[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Rules and Regulations]
[Pages 43781-43782]
[FR Doc No: 2013-17411]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30910; Amdt. No. 3545]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective July 22, 2013. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 22, 2013.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability_All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420) Flight Technologies and Programs
Division, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(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);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, and
Navigation (air).

    Issued in Washington, DC on July 5, 2013.
John Duncan,
Deputy Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal regulations, Part 97, 14 CFR part 97, is amended by
amending Standard Instrument Approach Procedures, effective at 0901 UTC
on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35  [Amended]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * Effective Upon Publication

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      AIRAC Date           State             City                 Airport          FDC No.      FDC Date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
8/22/13...............  NC           Hickory.............  Hickory Rgnl........       3/1240       7/2/13  VOR/DME RWY 24, Orig-B
8/22/13...............  KY           Paducah.............  Barkley Rgnl........       3/6221       7/2/13  RNAV (GPS) RWY 4, Orig-A
8/22/13...............  KY           Paducah.............  Barkley Rgnl........       3/6222       7/2/13  RNAV (GPS) RWY 22, Orig-B
8/22/13...............  KY           Paducah.............  Barkley Rgnl........       3/6223       7/2/13  VOR/DME RWY 22, Amdt 6
8/22/13...............  KY           Paducah.............  Barkley Rgnl........       3/6224       7/2/13  ILS OR LOC RWY 4, Amdt 10
8/22/13...............  KY           Paducah.............  Barkley Rgnl........       3/6225       7/2/13  VOR RWY 4, Amdt 18
8/22/13...............  NC           New Bern............  Coastal Carolina           3/7541       7/2/13  VOR RWY 22, Amdt 3
                                                            Regional.
8/22/13...............  NJ           Teterboro...........  Teterboro...........       3/8651       7/2/13  ILS OR LOC RWY 6, Amdt 29F
8/22/13...............  GA           Savannah............  Savannah/Hilton Head       3/8966       7/2/13  RNAV (GPS) Z RWY 28, Amdt 2
                                                            Intl.
8/22/13...............  NY           Norwich.............  LT Warren Eaton.....       3/9290       7/2/13  RNAV (GPS) RWY 19, Orig
8/22/13...............  NJ           Millville...........  Millville Muni......       3/9811       7/2/13  RNAV (GPS) RWY 14, Orig-B
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2013-17411 Filed 7-19-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Rules and Regulations]
[Pages 82248-82250]
[FR Doc No: 2023-25853]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1296; Airspace Docket No. 23-ANE-2]
RIN 2120-AA66

Amendment of Canadian Area Navigation Routes Q-907 and Q-951, and
Establishment of United States Area Navigation (RNAV) Route T-739;
Eastern United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends high altitude Canadian Area Navigation
routes Q-907 and Q-951; and establishes United States (U.S.) Area
Navigation (RNAV) route T-739, in support of the FAA's Very High
Frequency Omnidirectional Range (VOR) Minimum Operational Network (MON)
Program. The purpose is to enhance the efficiency of the National
Airspace System (NAS) by transitioning from ground-based navigation
aids to a satellite-based navigation system.

DATES: Effective date 0901 UTC, January 25, 2024. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11H, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation

Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Brian Vidis, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it will expand the availability of RNAV routing in the
eastern United States and improve the efficient flow of air traffic
within the NAS by lessening the dependency on ground-based navigation.

History

    The FAA published a NPRM for Docket No. FAA-2023-1296 in the
Federal Register (88 FR 37182; June 7, 2023), proposing to amend 2 high
altitude Canadian Area Navigation routes and establish 1 U.S. RNAV
route in support of transitioning the NAS from a ground-based to a
satellite-based navigation system. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received.

Differences From the NPRM

    Subsequent to the NPRM, minor amendments to the geographic
coordinates for the TALNO, NY, Waypoint (WP) and DANOL, ME, WP were
made that do not substantively alter the proposed route. The TALNO, WP
is updated from ``lat. 44[deg]59'35.12'' N, long. 074[deg]21'35.70''
W'' to ``lat. 44[deg]59'35.11'' N, long. 074[deg]21'35.70'' W''. The
DANOL, WP is updated from ``lat. 45[deg]41'49.50'' N, long.
067[deg]48'11.94'' W'' to ``lat. 45[deg]41'49.51'' N, long.
067[deg]48'11.94'' W''.
    Additionally, the DAVDA, NY, WP was added to the legal description
of RNAV route T-739 as it is a turn of more than one degree, but it
does not substantively alter the route.

Incorporation by Reference

    High altitude Canadian Area Navigation routes are published in
paragraph 2007 and United States Area Navigation Routes are published
in paragraph 6011 of FAA Order JO 7400.11, Airspace Designations and
Reporting Points, which is incorporated by reference in 14 CFR 71.1 on
an annual basis. This document amends the current version of that
order, FAA Order JO 7400.11H, dated August 11, 2023, and effective
September 15, 2023. FAA Order JO 7400.11H is publicly available as
listed in the ADDRESSES section of this document. These amendments will
be published in the next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 to amend Canadian Area Navigation
routes Q-907 and Q-951; and to establish United States Area Navigation
route T-739, in cooperation with NAV CANADA for replacement of Computer
Notification Fixes (CNF). Replacement fixes are relocated to lie on the
U.S./Canada border. This action is in support of the FAA's VOR MON
Program. The purpose is to enhance the efficiency of the NAS by
transitioning from ground-based navigation aids to a satellite-based
navigation system. The proposed changes are described below.
    Q-907: Q-907 is an amended route that extends between the POSTS,
MI, WP and the IMAMA, ME, WP. This amended route replaces CNFs with
pronounceable WP names and moves multiple WPs to lie on the U.S./Canada
border.
    Q-951: Q-951 is an amended route that extends between the POSTS,
MI, WP and the DANOL, ME, WP. This amended route replaces CNFs with
pronounceable WP names and moves multiple WPs to lie on the U.S./
Canadian border.
    T-739: T-739 is a new route that extends between the KATEK, NY, WP
and the DANOL, ME, WP. This route overlays a portion of VOR Federal
airway V-300 from the CAMPO, ME, WP to the DANOL WP.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (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);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of establishing high
altitude Canadian Area Navigation routes Q-907 and Q-951; and
establishing United States (U.S.) Area Navigation (RNAV) route T-739,
to provide additional RNAV routing within the NAS in support of
transitioning it from ground-based to satellite-based navigation,
qualifies for categorical exclusion under the National Environmental
Policy Act (42 U.S.C. 4321 et seq.) and its implementing regulations at
40 CFR part 1500, and in accordance with FAA Order 1050.1F,
``Environmental Impacts: Policies and Procedures,'' paragraph 5-6.5a,
which categorically excludes from further environmental impact review
rulemaking actions that designate or modify classes of airspace areas,
airways, routes, and reporting points (see 14 CFR part 71, Designation
of Class A, B, C, D, and E Airspace Areas; Air Traffic Service Routes;
and Reporting Points); and paragraph 5-6.5b, which categorically
excludes from further environmental impact review ``Actions regarding
establishment of jet routes and Federal airways (see 14 CFR 71.15,
Designation of jet routes and VOR Federal airways) . . .''. As such,
this airspace action is not expected to cause any potentially
significant environmental impacts. In accordance with FAA Order
1050.1F, paragraph 5-2 regarding Extraordinary Circumstances, the FAA
has reviewed this action for factors and circumstances in which a
normally categorically excluded action may have a significant
environmental impact requiring further analysis. Accordingly, the FAA
has determined that no extraordinary circumstances exist that warrant
preparation of an environmental assessment or environmental impact
study.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p.389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:

Paragraph 2007 Canadian Area Navigation Routes.

* * * * *

Q-907 POSTS, MI to IMAMA, ME [Amended]

POSTS, MI                                       WP                             (Lat. 42[deg]18'00.00'' N, long. 085[deg]02'00.00'' W)
PADDE, MI                                       WP                             (Lat. 42[deg]17'09.00'' N, long. 084[deg]28'28.00'' W)
Salem, MI (SVM)                                 VORTAC                         (Lat. 42[deg]24'31.11'' N, long. 083[deg]35'38.05'' W)
GADAV, MI                                       WP                             (Lat. 42[deg]42'27.47'' N, long. 082[deg]29'24.66'' W)
ATENE, ME                                       WP                             (Lat. 46[deg]14'15.18'' N, long. 070[deg]15'28.92'' W)
IMAMA, ME                                       WP                             (Lat. 46[deg]44'09.51'' N, long. 067[deg]47'20.94'' W)
Excluding the airspace within Canada

                                                                      * * * * * * *
Q-951 POSTS, MI to DANOL, ME [Amended]

POSTS, MI                                       WP                             (Lat. 42[deg]18'00.00'' N, long. 085[deg]02'00.00'' W)
PADDE, MI                                       WP                             (Lat. 42[deg]17'09.00'' N, long. 084[deg]28'28.00'' W)
Salem, MI (SVM)                                 VORTAC                         (Lat. 42[deg]24'31.11'' N, long. 083[deg]35'38.05'' W)
GADAV, MI                                       WP                             (Lat. 42[deg]42'27.47'' N, long. 082[deg]29'24.66'' W)
KATEK, NY                                       WP                             (Lat. 44[deg]40'45.38'' N, long. 075[deg]32'22.66'' W)
DAVDA, NY                                       WP                             (Lat. 44[deg]43'27.00'' N, long. 075[deg]22'28.20'' W)
SSENA, NY                                       WP                             (Lat. 44[deg]54'51.43'' N, long. 074[deg]43'21.31'' W)
TALNO, NY                                       WP                             (Lat. 44[deg]59'35.11'' N, long. 074[deg]21'35.70'' W)
KERVO, ME                                       WP                             (Lat. 45[deg]26'41.75'' N, long. 070[deg]39'02.77'' W)
DANOL, ME                                       WP                             (Lat. 45[deg]41'49.51'' N, long. 067[deg]48'11.94'' W)
Excluding the airspace within Canada

* * * * *

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-739 KATEK, MD to DANOL, ME [New]

KATEK, NY                                       WP                             (Lat. 44[deg]40'45.38'' N, long. 075[deg]32'22.66'' W)
DAVDA, NY                                       WP                             (Lat. 44[deg]43'27.00'' N, long. 075[deg]22'28.20'' W)
SSENA, NY                                       WP                             (Lat. 44[deg]54'51.43'' N, long. 074[deg]43'21.31'' W)
TALNO, NY                                       WP                             (Lat. 44[deg]59'35.11'' N, long. 074[deg]21'35.70'' W)
KERVO, ME                                       WP                             (Lat. 45[deg]26'41.75'' N, long. 070[deg]39'02.77'' W)
CAMPO, ME                                       WP                             (Lat. 45[deg]26'49.95'' N, long. 070[deg]20'54.73'' W)
Millinocket, ME (MLT)                           VOR/DME                        (Lat. 45[deg]35'12.15'' N, long. 068[deg]30'55.67'' W)
DANOL, ME                                       WP                             (Lat. 45[deg]41'49.51'' N, long. 067[deg]48'11.94'' W)
Excluding the airspace within Canada

* * * * *

    Issued in Washington, DC, on November 17, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-25853 Filed 11-22-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 23, 2007 (Volume 72, Number 99)]
[Notices]
[Page 28967-28969]
[DOCID:fr23my07-60]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0335; FRL-8119-3]

Inorganic Sulfites; Reregistration Eligibility Decision for Low
Risk Pesticide; Notice of Availability

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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SUMMARY:  This notice announces the availability of EPA's
Reregistration

Eligibility Decision (RED) for the pesticide inorganic sulfites, and
opens a public comment period on this document, related risk
assessments, and other support documents. EPA has reviewed the low risk
pesticide inorganic sulfites through a modified, streamlined version of
the public participation process that the Agency uses to involve the
public in developing pesticide reregistration and tolerance
reassessment decisions. Through these programs, EPA is ensuring that
all pesticides meet current health and safety standards.

DATES:  Comments must be received on or before July 23, 2007.

ADDRESSES:  Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0335, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0335. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. Although
listed in the index, some information is not publicly available, e.g.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either in the
electronic docket at http://www.regulations.gov, or, if only available

in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT:  Mark Perry, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1.  Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register  date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
     iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
     viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What Action is the Agency Taking?

    Under section 4 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to
ensure that they meet current scientific and regulatory

standards. Using a modified, streamlined version of its public
participation process, EPA has completed a RED for the low risk
pesticide, inorganic sulfites under section 4(g)(2)(A) of FIFRA. The
inorganic sulfites case includes sulfur dioxide and sodium
metabisulfite. Sulfur dioxide is applied as a compressed gas and is
typically used to treat for Botrytis cinerea, the fungus which causes
bunch rot or gray mold disease on grapes. In addition, sulfur dioxide
is used in combination with carbon dioxide to treat for black widow
spider on grapes in warehouse settings. The sodium metabisulfite
products are composed of the anhydrous, solid active ingredient
contained in semisealed pads which are added to containers holding
grapes prior to shipping. The pads absorb moisture generated by grapes,
and release low levels of sulfur dioxide in the range of 1-5 ppm. EPA
has determined that the data base to support reregistration is
substantially complete and that products containing inorganic sulfites
will be eligible for reregistration , provided the risks are mitigated
either in the manner described in the RED or by another means that
achieves equivalent risk reduction. Upon submission of any required
product specific data under section 4(g)(2)(B) and any necessary
changes to the registration and labeling (either to address any
concerns identified in the RED or as a result of product specific
data), EPA will make final reregistration decisions under section
4(g)(2)(C) for products containing inorganic sulfites.
    Although the inorganic sulfites RED was signed on July 11, 2006,
certain components of the document, which did not affect the final
regulatory decision, were undergoing final editing at that time. On
September 21, 2006, the Agency received additional data regarding the
rate of absorption of sulfur dioxide into the fruit and packaging
material during treatment of grapes for black widow spider. As a result
of this information, the Agency has published this amendment to the
inorganic sulfites RED. This amendment also includes a table
summarizing the label changes required by the RED. Initially, the
Agency expected sulfur dioxide concentrations following black widow
spider treatment to be too high for buffer zones to be a feasible
option to address bystander exposure concerns. However, considering the
additional absorption data, the Agency is currently able to establish
practical buffer zones as an option to using scrubbers to reduce sulfur
dioxide release concentrations. None of these additions or changes
alter the conclusions documented in the July 11, 2006 inorganic
sulfites RED.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the  Federal Register on May 14,
2004, (69 FR 26819)(FRL-7357-9) explains that in conducting these
programs, the Agency is tailoring its public participation process to
be commensurate with the level of risk, extent of use, complexity of
issues, and degree of public concern associated with each pesticide.
EPA can expeditiously reach decisions for pesticides like inorganic
sulfites, which have low use, and stakeholders. Once EPA assesses uses
and risks for such low risk pesticides, the Agency may go directly to a
decision and prepare a document summarizing its findings, such as the
inorganic sulfites RED.
    The reregistration program is being conducted under Congressionally
mandated time frames, and EPA recognizes the need both to make timely
decisions and to involve the public in finding ways to effectively
mitigate pesticide risks. Inorganic sulfites, however, pose few risks
that require mitigation. The Agency therefore is issuing the inorganic
sulfites RED, its risk assessments, and related support materials
simultaneously for public comment. The comment period is intended to
provide an opportunity for public input and a mechanism for initiating
any necessary amendments to the RED. All comments should be submitted
using the methods in ADDRESSES, and must be received by EPA on or
before the closing date. These comments will become part of the Agency
Docket for inorganic sulfites. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments.
    EPA will carefully consider all comments received by the closing
date and will provide a Response to Comments Memorandum in the Docket
and regulations.gov. If any comment significantly affects the document,
EPA also will publish an amendment to the RED in the Federal Register.
In the absence of substantive comments requiring changes, the inorganic
sulfites RED will be implemented as it is now presented.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data concerning a pesticide active ingredient, ``the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration,'' before calling in product
specific data on individual end-use products and either reregistering
products or taking other ``appropriate regulatory action.''

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 1, 2007.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E7-9835 Filed 5-22-07; 8:45 am]

BILLING CODE 6560-50-S


                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            REGION IX AIR DIVISION

                          Technical Support Document
                                      for
                              EPA's Rulemaking
                                    for the
                     California State Implementation Plan

             Yolo-Solano Air Quality Management District Rule 2.34
                            Stationary Gas Turbines

                            Prepared by: Kevin Gong
                               November 10, 2015

RULE IDENTIFICATION
Agency
Yolo-Solano Air Quality Management District  (YSAQMD)

SIP Approved Rule
Rule 2.34  -  Stationary Gas Turbines
Adopted - July 13, 1994
Submitted  -  September 28, 1994
EPA Approved  -  September 3, 1998 (63 FR 46892)

Subject of this TSD
Rule 2.34  -  Stationary Gas Turbines
Revised  -  November 12, 2014
Submitted - June 26, 2015

Completeness Finding
Determined Complete  -  August 13, 2015

BACKGROUND
YSAQMD regulates a portion of the Sacramento Metropolitan Air Basin, which is classified as a "Severe" nonattainment area (NAA) for the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS) (see 40 CFR part 81). For areas classified as moderate nonattainment or above, the Clean Air Act (CAA) requires that the State must submit provisions to the State Implementation Plan (SIP) to require implementation of reasonably available control technology (RACT) (see sections 182(b)(2) and 182(f)).  This rule is intended to implement RACT-level controls for stationary gas turbines, and was revised recently partly to include new limitations on emissions during start-up and shut-down periods, and during short-term exceedances under specific circumstances.

RULE SUMMARY
Rule 2.34 establishes limits for NOx emissions and for stationary gas turbines.  It also describes related recordkeeping, reporting, and monitoring requirements.  The District was prompted to revise the rule after an operator applied to construct a combined cycle gas turbine, as the SIP approved rule's requirements did not take into consideration the different operating needs for combined cycle systems.  The operator for the proposed combined cycle plant chose to cancel their project shortly thereafter.  There is only one simple cycle gas turbine facility in the district.  Changes from the approved SIP rule include:

1.	Deletion of an exemption for pipeline gas turbines.

2.	Updated definitions to support new and changed provisions in the rest of the rule.

3.	Removal of references to efficiency factors in compliance limits for turbines generating more than 2.9 megawatts, and references to biogas and digester gas for fuel.

4.	New operating requirements for control equipment and average limits during start up periods.

5.	New requirements that all turbine operators maintain continuous monitoring equipment and revised source testing requirements.

6.	Separate reporting requirements for gas turbines defined as exempt elsewhere in the rule, and for gas turbines that are covered by this rule.

7.	Deletion of outdated compliance schedules and other obsolete language.

8.	Other minor formatting and editorial revisions to improve clarity.

EVALUATION CRITERIA
The following criteria were used to evaluate the submitted rule.
1.	Enforceability - The Bluebook (Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988) and the Little Bluebook (Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA §110(a)(2)(A) requirement for enforceability.  In addition, we refer to Restatement to Update of EPA's SSM Policy Applicable to SIPs (80 FR 33839, June 12, 2015), with respect to emissions during start-up, shut-down and malfunction (SSM) conditions discussed in Rule 2.34 paragraph 302.  In general, this EPA policy clarifies the requirement for continuous emission limitations, consistent with the CAA.

      2.	Stringency - SIPs must require RACT for each category of sources covered by a Control Technique Guideline (CTG) document as well as each major source in ozone nonattainment areas (see sections 182(b)(2) and 182(f)). While there is no CTG for this source category, EPA has published an Alternative Control Techniques (ACT) document titled, "NOx Emissions from Stationary Gas Turbines" (EPA 453/R-93-007, January 1993) which describes available control techniques and their estimated costs. This ACT and other state and local rules for this category were used to help evaluate the RACT requirements of CAA §182(b)(2) and §182(f).

      3.	SIP Relaxation - CAA §110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the CAA. In addition, CAA §193 prohibits the modification of any SIP-approved control requirement in effect before November 15, 1990, in a nonattainment area.

EPA EVALUATION
A summary of our evaluation of the three criteria follows.

      1. 	The provisions of Rule 2.34 clearly define the types of turbines that must comply with this rule.  Requirements are clearly written, and the monitoring, recordkeeping, and reporting provisions will sufficiently ensure that any affected sources can maintain compliance against the outlined limits.

      	The previous version of Rule 2.34 exempted SSM emissions from control measures, but the most recent revision removes the exemption and replaces it with new restrictions during SSM events.  During start-up and shut-down events, selective catalytic reduction control systems now must be activated once a minimum temperature is achieved based on manufacturer recommendation or source test data (this minimum temperature must be no higher than 550 degrees Fahrenheit).  Additionally, start-up and shut-down emissions are limited to 70 ppmv NOx for gaseous fuels, and 226 ppmv NOx for liquid fuels.  During normal operating conditions, short-term excursions (up to 4 consecutive 15 minute periods) over the compliance limits are now allowed.  However, such excursions must not exceed the normal operating limits described in the table in section 301, as measured over a 6 hour rolling average, and there shall be no more than 10 hours of exceedance in a year.  Such restrictions have the practical effect of requiring continuous compliance with emission limits, even when there are excursions over the normally applicable limits. We believe that these provisions comply with EPA's recently updated policy by establishing reasonable continuous emission limitations during SSM events.

      2. 	The submitted rule requirements are similar to analogous requirements in other parts of California that generally have among the most stringent requirements nationwide, including SMAQMD Rule 413, Antelope Valley Air Quality Management District (AVAQMD) Rule 1134, and South Coast Air Quality Management District (SCAQMD) Rule 1134.  There is no national CTG guidance for gas turbines to help define RACT, but  Rule 2.34 is more stringent than EPA's 1993 ACT  and applicable New Source Performance Standards, such as "Standards of Performance for Stationary Combustion Turbines" (40 CFR 60 Subpart KKKK).  As a result, we propose to determine that this rule fulfils RACT requirements.

      3. 	During YSAQMD's development of most recent revisions to Rule 2.34, a turbine manufacturer commented that turbines burning alternative gaseous fuels such as digester or landfill gasses could potentially have higher emissions due to their different combustion qualities and characteristics. The District agreed, and revised the definition of "gas" fuels to include commercial natural gas and liquefied petroleum gas, but not digester and landfill gases.  As there are no turbines fired on these alternative gaseous fuels in the District, this does not relax the rule in a way that is inconsistent with CAA §§110(l).  Other rule revisions, including a requirement that operators install continuous emissions monitoring equipment in section 303, a requirement for 3 party testing in section 304, and longer recordkeeping requirements in section 502, would strengthen the SIP-approved version of the rule.

      	As a result, we propose to determine that our approval of the submittal would comply with CAA §§110(l) and 193 because (1) the proposed SIP revision would not interfere with the on-going process for ensuring that requirements for RFP and attainment of the NAAQS are met, and (2) the emission limits in the submitted rule are not less stringent than the existing SIP-approved rule.

RULE DEFICIENCIES
There are no deficiencies in this rule that would preclude full approval into the SIP.

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION
The following revision is not currently the basis for rule disapproval, but is recommended for the next time the rule is amended:

1.	While there are currently no turbine units in the District that are fired on digester gas or landfill gas, the rule would be strengthened by including concrete limits for units using these fuels, even if they are higher limits.

EPA ACTION
The submitted Rule 2.34 strengthens the SIP by, among other changes, placing new restrictions on emissions during SSM events.  The rule largely fulfils the relevant CAA §110 and part D requirements.  Therefore, EPA staff recommends approval of Rule 2.34 pursuant to CAA §110(k)(3) and §301(a).

REFERENCES
 "Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations," (a.k.a., Bluebook) EPA OAQPS, May 25, 1988 (http://www.epa.gov/ttn/naaqs/ozone/ozonetech/voc_bluebook.pdf).
 "Guidance Document for Correcting Common VOC & Other Rule Deficiencies," (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001 (http://www.epa.gov/region09/air/sips/littlebluebook2001.pdf).
 Letter dated June 26, 2015, from Richard Corey, Executive Officer, California Air Resources Board, to Jared Blumenfeld, Regional Administrator, US EPA Region 9, with enclosures including "Proposed Amendments to Rule 2.34, Stationary Gas Turbines  -  Final Staff Report" and other SIP submittal documents.
 "Restatement to Update of EPA's SSM Policy Applicable to SIPs," 80 FR 33839, June 12, 2015. .
 AVAQMD Rule 1134, Emissions of NOx from Stationary Gas Turbines, as adopted on January 19, 2010, and approved into the SIP on January 18, 2012 (77 FR 2469).
 SMAQMD Rule 413, Stationary Gas Turbines, as adopted on March 24, 2005, and approved into the SIP on January 10, 2008 (73 FR 1819).
 "Alternative Control Techniques Document  -  NOx Emissions from Stationary Gas Turbines," (EPA-453/R-93-007), Emissions Standards Division, EPA OAQPS, January 1993.
 Comment letter correspondence between Nicole Law and Andrew Steckel, US EPA to Paul Hensleigh, on February 6, 2014, April 18, 2014, June 4, 2014 and July 30, 2014.


[Federal Register: June 9, 2008 (Volume 73, Number 111)]
[Proposed Rules]
[Page 32491-32493]
[DOCID:fr09jn08-10]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0621; Directorate Identifier 2008-NM-015-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-600, -700, -800, and -
900 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Boeing Model 737-600, -700, -800, and -900 series airplanes.
This proposed AD would require installation of hot short protector
(HSP) support brackets and equipment for the fuel quantity indicating
system (FQIS) fuel densitometer and other specified actions as
applicable. This proposed AD would also require a revision to the
Airworthiness Limitations (AWLs) section of the Instructions for
Continued Airworthiness to incorporate AWL No. 28-AWL-07. This proposed
AD results from fuel system reviews conducted by the manufacturer. We
are proposing this AD to prevent the center tank fuel densitometer from
overheating and becoming a potential ignition source inside the center
fuel tank, which, in combination with flammable fuel vapors, could
result in a center fuel tank explosion and consequent loss of the
airplane.

DATES: We must receive comments on this proposed AD by July 24, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Georgios Roussos, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0621;
Directorate Identifier 2008-NM-015-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: Single failures, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
    We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
    Boeing has found that no separation was provided for the fuel
quantity indication system (FQIS) wires. A potential hot short of the
FQIS lead wire could cause the center fuel tank densitometer to
overheat. In situations where the fuel level in the center tank is low,
the overheated densitometer could ignite flammable fuel vapors inside
the center fuel tank. This condition, if not corrected, could result in
a center fuel tank explosion and consequent loss of the airplane.

Other Related Rulemaking

    On April 29, 2008, we issued AD 2008-10-10, amendment 39-15516 (73
FR 25986, May 8, 2008), applicable to certain Boeing Model 737-600, -
700, -700C, -800, and -900 series airplanes. That AD requires revising
the Airworthiness Limitations (AWLs) section of the Instructions for
Continued

Airworthiness (ICA) by incorporating new limitations for fuel tank
systems to satisfy SFAR 88 requirements. That AD also requires the
initial inspection of a certain repetitive AWL inspection to phase in
that inspection, and repair if necessary. That AD resulted from a
design review of the fuel tank systems. We issued that AD to prevent
the potential for ignition sources inside fuel tanks caused by latent
failures, alterations, repairs, or maintenance actions, which, in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane. Incorporating AWL No.
28-AWL-07 into the AWLs section of the ICA in accordance with paragraph
(g)(3) of AD 2008-10-10 would terminate the action specified in
paragraph (g) of this proposed AD.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 737-28A1221,
Revision 1, dated November 9, 2007. The service bulletin describes
procedures for installing hot short protector (HSP) support brackets
and equipment for the FQIS fuel densitometer and doing other specified
actions as applicable. The other specified actions include installing
wire bundle and ground stud support brackets, replacing certain wire
bundle support brackets with new brackets, installing new support
clamps and wire bundles, and rerouting certain wire bundles.
    We have also reviewed Revision March 2007 R2 of Section 9 of the
Boeing 737-600/700/800/900 Maintenance Planning Data (MPD) Document,
D626A001-CMR (hereafter referred to as ``the MPD''). Subsection F,
``AIRWORTHINESS LIMITATIONS--FUEL SYSTEM AWLs,'' of the MPD describes
AWLs for fuel tank systems. Subsection F of the MPD includes fuel
system AWL No. 28-AWL-07, which is a critical design configuration
control limitation (CDCCL) to maintain the design features of the
center fuel tank HSP during its replacement.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the(se) same type
design(s). This proposed AD would require the following actions:
     Installing HSP equipment for the FQIS fuel densitometer
and doing other specified actions as applicable.
     Revising the AWLs section of the ICA to incorporate AWL
No. 28-AWL-07, which would require maintaining the design features of
the center fuel tank HSP during its replacement.
    This proposed AD would also allow accomplishing the revision to the
AWLs section of the ICA in accordance with later revisions of the MPD
as an acceptable method of compliance if they are approved by the
Manager, Seattle Aircraft Certification Office, FAA.

Costs of Compliance

    We estimate that this proposed AD would affect 13 airplanes of U.S.
registry. The following table provides the estimated costs, at an
average labor rate of $80 per work hour, for U.S. operators to comply
with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
           Action                Work hours         Parts           Cost per       registered       Fleet cost
                                                                    airplane        airplanes
----------------------------------------------------------------------------------------------------------------
Installation of HSP support   Up to 16.......  Up to $14,698..  Up to $15,978..              13  Up to $207,714.
 brackets and equipment.
AWLs revision...............  1..............  None...........  $80............              13  $1,040.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Boeing: Docket No. FAA-2008-0621; Directorate Identifier 2008-NM-
015-AD.

Comments Due Date

    (a) We must receive comments by July 24, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-600, -700, -800, and -
900 series airplanes, certificated in any category; as identified in

Boeing Alert Service Bulletin 737-28A1221, Revision 1, dated
November 9, 2007.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance (AMOC)
according to paragraph (k) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent the center tank fuel
densitometer from overheating and becoming a potential ignition
source inside the center fuel tank, which, in combination with
flammable fuel vapors, could result in a center fuel tank explosion
and consequent loss of the airplane.

Compliance

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

Installation of the Hot Short Protector (HSP)

    (f) Within 60 months after the effective date of this AD,
install the HSP support brackets and equipment for the fuel quantity
indicating system (FQIS) fuel densitometer and do all the other
specified actions as applicable, by accomplishing all of the
applicable actions specified in the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-28A1221, Revision 1, dated
November 9, 2007.

Airworthiness Limitations (AWLs) Revision for AWL No. 28-AWL-07

    (g) Concurrently with accomplishing the actions required by
paragraph (f) of this AD, revise the AWLs section of the
Instructions for Continued Airworthiness (ICA) by incorporating AWL
No. 28-AWL-07 of Subsection F of the Boeing 737-600/700/800/900
Maintenance Planning Data (MPD) Document, D626A001-CMR, Section 9,
Revision March 2007 R2 (hereafter referred to as ``the MPD'').

No Alternative Critical Design Configuration Control Limitations
(CDCCLs)

    (h) After accomplishing the action specified in paragraph (g) of
this AD, no alternative CDCCLs may be used unless the CDCCLs are
part of a later revision of the MPD that is approved by the Manager,
Seattle ACO; or unless the CDCCLs are approved as an AMOC in
accordance with the procedures specified in paragraph (k) of this
AD.

Credit for Actions Done According to Previous Issue of Service Bulletin

    (i) Actions done before the effective date of this AD in
accordance with Boeing Alert Service Bulletin 737-28A1221, dated
January 14, 2007, are acceptable for compliance with the
requirements of paragraph (f) of this AD.

Terminating Action for AWLs Revision

    (j) Incorporating AWL No. 28-AWL-07 into the AWLs section of the
ICA in accordance with paragraph (g)(3) of AD 2008-10-10, amendment
39-15516, terminates the action required by paragraph (g) of this
AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle ACO, FAA, ATTN: Georgios Roussos,
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, 1601
Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6482; fax<PHONE_NUMBER>; has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

    Issued in Renton, Washington, on May 30, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-12829 Filed 6-6-08; 8:45 am]

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