........          X
                                               Ship Repair Operations
                                               (Surface Coating).
Ship Coatings...............................  EPA-453/R-94-032--Alternative   ..........  ..........          X
                                               Control Technology Document--
                                               Surface Coating Operations at
                                               Shipbuilding and Ship Repair
                                               Operations (Surface Coating).
Solvent Cleaning Degreasers.................  EPA-450/2-77-022--Control of            X   ..........          X
                                               Volatile Organic Emissions
                                               from Solvent Metal Cleaning.
Synthetic Organic Chemical Manufacturing....  EPA-450/3-84-015--Control of            X   ..........          X
                                               VOC Emissions from Air
                                               Oxidation Processes in
                                               Synthetic Organic Chemical
                                               Manufacturing Industry.
Synthetic Organic Chemical Manufacturing....  EPA-450/4-91-031--Control of            X   ..........          X
                                               VOC Emissions from Reactor
                                               Processes and Distillation
                                               Operations in Synthetic
                                               Organic Chemical
                                               Manufacturing Industry.
Wood Coating Factory Surface of Flat Wood     EPA-450/2-78-032--Control of            X   ..........          X
 Paneling.                                     Volatile Organic Emissions
                                               from Existing Stationary
                                               Sources--Volume VII: Factory
                                               Surface of Flat Wood Paneling.

Wood Furniture Coating......................  EPA-453/R-96-007--Control of            X   ..........          X
                                               VOC Emissions from Wood
                                               Furniture Manufacturing
                                               Operations.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-16627 Filed 7-7-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: September 8, 2009 (Volume 74, Number 172)]
[Rules and Regulations]
[Page 46010-46011]
[DOCID:fr08se09-14]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0735]

Drawbridge Operation Regulations; Hackensack River, Jersey City,
NJ, Maintenance

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Witt Penn Bridge at mile 3.1, across the Hackensack River, at Jersey
City, New Jersey. Under this temporary deviation the Witt Penn Bridge
may remain in the closed position for 45 days to facilitate necessary
bridge maintenance.

DATES: This deviation is effective from September 8, 2009 through
October 22, 2009.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2009-0735 and are available online
at www.regulations.gov, inserting USCG-2009-0735 in the ``Keyword'' and
then clicking ``Search''. They are also available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. Joe Arca, Project Officer, First Coast Guard
District, telephone<PHONE_NUMBER>. If you have questions on viewing
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Witt Penn Bridge, across the Hackensack
River at mile 3.1 has a vertical clearance in the closed position of 35
feet at mean high water and 40 feet at mean low water. The existing
drawbridge operation regulations are listed at 33 CFR 117.723.

    The waterway has seasonal recreational vessels, and commercial
vessels of various sizes.
    The owner of the bridge, New Jersey Department of Transportation,
requested a temporary deviation to facilitate the replacement of
sheaves and wire ropes at the bridge.
    Under this temporary deviation the Witt Penn Bridge, mile 3.1,
across the Hackensack River may remain in the closed position for
bridge maintenance from September 8, 2009 through October 22, 2009.
Vessels that can pass under the bridge without a bridge opening may do
so at all times. This deviation has been coordinated with the waterway
users.
    The contractor will have a crane barge located at the bridge. The
crane barge will move out of the main channel upon request after at
least a 9 hour advance notice is given by calling the bridge at 201-
795-0631.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: August 27, 2009.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. E9-21561 Filed 9-4-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Rules and Regulations]
[Pages 16101-16105]
[FR Doc No: 2017-06359]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8184; Directorate Identifier 2016-NM-036-AD;
Amendment 39-18843; AD 2017-07-05]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A300 series airplanes; and Model A300 B4-600, B4-600R, and
F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes
(collectively called Model A300-600 series airplanes). This AD was
prompted by reports of cracks in main landing gear (MLG) leg
components. This AD requires detailed visual inspections of these MLG
leg components and replacement of the MLG leg if cracked components are
found. We are issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective May 8, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 8, 2017.

ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAW, 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_ADDRESS>Internet
http://www.airbus.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
8184.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
8184; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) 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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Airbus Model A300
series airplanes; and Model A300 B4-600, B4-600R, and F4-600R series
airplanes, and Model A300 C4-605R Variant F airplanes (collectively
called Model A300-600 series airplanes). The NPRM was prompted by
reports of cracks in

MLG leg components. The NPRM proposed to require repetitive detailed
visual inspections of certain MLG leg components for cracks, and
replacing the MLG leg if necessary. We are issuing this AD to detect
and correct cracking of certain components in the MLG leg, which could
result in a MLG collapse, and consequent damage to the airplane and
injury to the airplane occupants.
    The NPRM published in the Federal Register on August 5, 2016 (81 FR
51818) (``the NPRM'').
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2016-0058, dated March 21, 2016 (referred to after this as ``the
MCAI''), to correct an unsafe condition for all Airbus Model A300
series airplanes; and Model A300 B4-600, B4-600R, and F4-600R series
airplanes, and Model A300 C4-605R Variant F airplanes (collectively
called Model A300-600 series airplanes). The MCAI states:

    Two cases were reported of finding a cracked main landing gear
(MLG) hinge arm/barrel pin, one was discovered in service during a
maintenance task and the other one was identified during MLG
overhaul.
    This condition, if not detected and corrected, could lead to MLG
collapse, resulting in damage to the aeroplane and potential injury
to occupants.
    To address this potential unsafe condition, and awaiting a final
fix establishment, Airbus issued Alert Operators Transmission (AOT)
32W008-16 to provide instructions for detailed visual inspections
(DET) to detect through cracks.
    For the reasons described above, this [EASA] AD requires
repetitive DET of the MLG hinge arm/barrel pin and, depending on
findings, replacement of the affected MLG leg.

    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-2016-
8184.

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.

Requests To Permit On-Wing Inspection/Pin Replacement

    FedEx asked whether the airframe manufacturer and/or MLG
manufacturer have explored the possibility of inspecting the affected
MLG and replacing a cracked MLG hinge arm/barrel pin without removing
the MLG leg, as specified by Airbus Alert Operators Transmission (AOT)
A32W008-16, dated February 25, 2016, including Appendices 1 through 4.
FedEx stated that an on-wing inspection of the MLG leg would be
effective in determining if further structural damage has occurred.
    United Parcel Service (UPS) requested that we revise the NPRM to
allow on-wing replacement of a cracked pin with part number C66441-(x)
instead of replacing the MLG leg. UPS stated that it has reviewed the
Airbus A300 Aircraft Maintenance Manual (AMM) and noted that the AMM
indicates that the pin can be replaced while the gear is installed on
the airplane.
    We do not agree that an on-wing inspection of the MLG would be
effective in finding further structural damage. When a hinge arm/barrel
pin is cracked, damage to other MLG components cannot be excluded. This
damage cannot be detected by on-wing inspections. Airbus currently does
not have an approved method for on-wing inspections to detect all
possible damage to the MLG components. For these reasons, Airbus AOT
A32W008-16, dated February 25, 2016, including Appendices 1 through 4,
specifies removing the MLG for further inspections for damage.
    We also do not agree that an on-wing replacement of the pin in the
MLG leg would be an adequate corrective action. As previously
explained, when a hinge arm/barrel pin is cracked, other MLG component
damage cannot be excluded. On-wing replacement of the pin would not
correct any other MLG component damage that might be present.
    Under the provisions of paragraph (j)(1) of this AD, we will
consider requests for approval of an alternative on-wing inspection or
replacement method if sufficient data are submitted to substantiate
that the method would provide an acceptable level of safety. We have
not changed this AD in this regard.

Requests To Withdraw the NPRM or Increase the Interval Between
Inspections

    UPS and FedEx requested that the 100 flight cycle inspection
interval be extended.
    FedEx commented that, although it recognizes and appreciates the
airplane manufacturer's safety concerns about discovering a cracked MLG
hinge arm/barrel pin before complete failure, it would like to see the
analysis that resulted in determination of an inspection interval of
100 flight cycles to prevent in-service pin failures. FedEx asserted
that a 100 flight cycle interval may be unnecessarily conservative
based on the pre-discovery history of cracked pins in the MLG leg of
the airplane, which has had two cases of cracked MLG hinge arm/barrel
pins.
    UPS requested that the FAA either withdraw the NPRM or change the
repetitive inspection interval from 100 flight cycles to 1,000 flight
cycles. UPS stated that the detailed visual inspection at intervals of
100 flight cycles for the internal diameter of each affected MLG hinge
arm/barrel pin specified by paragraph (g) of the proposed AD is too
restrictive and not supported by data. UPS stated that it believes the
cracking is associated with a specific operator's maintenance practices
rather than a design of the landing gear or pin. UPS stated that the
AMM and landing gear overhaul manual have defined inspection procedures
that have been used to properly maintain the landing gear without any
major findings for the past 30 years. UPS noted that its experience for
the past 16 years has not shown any findings. UPS provides the
following reasons for increasing the interval between inspections.
     The basis for issuance of the MCAI is findings of two
cracked pins. The first finding was discovered during gear overhaul
after the landing gear completed its gear overhaul life (8 years or
12,000 cycles). The second finding occurred after the unit accumulated
more than 3,500 flight cycles since overhaul and was also subjected to
a hard landing. Both pins had accumulated more than 25,000 flight
cycles and went to repeat overhauls before failure. This indicates that
the crack finding is associated with a specific operator maintenance
practice rather than an inherent design problem of the landing gear or
pin.
     Airbus Message 80187097/003, dated July 22, 2016, states
that Airbus is working with EASA to reduce the burden to operators.
     UPS has operated 52 Model A300 airplanes since
introduction of the model in the year 2000 with no findings. UPS's
fleet leader airplane has accumulated more than 21,000 flight cycles
with no similar finding. UPS has also reviewed all overhaul records
since the introduction of Model A300 airplanes and did not find any
cracked pins.
     UPS has accomplished the inspection specified in Airbus
AOT A32W008-16, dated February 25, 2016, including Appendices 1 through
4, every 100 flight cycles since February 2016. The 260 inspections
accomplished on 52 airplanes did not show any findings.
    We do not agree to withdraw the NPRM or to increase the repetitive
interval between detailed visual inspections on the MLG leg. While the

MCAI cites two reports of cracked pins, Airbus has reports from the
past six years of 45 pins with damage on the outer diameter. Based on
the current reports and ongoing investigation, EASA is not able to
support an increased inspection interval. Therefore, we have determined
that the inspection interval recommended by the manufacturer and
required by EASA is appropriate based on the available data. However,
in the future, the data collected from the reporting requirement of
paragraph (i) of this AD may provide the necessary information to
justify an increase in the inspection interval. Additionally, if Airbus
develops an alternative method of compliance that reduces the burden on
operators, we will consider requests for its approval if sufficient
data is submitted to substantiate that the method would provide an
acceptable level of safety. We have not changed this AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD as proposed except for 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.

Related Service Information Under 1 CFR Part 51

    We reviewed Airbus AOT A32W008-16, dated February 25, 2016,
including Appendices 1 through 4. This service information describes
procedures for a detailed visual inspection of the internal diameter of
each affected MLG hinge arm/barrel pin and replacement of the MLG leg
with a serviceable unit. 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 128 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
----------------------------------------------------------------------------------------------------------------
Detailed visual inspection........  1 work-hour x $85              0  $85 per inspection    $10,880 per
                                     per hour = $85 per                cycle.                inspection cycle.
                                     inspection cycle.
Reporting.........................  1 work-hour x $85              0  $85.................  $10,880.
                                     per hour.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacement
that would be required based on the results of the required inspection.
We have no way of determining the number of aircraft that might need
this replacement.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Remove and replace MLG Leg....................  20 work-hours x $85 per hour =        $3,400,000      $3,401,700
                                                 $1,700.
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave. SW., Washington, DC 20591, ATTN: Information
Collection Clearance Officer, AES-200.

Authority for This Rulemaking

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

Regulatory Findings

    We 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 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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2017-07-05 Airbus: Amendment 39-18843; Docket No. FAA-2016-8184;
Directorate Identifier 2016-NM-036-AD.

(a) Effective Date

    This AD is effective May 8, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus airplanes identified in paragraphs
(c)(1) through (c)(5) of this AD, certificated in any category, all
manufacturer serial numbers.
    (1) Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and
B4-203 airplanes.
    (2) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.
    (3) Model A300 B4-605R and B4-622R airplanes.
    (4) Model A300 F4-605R and F4-622R airplanes.
    (5) Model A300 C4-605R Variant F airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
Gear.

(e) Reason

    This AD was prompted by reports of cracks in main landing gear
(MLG) leg components. We are issuing this AD to detect and correct
cracking of certain components in the MLG leg, which could result in
a MLG collapse, and consequent damage to the airplane and injury to
the airplane occupants.

(f) Compliance

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

(g) Repetitive Detailed Visual Inspections

    Within the compliance time specified in paragraphs (g)(1) and
(g)(2) of this AD, whichever occurs later, and thereafter at
intervals not to exceed 100 flight cycles: Accomplish a detailed
visual inspection of the internal diameter of each affected MLG
hinge arm/barrel pin, in accordance with the instructions of Airbus
Alert Operators Transmission (AOT) A32W008-16, dated February 25,
2016, including Appendices 1 through 4. The affected MLG hinge arm/
barrel pins are those with part number C66441-(x) and part number
C65543-(x), where the x represents a variable number.
    (1) Within 30 months since the pin's first flight on an
airplane, or since the pin's first flight on an airplane after
overhaul, as applicable.
    (2) Within 30 days after the effective date of this AD.

(h) Corrective Action for Cracked Pins

    If any cracked pin is found during any inspection required by
paragraph (g) of this AD, before further flight, replace the MLG leg
with a serviceable unit, in accordance with the instructions of
Airbus AOT A32W008-16, dated February 25, 2016, including Appendices
1 through 4. Replacement of a MLG leg does not constitute
terminating action for the repetitive inspections required by
paragraph (g) of this AD.

(i) Reporting Requirement

    At the applicable time specified in paragraph (i)(1) or (i)(2)
of this AD, report the results of the inspections required by
paragraph (g) of this AD to Airbus, in accordance with the
instructions of Airbus AOT A32W008-16, dated February 25, 2016,
including Appendices 1 through 4.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>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. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: 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
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(k) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
EASA Airworthiness Directive 2016-0058, dated March 21, 2016, 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-2016-8184.

(l) 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 this AD specifies otherwise.
    (i) Airbus Alert Operations Transmission (AOT) A32W008-16, dated
February 25, 2016, including Appendices 1 through 4 of this AOT do
not contain the document date.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, 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_ADDRESS>
Internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) 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 March 22, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-06359 Filed 3-31-17; 8:45 am]
 BILLING CODE 4910-13-P