[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)]
[Proposed Rules]
[Pages 81788-81792]
[FR Doc No: 2015-32852]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-8130; Directorate Identifier 2014-NM-175-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

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 The Boeing Company Model 777-200 and -300 series airplanes
equipped with Pratt and Whitney engines. This proposed AD was prompted
by reports of blocked drain lines at the engine forward strut that
caused flammable fluid to accumulate in a flammable leakage zone. This
proposed AD would require doing the following actions on the left strut
and right strut: A one-time cleaning of certain forward strut drain
lines; installing new forward strut drain lines and insulation
blankets; a leak check of the forward strut drain lines; and repair if
any leak is found. This proposed AD would also require revising the
maintenance or inspection program, as applicable, to incorporate a
certain airworthiness limitation. We are proposing this AD to prevent
blockage of forward strut drain lines, which could cause flammable
fluids to collect in the forward strut area and potentially cause an
uncontrolled fire or cause failure of engine attachment structure and
consequent airplane loss.

DATES: We must receive comments on this proposed AD by February 16,
2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707,

MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>, extension 1;
fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view
this referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2015-8130.

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-
8130; 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 (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kevin Nguyen, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6501; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2015-8130;
Directorate Identifier 2014-NM-175-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

    We received multiple reports of the forward drain lines of the
engine struts being blocked with coked particles. Coked particles form
when hydraulic fluid is exposed to, and degraded by, the high
temperatures of the hot core zone of the engine and the hot pneumatic
bleed ducts. In two events, fluids backed up into the electrical (left)
side of the disconnect box assembly of the strut system, causing an
electrical fault that resulted in a false engine indicating and crew-
alerting system (EICAS) message for overheat detection. Flammable
fluids collecting in the electrical side of the disconnect box assembly
of the strut system can cause an electrical fault for electrical
components, and create a potential ignition source for trapped
flammable fluids that can lead to a fire.
    In three other events, flammable fluids backed up and pooled in the
fluid (right) side of the disconnect box assembly of the strut system.
Flammable fluids collecting in the disconnect box assembly of the strut
system are a fire hazard because that area has no fire detection,
containment, or extinguishing capability, and with an ignition source
can result in an uncontrolled fire in the strut. Also, flammable fluids
pooling in the disconnect box assembly of the strut system can spill
over onto the engine and initiate an engine fire in the engine core
cavity compartment.
    Hydraulic fluid collecting in the disconnect box assembly of the
strut system can cause contamination and hydrogen embrittlement of the
titanium structure resulting in cracks that can compromise the engine
firewall by allowing a fire in the engine area to enter the strut; or
by allowing flammable fluids to leak down and initiate an engine fire
in the engine core cavity compartment, and also compromise the engine
fire extinguishing system. Hydraulic fluid contamination, including
contamination caused by hydraulic fluid in its liquid, vapor, and/or
solid (i.e., coked) form, in the strut forward dry bay can lead to
hydrogen embrittlement of the titanium fittings of the forward engine
mount bulkhead and also the consequent inability of the fittings to
carry engine loads, resulting in the loss or separation of an engine.
Hydrogen embrittlement could also cause a through-crack formation
across the fittings through which an engine fire could breach into the
strut, resulting in an uncontained strut fire. We are proposing this AD
to prevent blockage of forward strut drain lines, which could cause
flammable fluids to collect in the forward strut area and potentially
cause an uncontrolled fire or cause failure of engine attachment
structure and consequent airplane loss.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information:
     Boeing Special Attention Service Bulletin 777-71-0055,
Revision 1, dated April 15, 2015. The service information describes
procedures for installing new forward strut drain lines and insulation
blankets on the left and right engines.
     Boeing Special Attention Service Bulletin 777-54-0028,
Revision 1, dated December 10, 2013. This service information describes
procedures for a general visual inspection for hydraulic fluid
contamination of the interior of the strut forward dry bay and
corrective actions.
     Airworthiness Limitation 54-AWL-01, ``Forward Strut Drain
Line'' as specified in Section D.4, Pratt and Whitney Forward Strut
Drain Line, dated March 2014, of the Boeing 777 Maintenance Planning
Data (MPD) Document Section 9, Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), D622W001-9, dated
October 2014. This service information describes an airworthiness
limitation task for the functional check of the forward strut drain
line.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section of this
NPRM.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously. For information on the
procedures and compliance times specified in Boeing Special Attention
Service Bulletin 777-71-0055, Revision 1, dated April 15, 2015; and
Boeing Special Attention Service Bulletin 777-54-0028, Revision 1,
dated December 10, 2013: See this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
8130.
    The phrase ``corrective actions'' is used in this proposed AD.
``Corrective actions'' are actions that correct or address any
condition found. Corrective actions in an AD could include, for
example, repairs.

    This proposed AD would require revisions to certain operator
maintenance documents to include a new airworthiness limitation
containing repetitive functional checks of the forward engine strut
drain line. Compliance with these actions is required by 14 CFR
91.403(c). For airplanes that have been previously modified, altered,
or repaired in the areas addressed by this AD, the operator may not be
able to accomplish the actions 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 in accordance with the
procedures specified in 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.

Other Relevant Rulemaking

    On September 23, 2014, we issued AD 2014-20-10, Amendment 39-17983
(79 FR 60331, October 7, 2014), for certain The Boeing Company Model
777-200 and -300 series airplanes equipped with Pratt & Whitney
engines. AD 2014-20-10 currently requires repetitive general visual
inspections of the strut forward dry bay for the presence of hydraulic
fluid, and related investigative and corrective actions (including
checking drain lines for blockage due to hydraulic fluid coking;
cleaning or replacing drain lines to allow drainage) if necessary; and
adds airplanes to the applicability. AD 2014-20-10 was prompted by
reports of hydraulic fluid contamination (including contamination
caused by hydraulic fluid in its liquid, vapor, and/or solid (coked)
form) found in the strut forward dry bay.
    The actions required by AD 2014-20-10, Amendment 39-17983 (79 FR
60331, October 7, 2014), are intended to detect and correct hydraulic
fluid contamination of the strut forward dry bay, which could result in
hydrogen embrittlement of the titanium forward engine mount bulkhead
fittings, and consequent inability of the fittings to carry engine
loads and resulting in engine separation. Hydrogen embrittlement could
also cause a through-crack formation across the fittings through which
an engine fire could breach into the strut, resulting in an uncontained
strut fire.
    Accomplishment of the actions specified below terminates the
inspections required by paragraph (g) of AD 2014-20-10, Amendment 39-
17983 (79 FR 60331, October 7, 2014), at the modified area only;
provided the actions are accomplished concurrently, or the actions
specified below for Boeing Special Attention Service Bulletin 777-54-
0028, Revision 1, dated December 10, 2013, are done after accomplishing
the actions specified in paragraphs (g)(1) through (g)(5) of this
proposed AD.
     The actions specified in paragraphs (g)(1) through (g)(4)
of this proposed AD on the left and right struts, done in accordance
with the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 777-71-0055, Revision 1, dated April 15, 2015; and the
revision done as specified in paragraph (g)(5) of this proposed AD.
     A one-time general visual inspection for hydraulic fluid
contamination of the interior of the strut forward dry bay, and all
applicable related investigative and corrective actions, done in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 777-54-0028, Revision 1, dated December 10,
2013.
    On August 14, 2015, we issued AD 2015-17-13, Amendment 39-18246 (80
FR 52948, September 2, 2015) for certain The Boeing Company Model 777-
200 and -300 series airplanes equipped with Pratt and Whitney engines.
AD 2015-17-13 currently requires repetitive functional checks for
blockage of the forward strut drain line, and doing corrective actions
(including cleaning or replacing any blocked drain lines) if necessary;
and a one-time cleaning of certain forward strut drain lines. AD 2015-
17-13 also includes an optional terminating action, which specifies
accomplishing the actions in Boeing Special Attention Service Bulletin
777-71-0055, Revision 1, dated April 15, 2015 and incorporating
Airworthiness Limitation 54-AWL-01, ``Forward Strut Drain Line'' into
the maintenance or inspection program, as applicable. AD 2015-17-13 was
prompted by reports of blocked drain lines at the engine forward strut
that caused flammable fluid to accumulate in a flammable leakage zone.
The actions required by AD 2015-17-13 are intended to detect and
correct blockage of forward strut drain lines, which could cause
flammable fluids to collect in the forward strut area and potentially
cause an uncontrolled fire or cause failure of engine attachment
structure and consequent airplane loss.
    Accomplishment of the actions required by paragraph (g) of this
proposed AD (doing the actions specified Boeing Special Attention
Service Bulletin 777-71-0055, Revision 1, dated April 15, 2015; and
incorporating Airworthiness Limitation 54-AWL-01, ``Forward Strut Drain
Line'' as specified in Section D.4, Pratt and Whitney Forward Strut
Drain Line, dated March 2014, of the Boeing 777 Maintenance Planning
Data (MPD) Document Section 9, Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), D622W001-9, dated
October 2014, into the maintenance or inspection program, as
applicable) would terminate the actions required by paragraph (g) of AD
2015-17-13, Amendment 39-18246 (80 FR 52948, September 2, 2015), at the
modified area only.

Explanation of ``RC'' Steps in Service Information

    The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(ARC), to enhance the AD system. One enhancement was a new process for
annotating which steps in the service information are required for
compliance with an AD. Differentiating these steps from other tasks in
the service information is expected to improve an owner's/operator's
understanding of crucial AD requirements and help provide consistent
judgment in AD compliance. The steps identified as Required for
Compliance (RC) in any service information identified previously have a
direct effect on detecting, preventing, resolving, or eliminating an
identified unsafe condition.
    For service information that contains steps that are labeled as RC,
the following provisions apply: (1) The steps labeled as RC, including
substeps under an RC step and any figures identified in an RC step,
must be done to comply with the AD, and an AMOC is required for any
deviations to RC steps, including substeps and identified figures; and
(2) steps not labeled as RC may be deviated from using accepted methods
in accordance with the operator's maintenance or inspection program
without obtaining approval of an AMOC, provided the RC steps, including
substeps and identified figures, can still be done as specified, and
the airplane can be put back in an airworthy condition.

Costs of Compliance

    We estimate that this proposed AD affects 54 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Installing new drain lines and        16 work-hours x $85 per         $17,080          $18,440         $995,760
 insulation blankets, doing a leak     hour = $1,360.
 check, and revising the maintenance
 or inspection program.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.
    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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, 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):

The Boeing Company: Docket No. FAA-2015-8130; Directorate Identifier
2014-NM-175-AD.

(a) Comments Due Date

    We must receive comments by February 16, 2016.

(b) Affected ADs

    This AD affects the ADs specified in paragraphs (b)(1) and
(b)(2) of this AD.
    (1) AD 2014-20-10, Amendment 39-17983 (79 FR 60331, October 7,
2014).
    (2) AD 2015-17-13, Amendment 39-18246 (80 FR 52948, September 2,
2015).

(c) Applicability

    This AD applies to The Boeing Company Model 777-200 and -300
series airplanes, certificated in any category, equipped with Pratt
& Whitney engines, as identified in Boeing Special Attention Service
Bulletin 777-71-0055, Revision 1, dated April 15, 2015.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Unsafe Condition

    This AD was prompted by reports of blocked drain lines at the
engine forward strut that caused flammable fluid to accumulate in a
flammable leakage zone. We are issuing this AD to prevent blockage
of forward strut drain lines, which could cause flammable fluids to
collect in the forward strut area and potentially cause an
uncontrolled fire or cause failure of engine attachment structure
and consequent airplane loss.

(f) Compliance

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

(g) Actions

    Within 4,000 flight cycles or 750 days after the effective date
of this AD, whichever occurs later: Accomplish the actions specified
in paragraphs (g)(1) through (g)(4) of this AD on the left and right
struts, in accordance with the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 777-71-0055, Revision 1, dated
April 15, 2015; and accomplish the revision specified in paragraph
(g)(5) of this AD.
    (1) Disconnect and remove the forward strut drain lines.
    (2) Clean the left system disconnect, the strut forward lower
spar, and the forward fireseal pan drain lines.
    (3) Install new forward strut drain lines and insulation
blankets.
    (4) Do a leak check of the forward strut drain lines, for any
leak, and repair if any leak is found.
    (5) Revise the maintenance or inspection program, as applicable,
to incorporate Airworthiness Limitation 54-AWL-01, ``Forward Strut
Drain Line'' as specified in Section D.4, Pratt and Whitney Forward
Strut Drain Line, dated March 2014, of the Boeing 777 Maintenance
Planning Data (MPD) Document Section 9, Airworthiness Limitations
(AWLs) and Certification Maintenance Requirements (CMRs), D622W001-
9, dated October 2014. The initial compliance time for Airworthiness
Limitation 54-AWL-01 is within 2,000 flight cycles or 1,500 days,
whichever occurs first, after doing the actions specified in
paragraphs (g)(1) through (g)(4) of this AD.

(h) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (g)(5) of
this AD, no alternative actions (e.g., inspections) or intervals may
be used unless the actions or intervals are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (k) of this AD.

(i) Terminating Action for Other ADs

    (1) Accomplishing the actions required by paragraph (g) of this
AD terminates the actions required by paragraph (g) of AD 2015-17-
13, Amendment 39-18246 (80 FR

52948, September 2, 2015, at the modified area only.
    (2) Accomplishing the actions specified in paragraphs (i)(2)(i)
and (i)(2)(ii) of this AD terminates the inspections required by
paragraph (g) of AD 2014-20-10, Amendment 39-17983 (79 FR 60331,
October 7, 2014), at the modified area only, provided the actions
are accomplished concurrently, or the actions specified in paragraph
(i)(2)(ii) of this AD are done after accomplishing the actions
specified in paragraph (i)(2)(i) of this AD.
    (i) The actions specified in paragraphs (g)(1) through (g)(4) of
this AD on the left and right struts are done in accordance with the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 777-71-0055, Revision 1, dated April 15, 2015; and the
revision specified in paragraph (g)(5) of this AD is done.
    (ii) A one-time general visual inspection for hydraulic fluid
contamination (including contamination caused by hydraulic fluid in
its liquid, vapor, and/or solid (coked) form) of the interior of the
strut forward dry bay, and all applicable related investigative and
corrective actions (including checking drain lines for blockage due
to hydraulic fluid coking, and cleaning or replacing drain lines to
allow drainage) are done in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 777-54-
0028, Revision 1, dated December 10, 2013, except where Boeing
Special Attention Service Bulletin 777-54-0028, Revision 1, dated
December 10, 2013, specifies to contact Boeing for repair, the
repair must be done using a method approved in accordance with the
procedures specified in paragraph (k) of this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Boeing Special Attention Service Bulletin 777-
71-0055, dated June 12, 2014, which is not incorporated by reference
in this AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (l)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(k)(3)(i) and (k)(3)(ii) apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(l) Related Information

    (1) For more information about this AD, contact Kevin Nguyen,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton,
WA 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on December 21, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-32852 Filed 12-30-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 144 (Wednesday, July 27, 2011)]
[Notices]
[Page 44902]
[FR Doc No: 2011-18920]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14218-000]

 FFP Project 90, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On July 1, 2011, FFP Project 90, LLC filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Carlyle Lake Water Power
Project, which would be located on the Kaskaskia River, in Clinton
County, Illinois. The sole purpose of a preliminary permit, if issued,
is to grant the permit holder priority to file a license application
during the permit term. A preliminary permit does not authorize the
permit holder to perform any land disturbing activities or otherwise
enter upon lands or waters owned by others without the owners' express
permission.
    The proposed project would consist of: (1) A powerhouse; (2)
installation of one 2.0-megawatt vertical Kaplan turbine; (3) a
proposed 3,750-foot-long, 69-kilovolt transmission line; (4) an intake
structure containing trashracks, operator's platform, and a vertical
slide gate; and (5) appurtenant facilities. The proposed Carlyle Lake
Water Power Project would have an estimated average annual generation
of 10 gigawatt-hours.
    Applicant Contact: Ramya Swaminathan, Free Flow Power Corporation,
239 Causeway Street, Suite 300, Boston, MA 02114; phone: (978) 252-
7361.
    FERC Contact: Bryan Roden-Reynolds at<PHONE_NUMBER>, or via e-mail
at<EMAIL_ADDRESS>    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site (http://www.ferc.gov/docs-filing/ferconline.asp). Commenter
can submit brief comment up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>call toll-free at 1-866-208-
3676, or for TTY,<PHONE_NUMBER>. Although the Commission strongly
encourages electronic filing, documents may also be paper-filed. To
paper-file, mail an original and seven copies to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC, 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14218) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: July 13, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-18920 Filed 7-26-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 230 (Thursday, November 29, 2012)]
[Notices]
[Page 71190]
[FR Doc No: 2012-28867]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR13-11-000]

Cobra Pipeline Ltd.; Notice of Petition for Rate Approval

    Take notice that on November 19, 2012, Cobra Pipeline Ltd. (Cobra)
filed a Rate Election pursuant to 284.123(b)(1) of the Commissions
regulations and to revise its Statement of Operating Conditions. Cobra
proposes to utilize rates that are the same as those contained in
Cobra's storage and transportation rate schedules for comparable
intrastate service on file with the Public Utilities Commission of
Ohio, as more fully detailed in the petition.
    Any person desiring to participate in this rate filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on Wednesday, December 5,
2012.

    Dated: November 21, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-28867 Filed 11-28-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Rules and Regulations]
[Pages 77911-77915]
[FR Doc No: 2014-30174]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0409; FRL-9920-68-Region-3]

Approval and Promulgation of Air Quality Implementation Plan;
Pennsylvania; Determination of Attainment for the 2008 Lead National
Ambient Air Quality Standard for the Lyons Nonattainment Area

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to determine that the Lyons, Pennsylvania nonattainment area
(hereafter referred to as the ``Lyons Area'' or ``Area'') has attained
the 2008 lead (Pb) national ambient air quality standard (NAAQS). On
March 31, 2014, the Commonwealth of Pennsylvania, through the
Pennsylvania Department of Environmental Protection, submitted a
request to EPA to make a determination that the Lyons Area has attained
the 2008 Pb NAAQS. This determination of attainment is based upon
certified, quality-assured, and quality-controlled ambient air
monitoring data from 2011-2013 which shows that the Area has monitored
attainment for the 2008 Pb NAAQS. Additionally, as a result of this
determination, EPA is taking final action to suspend the requirements
for the Area to submit an attainment demonstration, together with
reasonably available control measures (RACM), a reasonable further
progress (RFP) plan, and contingency measures for failure to meet RFP
or attainment deadlines for so long as the Area continues to attain the
2008 Pb NAAQS. This determination does not constitute a redesignation
to attainment. The Lyons Area will remain designated nonattainment for
the 2008 Pb NAAQS until such time as EPA determines that the Lyons Area
meets the Clean Air Act (CAA) requirements for redesignation to
attainment, including an approved maintenance plan. These actions are
being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on January 28, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0409. All documents in the docket are listed in
the www.regulations.gov. Although listed in the electronic docket, some
information is not publicly available, i.e., 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 either
electronically through www.regulations.gov or in hard copy for public
inspection during normal business hours at the Air Protection Division,
U.S. Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Ellen Schmitt,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On August 7, 2014 (79 FR 46211), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania. In the August 7,
2014 NPR, EPA proposed to make a clean data determination, finding that
the Lyons Area has attained the 2008 Pb NAAQS, based on certified,
quality-assured, and quality-controlled ambient air monitoring data
from 2011-2013. The Lyons Area is located in Berks County, Pennsylvania
and bounded by Kutztown Borough, Lyons Borough, Maxatawny Township, and
Richmond Township. See 40 CFR 81.339.

II. Summary of Rulemaking Action

    EPA is taking final action to determine that the Lyons Area has
attaining data for the 2008 Pb NAAQS. This determination of attainment
is based upon certified, quality-assured, and quality-controlled air
monitoring data that shows the Area has monitored attainment of the
2008 Pb NAAQS based on 2011-2013 data.
    Other specific requirements of the determination of attainment and
the rationale for EPA's action are explained in the NPR published on
August 7, 2014 (79 FR 46211) as well as in the Technical Support
Document (TSD) that accompanied the NPR, and will not be restated here.
The TSD is available in the docket for this rulemaking action at
www.regulations.gov.

III. Effect of This Action

    This final action suspends the requirements for the Lyons Area to

submit an attainment demonstration, associated RACM, RFP plan, and
contingency measures for failure to meet RFP or attainment deadlines so
long as this Area continues to meet the 2008 Pb NAAQS. Finalizing this
action does not constitute a redesignation of the Lyons Area to
attainment for the 2008 Pb NAAQS under section 107(d)(3) of the CAA.
Further, finalizing this action does not involve approving a
maintenance plan for the Area as required under section 175A of the
CAA, nor does it involve a determination that the Area has met all
requirements for a redesignation.

IV. Public Comments and EPA's Responses

    EPA received comments from the East Penn Manufacturing Company,
Inc. (hereafter referred to as ``commenter'') regarding the August 7,
2014 NPR proposing a determination of attainment for the Lyons Area for
the 2008 Pb NAAQS. A full set of these comments is provided in the
docket for today's final rulemaking action.
    Comment: The commenter states it is supportive of EPA's proposed
determination of attainment of the Lyons Area because such a
determination is an affirmation of ``historical and on-going policies
and practices regarding compliance with air quality standards and
minimization of lead emissions'' from its manufacturing campus in the
Lyons Area. The commenter states that it believes that the
nonattainment plan provision requirements of section 172(c) of the CAA,
including the emission inventory provisions of section 172(c)(3), will
be suspended for as long as the Lyons Area continues to attain the 2008
Pb NAAQS upon EPA's finalization of the determination of attainment for
the Lyons Area. The commenter refers to a September 4, 1992 EPA
memorandum \1\ and a May 10, 1995 EPA memorandum,\2\ in support of its
position that the nonattainment plan provision requirements of section
172(c), including the emission inventory provisions of section
172(c)(3), should be suspended when EPA finalizes the determination of
attainment for the Lyons Area. The commenter states it understands the
nonattainment plan provisions of section 172(c), including emission
inventory provision requirements in section 172(c)(3), are suspended
because development and inclusion of such information in a state
implementation plan (SIP) only has meaning for areas not attaining the
2008 Pb NAAQS in accordance with both the Calcagni Memorandum and the
Seitz Memorandum.
---------------------------------------------------------------------------

    \1\ Procedures for Processing Requests to Redesignate Areas to
Attainment, EPA Memorandum from John Calcagni, Director, Air Quality
Management Division, Office of Air Quality Planning Standards,
September 4, 1992 (Calcagni Memorandum), located at http://www.epa.gov/ttn/oarpg/t5/memoranda/redesignmem090492.pdf. The
commenter referred to this Memorandum as the ``September 4, 1994
Calcagni memorandum.'' EPA believes the inaccurate year was an
inadvertent error as the September 4, 1992 Calcagni Memorandum
addressed requirements for attainment plans necessary when an area
has attained a NAAQS and seeks redesignation.
    \2\ Reasonable Further Progress, Attainment Demonstration, and
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard (Seitz Memorandum), EPA
Memorandum from John S. Seitz, Director, Office of Air Quality
Planning Standards, May 10, 1995, located at http://www.epa.gov/ttn/caaa/t1/memoranda/clean15.pdf.
---------------------------------------------------------------------------

    The commenter asserts that ``such information'' will not have
meaning upon final promulgation of the Lyons Area determination of
attainment because the Lyons Area will be understood to have attained
the NAAQS. For further support, the commenter cites to language from
the Seitz Memorandum (which also references the Calcagni Memorandum and
57 FR 13498 (April 16, 1992)) \3\ which says that ``no other measures
to provide for attainment would be needed by areas seeking
redesignation to attainment since `attainment will have been reached.'
'' The commenter requests that EPA acknowledge that upon final
promulgation of the Lyons Area determination of attainment, all
additional information requirements under section 172(c), including the
emission inventory provisions, will be considered suspended as long as
the Lyons Area continues to demonstrate attainment with the 2008 Pb
NAAQS.
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    \3\ 57 FR 13498 was promulgated after the CAA Amendments in 1990
as EPA's ``General Preamble'' which principally described EPA's
preliminary views on how EPA should interpret various provisions of
Title I, primarily those concerning SIP revisions required for
nonattainment areas. Although the General Preamble includes various
statements that states must take certain actions, EPA specifically
stated in the Federal Register notice that the statements in the
General Preamble are made pursuant to EPA's preliminary
interpretations, and thus do not bind the states and the public as a
matter of law. EPA stated that the General Preamble was an advance
notice of how EPA generally intends, in subsequent rulemakings, to
take action on SIP submissions and to interpret various Title I
provisions. EPA notes the commenter inadvertently cites the General
Preamble as 57 FR 13564 and not 57 FR 13498.
---------------------------------------------------------------------------

    Response: EPA disagrees with the commenter's asserted position that
upon final promulgation of the Lyons Area determination of attainment,
all informational or planning requirements under section 172(c),
including the emission inventory provisions, are considered suspended
as long as the Lyons Area continues to demonstrate attainment with the
2008 Pb NAAQS.
    Following enactment of the CAA Amendments of 1990, EPA promulgated
its interpretation of the requirements for implementing the NAAQS in
the general preamble for the implementation of Title I of the CAA
Amendments of 1990 (General Preamble). See 57 FR 13498, 13564 (April
16, 1992). In 1995, based on the interpretation of CAA sections 171,
172, and 182 in the General Preamble, EPA set forth what has become
known as its ``Clean Data Policy'' for the 1-hour ozone NAAQS. See
Seitz Memorandum. The Seitz Memorandum provided that requirements to
submit SIP revisions addressing RFP, an attainment demonstration, and
other related requirements such as contingency measures and other
specific ozone-related requirements in section 182 not relevant here,
would be suspended for as long as the nonattainment area continued to
monitor attainment of the NAAQS.\4\ The Seitz Memorandum did not state
the emissions inventory requirement in section 172(c)(3) was suspended
when an area attains the NAAQS.
---------------------------------------------------------------------------

    \4\ EPA notes that the Seitz Memorandum specifically states that
the Memorandum addresses whether areas attaining the NAAQS must
submit SIP revisions concerning RFP and attainment demonstrations
and related requirements such as contingency measures,
transportation control measures, and section 182(g) milestones. The
Seitz Memorandum does not explicitly or implicitly state that
requirements to submit emission inventories in section 172(c)(3) are
suspended.
---------------------------------------------------------------------------

    Prior to the Seitz Memorandum, the Calcagni Memorandum in 1992
addressed prerequisites for redesignation of nonattainment areas to
attainment. The Calcagni Memorandum indicated certain requirements from
section 172(c) including RFP, identification of certain emissions
increases, and other measures needed for attainment would not apply for
redesignations because they only have meaning for areas not attaining
the NAAQS. The Calcagni Memorandum specifically stated that the
requirements for an emission inventory in section 172(c) would be
satisfied by the emission inventory requirements in section 175A for
maintenance plans which must be submitted with redesignation requests
under section 107(d). Thus, the Calcagni Memorandum, like the Seitz
Memorandum, specifically did not state that emission inventory
requirements in section 172(c)(3) were not required for areas which had
attained the NAAQS, but which were still designated nonattainment as
the Lyons Area is. Rather, according to the Calcagni

Memorandum, the emission inventory requirement in section 172(c)(3) for
nonattainment areas is required but can be satisfied by the requirement
to submit an emission inventory for purposes of section 175A
maintenance plans.
    Likewise, EPA's General Preamble for title I of the CAA in 57 FR
13498 also discussed SIP submission requirements that are not
applicable for purposes of redesignations of areas to attainment (in
section 107(d)), such as RFP and contingency measures, where the areas
in question have already attained the NAAQS. The General Preamble
stated that for areas already attaining the NAAQS, such additional
measures in section 172(c) that are designed to bring about attainment
are not needed, and any additional measures to ensure that maintenance
of the NAAQS continues would be addressed under the requirements for
maintenance plans in section 175A. See 57 FR 13564 (stating requirement
for RFP would have no meaning once an area attained). However, like the
Calcagni Memorandum, the General Preamble also stated that the emission
inventory requirement of section 172(c)(3) would be satisfied during
consideration of redesignation requests by the inventory requirements
of the maintenance plan. Id. Thus, for redesignations, states can
satisfy the inventory requirement in section 172(c)(3) by meeting the
section 175A maintenance plan requirement to submit a base-year
emission inventory.
    Of more relevance, in 2004, EPA indicated its intention to extend
the Clean Data Policy (from the Seitz Memorandum) to the fine
particulate matter (PM2.5) NAAQS.\5\ EPA's 2007
implementation rule for the 1997 PM2.5 NAAQS (the 2007
PM2.5 Implementation Rule) specifically extended the Clean
Data Policy to the 1997 PM2.5 NAAQS providing that, when EPA
makes a determination that an area designated nonattainment has
attained the PM2.5 NAAQS, certain requirements of section
172(c) for SIP revisions shall be suspended, including requirements to
submit an attainment demonstration, RFP, RACM, contingency measures and
other planning SIPs related to attainment of the NAAQS.\6\ See 40 CFR
51.1004(c). EPA's Clean Data Policy represents the Agency's long-held
interpretation that certain requirements of subpart 1 of part D of the
CAA are, by EPA's terms, not applicable to areas that have attained the
NAAQS before the applicable attainment date.\7\
---------------------------------------------------------------------------

    \5\ Clean Data Policy for the Fine Particle National Ambient Air
Quality Standards, EPA Memorandum from Steve Page, Director, EPA
Office of Air Quality Planning Standards, December 14, 2004, located
at http://www.epa.gov/airquality/urbanair/sipstatus/docs/pm25_clean_data_policy_14dec2004.pdf.
    \6\ Although the D.C. Circuit remanded the 2007 PM2.5
Implementation Rule to EPA on January 4, 2013, the decision did not
cast doubt on EPA's interpretation of statutory provisions,
including EPA's Clean Data Policy interpretation. See Natural
Resources Defense Council v. EPA, 706 F.3d 428 (D.C. Cir. 2013)
(remanding the 2007 PM2.5 Implementation Rule due to
concerns regarding requirements for subpart 4 of part D of Title I
of the CAA).
    \7\ This discussion refers to subpart 1 of part D of the CAA as
this subpart contains the general and substantive attainment-related
requirements for all NAAQS. Subpart 5 establishes additional
requirements for the lead NAAQS, including the applicable attainment
date and the deadline for states to submit a plan to meet the
substantive attainment-related requirements of subpart 1.
---------------------------------------------------------------------------

    Specifically, a determination of attainment indicates that the area
has attained the NAAQS and therefore the purpose of the RFP requirement
(for the nonattainment area to make progress towards attainment) will
have been fulfilled. Therefore, the area does not have to address RFP,
as long as it continues to monitor attainment. In addition, the goal of
the attainment demonstration required by section 172(c) is to show how
the area will be brought back into attainment and a clean data
determination indicates that the area is in attainment.\8\ Thus, EPA
has determined that an attainment demonstration is unnecessary as
attainment will have been reached. Finally, the contingency measures
SIP requirement in section 172(c)(9) is linked with both the attainment
demonstration and RFP requirements, and similar reasoning applies for
the suspension of contingency measures requirement upon a determination
of attainment. Section 172(c)(9) provides that SIPs in nonattainment
areas shall provide for the implementation of contingency measures to
be undertaken if the area fails to make reasonable further progress or
fails to attain the NAAQS. This contingency measure requirement is
inextricably tied to the reasonable further progress and attainment
demonstration requirements. Where an area has already achieved
attainment, it has no need to rely on contingency measures to make
further progress to attainment. Thus, the contingency measure
requirement no longer applies when an area has attained the standard.
---------------------------------------------------------------------------

    \8\ Likewise, EPA's Clean Data Policy suspends the requirement
for RACM in SIP submissions for section 172(c) upon a determination
of attainment because the intent of RACM in section 172(c)(1) is to
enable an area to attain the NAAQS. RACM would not be needed as an
``additional measure'' if an area has attained the NAAQS.
---------------------------------------------------------------------------

    EPA's Clean Data Policy has been reviewed and consistently upheld
by a number of courts. U.S. Courts of Appeals for the Tenth, Seventh,
and Ninth Circuits have all upheld EPA rulemakings applying the Clean
Data Policy suspending requirements for RFP, attainment demonstrations,
RACM and contingency measures. See Sierra Club v. EPA, 99 F.3d 1551
(10th Cir. 1996); Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004); Our
Children's Earth Foundation v. EPA, No. 04-73032 (9th Cir. June 28,
2005 (Memorandum Opinion)); and Latino Issues Forum v. EPA, Nos. 06-
75831 and 08-71238 (9th Cir. March 2, 2009 (Memorandum Opinion)).
Notably, in each of those EPA actions upheld by the courts, EPA
suspended the planning requirements listed above but did not suspend
the requirement that the state submit an emissions inventory. A listing
of these rulemakings was provided in the NPR for this action and will
not be restated here. See 79 FR 46211.
    In alignment with the policies outlined in the Seitz Memorandum for
ozone and the 2007 PM2.5 Implementation Rule mentioned
above,\9\ EPA employs the same rationale when it approves the
suspension of certain requirements for nonattainment areas for the 2008
Pb NAAQS.\10\ EPA has applied its interpretation of what SIP provisions
are impacted under a determination of attainment for a nonattainment
area for the 2008 Pb NAAQS in previous final determinations of
attainment rulemaking actions for 2008 Pb NAAQS nonattainment areas.
See 77 FR 52232 (August 29, 2012) and 78 FR 66280 (November 5, 2013).
---------------------------------------------------------------------------

    \9\ See 72 FR 20586 (April 25, 2007) (2007 PM2.5
Implementation Rule). See also 70 FR 71612 (November 29, 2005)
(Final Rule To Implement the 8-Hour Ozone National Ambient Air
Quality Standard--Phase 2 which included and extended the Clean Data
Policy for ozone to the 1997 ozone NAAQS).
    \10\ Each of the above interpretations apply only as long as a
nonattainment area continues to monitor attainment of the standard.
If EPA determines that the Lyons Area has violated the 2008 Pb
NAAQS, the area would again be required to submit the pertinent SIP
sections in section 172(c) including requirements for RFP, RACM, and
contingency measures.
---------------------------------------------------------------------------

    In the August 7, 2014 NPR, EPA expressly stated that if we
finalized the determination of attainment for the Lyons Area, the
requirements for Pennsylvania to submit for the Area an attainment
demonstration, associated RACM, a RFP plan, contingency measures, and
other planning requirements related to attainment of the standard would
be suspended for so long as the Lyons Area continues to attain the 2008
Pb NAAQS.
    The commenter wrongly interprets this language to mean that upon

finalization of the determination of attainment for the Lyons Area, all
of the nonattainment plan provisions that fall under paragraph 172(c),
including the emission inventory provisions of section 172(c)(3), will
be suspended for so long as the Lyons Area continues to attain the 2008
Pb NAAQS.
    Section 172(c) includes a list of requirements for SIP revisions
for areas that are designated as nonattainment for a NAAQS. As
discussed earlier, EPA has long interpreted some of the planning
provisions that directly relate to measures aimed to achieve attainment
of a NAAQS, such as RFP, RACM, and contingency measures, to no longer
apply when an area is monitoring attainment of the standard. However,
EPA believes a number of section 172(c) SIP revision requirements
continue to apply and must be met even after EPA determines that a
nonattainment area has attained a NAAQS. The provision requiring a
nonattainment area to submit an emissions inventory is one such
obligation that cannot be suspended simply because the area has
monitored attainment. The requirement in section 172(c)(5) for a
nonattainment new source review permit program in accordance with
section 173 is another requirement not suspended by a determination of
attainment. As stated in the NPR and TSD for this action, a finalized
determination of attainment does not undo the original designation of
the area as nonattainment, nor does it redesignate the area to
attainment. While the commenter cites the Seitz Memorandum, General
Preamble, and Calcagni Memorandum in support of its position, those
documents in fact support EPA's interpretation that the emission
inventory requirement in section 172(c)(3) remains as a required SIP
provision after a determination of attainment. As discussed earlier,
the Calcagni Memorandum and General Preamble maintain that the emission
inventory requirement in section 172(c)(3) continues to apply to areas
that are attaining the NAAQS, and only provide that for purposes of
redesignation under 107(d)(3)(E), the requirement can be satisfied by
an emission inventory submitted pursuant to the maintenance plan
required by section 175A.
    Thus, EPA disagrees with the commenter that all nonattainment plan
provision requirements located in section 172(c), including
``informational'' requirements such as the section 172(c)(3) emissions
inventory provision, are suspended after a determination of attainment
is made for the nonattainment area.

V. EPA's Final Action

    EPA is taking final action to determine that the Lyons Area is
attaining the 2008 lead NAAQS. This determination of attainment is
based upon certified, quality-assured, and quality-controlled air
monitoring data showing that this Area has monitored attainment of the
2008 Pb NAAQS during the period 2011-2013. This final action suspends
the requirements for this Area to submit an attainment demonstration,
associated RACM, RFP plans, and contingency measures for failure to
meet RFP or attainment deadlines so long as this Area continues to meet
the 2008 Pb NAAQS. EPA is taking this final action because it is in
accordance with the CAA and EPA policy and guidance.

VI. Statutory and Executive Order Reviews

A. General Requirements

    This action, which makes a determination of attainment based on air
quality, will result in the suspension of certain Federal requirements
and/or will not impose any additional requirements beyond those imposed
by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 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
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rulemaking action does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country located in the state, and EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.

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 February 27, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This rulemaking action, determining that the Lyons Area has
attained the 2008 Pb NAAQS, may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Lead, Reporting and recordkeeping requirements.

    Dated: December 11, 2014.
William C. Early, Acting,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart NN--Pennsylvania

0
2. Section 52.2055 is added to read as follows:

Sec.  52.2055  Control strategy: Lead.

    (a) Determination of attainment. EPA has determined, as of December
29, 2014, based on quality-assured ambient air quality data for 2011 to
2013, that the Lyons, PA nonattainment area has attained the 2008 Pb
NAAQS. This determination suspends the requirements for this area to
submit an attainment demonstration, associated reasonably available
control measures, a reasonable further progress plan, contingency
measures, and other planning SIPs related to attainment of the standard
for as long as this area continues to meet the 2008 Pb NAAQS. If EPA
determines, after notice-and-comment rulemaking, that this area no
longer meets the 2008 Pb NAAQS, the corresponding determination of
attainment for that area shall be withdrawn.
    (b) [Reserved]
[FR Doc. 2014-30174 Filed 12-24-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 86 (Thursday, May 3, 2018)]
[Notices]
[Pages 19593-19594]
[FR Doc No: 2018-09400]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0015]

Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on April 13, 2018, Ritron,
Inc. (Ritron) petitioned the Federal Railroad Administration (FRA) for
a waiver of compliance from certain provisions of the Federal railroad
safety regulations contained at 49 CFR 232.409(d). FRA assigned the
petition Docket Number FRA-2009-0015.
    Ritron is seeking to extend its waiver of compliance from 49 CFR
232.409(d) for three models of its two-way transceiver radios used for
the link modules inside Head-of-Train (HOT) and End-of-Train (EOT)
devices. These three models are DTX-445, DTX-454, and DTX-460. These
models use a master reference oscillator to determine the frequency
stability of the transmitted signal. The actual transmitted signal is
phase-locked to this master oscillator by a phase-locked loop. This
self-calibrating procedure eliminates the need for yearly re-
calibrations. Ritron states that if the radio is operating, it is
within specifications. Ritron originally received a waiver of
compliance on July 21, 2010. Ritron received an updated waiver, to add
another radio to that included in the original request, on September 4,
2013.

    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by June 18, 2018 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-09400 Filed 5-2-18; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Rules and Regulations]
[Pages 25595-25598]
[FR Doc No: 2015-10235]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31014; Amdt. No. 3640]

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule amends, suspends, or removes 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 for the 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 May 5, 2015. 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 May 5, 2015.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 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 and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420) Flight Technologies and Procedures
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 (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20.
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 on FAA form documents is
unnecessary.
    This amendment provides the affected CFR sections, and specifies
the SIAPs and Takeoff Minimums and ODPs with their applicable effective
dates. This amendment also identifies the airport and its location, the
procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent 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 and Takeoff
Minimums and ODPs, 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 that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    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,
Navigation (air).

    Issued in Washington, DC, on April 10, 2015.
John Duncan,
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 and Takeoff Minimums
and ODPs, 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:
    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

--------------------------------------------------------------------------------------------------------------------------------------------------------
       AIRAC date             State             City               Airport          FDC No.      FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
28-May-15...............  MO            Neosho.............  Neosho Hugh               4/0069     03/24/15  RNAV (GPS) RWY 19, Amdt 1.
                                                              Robinson.
28-May-15...............  MO            Fredericktown......  A Paul Vance              4/0070     03/27/15  RNAV (GPS) RWY 1, Amdt 1.
                                                              Fredericktown Rgnl.
28-May-15...............  MN            Wheaton............  Wheaton Muni.......       4/0097     03/24/15  RNAV (GPS) RWY 34, Orig.
28-May-15...............  MN            Slayton............  Slayton Muni.......       4/0110     03/24/15  RNAV (GPS) RWY 17, Orig.
28-May-15...............  MO            Joplin.............  Joplin Rgnl........       4/0113     03/25/15  RNAV (GPS) RWY 31, Amdt 1.
28-May-15...............  MN            Faribault..........  Faribault Muni.....       4/0122     03/27/15  RNAV (GPS) RWY 12, Amdt 1.
28-May-15...............  MN            Preston............  Fillmore County....       4/0148     03/27/15  RNAV (GPS) RWY 11, Orig.
28-May-15...............  MN            Preston............  Fillmore County....       4/0150     03/27/15  RNAV (GPS) RWY 29, Amdt 1.
28-May-15...............  MN            Fergus Falls.......  Fergus Falls Muni-        4/0151     03/27/15  RNAV (GPS) RWY 13, Orig.
                                                              Einar Mickelson
                                                              Fld.
28-May-15...............  MO            Fredericktown......  A Paul Vance              4/0174     03/27/15  RNAV (GPS) RWY 19, Amdt 1.
                                                              Fredericktown Rgnl.
28-May-15...............  MN            Hallock............  Hallock Muni.......       4/0175     03/25/15  RNAV (GPS) RWY 31, Amdt 1.
28-May-15...............  MN            Madison............  Lac Qui Parle             4/0184     03/24/15  RNAV (GPS) RWY 14, Orig.
                                                              County.
28-May-15...............  MN            Wheaton............  Wheaton Muni.......       4/0191     03/24/15  RNAV (GPS) RWY 16, Orig.
28-May-15...............  MI            Gladwin............  Gladwin Zettel            4/0302     03/27/15  RNAV (GPS) RWY 27, Orig.
                                                              Memorial.
28-May-15...............  MN            Madison............  Lac Qui Parle             4/0304     03/24/15  RNAV (GPS) RWY 32, Orig.
                                                              County.
28-May-15...............  MN            Madison............  Lac Qui Parle             4/0305     03/24/15  NDB RWY 32, Amdt 4.
                                                              County.
28-May-15...............  MO            Maryville..........  Northwest Missouri        4/0412     03/27/15  RNAV (GPS) RWY 14, Amdt 1.
                                                              Rgnl.
28-May-15...............  NE            Kearney............  Kearney Rgnl.......       4/0429     03/24/15  ILS OR LOC RWY 36, Amdt 2.
28-May-15...............  MN            Bigfork............  Bigfork Muni.......       4/0437     03/27/15  RNAV (GPS) RWY 33, Orig-A.
28-May-15...............  MI            Gladwin............  Gladwin Zettel            4/0443     03/27/15  RNAV (GPS) RWY 9, Orig.
                                                              Memorial.
28-May-15...............  MI            Escanaba...........  Delta County.......       4/0482     03/24/15  LOC/DME BC RWY 27, Amdt 1A.
28-May-15...............  MI            Escanaba...........  Delta County.......       4/0483     03/24/15  VOR RWY 27, Amdt 12A.
28-May-15...............  MI            Escanaba...........  Delta County.......       4/0485     03/24/15  RNAV (GPS) RWY 36, Orig-A.
28-May-15...............  MI            Escanaba...........  Delta County.......       4/0486     03/24/15  RNAV (GPS) RWY 27, Amdt 1A.
28-May-15...............  MI            Escanaba...........  Delta County.......       4/0488     03/24/15  VOR RWY 36, Orig-B.
28-May-15...............  MN            Hutchinson.........  Hutchinson Muni-          4/0497     03/25/15  RNAV (GPS) RWY 15, Orig-A.
                                                              Butler Field.

28-May-15...............  ND            Fargo..............  Hector Intl........       4/0501     03/27/15  RNAV (GPS) RWY 9, Amdt 1.
28-May-15...............  MN            Slayton............  Slayton Muni.......       4/0504     03/24/15  RNAV (GPS) RWY 35, Orig.
28-May-15...............  MN            Eveleth............  Eveleth-Virginia          4/0526     03/27/15  RNAV (GPS) RWY 27, Orig.
                                                              Muni.
28-May-15...............  MN            Eveleth............  Eveleth-Virginia          4/0528     03/27/15  VOR RWY 27, Amdt 1.
                                                              Muni.
28-May-15...............  MN            Faribault..........  Faribault Muni.....       4/0536     03/27/15  RNAV (GPS) RWY 30, Amdt 1.
28-May-15...............  MN            Glenwood...........  Glenwood Muni......       4/0547     03/27/15  RNAV (GPS) RWY 33, Amdt 1.
28-May-15...............  MI            Manistique.........  Schoolcraft County.       4/0606     03/25/15  VOR RWY 28, Amdt 1.
28-May-15...............  MI            Jackson............  Jackson County-           4/0679     03/25/15  RNAV (GPS) RWY 14, Amdt 1.
                                                              Reynolds Field.
28-May-15...............  MN            Hallock............  Hallock Muni.......       4/0686     03/25/15  RNAV (GPS) RWY 13, Orig.
28-May-15...............  MI            Manistique.........  Schoolcraft County.       4/0687     03/25/15  RNAV (GPS) RWY 28, Orig.
28-May-15...............  IL            Chicago/West         Dupage.............       4/0946     03/24/15  RNAV (GPS) RWY 20L, Orig-A.
                                         Chicago.
28-May-15...............  ND            Fargo..............  Hector Intl........       4/0947     03/27/15  RNAV (GPS) RWY 27, Amdt 1.
28-May-15...............  MN            Detroit Lakes......  Detroit Lakes-            4/0963     03/24/15  VOR RWY 31, Amdt 1.
                                                              Wething Field.
28-May-15...............  IL            Chicago/West         Dupage.............       4/1051     03/24/15  RNAV (GPS) RWY 2R, Orig-A.
                                         Chicago.
28-May-15...............  MI            Jackson............  Jackson County-           4/1085     03/25/15  RNAV (GPS) RWY 32, Orig-A.
                                                              Reynolds Field.
28-May-15...............  PA            Franklin...........  Venango Rgnl.......       5/0851     03/27/15  VOR RWY 21, Amdt 8.
28-May-15...............  WI            Prairie Du Chien...  Prairie Du Chien          5/3716     03/20/15  RNAV (GPS) RWY 32, Orig-A.
                                                              Muni.
28-May-15...............  WI            Prairie Du Chien...  Prairie Du Chien          5/3717     03/20/15  RNAV (GPS) RWY 14, Orig-A.
                                                              Muni.
28-May-15...............  WI            Prairie Du Chien...  Prairie Du Chien          5/3718     03/20/15  RNAV (GPS) RWY 29, Orig-A.
                                                              Muni.
28-May-15...............  WI            Prairie Du Chien...  Prairie Du Chien          5/3719     03/20/15  VOR/DME RWY 29, Amdt 8A.
                                                              Muni.
28-May-15...............  CA            San Diego/El Cajon.  Gillespie Field....       5/3728     03/27/15  RNAV (GPS) RWY 17, Amdt 2B.
28-May-15...............  CA            San Diego/El Cajon.  Gillespie Field....       5/3729     03/27/15  LOC/DME D, Amdt 11.
28-May-15...............  WI            Ladysmith..........  Rusk County........       5/3732     03/20/15  NDB RWY 32, Amdt 3.
28-May-15...............  WI            Ladysmith..........  Rusk County........       5/3733     03/20/15  RNAV (GPS) RWY 32, Orig.
28-May-15...............  WI            Ladysmith..........  Rusk County........       5/3734     03/20/15  RNAV (GPS) RWY 14, Orig.
28-May-15...............  WI            Tomahawk...........  Tomahawk Rgnl......       5/3747     03/20/15  RNAV (GPS) RWY 9, Amdt 2A.
28-May-15...............  WI            Tomahawk...........  Tomahawk Rgnl......       5/3748     03/20/15  RNAV (GPS) RWY 27, Amdt 2.
28-May-15...............  WI            Superior...........  Richard I Bong.....       5/3749     03/20/15  RNAV (GPS) RWY 14, Orig.
28-May-15...............  WI            Superior...........  Richard I Bong.....       5/3750     03/20/15  RNAV (GPS) RWY 22, Orig.
28-May-15...............  WI            Superior...........  Richard I Bong.....       5/3751     03/20/15  RNAV (GPS) RWY 32, Orig.
28-May-15...............  WI            Platteville........  Platteville Muni...       5/3757     03/20/15  RNAV (GPS) RWY 7, Orig-A.
28-May-15...............  WI            Shell Lake.........  Shell Lake Muni....       5/3761     03/20/15  RNAV (GPS) RWY 32, Orig.
28-May-15...............  WI            Shell Lake.........  Shell Lake Muni....       5/3762     03/20/15  RNAV (GPS) RWY 14, Orig.
28-May-15...............  WI            Shell Lake.........  Shell Lake Muni....       5/3763     03/20/15  VOR/DME RWY 32, Orig.
28-May-15...............  WI            Waukesha...........  Waukesha County....       5/3765     03/20/15  ILS OR LOC RWY 10, Amdt 2.
28-May-15...............  WI            Neillsville........  Neillsville Muni...       5/3766     03/23/15  NDB RWY 28, Amdt 7.
28-May-15...............  WI            Neillsville........  Neillsville Muni...       5/3767     03/23/15  RNAV (GPS) RWY 10, Orig.
28-May-15...............  WI            Chetek.............  Chetek Muni-              5/3768     03/23/15  RNAV (GPS) RWY 17, Orig-C.
                                                              Southworth.
28-May-15...............  WI            Chetek.............  Chetek Muni-              5/3769     03/23/15  RNAV (GPS) RWY 35, Orig-B.
                                                              Southworth.
28-May-15...............  KY            Bowling Green......  Bowling Green-            5/4171     03/24/15  VOR-A, Orig.
                                                              Warren County Rgnl.
28-May-15...............  KY            Bowling Green......  Bowling Green-            5/4172     03/24/15  RNAV (GPS) RWY 21, Amdt 1.
                                                              Warren County Rgnl.
28-May-15...............  KY            Bowling Green......  Bowling Green-            5/4173     03/24/15  NDB RWY 3, Amdt 2.
                                                              Warren County Rgnl.
28-May-15...............  AL            Dothan.............  Dothan Rgnl........       5/4635     03/24/15  ILS OR LOC RWY 32, Amdt 9.
28-May-15...............  AL            Dothan.............  Dothan Rgnl........       5/4636     03/24/15  VOR RWY 14, Amdt 4.
28-May-15...............  AL            Fairhope...........  H L Sonny Callahan.       5/4660     03/24/15  RNAV (GPS) RWY 1, Amdt 2.
28-May-15...............  AL            Fairhope...........  H L Sonny Callahan.       5/4662     03/24/15  RNAV (GPS) RWY 19, Amdt 2.
28-May-15...............  AL            Birmingham.........  Birmingham-               5/4663     03/24/15  LOC RWY 18, Amdt 2A.
                                                              Shuttlesworth Intl.
28-May-15...............  AL            Anniston...........  Anniston Rgnl......       5/4664     03/24/15  NDB RWY 5, Amdt 4B.
28-May-15...............  AL            Anniston...........  Anniston Rgnl......       5/4665     03/24/15  ILS OR LOC RWY 5, Amdt 3B.
28-May-15...............  AL            Alexander City.....  Thomas C Russell          5/4666     03/24/15  RNAV (GPS) RWY 18, Amdt 1.
                                                              Fld.
28-May-15...............  AL            Andalusia/Opp......  South Alabama Rgnl        5/4668     03/24/15  RNAV (GPS) RWY 29, Amdt 2.
                                                              At Bill Benton
                                                              Field.
28-May-15...............  AL            Andalusia/Opp......  South Alabama Rgnl        5/4669     03/24/15  COPTER NDB RWY 29, Orig.
                                                              At Bill Benton
                                                              Field.
28-May-15...............  AL            Andalusia/Opp......  South Alabama Rgnl        5/4670     03/24/15  RNAV (GPS) RWY 11, Amdt 2.
                                                              At Bill Benton
                                                              Field.
28-May-15...............  AL            Ozark..............  Blackwell Field....       5/4676     03/24/15  VOR RWY 31, Amdt 7.
28-May-15...............  AL            Marion.............  Vaiden Field.......       5/4677     03/24/15  RNAV (GPS) RWY 34, Amdt 1.
28-May-15...............  AL            Gadsden............  Northeast Alabama         5/4765     03/24/15  ILS OR LOC/DME RWY 24, Orig.
                                                              Rgnl.
28-May-15...............  AL            Gadsden............  Northeast Alabama         5/4766     03/24/15  RNAV (GPS) RWY 24, Amdt 1.
                                                              Rgnl.
28-May-15...............  AL            Gadsden............  Northeast Alabama         5/4767     03/24/15  RNAV (GPS) RWY 6, Amdt 1A.
                                                              Rgnl.
28-May-15...............  AL            Gadsden............  Northeast Alabama         5/4768     03/24/15  RNAV (GPS) RWY 18, Amdt 1.
                                                              Rgnl.
28-May-15...............  AL            Gadsden............  Northeast Alabama         5/4769     03/24/15  RNAV (GPS) RWY 36, Amdt 1.
                                                              Rgnl.

28-May-15...............  AL            Bay Minette........  Bay Minette Muni...       5/4771     03/24/15  RNAV (GPS) RWY 8, Amdt 1.
28-May-15...............  AL            Ozark..............  Blackwell Field....       5/4772     03/24/15  RNAV (GPS) RWY 31, Orig.
28-May-15...............  AL            Ozark..............  Blackwell Field....       5/4773     03/24/15  RNAV (GPS) RWY 13, Orig.
28-May-15...............  AL            Anniston...........  Anniston Rgnl......       5/4774     03/24/15  RNAV (GPS) RWY 5, Amdt 1A.
28-May-15...............  AL            Headland...........  Headland Muni......       5/4873     03/24/15  RNAV (GPS) RWY 27, Amdt 1.
28-May-15...............  AL            Headland...........  Headland Muni......       5/4874     03/24/15  RNAV (GPS) RWY 9, Amdt 1.
28-May-15...............  AL            Evergreen..........  Middleton Field....       5/4877     03/24/15  RNAV (GPS) RWY 28, Amdt 1.
28-May-15...............  AL            Evergreen..........  Middleton Field....       5/4878     03/24/15  RNAV (GPS) RWY 10, Amdt 1.
28-May-15...............  AL            Evergreen..........  Middleton Field....       5/4879     03/24/15  RNAV (GPS) RWY 1, Amdt 1.
28-May-15...............  AL            Russellville.......  Bill Pugh Field....       5/4880     03/24/15  RNAV (GPS) RWY 20, Orig-A.
28-May-15...............  AL            Russellville.......  Bill Pugh Field....       5/4881     03/24/15  RNAV (GPS) RWY 2, Orig-A.
28-May-15...............  AL            Mobile.............  Mobile Rgnl........       5/4897     03/24/15  RNAV (GPS) RWY 36, Amdt 1.
28-May-15...............  AL            Monroeville........  Monroe County......       5/4901     03/23/15  RNAV (GPS) RWY 3, Orig-B.
28-May-15...............  AL            Monroeville........  Monroe County......       5/4902     03/23/15  VOR RWY 3, Amdt 10.
28-May-15...............  AL            Monroeville........  Monroe County......       5/4903     03/23/15  VOR RWY 21, Amdt 10.
28-May-15...............  AL            Montgomery.........  Montgomery Rgnl           5/4991     03/23/15  NDB RWY 10, Amdt 19.
                                                              (Dannelly Field).
28-May-15...............  AL            Centre.............  Centre-Piedmont-          5/4995     03/23/15  RNAV (GPS) RWY 25, Amdt 1.
                                                              Cherokee County
                                                              Rgnl.
28-May-15...............  AL            Centre.............  Centre-Piedmont-          5/4996     03/23/15  RNAV (GPS) RWY 7, Amdt 1.
                                                              Cherokee County
                                                              Rgnl.
28-May-15...............  WV            Berkeley Springs...  Potomac Airpark....       5/5415     03/27/15  GPS RWY 29, Orig.
28-May-15...............  WV            Berkeley Springs...  Potomac Airpark....       5/5416     03/27/15  GPS RWY 11, Orig.
28-May-15...............  WV            Berkeley Springs...  Potomac Airpark....       5/5417     03/27/15  VOR RWY 29, Amdt 6.
28-May-15...............  CO            Denver.............  Centennial.........       5/5763     03/27/15  RNAV (GPS) RWY 28, Amdt 1A.
28-May-15...............  NY            Montauk............  Montauk............       5/5861     03/26/15  RNAV (GPS) RWY 24, Amdt 1A.
28-May-15...............  NY            Montauk............  Montauk............       5/5862     03/26/15  RNAV (GPS) RWY 6, Orig-A.
28-May-15...............  TX            Arlington..........  Arlington Muni.....       5/5863     03/25/15  ILS OR LOC/DME RWY 34, Amdt 2B.
28-May-15...............  TX            Arlington..........  Arlington Muni.....       5/5864     03/25/15  RNAV (GPS) RWY 34, Amdt 3B.
28-May-15...............  MI            Hastings...........  Hastings...........       5/5865     03/23/15  VOR RWY 12, Orig-F.
28-May-15...............  CA            Rio Vista..........  Rio Vista Muni.....       5/6625     03/27/15  RNAV (GPS) RWY 25, Amdt 3B.
28-May-15...............  CA            Rio Vista..........  Rio Vista Muni.....       5/6626     03/27/15  VOR/DME-A, Amdt 2.
28-May-15...............  HI            Honolulu...........  Honolulu Intl......       5/6631     03/27/15  ILS Y RWY 4R, Amdt 1A.
28-May-15...............  WI            New Lisbon.........  Mauston-New Lisbon        5/6662     03/27/15  RNAV (GPS) RWY 32, Orig-A.
                                                              Union.
28-May-15...............  TX            Cotulla............  Cotulla-La Salle          5/7127     03/27/15  RNAV (GPS) RWY 13, Amdt 2.
                                                              County.
28-May-15...............  TX            Houston............  Ellington..........       5/7357     03/27/15  TACAN RWY 35L, Orig.
28-May-15...............  TX            Houston............  Ellington..........       5/7358     03/27/15  TACAN RWY 17R, Orig.
28-May-15...............  TX            Houston............  Ellington..........       5/7359     03/27/15  ILS OR LOC RWY 17R, Amdt 6.
28-May-15...............  TX            Houston............  Ellington..........       5/7360     03/27/15  RNAV (GPS) RWY 17R, Amdt 1A.
28-May-15...............  TX            Houston............  Ellington..........       5/7361     03/27/15  RNAV (GPS) RWY 22, Amdt 2A.
28-May-15...............  SC            Bamberg............  Bamberg County.....       5/8196     03/30/15  RNAV (GPS) RWY 5, Orig-A.
28-May-15...............  SC            Bamberg............  Bamberg County.....       5/8197     03/30/15  RNAV (GPS) RWY 23, Orig-A.
28-May-15...............  MA            Norwood............  Norwood Memorial...       5/8445     03/31/15  LOC RWY 35, Amdt 10B.
28-May-15...............  MA            Norwood............  Norwood Memorial...       5/8446     03/31/15  RNAV (GPS) RWY 35, Amdt 1B.
28-May-15...............  KY            Covington..........  Cincinnati/Northern       5/8875     03/15/15  RNAV (GPS) Y RWY 27, Orig.
                                                              Kentucky Intl.
28-May-15...............  KY            Covington..........  Cincinnati/Northern       5/8876     03/15/15  ILS OR LOC RWY 27, Amdt 17A.
                                                              Kentucky Intl.
28-May-15...............  NY            East Hampton.......  East Hampton.......       5/8887     03/31/15  VOR-A, Amdt 11.
28-May-15...............  PA            Mount Pocono.......  Pocono Mountains          5/8894     03/30/15  RNAV (GPS) RWY 31, Amdt 2B.
                                                              Muni.
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[FR Doc. 2015-10235 Filed 5-4-15; 8:45 am]
 BILLING CODE 4910-13-P


Site visit: Wipaire 8520 River Road Inver Grove Heights, MN 55076 3491 Participants: Sam Crea Hazardous Waste Manager Teena Wooten EPA OSW Jim O'Leary EPA OSW Nancy Ellefson MN Pollution Control Agency Date: May 10, 2006 Jim O'Leary and Teena Wooten with the Environmental Protection Agency's Office of Solid Waste and Nancy Ellefson with the Minnesota Pollution Control Agency toured the Wipeaire facility in Inver Grove Heights, MN on May 10, 2006. The facility manufactures floats for seaplanes. The facility employs 40 people who work four ten hour days per week. The facility is a small quantity generator. The facility generates one drum of hazardous waste per week. Shipments generally consist of four drums.

The pontoons are made by molding aluminum and riveting the pieces together. An epoxy sealer is used to seal the floats to prevent leakage. Any excess epoxy has to be removed before it hardens too much. Methyl Ethyl Ketone ( MEK) is used for this purpose and the harder the epoxy the more solvent is needed for removal. A scotch weld primer is applied over the rivets and the inside part of the skin to corrosion proof the floats and a caulking is used on the rails to prevent corrosion. The scotch weld is cleaned with MEK and the caulking is cleaned with lacquer thinner. The facility uses approximately 120 25 lb boxes a year of old white t shirts that have been cut into pieces. A bonding tape is used on the aluminum that helps prevent corrosion. A lacquer thinner is used to wipe up excess caulking. When applying the MEK, the operator will pour solvent from a two gallon container onto the rag. The rags are generally saturated. Three sets of rags are needed before the pontoons are considered clean. After use, the rags are placed in a 5 gallon satellite container and at the end of the shift, transferred to a 55 gallon drum. A 55 gallon drum may weigh between 100 150 pounds. Only one drum, dated 5 2 06, was observed in the container storage area.

During the visit, Jim O'Leary weighed one rag. It weighed 76.1 grams. This was consist with aweight obtained from a visit several years ago.