[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Proposed Rules]
[Pages 19244-19245]
[FR Doc No: 2015-07865]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0482; Directorate Identifier 2015-NE-06-AD]
RIN 2120-AA64

Airworthiness Directives; GE Aviation Czech s.r.o. Turboprop
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain serial number GE Aviation Czech s.r.o. M601E-11, M601E-11A, and
M601F turboprop engines. This proposed AD was prompted by the
determination that wear or cracking, and subsequent misalignment of the
quill shaft of the engine and the power turbine (PT) shaft, may lead to
rupture of the quill shaft, overspeed of the PT, and uncontained engine
failure. This proposed AD would require inspection of the reduction
gearbox and supporting cone. We are proposing this AD to prevent
misalignment and rupture of the quill shaft, which could lead to
overspeed of the PT, uncontained engine failure, and damage to the
airplane.

DATES: We must receive comments on this proposed AD by June 9, 2015.

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.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    For service information identified in this proposed AD, contact GE
Aviation Czech s.r.o., Beranov[yacute]ch 65, 199 02 Praha 9--
Let[ncaron]any, Czech Republic; phone: +420 222 538 111; fax: +420 222
538 222. You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA.
For information on the availability of this material at the FAA, call
781-238-7125. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0482.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0482; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the mandatory continuing airworthiness
information (MCAI), the regulatory evaluation, any comments received,
and other information. The address for the Docket Office (phone: 800-
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.

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

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this NPRM. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2015-0482;
Directorate Identifier 2015-NE-06-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. We will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD 2015-0014, dated January 30, 2015 (referred to hereinafter as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    It has been identified that misalignment between the quill shaft
of the engine and the Power Turbine (PT) shaft may lead to a rupture
of the quill shaft.
    This condition, if not detected and corrected, could lead to
overspeed of the PT and consequent uncontained engine failure,
possibly resulting in damage to the aeroplane and injury to
occupants and/or persons on the ground.

    You may obtain further information by examining the MCAI in the AD
docket on the Internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2015-0482.

Related Service Information Under 1 CFR Part 51

    We reviewed GE Aviation Czech s.r.o. Alert Service Bulletin (ASB)
No. M601E-11/28, M601E-11A/15, M601F/26, Revision 2, dated January 23,
2015. This service information describes procedures for inspecting the
M601 reduction gearbox and supporting cone. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or see ADDRESSES for other ways
to access this service information.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of the
Czech Republic, and is approved for operation in the United States.
Pursuant to our bilateral agreement with the European Community, EASA
has notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information provided by EASA and determined the unsafe
condition exists and is likely to exist or develop on other products of
the same type design. This proposed AD would require inspection

of the reduction gearbox and supporting cone.

Costs of Compliance

    We estimate that this proposed AD affects 16 engines installed on
airplanes of U.S. registry. We also estimate that it would take about
112 hours per engine to comply with this proposed AD. The average labor
rate is $85 per hour. Required parts cost about $21,376 per engine.
Based on these figures, we estimate the cost of this proposed AD on
U.S. operators to be $494,336. Our cost estimate is exclusive of
possible warranty coverage.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

GE Aviation Czech s.r.o. (Type Certificate previously held by WALTER
Engines a.s., Walter a.s., and MOTORLET a.s.): Docket No. FAA-2015-
0482; Directorate Identifier 2015-NE-06-AD.

(a) Comments Due Date

    We must receive comments by June 9, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to certain serial number (S/N) GE Aviation Czech
s.r.o. M601E-11, M601E-11A, and M601F turboprop engines, as follows:
    (1) Model M601E-11: S/N 833244, 841289, 852239, 861007, 881217,
884021, 892046, 892219, 894018, 903028, 913038, and 912023.
    (2) Model M601E-11A: S/N 902004 and 883046.
    (3) Model M601F: S/N 912001 and 924002.

(d) Reason

    This AD was prompted by the determination that wear or cracking,
and subsequent misalignment of the quill shaft of the engine and the
power turbine (PT) shaft, may lead to rupture of the quill shaft,
overspeed of the PT, and uncontained engine failure. We are issuing
this AD to prevent misalignment and rupture of the quill shaft,
which could lead to overspeed of the PT, uncontained engine failure,
and damage to the airplane.

(e) Actions and Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) Within 300 flight hours, or six months after the effective
date of this AD, whichever occurs first, inspect the reduction
gearbox and supporting cone. Use Appendix 2, paragraph 4.,
Inspection, of GE Aviation Czech s.r.o. Alert Service Bulletin (ASB)
No. M601E-11/28, M601E-11A/15, M601F/26, Revision 2, dated January
23, 2015, to do your inspection.
    (2) If any crack is detected on the quill shaft, PT shaft, or
the supporting cone, or if the quill shaft or PT shaft involute
spline wear exceeds 0.12 mm, then before further flight, replace
each cracked or worn part with a part eligible for installation.

(f) Credit for Previous Actions

    If you performed the actions of paragraphs (e)(1) and (e)(2) of
this AD before the effective date of this AD using GE Aviation Czech
s.r.o. ASB No. M601E-11/28, M601E-11A/15, M601F/26, Revision 1,
dated December 23, 2014, or Initial Issue, dated June 27, 2014, you
have met the requirements of this AD.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
for this AD. Use the procedures found in 14 CFR 39.19 to make your
request. You may email your request to<EMAIL_ADDRESS>
(h) Related Information

    (1) For more information about this AD, contact Philip Haberlen,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency AD 2015-0014,
dated January 30, 2015, for more information. You may examine the
MCAI in the AD docket on the Internet at http://www.regulations.gov
by searching for and locating it in Docket No. FAA-2015-0482.
    (3) GE Aviation Czech s.r.o. ASB No. M601E-11/28, M601E-11A/15,
M601F/26, Revision 2, dated January 23, 2015, is co-published as one
document with M601D/44, M601D-1/29, M601D-11NZ/18, M601E/59, and
M601E-21/26, which are not incorporated by reference in this AD, can
be obtained from GE Aviation Czech s.r.o., using the contact
information in paragraph (h)(4) of this proposed AD.
    (4) For service information identified in this proposed AD,
contact GE Aviation Czech s.r.o., Beranov[yacute]ch 65, 199 02 Praha
9--Let[ncaron]any, Czech Republic; phone: +420 222 538 111; fax:
+420 222 538 222.
    (5) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on March 27, 2015.
Thomas A. Boudreau,
Acting Directorate Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2015-07865 Filed 4-9-15; 8:45 am]
BILLING CODE 4910-13-P


ERG, 2004b  -  ERG personal communication. "In 2004, the plant industrial hygienist reported that all machines had LEV and about 65 percent were also enclosed with either partial or full enclosures to control the escape of machining coolant (ERG, 2004b)".


[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Rules and Regulations]
[Pages 48381-48383]
[FR Doc No: 2023-15810]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2022-0656; FRL-10083-02-R3]

Air Plan Approval; West Virginia; 2022 Amendments to West
Virginia's Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of West
Virginia. The revision updates West Virginia's incorporation by
reference (IBR) of EPA's national ambient air quality standards (NAAQS)
and the associated monitoring reference and equivalent methods. EPA is
approving these revisions to the West Virginia SIP in accordance with
the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on August 28, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2022-0656. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Om P. Devkota, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, Four Penn Center, 1600
John F. Kennedy Boulevard, Philadelphia, Pennsylvania 19103. The
telephone number is<PHONE_NUMBER>. Mr. Devkota can also be reached via
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On May 8, 2023 (88 FR 29616), EPA published a notice of proposed
rulemaking (NPRM) for the State of West Virginia. In the NPRM, EPA
proposed approval of a formal SIP

revision submitted on July 1, 2022. The formal SIP revision updates
West Virginia's IBR of the NAAQS promulgated by EPA and found at 40
Code of Federal Regulations (CFR) part 50 and ambient air monitoring
reference methods and equivalent methods promulgated by EPA found at 40
CFR part 53 into West Virginia's legislative rules.

II. Summary of SIP Revision and EPA Analysis

    West Virginia Department of Environmental Protection (WVDEP) has
historically chosen to incorporate by reference the NAAQS, found at 40
CFR part 50, and the associated Federal ambient air monitoring
reference methods and equivalent methods for these NAAQS found at 40
CFR part 53. When incorporating by reference these Federal regulations,
WVDEP has specified that it is incorporating by reference these
regulations as they existed on a certain date. The IBR of the NAAQS
that is currently approved in the West Virginia SIP incorporates by
reference 40 CFR parts 50 and 53 as they existed on June 1, 2020. West
Virginia's July 1, 2022 SIP revision updates the State's IBR of the
primary and secondary NAAQS and the ambient air monitoring reference
and equivalent methods, found in 40 CFR parts 50 and 53, respectively,
as of June 1, 2021.
    Since the last West Virginia IBR of June 1, 2020, EPA: (1) updated
method 201A of Appendix M of Part 51; (2) completed the review of the
NAAQS for particulate matter; (3) completed the review of the NAAQS for
ozone; and (4) designated one new reference method for measuring
concentrations of sulfur dioxide and one new equivalent method for
measuring concentrations of particulate matter (PM10) in
ambient air. See 85 FR 63394 (October 7, 2020--corrected in 86 FR 9470
(February 16, 2021)), 85 FR 82684 (December 18, 2020), 85 FR 87256
(December 31, 2020), and 86 FR 12682 (March 4, 2021).
    The amendments to the legislative rule include changes to sections
45-8-1 (General) and 45-8-3 (Adoption of Standards). The amendments
alphabetize the criteria pollutants list in the scope (1.1), update the
filing and effective dates (1.3, 1.4) and update West Virginia's IBR of
the primary and secondary NAAQS and the ambient air monitoring
reference and equivalent methods from June 1, 2020, to June 1, 2021
(1.6, 3.1, 3.2). West Virginia is incorporating the Federal rules in 40
CFR parts 50 and 53 as they existed on June 1, 2021, into sections 45-
8-1 and 45-8-3.

III. EPA's Response to Comments Received

    EPA received one comment in response to the NPRM, which is
available in the docket for this action. The comment was outside of the
scope of this rulemaking. As such, the comment does not require a
response by EPA.

IV. Final Action

    EPA is approving the West Virginia SIP revision of July 1, 2022,
updating the IBR of EPA's NAAQS and associated ambient air monitoring
reference methods and equivalent methods.

V. Incorporation by Reference

    In this document, 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 45CSR8, as
effective April 1, 2022, as discussed in section II. EPA has made, and
will continue to make, these materials generally available through
www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     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 CAA; and
    In addition, the SIP is 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, this rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and

commercial operations or programs and policies.''
    The WVDEP did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this 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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 25, 2023. 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. This action, approving the West Virginia SIP revision updating
its incorporation by reference of EPA's NAAQS and associated ambient
air monitoring reference methods and equivalent methods, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

Adam Ortiz,
Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (c) entitled ``EPA-Approved
Regulations in the West Virginia SIP'' is amended by revising the
entries for ``Section 45-8-1'', ``Section 45-8-2'', ``Section 45-8-3'',
and ``Section 45-8-4'' under the heading ``[45 CSR] Series 8 Ambient
Air Quality Standards'' to read as follows:

Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
State citation [chapter 16-                           State                            Additional explanation/
       20 or 45 CSR]            Title/subject    effective date  EPA approval date   citation at 40 CFR 52.2565
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 [45 CSR] Series 8 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 45-8-1.............  General...........          4/1/22  7/27/23 [INSERT    Docket #2022-0656.
                                                                  FEDERAL REGISTER
                                                                  CITATION].
Section 45-8-2.............  Definitions.......          4/1/22  7/27/23 [INSERT    Docket #2022-0656.
                                                                  FEDERAL REGISTER
                                                                  CITATION].
Section 45-8-3.............  Adoption of                 4/1/22  7/27/23, [INSERT   Docket #2022-0656.
                              Standards.                          FEDERAL REGISTER
                                                                  CITATION].
Section 45-8-4.............  Inconsistency               4/1/22  7/27/23, [INSERT   Docket #2022-0656.
                              Between Rules.                      FEDERAL REGISTER
                                                                  CITATION].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2023-15810 Filed 7-26-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Notices]
[Pages 37039-37040]
[FR Doc No: 2015-15867]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No FMCSA-2013-0298]

National Implementation of the New Entrant Safety Assurance
Program's Off-Site Safety Audit Procedures

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice.

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SUMMARY: FMCSA announces the completion of its New Entrant Safety
Assurance Program Operational Test (Operational Test) and the beginning
of the national implementation of the Off-site Safety Audit Procedures.
The Off-site Safety Audit Procedures allow FMCSA, and its Motor Carrier
Safety Assurance Program State partners (State Partners), to complete
an off-site audit of an eligible new entrant motor carrier whereby the
new entrant motor carrier can demonstrate basic safety management
controls by submitting compliance documentation to a safety auditor via
electronic mail (email), fax, or U.S. mail rather than being subject to
an on-site safety audit. FMCSA, working with its respective State
partners, conducted an 18-month Operational Test of the Off-Site Safety
Audit Procedures on new entrant motor carriers domiciled in the
following six States: Alaska, California, Florida, Illinois, Montana,
and New York; and the Canadian Provinces contiguous to Montana and New
York. The Operational Test began July 15, 2013, and concluded on
December 31, 2014. FMCSA will phase-in the implementation of the Off-
site Safety Audit Procedures on new entrant motor carriers in other
states beginning in the summer of 2015 and continuing over the course
of 36 months.

DATES: National implementation of the Off-site Safety Audit Procedures
will begin in the summer of 2015 and continue over the next 36 months.

FOR FURTHER INFORMATION CONTACT: Mr. Joseph Bennett, Federal Motor
Carrier Safety Administration, Compliance Division, 1200 New Jersey
Avenue SE., Washington, DC 20590, Telephone<PHONE_NUMBER>, EMAIL:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Prior to October 1, 2013, 49 CFR part 385 subpart D required a
safety audit within 18 months after a new entrant motor carrier began
operations to determine if the carrier was exercising basic safety
management controls. FMCSA and its State Partners conducted all new
entrant safety audits at the motor carrier's principle place of
business, which was time and labor intensive. The timeframe for
conducting these safety audits was further limited by Section 32102 of
the Moving Ahead for Progress in the 21st Century (MAP-21) [Pub. L.
112-141, 126 Stat. 405 (July 6, 2012)], which required FMCSA to
complete safety audits within 12 months for property carriers and
within 120 days for motorcoach passenger carriers. MAP 21's tightened
deadlines, coupled with an increase in new entrant applicants, prompted
FMCSA to develop a more efficient mechanism for conducting safety
audits.
    On September 4, 2013, FMCSA published a notice in the Federal
Register announcing the Operational Test (78 FR 54510). The Operational
Test, which began in July 2013, allowed certain eligible new entrant
motor carriers to submit compliance documentation to safety auditors
either electronically, via email, or via fax. A safety auditor would
then conduct the safety audit remotely, assessing the new entrant's
safety performance and determining if it has adequate safety management
practices pursuant to 49 CFR part 385, subpart D. New entrant carriers
subject to off-site safety audits had the same regulatory requirements
and privileges under 49 CFR part 385 subpart D as those carriers
subject to on-site safety audits. New entrant motor carriers that
transport either hazardous material or passengers were not eligible for
an off-site safety audit. New entrant motor carriers with a known
safety issue (i.e., received an expedited action notice pursuant to 49
CFR 385.308 or had Behavior Analysis and Safety Improvement Categories
(BASICs) scores above the Safety Measurement System thresholds) were
also not eligible for an off-site safety audit.
    On September 9, 2014, FMCSA announced changes to the Operational
Test (79 FR 53511). First, the Agency updated the IT systems so that
when an automatic failure violation (as listed in 49 CFR 385.321) is
identified by the Agency based on the records the motor carrier
provides during the document submission process, the carrier will
automatically fail the new entrant safety audit and be placed into the
corrective action process. Second, the Agency extended the Operational
Test through December 2014 to ensure sufficient data is available to
calculate the established metrics in order to make an informed decision
on any future actions.
    FMCSA monitored and evaluated the effectiveness, efficiency,
innovation, and flexibility of the Operational Test procedures in
contrast to the current New Entrant Safety Assurance Program during and
after the test using several performance metrics. Additional
information about the Operational Test is available at
www.regulations.gov under Docket No. FMCSA-2013-0298.
    Upon conclusion of the 18-month Operational Test, FMCSA determined
that the data supported the effectiveness of the off-site procedures in
determining the safety fitness of eligible new entrant carriers. The
off-site procedures further allowed FMCSA to better meet the obligation
of conducting safety audits on all new entrant carriers within the MAP-
21 timeframes. As a result, FMCSA is moving forward with the nationwide
implementation of the Off-Site Safety Audit Procedures.
    Results from the 18-month Operational Test showed that:
     60 percent of new entrant carriers were eligible for, and
received, off-site safety audits;
     The number of safety audits completed within the test
states increased by 4 percent;
     Off-site safety audits take 33 percent less time to
conduct than on-site safety audits;
     Off-site safety audits saved 58 percent on travel costs;
     Carriers identified for the less resource-intensive off-
site safety audit were performing well during subsequent roadside
inspections; and,
     Post-safety audit carriers receiving off-site safety
audits, on average, have equivalent or fewer 49 CFR 385.308 expedited
actions and violation rates than carriers receiving an on-site safety
audit.
    Based on the success of the Operational Test, FMCSA will begin
national implementation of the Off-site Safety Audit Procedures for
eligible new entrant motor carriers under the New Entrant Safety
Assurance Program. Starting in the summer of 2015, FMCSA will phase in
use of the off-site procedures as additional State Partners are able to
be trained on the process, policy, and information technology system
used in conducting an off-site safety audit. In the first phase, FMCSA
will implement use of off-site new entrant safety audits in the
following 11 States: Georgia, Maine, Michigan, Minnesota, North
Carolina, North Dakota, Oregon, South Carolina, South Dakota, Vermont,
Wyoming, and Washington, DC.
    Over the course of the next 36 months, FMCSA will continue to
expand the program to FMCSA State Partners, and new entrant motor
carriers domiciled in other states. FMCSA will provide a schedule on
its public Web site at http://www.fmcsa.dot.gov/safety/new-entrant-safety-assurance-program for the additional States implementing the
Off-site Safety Audit Procedures. FMCSA anticipates completion of the
nationwide expansion of the Off-Site Safety Audit Procedures by the
summer of 2018. As the program expands eligible new entrant applicants
will receive a written or verbal notice from FMCSA of their eligibility
for the off-site safety audit with instructions on the Off-Site Safety
Audit Procedures.

    Issued on: June 22, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-15867 Filed 6-26-15; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Notices]
[Pages 75602-75604]
[FR Doc No: 2014-29620]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73833; File No. SR-C2-2014-027]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend Exchange Rules Regarding Trade Nullification and Price
Adjustment

December 12, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 11, 2014, C2 Options Exchange, Incorporated (the
``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend its rules related to trade
nullification and price adjustment. The text of the proposed rule
change is provided below.
    (additions are italicized; deletions are [bracketed])
* * * * *

C2 Options Exchange, Incorporated Rules

* * * * *

Rule 6.20. Trade Nullification and Price Adjustment Procedure

    A trade on the Exchange may be nullified or adjusted if the parties
to the trade agree to the nullification or adjustment. A trade may be
nullified or adjusted on the terms that all parties to a particular
transaction agree, provided, however, that any trade that is nullified
or adjusted pursuant to this Rule must

be authorized by the Exchange prior to the nullification or adjustment.
    In addition, any trade that is adjusted pursuant to this Rule must
be adjusted to a price that was permissible and in compliance with all
Exchange and Securities and Exchange Commission Rules, as amended, at
the time the original transaction was executed. The format and
information required by the Exchange for this submission will be
released by the Exchange via Regulatory Circular.
* * * * *
    The text of the proposed rule change is also available on the
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to add Rule 6.20, ``Trade Nullification
and Price Adjustment Procedure.'' \3\ As proposed, Rule 6.20 will allow
for transactions to be nullified if both parties to the transaction
agree to the nullification and allow the price of executions to be
adjusted if the price adjustment is agreed to by both parties to the
transaction and authorized by the Exchange.\4\
---------------------------------------------------------------------------

    \3\ The Exchange notes that this proposal is only intended to be
effective until the joint efforts by the exchanges to create uniform
trade nullification and adjustment rules are approved and in effect.
Once the uniform rule has been approved and is effective, the
Exchange will amend its rules appropriately.
    \4\ The Exchange notes that, as proposed, Rule 6.20 will only
apply to trades that were executed on the Exchange and, as such, any
orders that were either fully or partially routed to, or executed,
on another Exchange will not be subject to the proposed Rule 6.20.
---------------------------------------------------------------------------

    Currently, Exchange Rules do not allow parties to nullify or adjust
the price on an execution, unless there is an obvious error or
catastrophic error pursuant to Rule 6.15. The Exchange is proposing to
add Rule 6.20, ``Trade Nullification and Price Adjustment Procedure,''
which would: (a) Allow for any trades on the Exchange to be nullified
if both parties to the trade agree to such nullification, and (b) allow
for prices of executions to be adjusted if the price adjustment is
agreed upon by both parties of the trade and authorized by the
Exchange.
    As stated above, the Exchange currently allows for trades to be
nullified or prices adjusted when there is an obvious error or
catastrophic error.\5\ The Exchange is also proposing, however, to add
a provision to allow TPHs to mutually agree to nullify a transaction or
adjust a price of an execution. The Exchange believes allowing parties
to adjust the price of a transaction is necessary given the benefits of
adjusting a trade price rather than nullifying the trade completely.
Because options trades are used to hedge transactions in other markets,
including securities and futures, many TPHs, and their customers, would
rather adjust prices of executions rather than nullify the transactions
and, thus, lose a hedge altogether. As such, the Exchange believes it
is in the best interest of investors to allow for price adjustments as
well as nullifications. In addition, the Exchange believes it is in the
nature of a fair and orderly market to allow for price adjustments
rather than only cancellations because an adjustment will result in the
least amount of disruption to the overall market.
---------------------------------------------------------------------------

    \5\ See Exchange Rule 6.15.
---------------------------------------------------------------------------

    As proposed, Rule 6.20 expressly states that trades may be subject
to nullification or price adjustment only if such trades are authorized
by the Exchange. The Exchange notes that proposed Rule 6.20 is based on
Chicago Board Options Exchange, Inc. (``CBOE'') Rule 6.19 \6\ and that
the process that C2 TPHs follow to nullify or adjust the price of a
transaction pursuant to proposed rule 6.20 will be similar to how CBOE
TPHs nullify or adjust the price of a transaction pursuant to CBOE Rule
6.19. Additionally, as with CBOE Rule 6.19, proposed C2 Rule 6.20
requires Exchange authorization prior to the effectuation of such
nullification or price adjustment. As part of the authorization
process, in the case of a mutual nullification or mutual price
adjustment, the Exchange will only authorize if the Exchange received
verification from both parties to the trade that a mutual agreement has
been made. In addition, prior to an authorization for a mutual price
adjustment, the Exchange will ensure the agreed upon price would have
been permissible and in compliance with all Exchange and Securities and
Exchange Commission Rules, as amended, at the time the original
transaction was executed.\7\ Finally, the proposed rule will state that
the format and information required by the Exchange for this submission
will be released by the Exchange via Regulatory Circular. As such,
prior to Rule 6.20 becoming operative, the Exchange will provide TPHs
with specific requirements via an Exchange Regulatory Circular. The
circular will, among other things, state specific timeframes required
for requests and the format in which the requests will be accepted by
the Exchange.
---------------------------------------------------------------------------

    \6\ Securities Exchange Act Release No. 34-72970 (September 3,
2014), 79 FR 53498 (September 9, 2014) (SR-CBOE-2014-066).
    \7\ For example, the Exchange would ensure that the mutually
agreed upon price would not have traded through resting interest at
the time of the initial execution.
---------------------------------------------------------------------------

    To conclude, the Exchange believes that the proposed changes are in
furtherance of the Act because the proposed Rule 6.20 will allow TPHs
to agree to nullify transactions or adjust prices of transactions to
maintain a fair and orderly market. As stated above, the Exchange
intends to release a Regulatory Circular to announce the implementation
of the Rule and other specifics surrounding the procedures of the
implementation. In addition, prior to implementation, the Exchange will
ensure it has proper policies and procedures in place to correctly
administer the Rule.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\8\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \9\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and

open market and a national market system, and, in general, to protect
investors and the public interest. Additionally, the Exchange believes
the proposed rule change is consistent with the Section 6(b)(5) \10\
requirement that the rules of an exchange not be designed to permit
unfair discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ Id.
---------------------------------------------------------------------------

    More specifically, the Exchange believes that the proposed changes
are consistent with the Act as they are designed to promote just and
equitable principles of trade and protect investors and the public
interest. Because options trades are used to hedge transactions in
other markets, including securities and futures, many market
participants would rather adjust prices of executions rather than
nullify the transactions and, thus, lose a hedge altogether. As such,
the Exchange believes it is in the best interest of investors to allow
for price adjustments as well as nullifications. In addition, the
Exchange believes it is in the nature of a fair and orderly market to
allow for price adjustments rather than only cancellations because an
adjustment will result in the least amount of disruption to the overall
market. In addition, the Exchange does not believe that the proposed
changes are unfairly discriminatory because they will be applied to all
Trading Permit Holders equally. Finally, as noted above, proposed Rule
6.20 is based on CBOE Rule 6.19.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. In fact, the Exchange
believes that the proposed rule change will foster competition as it
will allow for less overall disruption to the market and encourage
participation on the Exchange.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not:
    A. Significantly affect the protection of investors or the public
interest;
    B. impose any significant burden on competition; and
    C. become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) of the Act \11\ and
Rule 19b-4(f)(6) \12\ thereunder. At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission will institute proceedings to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-C2-2014-027 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-C2-2014-027. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-C2-2014-027, and should be
submitted on or before January 8, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-29620 Filed 12-17-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Notices]
[Page 71051]
[FR Doc No: 2023-22505]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98691; File No. SR-EMERALD-2023-19]

Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of
Withdrawal of Proposed Rule Change To Amend the Fee Schedule To Modify
Certain Connectivity Fees and Ports Fees

October 5, 2023.
    On August 8, 2023, MIAX Emerald, LLC (``MIAX Emerald'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend certain connectivity and port fees.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The proposed rule change was immediately effective upon filing with
the Commission pursuant to section 19(b)(3)(A) of the Act.\3\ The
proposed rule change was published for comment in the Federal Register
on August 25, 2023.\4\ On September 29, 2023, pursuant to section
19(b)(3)(C) of the Act,\5\ the Commission: (1) temporarily suspended
the proposed rule change; and (2) instituted proceedings under Section
19(b)(2)(B) of the Act \6\ to determine whether to approve or
disapprove the proposed rule change.\7\ On October 2, 2023, the
Exchange withdrew the proposed rule change (SR-EMERALD-2023-19).
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78s(b)(3)(A). A proposed rule change may take
effect upon filing with the Commission if it is designated by the
exchange as ``establishing or changing a due, fee, or other charge
imposed by the self-regulatory organization on any person, whether
or not the person is a member of the self-regulatory organization.''
15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ See Securities Exchange Act Release No. 98176 (August 21,
2023), 88 FR 58342.
    \5\ 15 U.S.C. 78s(b)(3)(C).
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 98656, 88 FR 68680
(October 4, 2023).
    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-22505 Filed 10-12-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 29, 2008 (Volume 73, Number 146)]
[Notices]
[Page 43931]
[DOCID:fr29jy08-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. OR96-2-012; Docket Nos. OR96-10-008; Docket Nos. OR96-17-
005; Docket No. IS98-1-000]

Texaco Refining and Marketing Inc. v. SFPP, L.P.; ARCO Products
Company, Mobil Oil Corporation v. SFPP, L.P.; Ultramar Inc. v. SFPP,
L.P.; SFPP, L.P.; Notice of Suspension of Procedural Schedule

July 22, 2008.
    On July 17, 2008, all parties in the above-captioned proceeding
filed pursuant to Rule 212 of the Commissions Rules of Practice and
Procedure, a Joint Motion to Suspend Paper Hearing Procedural Schedule
and Request for Expedited Action. That filing advised the Commission
that a limited settlement had been reached on the return on equity
issues in the above-captioned proceeding. The parties also stated that
therefore there was no further need to proceed with the hearing
schedule that had been established in the above-captioned proceeding
and requested that the hearing schedule be suspended. Notice is hereby
given that the hearing schedule established in Docket No. OR96-2-012,
et al., is suspended until further action by the Commission.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-17283 Filed 7-28-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: June 28, 2010 (Volume 75, Number 123)]
[Notices]
[Page 36654-36656]
[DOCID:fr28jn10-59]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9168-9]

Proposed Settlement Agreement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Settlement Agreement; request for public
comment.

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

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended

(``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed
settlement agreement to address lawsuits filed by Navistar, Inc.
(Navistar) in the United States Court of Appeals for the District of
Columbia Circuit: Navistar v. EPA, Nos. 09-1113, 09-1114 and 09-1317
(DC Cir.). Navistar filed petitions for review of the following: (1) An
EPA rule published January 18, 2001 promulgating standards for new
heavy duty motor vehicles and engines; (2) a letter, dated February 18,
2009, sent by the Director of the Compliance and Innovative Strategies
Division, Office of Transportation and Air Quality, providing guidance
to manufacturers of heavy-duty diesel engines; and (3) an agency
notice, published November 9, 2009, approving new scheduled maintenance
for new motor vehicles and engines using selective catalytic
technologies. Under the terms of the proposed settlement agreement,
Navistar agrees to dismiss these petitions with prejudice, to withdraw
related Freedom if Information Act requests, and to be precluded from
challenging certain other related actions. EPA agrees to engage in a
public process within a specific time frame to reexamine its policies,
for future model year 2011 and later heavy duty diesel engines, for
operation of SCR-equipped engines without DEF, with improper DEF, or
when tampering (or some other defect in the SCR system) is detected.
The public process shall take the form of a workshop, hearing, or other
public process.

DATES: Written comments on the proposed settlement agreement must be
received by July 28, 2010.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-0507, online at http://www.regulations.gov (EPA's preferred
method); by e-mail to<EMAIL_ADDRESS>by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Michael Horowitz, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    This proposed settlement agreement would potentially resolve
petitions for judicial review filed by Navistar for review of the
following: (1) An EPA rule published January 18, 2001 promulgating
standards for new heavy duty motor vehicles and engines; (2) a letter,
dated February 18, 2009, sent by the Director of the Compliance and
Innovative Strategies Division, Office of Transportation and Air
Quality, providing guidance to manufacturers of heavy-duty diesel
engines; and (3) an agency notice, published November 9, 2009,
approving new scheduled maintenance for new motor vehicles and engines
using selective catalytic technologies. Under the terms of the proposed
settlement agreement, Navistar agrees to dismiss these petitions with
prejudice and to withdraw related Freedom of Information Act requests.
Navistar also agrees that it would be precluded from filing any of the
following petitions for review: (1) Petitions challenging directly or
indirectly individual certificates of conformity issued for a model
year prior to the 2012 model year (excluding action exercising its
rights regarding certifications of its own engines in any model year);
and (2) petitions challenging a letter dated December 30, 2009 from the
Director of the Compliance and Innovative Strategies Division, Office
of Transportation and Air Quality, providing revised guidance for
certification of heavy-duty diesel engines using SCR technologies
(``December 2009 Guidance''). However, Navistar reserves its right to
exercise its rights regarding any changes or modifications to that
guidance issued after the public process selected by EPA and retains
all other rights and remedies to challenge EPA's final action that
occurs following the public process selected by EPA.
    Under the terms of the proposed settlement agreement, EPA agrees to
engage in a public process to reexamine its policies, for future model
year 2011 and later heavy duty diesel engines, for operation of SCR-
equipped engines without DEF, with improper DEF, or when tampering (or
some other defect in the SCR system) is detected. The public process
will take the form of a workshop, hearing, or other public process. EPA
will issue a public notice of the public process to be published in the
Federal Register not later than June 30, 2010 or twenty-eight days
after the date this Agreement becomes final, whichever is later. EPA
will include in the public notice statements that: (a) The public
process is designed to provide a thorough review of EPA's policies
regarding operation of SCR-equipped heavy duty diesel engines without
DEF, with improper DEF, or when tampering (or some other defect in the
SCR system) is detected for future 2011 and later model year engines,
in order to ensure, among other things, that SCR-equipped engines are
designed to properly control emissions as required under applicable
regulations; (b) it is appropriate for EPA to review and reexamine its
policies as technologies are introduced into the marketplace; (c) EPA
intends to review any information that has become available to
determine whether its policies regarding SCR-equipped engines should be
revised; and (d) the scope of the review includes the December 2009
Guidance.
    EPA will conduct the selected public process not later than sixty
days after the publication of the public notice in the Federal
Register.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed settlement agreement from persons who were not named as
parties or intervenors to the litigation in question. EPA or the
Department of Justice may withdraw or withhold consent to the proposed
settlement agreement if the comments disclose facts or considerations
that indicate that such consent is inappropriate, improper, inadequate,
or inconsistent with the requirements of the Act. Unless EPA or the
Department of Justice determines, based on any comment submitted, that
consent to this settlement agreement should be withdrawn, the terms of
the agreement will be affirmed.

II. Additional Information About Commenting on the Proposed Settlement
Agreement

A. How can I get a copy of the settlement agreement?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2010-0507) contains a copy of the proposed settlement
agreement. The official public docket is available for public viewing
at the Office of Environmental Information (OEI) Docket in the EPA
Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington,

DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
http://www.regulations.gov. You may use the http://www.regulations.gov
to submit or view public comments, access the index listing of the
contents of the official public docket, and to access those documents
in the public docket that are available electronically. Once in the
system, select ``search,'' then key in the appropriate docket
identification number.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at http://www.regulations.gov without change,
unless the comment contains copyrighted material, CBI, or other
information whose disclosure is restricted by statute. Information
claimed as CBI and other information whose disclosure is restricted by
statute is not included in the official public docket or in the
electronic public docket. EPA's policy is that copyrighted material,
including copyrighted material contained in a public comment, will not
be placed in EPA's electronic public docket but will be available only
in printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and to whom do i submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an e-mail address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
    Use of the http://www.regulations.gov Web site to submit comments
to EPA electronically is EPA's preferred method for receiving comments.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(e-mail) system is not an ``anonymous access'' system. If you send an
e-mail comment directly to the Docket without going through http://
www.regulations.gov, your e-mail address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: June 21, 2010.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2010-15645 Filed 6-25-10; 8:45 am]
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[Federal Register Volume 85, Number 199 (Wednesday, October 14, 2020)]
[Rules and Regulations]
[Pages 64963-64966]
[FR Doc No: 2020-22625]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0197; Product Identifier 2019-NM-200-AD; Amendment
39-21278; AD 2020-21-05]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-25-
16, which applied to all Airbus SAS Model A330-200 Freighter, A330-200,
A330-300, A340-200, A340-300, A340-500, and A340-600 series airplanes.
AD 2017-25-16 required repetitive inspections of certain fuel pumps for
cavitation erosion, corrective action if necessary, and revision of the
minimum equipment list (MEL). This AD continues to require those
actions, and also requires expanding the inspection area, adding
certain maintenance actions, and expanding the applicability, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. This AD was prompted by reports of a fuel
pump showing cavitation erosion that exposed the fuel pump power supply
wires, and by new findings that suggest the need to expand the
inspection area and the applicability. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective November 18, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 18,
2020.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0197.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0197; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is 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: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0291R1, dated March 4, 2020
(``EASA AD 2019-0291R1'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A330-200 Freighter, A330-200, A330-
300, A330-900, A340-200, and A340-300 series airplanes; and Model A340-
541, -542, -642, and -643 airplanes. EASA AD 2019-0291R1 supersedes
EASA AD 2017-0224, dated November 10, 2017 (which corresponds to FAA AD
2017-25-16, Amendment 39-19130 (82 FR 58718, December 14, 2017) (``AD
2017-25-16'')). Model A340-542 and -643 airplanes are not certified by
the FAA and are not included on the U.S. type certificate data sheet;
this AD therefore does not include those airplanes in the
applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2017-25-16. AD 2017-25-16 applied to all
Airbus Model A330-200, A330-200 Freighter, and A330-300 series
airplanes; and Airbus Model A340-200, A340-300, A340-500, and A340-600
series airplanes. The NPRM published in the Federal Register on March
9, 2020 (85 FR 13578). The NPRM was prompted by reports of a fuel pump
showing cavitation erosion that exposed the fuel pump power supply
wires, and by new findings that suggest the need to expand

the inspection area and the applicability. The NPRM proposed to
continue to require repetitive inspections of certain fuel pumps for
cavitation erosion, corrective action if necessary, and revision of the
MEL, as specified in an EASA AD. The NPRM also proposed to require
expanding the inspection area, adding certain maintenance actions, and
expanding the applicability, as specified in an EASA AD.
    The FAA is issuing this AD to address fuel pump erosion caused by
cavitation. If this condition is not addressed, a pump running dry
could result in a fuel tank explosion and consequent loss of the
airplane. See the MCAI for additional background information.

Comments

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

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) expressed
support for the proposed AD.

Request To Require Revised EASA AD

    Delta Air Lines (DAL) requested that the FAA revise paragraph (g)
of the proposed AD to require compliance with EASA AD 2019-0291R1,
dated March 4, 2020, rather than EASA AD 2019-0291, dated November 29,
2019. DAL observed that while the NPRM was being prepared, EASA
published the revised AD.
    The FAA agrees with the commenter's request. Since the NPRM was
issued, EASA issued EASA AD 2019-0291R1, which corrects and clarifies
some aspects, particularly repair (not overhaul) of affected parts
using the instructions of Eaton Aerospace CMM 28-21-55 (housing
replaced). The FAA has determined that no additional work is required
for airplanes that have accomplished the actions specified in EASA AD
2019-0291. Therefore, the FAA has revised this final rule to specify
EASA AD 2019-0291R1.

Conclusion

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

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0291R1 describes procedures for repetitive inspections
of all affected parts, replacement if necessary, updating the
applicable Master Minimum Equipment List (MMEL), and certain
maintenance actions related to defueling and ground fuel transfer
operations This material 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.

Interim Action

    The FAA considers this AD interim action. The manufacturer is
currently developing a modification that will address the unsafe
condition identified in this AD. Once this modification is developed,
approved, and available, the FAA might consider additional rulemaking.

Costs of Compliance

    The FAA estimates that this AD affects 107 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
             Action                  Labor cost       Parts cost     Cost per product    Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2017-   Up to 4 work-                  $0  Up to $340.......  Up to $36,380.
 25-16.                           hours x $85 per
                                  hour = Up to
                                  $340.
New actions....................  Up to 68 work-                  0  Up to $5,780.....  Up to $618,460.
                                  hours x $85 per
                                  hour = Up to
                                  $5,780.
MEL revision...................  1 workhour x $85                0  $85..............  $9,095.
                                  = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
          Labor cost              Parts cost         Cost per product
------------------------------------------------------------------------
Up to 126 work-hours x $85     Up to $173,680..  Up to $184,390.
 per hour = Up to $10,710.
------------------------------------------------------------------------

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.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

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:
0
a. Removing Airworthiness Directive (AD) 2017-25-16, Amendment 39-19130
(82 FR 58718, December 14, 2017); and
0
b. Adding the following new AD:

2020-21-05 Airbus SAS: Amendment 39-21278; Docket No. FAA-2020-0197;
Product Identifier 2019-NM-200-AD.

(a) Effective Date

    This AD is effective November 18, 2020.

(b) Affected ADs

    This AD replaces AD 2017-25-16, Amendment 39-19130 (82 FR 58718,
December 14, 2017) (``AD 2017-25-16'').

(c) Applicability

    This AD applies to all Airbus SAS airplanes, certificated in any
category, as identified in paragraphs (c)(1) through (8) of this AD.
    (1) Model A330-223F and -243F airplanes.
    (2) Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) Model A330-941 airplanes.
    (4) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
    (5) Model A340-211, -212, and -213 airplanes.
    (6) Model A340-311, -312, and -313 airplanes.
    (7) Model A340-541 airplanes.
    (8) Model A340-642 airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of a fuel pump showing
cavitation erosion that exposed the fuel pump power supply wires,
and by new findings that suggest the need to expand the inspection
area and the applicability. The FAA is issuing this AD to address
fuel pump erosion caused by cavitation. If this condition is not
addressed, a pump running dry could result in a fuel tank explosion
and consequent loss of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2019-0291R1, dated March 4, 2020 (``EASA AD 2019-0291R1'').

(h) Exceptions to EASA AD 2019-0291R1

    (1) Where EASA AD 2019-0291R1 refers to ``the effective date of
the original issue of this AD,'' this AD requires using the
effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0291R1 does not
apply to this AD.
    (3) Where EASA AD 2019-0291R1 refers to the master minimum
equipment list (MMEL), this AD refers to the operator's minimum
equipment list (MEL).
    (4) Where paragraph (1) of EASA AD 2019-0291R1 specifies a
compliance time of ``Before an affected part exceeds 10,000 flight
hours (FH) since first installation on an aeroplane, or since Eaton
Aerospace CMM 28-21-55 repair (housing replaced),'' for this AD the
compliance time is ``Before an affected pump exceeds 10,000 flight
hours since first installation on an airplane, or the applicable
time specified in paragraph (h)(4)(i) or (ii) of this AD, whichever
occurs later.''
    (i) For a center tank, rear center tank, or aft transfer fuel
pump: Within 30 days after December 29, 2017 (the effective date of
AD 2017-25-16).
    (ii) For a stand-by fuel pump: Within 40 days after December 29,
2017 (the effective date of AD 2017-25-16).
    (5) Where EASA AD 2019-0291R1 refers to the ``effective date of
EASA AD 2017-0224,'' this AD requires using ``December 29, 2017 (the
effective date of AD 2017-25-16).''
    (6) Where EASA AD 2019-0291R1 specifies a compliance time of
``after 13 December 2019 [the effective date of the original issue
of this AD],'' this AD requires using the effective date of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (j) of this AD. Information may be emailed to<EMAIL_ADDRESS>    (i) 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.
    (ii) AMOCs approved previously for AD 2017-25-16 are approved as
AMOCs for the corresponding provisions of EASA AD 2019-0291R1 that
is required by paragraph (g) of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2019-0291R1 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(j) Related Information

    For more information about this AD, contact Vladimir Ulyanov,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(k) 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.
    (3) The following service information was approved for IBR on
November 18, 2020.

    (i) European Union Aviation Safety Agency (EASA) AD 2019-0291R1,
dated March 4, 2020.
    (ii) [Reserved]
    (4) For EASA AD 2019-0291R1, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>Internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (5) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0197.
    (6) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 1, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-22625 Filed 10-13-20; 8:45 am]
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