[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Notices]
[Page 29612]
[FR Doc No: 2016-11215]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0034]

Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 of the Code of Federal
Regulations (CFR), this document provides the public notice that by a
document dated April 8, 2016, Portland and Western Railroad (PNWR),
owned by Genesee & Wyoming, has petitioned the Federal Railroad
Administration (FRA) for a waiver of compliance from certain provisions
of the Federal railroad safety regulations contained at 49 CFR 213.234,
Automated inspection of track constructed with concrete crossties. FRA
assigned the petition Docket Number FRA-2016-0034.
    PNWR requests a waiver of compliance from 49 CFR 213.234(b)(3),
which requires an annual automated inspection of track constructed with
concrete crossties. PNWR's proposal identifies a 16.8-mile segment of
track constructed with concrete crossties and indicates that 160
commuter trains per week operate over it, as well as an annual 5
million gross tons of freight traffic.
    PNWR submits that because there is relatively light wheel loading
of commuter trains, which are limited to 60 mph, and freight
operations, due to a 40 mph speed limit, it is unnecessary to conduct
annual automated inspections on this concrete crosstie segment. In lieu
of annual automated inspection, PNWR proposes to (1) provide annual
training and inspection procedures to identify and report exceptions to
conditions described in 49 CFR 213.109(d)(4) involving all 213.7-
qualified persons responsible for supervision and inspection of the
TriMet Westside Express Service track segment; (2) conduct bi-annual
walking inspections to detect noncompliant track conditions including
rail seat deterioration; and (3) supplement walking inspection with
twice-annual inspections with a hi-rail vehicle instrumented with a
Track Geometry Measurement System.
    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 party
desires an opportunity for oral comment, 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:
     Web site: 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 27, 2016 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to 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.).
In accordance with 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 www.dot.gov/privacy.
See also http://www.regulations.gov/#!privacyNotice for the privacy
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-11215 Filed 5-11-16; 8:45 am]
 BILLING CODE 4910-06-P


scrubber, tray tower or dry scrubber, you must demonstrate initial
compliance by operating a CEMS as specified in Sec.  63.1349(b)(6)(ii).
You must use the average of the hourly HCl concentration obtained
during the first 30 kiln operating days that occur after the compliance
date of this rule to determine initial compliance.
    (iii) For sources equipped with an alkali bypass stack or that
exhaust kiln gases to a coal mill that exhausts through a separate
stack, instead of installing a CEMS, you may use the results of the
initial and subsequent performance test to demonstrate compliance with
the HCl emissions limit.
    (iv) As an alternative to paragraph (i), you may use an
SO2 CEMS to establish an SO2 operating level
during your initial and repeat HCl performance tests as specified in
Sec.  63.1349(b)(6)(iii).
    (b) Continuous Monitoring Requirements. You must demonstrate
compliance with the emissions standards and operating limits by using
the performance test methods and procedures in Sec. Sec.  63.1350 and
63.8 for each affected source.
    (1) General Requirements.
    (i) You must monitor and collect data according to Sec.  63.1350
and the site-specific monitoring plan required by Sec.  63.1350(p).
    (ii) Except for periods of monitoring system malfunctions, repairs
associated with monitoring system malfunctions, and required monitoring
system quality assurance or quality control activities (including, as
applicable, calibration checks and required zero and span adjustments),
you must operate the monitoring system and collect data at all required
intervals at all times the affected source is operating.
    (iii) You may not use data recorded during monitoring system
malfunctions, repairs associated with monitoring system malfunctions,
or required monitoring system quality assurance or control activities
in calculations used to report emissions or operating levels. A
monitoring system malfunction is any sudden, infrequent, not reasonably
preventable failure of the monitoring system to provide valid data.
Monitoring system failures that are caused in part by poor maintenance
or careless operation are not malfunctions. You must use all the data
collected during all other periods in assessing the operation of the
control device and associated control system.

    (iv) Clinker Production. If you are subject to limitations on PM
emissions (lb/ton of clinker) or mercury (lb/MM tons of clinker) under
Sec.  63.1343(b), you must determine the hourly production rate of
clinker according to the requirements of Sec.  63.1350(d).
    (2) PM Compliance. If you are subject to limitations on PM
emissions under Sec.  63.1343(b), you must use the monitoring methods
and procedures in Sec.  63.1350(b) and (d).
    (3) Opacity Compliance. If you are subject to the limitations on
opacity under Sec.  63.1345, you must demonstrate compliance using the
monitoring methods and procedures in Sec.  63.1350(f) based on the
maximum 6-minute average opacity exhibited during the performance test
period. You must initiate corrective actions within one hour of
detecting visible emissions above the applicable limit.
    (i) COMS. If you install a COMS in lieu of conducting the daily
visible emissions testing, you must demonstrate compliance using a COMS
such that it is installed, operated, and maintained in accordance with
the requirements of Sec.  63.1350(f)(4)(i).
    (ii) Bag leak determination system (BLDS). If you install a BLDS on
a raw mill or finish mill in lieu of conducting the daily visible
emissions testing, you must demonstrate compliance using a BLDS that is
installed, operated, and maintained in accordance with the requirements
of Sec.  63.1350(f)(4)(ii).
    (4) D/F Compliance. If you are subject to a D/F emissions
limitation under Sec.  63.1343(b), you must demonstrate compliance
using a CMS that is installed, operated and maintained to record the
temperature of specified gas streams in accordance with the
requirements of Sec.  63.1350(g).
    (5)(i) Activated Carbon Injection Compliance. If you use activated
carbon injection to comply with the D/F emissions limitation under
Sec.  63.1343(b), you must demonstrate compliance using a CMS that is
installed, operated, and maintained to record the rate of activated
carbon injection in accordance with the requirements Sec.
63.1350(h)(1).
    (ii) If you use activated carbon injection to comply with the D/F
emissions limitation under Sec.  63.1343(b), you must demonstrate
compliance using a CMS that is installed, operated and maintained to
record the activated carbon injection system gas parameter in
accordance with the requirements Sec.  63.1350(h)(2).
    (6)  THC Compliance. (i) If you are subject to limitations on THC
emissions under Sec.  63.1343(b), you must demonstrate compliance using
the monitoring methods and procedures in Sec.  63.1350(i) and (j).
    (ii) For sources equipped with an alkali bypass stack or that
exhaust kiln gases to a coal mill that exhausts through a separate
stack, instead of installing a CEMS, you may use the results of the
initial and subsequent performance test to demonstrate compliance with
the THC emissions limit. THC must be measured upstream of the coal
mill.
    (7) Mercury Compliance. If you are subject to limitations on
mercury emissions in Sec.  63.1343(b), you must demonstrate compliance
using the monitoring methods and procedures in Sec.  63.1350(k).
    If you use an integrated sorbent trap Hg CEMS to determine ongoing
compliance, use the procedures described in Sec.  63.1348(a)(5) to
assign hourly mercury concentration values and to calculate rolling 30
operating data emissions rates. Since you assign the mercury
concentration measured with the sorbent trap to each relevant hour
respectively for each operating day of the integrated period, you may
schedule the sorbent change periods to any time of the day (i.e., the
sorbent trap replacement need not be scheduled at 12:00 midnight nor
must the sorbent trap replacements occur only at integral 24-hour
intervals).
    (8) HCl Compliance. If you are subject to limitations on HCl
emissions under Sec.  63.1343(b), you must demonstrate compliance using
the performance test methods and procedures in Sec.  63.1349(b)(6).
    (i) For an affected source that is not equipped with a wet
scrubber, tray tower or a dry sorbent injection system, you must
demonstrate compliance using the monitoring methods and procedures in
Sec.  63.1350(l)(1).
    (ii) For an affected source that is equipped with a wet scrubber,
tray tower or a dry sorbent injection system, you must demonstrate
compliance using the monitoring methods and procedures in Sec.
63.1350(l)(2).
    (iii) For sources equipped with an alkali bypass stack or that
exhaust kiln gases to a coal mill that exhausts through a separate
stack, instead of installing a CEMS, you may use the results of the
initial and subsequent performance test to demonstrate compliance with
the HCl emissions limit.
    (iv) As an alternative to paragraph (ii), you may use an
SO2 CEMS to establish an SO2 operating level
during your initial and repeat HCl performance tests and monitor the
SO2 level using the procedures in Sec.  63.1350(l)(3).
    (c) * * *
    (2) * * *
    (iv) The performance test must be completed within 360 hours after
the planned operational change period begins.
* * * * *
    19. Section 63.1349 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Revising paragraph (b)(1);
    c. Revising paragraph (b)(3) introductory text;
    d. Revising paragraphs (b)(3)(v) and (b)(3)(vi);
    e. Revising paragraphs (b)(4), (b)(5), and (b)(6); and
    f. Revising paragraphs (c), (d) and (e).
    The revisions read as follows:

Sec.  63.1349  Performance testing requirements.

    (a) You must document performance test results in complete test
reports that contain the information required by paragraphs (a)(1)
through (a)(10) of this section, as well as all other relevant
information. As described in Sec.  63.7(c)(2)(i), you must make
available to the Administrator prior to testing, if requested, the
site-specific test plan to be followed during performance testing.
* * * * *
    (b)(1) PM Emissions Tests.
    (i) The owner or operator of a kiln subject to limitations on PM
emissions shall demonstrate initial compliance by conducting a
performance test as specified in paragraphs (b)(1)(ii) of this section.
    (A) In using a PM CPMS to demonstrate compliance, you must
establish your PM CPMS operating limit and determine compliance with it
according to paragraphs (b)(1)(i)(B) through (D) and (b)(1)(ii) and
(iii) of this section.
    (B) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, record
all hourly average output values (e.g., milliamps, stack concentration,
or other raw data signal) from the PM CPMS for the periods
corresponding to the test runs (e.g., three 1-hour average PM OK CPMS
output values for three 1-hour test runs).
    (C) Determine your operating limit as the highest 1-hour average PM
CPMS output value recorded during the performance test. You must verify
an existing or establish a new operating limit after each repeated
performance test. You must repeat the performance test annually and
reassess and adjust the site-specific operating limit in accordance
with the results of the performance test.
    (D) To determine continuous compliance, you must record the PM

CPMS output data for all periods when the process is operating and the
PM CPMS is not out-of-control. You must demonstrate continuous
compliance by using all quality-assured hourly average data collected
by the PM CPMS for all operating hours to calculate the arithmetic
average operating parameter in units of the operating limit (e.g.,
milliamps, PM concentration, raw data signal) on a 30 operating day
rolling average basis, updated at the end of each new kiln operating
day. Use Equation 3 to determine the 30 kiln operating day average.
[GRAPHIC] [TIFF OMITTED] TP18JY12.007

Where:

Hpvi = The hourly parameter value for hour i and n is the number of
valid hourly parameter values collected over 30 kiln operating days.

    (ii) Use EPA Method 5 of appendix A to part 60 of this chapter to
determine PM emissions. For each performance test, conduct three
separate runs under the conditions that exist when the affected source
is operating at the highest load or capacity level reasonably expected
to occur. Conduct each test run to collect a minimum sample volume of 2
dscm for determining compliance with a new source limit and 1 dscm for
determining compliance with a existing source limit. Calculate the
average of the results from three runs to determine compliance. You
need not determine the PM collected in the impingers (``back half'') of
the Method 5 particulate sampling train to demonstrate compliance with
the PM standards of this subpart. This shall not preclude the
permitting authority from requiring a determination of the ``back
half'' for other purposes.
    (iii) When there is an alkali bypass associated with a kiln, the
main exhaust and alkali bypass of the kiln must be tested
simultaneously and the combined emission rate of PM from the kiln and
alkali bypass must be computed for each run using equation 4 of this
section. For purposes of calculating the combined kiln and alkali
bypass emissions, you may use the results of the initial and subsequent
Method 5 performance test for the alkali bypass, instead of installing
a CEMS, to demonstrate compliance with the PM emissions limit.
[GRAPHIC] [TIFF OMITTED] TP18JY12.008

Where:

EC = Combined hourly emission rate of PM from the kiln
and bypass stack, lb/ton of kiln clinker production;
EK = Hourly emissions of PM emissions from the kiln, lb;
EB = Hourly PM emissions from the alkali bypass stack,
lb;
P = Hourly clinker production, tons.

    (iv) The owner or operator of a kiln with an in-line raw mill and
subject to limitations on PM emissions shall demonstrate initial
compliance by conducting separate performance tests while the raw mill
is under normal operating conditions and while the raw mill is not
operating.
* * * * *
    (3) D/F Emissions Tests. If you are subject to limitations on D/F
emissions under this subpart, you must conduct a performance test using
Method 23 of appendix A-7 to part 60 of this chapter. If your kiln or
in-line kiln/raw mill is equipped with an alkali bypass, you must
conduct simultaneous performance tests of the kiln or in-line kiln/raw
mill exhaust and the alkali bypass. You may conduct a performance test
of the alkali bypass exhaust when the raw mill of the in-line kiln/raw
mill is operating or not operating.
* * * * *
    (v)(A) If sorbent injection is used for D/F control, you must
record the rate of sorbent injection to the kiln exhaust, and where
applicable, the rate of sorbent injection to the alkali bypass exhaust,
continuously during the period of the Method 23 test in accordance with
the conditions in Sec.  63.1350(m)(9), and include the continuous
injection rate record(s) in the performance test report. Determine the
sorbent injection rate parameters in accordance with paragraphs
(b)(3)(vi) of this section.
    (B) Include the brand and type of sorbent used during the
performance test in the performance test report.
    (C) Maintain a continuous record of either the carrier gas flow
rate or the carrier gas pressure drop for the duration of the
performance test. If the carrier gas flow rate is used, determine,
record, and maintain a record of the accuracy of the carrier gas flow
rate monitoring system according to the procedures in appendix A to
part 75 of this chapter. If the carrier gas pressure drop is used,
determine, record, and maintain a record of the accuracy of the carrier
gas pressure drop monitoring system according to the procedures in
Sec.  63.1350(m)(6).
    (vi) Calculate the run average sorbent injection rate for each run
and determine and include the average of the run average injection
rates in the performance test report and determine the applicable
injection rate limit in accordance with Sec.  63.1346(c)(1).
    (4)(i) THC Emissions Test.
    (A) If you are subject to limitations on THC emissions, you must
operate a continuous emissions monitoring system (CEMS) in accordance
with the requirements in Sec.  63.1350(i). For the purposes of
conducting the accuracy and quality assurance evaluations for CEMS, the
THC span value (as propane) is 50 ppmvd and the reference method (RM)
is Method 25A of appendix A to part 60 of this chapter.
    (B) Use the THC CEMS to conduct the initial compliance test for the
first 30 kiln operating days of kiln operation after the compliance
date of the rule. See 63.1348(a).
    (C) If kiln gases are diverted through an alkali bypass or to a
coal mill and exhausted through a separate stack, you must calculate a
kiln-specific THC limit using equation 5:

[GRAPHIC] [TIFF OMITTED] TP18JY12.009

Where:

Cks = Kiln stack concentration (ppmvd)
Qab = Alkali bypass flow rate (volume/hr)
Cab = Alkali bypass concentration (ppmvd)
Qcm = Coal mill flow rate (volume/hr)
Ccm = Coal mill concentration (ppmvd)
Qks = Kiln stack flow rate (volume/hr)

    (D) For sources equipped with an alkali bypass stack or that
exhaust kiln gases to a coal mill that exhausts through a separate
stack, instead of installing a CEMS, you may use the results of the
initial and subsequent performance test to demonstrate compliance with
the THC emissions limit. THC must be measured upstream of the coal
mill.
    (ii) Total Organic HAP Emissions Tests. Instead of conducting the
performance test specified in paragraph (b)(4)(i) of this section, you
may conduct a performance test to determine emissions of total organic
HAP by following the procedures in paragraphs (b)(4)(iii) through
(b)(4)(iv) of this section.
    (iii) Use Method 320 of appendix A to this part, Method 18 of
Appendix A of part 60, ASTM D6348-03 or a combination to determine
emissions of total organic HAP. Each performance test must consist of
three separate runs under the conditions that exist when the affected
source is operating at the representative performance conditions in
accordance with Sec.  63.7(e). Each run must be conducted for at least
1 hour. You must conduct the performance test while the raw mill of the
kiln is operating and while the raw mill of the kiln is not operating.
    (iv) At the same time that you are conducting the performance test
for total organic HAP, you must also determine a site-specific THC
emissions limit by operating a CEMS in accordance with the requirements
of Sec.  63.1350(j). The duration of the performance test must be 3
hours and the highest 1-hour average THC concentration (as calculated
from the 1-minute averages) during the 3-hour test must be calculated.
Using the fraction of time the raw mill is on and the fraction of time
that the raw mill is off, calculate this limit as a weighted average of
the THC levels measured during raw mill on and raw mill off testing.
    (v) You must repeat the performance test for organic HAP according
to paragraph (b)(4)(iii) and (iv) of this section no later than 12
months after your last test to confirm compliance with the organic HAP
emissions limit and to re-establish your site-specific THC emissions
limit.
    (vi) If the THC level exceeds by 10 percent or more your site-
specific THC emissions limit, you must
    (A) As soon as possible but no later than 30 days after the
exceedance, conduct an inspection and take corrective action to return
the THC CEMS measurements to within the established value; and
    (B) Within 90 days of the exceedance or at the time of the annual
compliance test, whichever comes first, conduct another performance
test to determine compliance with the organic HAP limit and to verify
or re-establish your site-specific THC emissions limit.
    (5) Mercury Emissions Tests. If you are subject to limitations on
mercury emissions, you must operate a mercury CEMS in accordance with
the requirements of Sec.  63.1350(k). The initial compliance test must
be based on the first 30 kiln operating days in which the affected
source operates using a mercury CEMS after the compliance date of the
rule. See Sec.  63.1348(a).
    (i) If you are using a mercury CEMS or a sorbent trap monitoring
system, you must install, operate, calibrate, and maintain an
instrument for continuously measuring and recording the exhaust gas
flow rate to the atmosphere according to the requirements in Sec.
63.1350(k)(5).
    (ii) Calculate the emission rate using the equations 6 of this
section:
[GRAPHIC] [TIFF OMITTED] TP18JY12.010

Where:

E30D = 30-day rolling emission rate of mercury, lb/MM
tons clinker;
Ci = Concentration of mercury for operating hour i,
[mu]g/scm;
Qi = Volumetric flow rate of effluent gas for operating
hour i, where Cs and Qs are on the same basis
(either wet or dry), scm/hr;
K = Conversion factor, 1 lb/454,000,000 [mu]g;
n = Number of kiln operating hours in a 30 kiln operating day
period, n = 1 to 720.

    (6) HCl Emissions Tests. For a source subject to limitations on HCl
emissions you must conduct performance testing by one of the following
methods:
    (i)(A) If the source is equipped with a wet scrubber, tray tower or
dry scrubber, you must conduct performance testing using Method 321 of
appendix A to this part unless you have installed a CEMS that meets the
requirements Sec.  63.1350(l)(1).
    (B) You must establish site specific parameter limits by using the
CPMS required in Sec.  63.1350(l)(1). For a wet scrubber or tray tower,
measure and record the pressure drop across the scrubber and/or liquid
flow rate and pH in intervals of no more than 15 minutes during the HCl
test. Compute and record the 24-hour average pressure drop, pH, and
average scrubber water flow rate for each sampling run in which the
applicable emissions limit is met. For a dry scrubber, measure and
record the sorbent injection rate in intervals of no more than 15
minutes during the HCl test. Compute and record the 24-hour average
sorbent injection rate and average sorbent injection rate for each
sampling run in which the applicable emissions limit is met.
    (ii)(A) If the source is not controlled by a wet scrubber, tray
tower or dry sorbent injection system, you must operate a CEMS in
accordance with the requirements of Sec.  63.1350(l)(1). See Sec.
63.1348(a).
    (B) The initial compliance test must be based on the 30 kiln
operating days that occur after the compliance date of this rule in
which the affected source operates using a HCl CEMS. Hourly HCl
concentration data must be obtained according to Sec.  63.1350(l).
    (iii) As an alternative to paragraph (i), you may choose to monitor
SO2 emissions using a CEMS in accordance with the
requirements of Sec.  63.1350(l)(3). You must establish an
SO2 operating limit equal to the highest 1 hour average
recorded during the HCl stack test. This operating limit will apply
only for demonstrating HCl compliance.
    (iv) If kiln gases are diverted through an alkali bypass or to a
coal mill and

exhausted through a separate stack, you must calculate a kiln-specific
HCl limit using equation 7:
[GRAPHIC] [TIFF OMITTED] TP18JY12.011

Where:

Cks = Kiln stack concentration (ppmvd)
Qab = Alkali bypass flow rate (volume/hr)
Cab = Alkali bypass concentration (ppmvd)
Qcm = Coal mill flow rate (volume/hr)
Ccm = Coal mill concentration (ppmvd)
Qks = Kiln stack flow rate (volume/hr)

    (c) Performance Test Frequency. Except as provided in Sec.
63.1348(b), performance tests are required at regular intervals for
affected sources that are subject to a dioxin or HCl emissions limit
and must be repeated every 30 months except for pollutants where that
specific pollutant is monitored using CEMS. Tests for PM and total
organic HAP are repeated every 12 months.
    (d) Performance Test Reporting Requirements.
    (1) You must submit the information specified in paragraphs (d)(1)
and (d)(2) of this section no later than 60 days following the initial
performance test. All reports must be signed by a responsible official.
    (i) The initial performance test data as recorded under paragraph
(b) of this section.
    (ii) The values for the site-specific operating limits or
parameters established pursuant to paragraphs (b)(3), (b)(4)(iii),
(b)(5)(ii), and (b)(6)(i) of this section, as applicable, and a
description, including sample calculations, of how the operating
parameters were established during the initial performance test.
    (2) As of December 31, 2011 and within 60 days after the date of
completing each performance evaluation or test, as defined in Sec.
63.2, conducted to demonstrate compliance with any standard covered by
this subpart, you must submit the relative accuracy test audit data and
performance test data, except opacity data, to the EPA by successfully
submitting the data electronically to the EPA's Central Data Exchange
(CDX) by using the Electronic Reporting Tool(ERT) (see http://www.epa.gov/ttn/chief/ert/ert_tool.html/).
    (e) Conditions of performance tests. Conduct performance tests
under such conditions as the Administrator specifies to the owner or
operator based on representative performance of the affected source for
the period being tested. Upon request, you must make available to the
Administrator such records as may be necessary to determine the
conditions of performance tests.
    20. Section 63.1350 is amended by:
    a. Revising paragraphs (a) through (d);
    b. Revising paragraph (f) introductory text;
    c. Revising paragraphs (f)(1)(iv) through (f)(1)(vi);
    d. Revising paragraphs (f)(2)(i) and (f)(2)(iii);
    e. Revising paragraphs (f)(3) and (f)(4);
    f. Revising paragraph (g)(1) introductory text;
    g. Revising paragraphs (g)(2) and (g)(4);
    h. Revising paragraph (h)(1)(ii);
    i. Revising paragraphs (i)(1) and (i)(2);
    j. Adding paragraph (i)(3);
    k. Revising paragraph (k);
    l. Revising paragraph (l);
    m. Revising paragraph (m) introductory text;
    n. Revising paragraph (m)(7)(i);
    o. Revising introductory text for paragraphs (m)(9);
    p. Revising paragraph (m)(10), and paragraph (m)(11)(v);
    q. Revising introductory text for paragraphs (n), (o), and (p);
    r. Removing and reserving paragraph (n)(3); and
    s. Revising introductory text for paragraphs (p)(1), (p)(2), and
(p)(5).
    The revisions read as follows:

Sec.  63.1350  Monitoring requirements.

    (a)(1) Following the compliance date, the owner or operator must
demonstrate compliance with this subpart on a continuous basis by
meeting the requirements of this section.
    (2) All continuous monitoring data for periods of startup and
shutdown must be compiled and averaged separately from data gathered
during other operating periods.
    (3) For each existing unit that is equipped with a CMS, maintain
the average emissions or the operating parameter values within the
operating parameter limits established through performance tests.
    (4) Any instance where the owner or operator fails to comply with
the continuous monitoring requirements of this section is a deviation.
    (b) PM Monitoring Requirements.
    (1)(i) PM CPMS. You will use a PM CPMS to establish a site-specific
operating limit corresponding to the results of the performance test
demonstrating compliance with the PM limit. You will conduct your
performance test using Method 5 at appendix A-3 to part 60 of this
chapter. You will use the PM CPMS to demonstrate continuous compliance
with this operating limit. You must repeat the performance test
annually and reassess and adjust the site-specific operating limit in
accordance with the results of the performance test.
    (ii) To determine continuous compliance, you must record the PM
CPMS output data for all periods when the process is operating and the
PM CPMS is not out-of-control. You must demonstrate continuous
compliance by using all quality-assured hourly average data collected
by the PM CPMS for all operating hours to calculate the arithmetic
average operating parameter in units of the operating limit (e.g.,
milliamps, PM concentration, raw data signal) on a 30 operating day
rolling average basis, updated at the end of each new kiln operating
day.
    (iii) For any deviation of the 30 process operating day PM CPMS
average value from the established operating parameter limit, you must
    (A) Within 48 hours of the deviation, visually inspect the APCD;
    (B) If inspection of the APCD identifies the cause of the
deviation, take corrective action as soon as possible, and return the
PM CPMS measurement to within the established value; and
    (C) Within 45 days of the deviation or at the time of the annual
compliance test, whichever comes first, conduct a PM emissions
compliance test to determine compliance with the PM emissions limit and
to verify or re-establish the CPMS operating limit. You are not
required to conduct additional testing for any deviations that occur
between the time of the original deviation and the PM emissions
compliance test required under this paragraph.
    (iv) PM CPMS deviations from the operating limit leading to more
than four required performance tests in a 12-month process operating
period (rolling monthly) constitute a separate violation of this
subpart.

    (2) Kilns equipped with an alkali bypass. If kiln gases are
diverted through an alkali bypass, you must account for the PM emitted
from the alkali bypass stack by following the procedures in (b)(2)(i)
through (v) of this section:
    (i) You must install, operate, calibrate, and maintain an
instrument for continuously measuring and recording the exhaust gas
flow rate to the atmosphere from the alkali bypass stack according to
the requirements in paragraphs (n)(1) through (n)(10) of this section.
    (ii) Develop a PM emissions factor by conducting annual performance
tests using Method 5 to measure the concentration of PM in the gases
exhausted from the alkali bypass stack.
    (iii) On a continuous basis, determine the mass emissions of PM in
pounds per hour from the alkali bypass exhaust by using the PM
emissions factor and the continuously measured exhaust gas flow rates.
    (iv) Sum the hourly PM emissions from the kiln and alkali bypass to
determine total hourly PM emissions. Using hourly clinker production,
calculate the hourly emissions rate in pounds per ton of clinker to
determine your 30 day rolling average.
    (v) If you monitor compliance using a PM CPMS, you must determine
compliance according to paragraphs (b)(3)(v)(A) through (C) of this
section:
    (A) Conduct an annual performance test using Method 5 to determine
total PM emissions from the alkali bypass and kiln.
    (B) To determine continuous compliance, you must establish your PM
CPMS operating limit according to paragraph (b)(1) of this section.
    (C) You must establish the maximum exhaust gas flow rate for the
alkali bypass during your annual performance test. You must
continuously monitor the flow rate until the next performance test. If
there is a deviation of the monitored flow rate from the maximum
established during your last performance test by more than 10 percent,
you must retest the kiln and alkali bypass to determine compliance.
    (c) [Reserved]
    (d) Clinker Production Monitoring Requirements. If you are subject
to an emissions limitation on PM or mercury emissions (lb/ton of
clinker), you must:
    (1) Determine hourly clinker production by one of two methods:
    (i) Install, calibrate, maintain, and operate a permanent weigh
scale system to measure and record weight rates in tons-mass per hour
of the amount of clinker produced. The system of measuring hourly
clinker production must be maintained within 5 percent
accuracy, or
    (ii) Install, calibrate, maintain, and operate a permanent weigh
scale system to measure and record weight rates in tons-mass per hour
of the amount of feed to the kiln. The system of measuring feed must be
maintained within 5 percent accuracy. Calculate your hourly
clinker production rate using a kiln specific feed to clinker ratio
based on reconciled clinker production determined for accounting
purposes and recorded feed rates. Update this ratio monthly. Note that
if this ratio changes at clinker reconciliation, you must use the new
ratio going forward, but you do not have to retroactively change
clinker production rates previously estimated.
    (iii) [Reserved]
    (2) Determine, record, and maintain a record of the accuracy of the
system of measuring hourly clinker production (or feed mass flow if
applicable) before initial use (for new sources) or by the effective
compliance date of this rule (for existing sources). During each
quarter of source operation, you must determine, record, and maintain a
record of the ongoing accuracy of the system of measuring hourly
clinker production (or feed mass flow).
    (3) If you measure clinker production directly, record the daily
clinker production rates; if you measure the kiln feed rates and
calculate clinker production, record the daily kiln feed and clinker
production rates.
    (4) Develop an emissions monitoring plan in accordance with
paragraphs (p)(1) through (p)(4) of this section.
    (e) [Reserved]
    (f) Opacity Monitoring Requirements. If you are subject to a
limitation on opacity under Sec.  63.1345, you must conduct required
opacity monitoring in accordance with the provisions of paragraphs
(f)(1)(i) through (f)(1)(vii) of this section and in accordance with
your monitoring plan developed under Sec.  63.1350(p). You must also
develop an opacity monitoring plan in accordance with paragraphs (p)(1)
through (p)(4) and paragraph (o)(5), if applicable, of this section.
    (1) * * *
    (iv) If visible emissions are observed during any Method 22
performance test, of appendix A-7 to part 60 of this chapter, you must
conduct 30 opacity observations in accordance with Method 9 of appendix
A-4 to part 60 of this chapter. The Method 9 performance test, of
appendix A-4 to part 60 of this chapter, must begin within 1 hour of
any observation of visible emissions.
    (v) The requirement to conduct Method 22 visible emissions
monitoring under this paragraph do not apply to any totally enclosed
conveying system transfer point, regardless of the location of the
transfer point. The enclosures for these transfer points must be
operated and maintained as total enclosures on a continuing basis in
accordance with the facility operations and maintenance plan.
    (vi) If any partially enclosed or unenclosed conveying system
transfer point is located in a building, you must conduct a Method 22
performance test, of appendix A-7 to part 60 of this chapter, according
to the requirements of paragraphs (f)(1)(i) through (f)(1)(iv) of this
section for each such conveying system transfer point located within
the building, or for the building itself, according to paragraph
(f)(1)(vii) of this section.
* * * * *
    (2)(i) For a raw mill or finish mill, you must monitor opacity by
conducting daily visible emissions observations of the mill sweep and
air separator PM control devices (PMCD) of these affected sources in
accordance with the procedures of Method 22 of appendix A-7 to part 60
of this chapter. The duration of the Method 22 performance test must be
6 minutes.
* * * * *
    (iii) If visible emissions are observed during the follow-up Method
22 performance test required by paragraph (f)(2)(ii) of this section
from any stack from which visible emissions were observed during the
previous Method 22 performance test required by paragraph (f)(2)(i) of
the section, you must then conduct an opacity test of each stack from
which emissions were observed during the follow up Method 22
performance test in accordance with Method 9 of appendix A-4 to part 60
of this chapter. The duration of the Method 9 test must be 30 minutes.
    (3) If visible emissions are observed during any Method 22 visible
emissions test conducted under paragraphs (f)(1) or (f)(2) of this
section, you must initiate, within one hour, the corrective actions
specified in your operation and maintenance plan as required in Sec.
63.1347.
    (4) The requirements under paragraph (f)(2) of this section to
conduct daily Method 22 testing do not apply to any specific raw mill
or finish mill equipped with a COMS or BLDS.
    (i) If the owner or operator chooses to install a COMS in lieu of
conducting the daily visible emissions testing required under paragraph
(f)(2) of this section, then the COMS must be installed at the outlet
of the PM control device of the raw mill or finish mill and the COMS
must be installed, maintained,

calibrated, and operated as required by the general provisions in
subpart A of this part and according to PS-1 of appendix B to part 60
of this chapter.
    (ii) If you choose to install a BLDS in lieu of conducting the
daily visible emissions testing required under paragraph (f)(2) of this
section, the requirements in paragraphs (m)(1) through (m)(4), (m)(10)
and (m)(11) of this section apply.
    (g) * * *
    (1) You must install, calibrate, maintain, and continuously operate
a CMS to record the temperature of the exhaust gases from the kiln and
alkali bypass, if applicable, at the inlet to, or upstream of, the kiln
and/or alkali bypass PMCDs.
* * * * *
    (2) You must monitor and continuously record the temperature of the
exhaust gases from the kiln and alkali bypass, if applicable, at the
inlet to the kiln and/or alkali bypass PMCD.
* * * * *
    (4) Calculate the rolling three-hour average temperature using the
average of 180 successive one-minute average temperatures. See Sec.
63.1349(b)(3).
* * * * *
    (h) * * *
    (1) * * *
    (ii) Each hour, calculate the three-hour rolling average activated
carbon injection rate for the previous 3 hours of process operation.
See Sec.  63.1349(b)(3).
* * * * *
    (i) * * *
    (1) You must install, operate, and maintain a THC continuous
emission monitoring system in accordance with Performance Specification
8A of appendix B to part 60 of this chapter and comply with all of the
requirements for continuous monitoring systems found in the general
provisions, subpart A of this part. The owner or operator must operate
and maintain each CEMS according to the quality assurance requirements
in Procedure 1 of appendix F in part 60 of this chapter.
    (2) For sources equipped with an alkali bypass stack or that
exhaust kiln gases to a coal mill that exhausts through a separate
stack, instead of installing a CEMS, you may use the results of the
initial and subsequent performance test to demonstrate compliance with
the THC emissions limit.
    (3) Performance tests on alkali bypass and coal mill stacks must be
conducted using Method 25A in appendix A to 40 CFR part 60 and repeated
annually.
* * * * *
    (k) Mercury Monitoring Requirements. If you have a kiln subject to
an emissions limitation on mercury emissions, you must install and
operate a mercury continuous emissions monitoring system (Hg CEMS) in
accordance with Performance Specification 12A (PS 12A) of appendix B to
part 60 of this chapter or a sorbent trap-based integrated monitoring
system in accordance with Performance Specification 12B (PS 12B) of
appendix B to part 60 of this chapter. You must monitor mercury
continuously according to paragraphs (k)(1) through (k)(5) of this
section. You must also develop an emissions monitoring plan in
accordance with paragraphs (p)(1) through (p)(4) of this section.
    (1) You must use a span value for any Hg CEMS that represents the
mercury concentration corresponding to approximately two times the
emissions standard rounded up to the nearest multiple of 5 [micro]g/
m\3\ of total mercury. As specified in PS 12A, Section 6.1.1, the data
recorder output range must include the full range of expected Hg
concentration values which would include those expected during ``mill
off'' conditions.
    (2) In order to quality assure data measured above the span value,
you must use one of the options in paragraphs (k)(2)(i) through
(k)(2)(iii) below.
    (i) Include a second span that encompasses the Hg emission
concentrations expected to be encountered during ``mill off''
conditions. This second span may be rounded to a multiple of 5
[micro]g/m\3\ of total mercury. The requirements of PS-12A, shall be
followed for this second span with the exception that a RATA with the
mill off is not required.
    (ii) Conduct an additional `above span' daily calibration using a
Hg reference gas standard at a concentration level between 50 and 85
percent of the highest hourly Hg concentration expected during ``mill
off'' conditions. The `above span' reference gas must meet the
requirements of PS 12A, Section 7.1 and be introduced at the probe. The
`above span' calibration is successful if the value measured by the Hg
CEMS is within 20 percent of the certified value of the reference gas.
Record and report the results of this procedure as you would for a
daily calibration.
    (iii) If you choose not to conduct an additional daily calibration,
then quality assure any data above the span value established in
paragraph (k)(1) of this section using the following procedure. Any
time the one hour average measured concentration of Hg exceeds the span
value you must, within 24 hours, introduce a higher, `above span' Hg
reference gas standard to the Hg CEMS. The `above span' reference gas
must meet the requirements of PS 12A, Section 7.1, must be of a
concentration level greater than 80 percent of the highest hourly
concentration measured during the period of measurements above span,
and must be introduced at the probe. Record and report the results of
this procedure as you would for a daily calibration. The `above span'
calibration is successful if the value measured by the Hg CEMS is
within 20 percent of the certified value of the reference gas. If the
value measured by the Hg CEMS exceeds 20 percent of the certified value
of the reference gas, then you must normalize the one-hour average
stack gas values measured above the span during the 24-hour period
preceding the `above span' calibration for reporting based on the Hg
CEMS response to the reference gas as follows:
[GRAPHIC] [TIFF OMITTED] TP18JY12.012

    (3) You must operate and maintain each Hg CEMS or sorbent trap-
based integrated monitoring system according to the quality assurance
requirements in Procedure 5 of appendix F to part 60 of this chapter.
    (4) Relative accuracy testing of mercury monitoring systems under
PS 12A, PS 12B, or Procedure 5 must be conducted at normal operating
conditions with the raw mill on.
    (5) If you use a Hg CEMS or a sorbent trap-based integrated
monitoring system, you must install, operate, calibrate, and maintain
an instrument for continuously measuring and recording the exhaust gas
flow rate to the atmosphere according to the requirements in paragraphs
(n)(1) through (n)(10) of this section. If kiln gases are diverted
through an alkali bypass or to a coal mill and exhausted through
separate stacks, you must account for the mercury emitted from

those stacks by following the procedures in (k)(5)(i) through (v) of
this section:
    (i) You must install, operate, calibrate, and maintain an
instrument for continuously measuring and recording the exhaust gas
flow rate to the atmosphere according to the requirements in paragraphs
(n)(1) through (n)(10) of this section.
    (ii) Develop a mercury hourly mass emissions rate by conducting
annual performance tests using Method 29 to measure the concentration
of mercury in the gases exhausted from the alkali bypass and coal mill.
    (iii) On a continuous basis, determine the mass emissions of
mercury in pounds per hour from the alkali bypass and coal mill
exhausts by using the mercury hourly emissions rate and the
continuously measured exhaust gas flow rates.
    (iv) Sum the hourly mercury emissions from the kiln, alkali bypass
and coal mill to determine total mercury emissions. Using hourly
clinker production, calculate the hourly emissions rate in pounds per
ton of clinker to determine your 30 day rolling average.
    (v) If mercury emissions from the coal mill are below the method
detection limit for two consecutive annual performance tests, you may
reduce the frequency of the performance tests of coal mills to once
every 30 months. If the measured mercury concentration exceeds the
method detection limit, you must revert to testing annually until two
consecutive annual tests are below the method detection limit.
    (6) If you operate an integrated sampling Hg CEMS conforming to PS
12B, you may use a monitoring period from 24 hours to 168 hours in
length. You should use a monitoring period that is a multiple of 24
hours (except during relative accuracy testing as allowed in PS 12B).
    (l) HCl Monitoring Requirements. If you are subject to an emissions
limitation on HCl emissions in Sec.  63.1343, you must monitor HCl
emissions continuously according to paragraph (l)(1) or (2) and
paragraphs (m)(1) through (m)(4) of this section or, if your kiln is
controlled using a wet or dry scrubber or tray tower, you alternatively
may monitor SO2 emissions continuously according to
paragraph (l)(3) of this section. You must also develop an emissions
monitoring plan in accordance with paragraphs (p)(1) through (p)(4) of
this section.
    (1) If you monitor compliance with the HCl emissions limit by
operating an HCl CEMS, you must do so in accordance with Performance
Specification 15 (PS 15) of appendix B to part 60 of this chapter, or,
upon promulgation, in accordance with any other performance
specification for HCl CEMS in appendix B to part 60 of this chapter.
You must operate, maintain, and quality assure an HCl CEMS installed
and certified under PS 15 according to the quality assurance
requirements in Procedure 1 of appendix F to part 60 of this chapter
except that the Relative Accuracy Test Audit requirements of Procedure
1 must be replaced with the validation requirements and criteria of
sections 11.1.1 and 12.0 of PS 15. If you install and operate an HCl
CEMS in accordance with any other performance specification for HCl
CEMS in appendix B to part 60 of this chapter, you must operate,
maintain and quality assure the HCl CEMS using the procedure of
appendix F to part 60 of this chapter applicable to the performance
specification. You must use Method 321 of appendix A to part 63 of this
chapter as the reference test method for conducting relative accuracy
testing. The span value and calibration requirements in paragraphs
(l)(1)(i) and (l)(1)(ii) below apply to HCl CEMS other than those
installed and certified under PS 15.
    (i) You must use a span value for any HCl CEMS that represents the
intended upper limit of the HCl concentration measurement range during
normal ``mill on'' operation. The span value should be equivalent to
approximately two times the emissions standard and it may be rounded to
the nearest multiple of 5 ppm of HCl. The HCl CEMS data recorder output
range must include the full range of expected HCl concentration values
which would include those expected during ``mill off'' conditions.
    (ii) In order to quality assure data measured above the span value,
you must use one of the two options in paragraphs (l)(1)(ii)(A) and
(l)(1)(ii)(B) below.
    (A) Conduct an additional `above span' daily calibration using a
HCl reference gas standard at a concentration level between 50 and 85
percent of the highest hourly HCl concentration expected during ``mill
off'' conditions. The `above span' reference gas must meet the
requirements of the applicable performance specification and be
introduced at the probe. The `above span' calibration is successful if
the value measured by the HCl CEMS is within 20 percent of the
certified value of the reference gas. If the value measured by the HCl
CEMS is not within 20 percent of the certified value of the reference
gas, then you must normalize the stack gas values measured above span
as described in paragraph (l)(1)(ii)(C) below. Record and report the
results of this procedure as you would for a daily calibration.
    (B) If you choose not to conduct an additional calibration on a
daily basis, then quality assure any data above the span value
established in paragraph (l)(1)(i) of this section using the following
procedure. Any time the average measured concentration of HCl exceeds
or is expected to exceed the span value for greater than two hours you
must, within a period 24 hours before or after the `above span' period,
introduce a higher, `above span' HCl reference gas standard to the HCl
CEMS. The `above span' reference gas must meet the requirements of the
applicable performance specification and be of a concentration level
greater than or equal to 80 percent of the highest hourly concentration
measured during the period of measurements above span, and must be
introduced at the probe. Record and report the results of this
procedure as you would for a daily calibration. The `above span'
calibration is successful if the value measured by the HCl CEMS is
within 20 percent of the certified value of the reference gas. If the
value measured by the HCl CEMS is not within 20 percent of the
certified value of the reference gas, then you must normalize the stack
gas values measured above span as described in paragraph (l)(1)(ii)(C)
below. If the `above span' calibration is conducted during the period
when measured emissions are above span and there is a failure to
collect the required minimum number of data points in an hour due to
the calibration duration, then you must determine the emissions average
for that missed hour as the average of hourly averages for the hour
preceding the missed hour and the hour following the missed hour.
    (C) In the event that the `above span' calibration is not
successful (i.e., the HCl CEMS measured value is not within 20 percent
of the certified value of the reference gas), then you must normalize
the one-hour average stack gas values measured above the span during
the 24-hour period preceding or following the `above span' calibration
for reporting based on the HCl CEMS response to the reference gas as
follows:

[GRAPHIC] [TIFF OMITTED] TP18JY12.013

    (2) Install, operate, and maintain a CMS to monitor wet scrubber or
tray tower parameters, as specified in paragraphs (m)(5) and (m)(7) of
this section, and dry scrubber, as specified in paragraph (m)(8) of
this section.
    (3) If the source is equipped with a wet or dry scrubber or tray
tower, and you choose to monitor SO2 emissions, monitor
SO2 emissions continuously according to the requirements of
Sec.  60.63(e) through (f) of part 60 subpart F of this chapter. If
SO2 levels increase above the 1 hour average SO2
operating limit established during your performance test, you must
    (i) As soon as possible but no later than 48 hours after you
deviate from the established SO2 value conduct an inspection
and take corrective action to return the SO2 emissions to
within the operating limit; and
    (ii) Within 60 days of the deviation or at the time of the next
compliance test, whichever comes first, conduct an HCl emissions
compliance test to determine compliance with the HCl emissions limit
and to verify or re-establish the SO2 CEMS operating limit.
    (m) Parameter Monitoring Requirements. If you have an operating
limit that requires the use of a CMS, you must install, operate, and
maintain each continuous parameter monitoring system (CMS) according to
the procedures in paragraphs (m)(1) through (4) of this section by the
compliance date specified in Sec.  63.1351. You must also meet the
applicable specific parameter monitoring requirements in paragraphs
(m)(5) through (m)(11) that are applicable to you.
* * * * *
    (7) * * *
    (i) Locate the pH sensor in a position that provides a
representative measurement of wet scrubber or tray tower effluent pH.
* * * * *
    (9) Mass Flow Rate (for Sorbent Injection) Monitoring Requirements.
If you have an operating limit that requires the use of equipment to
monitor sorbent injection rate (e.g., weigh belt, weigh hopper, or
hopper flow measurement device), you must meet the requirements in
paragraphs (m)(9)(i) through (iii) of this section. These requirements
also apply to the sorbent injection equipment of a dry scrubber.
* * * * *
    (10) Bag leak detection monitoring requirements. If you elect to
use a fabric filter bag leak detection system to comply with the
requirements of this subpart, you must install, calibrate, maintain,
and continuously operate a BLDS as specified in paragraphs (m)(10)(i)
through (viii) of this section.
    (i) You must install and operate a BLDS for each exhaust stack of
the fabric filter.
    (ii) Each BLDS must be installed, operated, calibrated, and
maintained in a manner consistent with the manufacturer's written
specifications and recommendations and in accordance with the guidance
provided in EPA-454/R-98-015, September 1997.
    (iii) The BLDS must be certified by the manufacturer to be capable
of detecting PM emissions at concentrations of 10 or fewer milligrams
per actual cubic meter.
    (iv) The BLDS sensor must provide output of relative or absolute PM
loadings.
    (v) The BLDS must be equipped with a device to continuously record
the output signal from the sensor.
    (vi) The BLDS must be equipped with an alarm system that will alert
an operator automatically when an increase in relative PM emissions
over a preset level is detected. The alarm must be located such that
the alert is detected and recognized easily by an operator.
    (vii) For positive pressure fabric filter systems that do not duct
all compartments of cells to a common stack, a BLDS must be installed
in each baghouse compartment or cell.
* * * * *
    (11) * * *
    (v) Cleaning the BLDS probe or otherwise repairing the BLDS; or
* * * * *
    (n) Continuous Flow Rate Monitoring System. You must install,
operate, calibrate, and maintain instruments, according to the
requirements in paragraphs (n)(1) through (10) of this section, for
continuously measuring and recording the stack gas flow rate to allow
determination of the pollutant mass emissions rate to the atmosphere
from sources subject to an emissions limitation that has a pounds per
ton of clinker unit.
* * * * *
    (3) [Reserved]
* * * * *
    (o) Alternate Monitoring Requirements Approval. You may submit an
application to the Administrator for approval of alternate monitoring
requirements to demonstrate compliance with the emission standards of
this subpart, except for emission standards for THC, subject to the
provisions of paragraphs (o)(1) through (o)(6) of this section.
* * * * *
    (p) Development and Submittal (Upon Request) of Monitoring Plans.
If you demonstrate compliance with any applicable emissions limit
through performance stack testing or other emissions monitoring, you
must develop a site-specific monitoring plan according to the
requirements in paragraphs (p)(1) through (4) of this section. This
requirement also applies to you if you petition the EPA Administrator
for alternative monitoring parameters under paragraph (o) of this
section and Sec.  63.8(f). If you use a BLDS, you must also meet the
requirements specified in paragraph (p)(5) of this section.
    (1) For each CMS required in this section, you must develop, and
submit to the permitting authority for approval upon request, a site-
specific monitoring plan that addresses paragraphs (p)(1)(i) through
(iii) of this section. You must submit this site-specific monitoring
plan, if requested, at least 30 days before your initial performance
evaluation of your CMS.
* * * * *
    (2) In your site-specific monitoring plan, you must also address
paragraphs (p)(2)(i) through (iii) of this section.
* * * * *
    (5) BLDS Monitoring Plan. Each monitoring plan must describe the
items in paragraphs (p)(5)(i) through (v) of this section. At a
minimum, you must retain records related to the site-specific
monitoring plan and information discussed in paragraphs (m)(1) through
(4), (m)(10) and (m)(11) of this section for a period of 5 years, with
at least the first 2 years on-site;
* * * * *
    21. Section 63.1351 is amended by:
    a. Revising paragraphs (c) and (d); and
    b. Adding paragraph (e).
    The revisions and addition read as follows:

Sec.  63.1351  Compliance dates.

* * * * *
    (c) The compliance date for existing sources for all the
requirements that become effective on [DATE 60 DAYS AFTER PUBLICATION
OF THE FINAL RULE IN THE Federal Register] will be September 9, 2015.].

    (d) The compliance date for new sources is May 6, 2009 or startup,
whichever is later.
    (e) The compliance date for existing and new sources with the
requirements for open clinker storage piles in Sec.  63.1343(c) is
[DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE IN THE Federal
Register] or startup, whichever is later.
    22. Section 63.1352 is amended by revising paragraph (b) to read as
follows:

Sec.  63.1352  Additional test methods.

* * * * *
    (b) Owners or operators conducting tests to determine the rates of
emission of specific organic HAP from raw material dryers, and kilns at
Portland cement manufacturing facilities, solely for use in
applicability determinations under Sec.  63.1340 of this subpart are
permitted to use Method 320 of appendix A to this part, or Method 18 of
appendix A to part 60 of this chapter.
    23. Section 63.1353 is amended by adding paragraph (b)(6) to read
as follows:

Sec.  63.1353  Notification Requirements.

* * * * *
    (b) * * *
    (6) Within 48 hours of a deviation that triggers retesting to
establish compliance and new operating limits, notify the appropriate
permitting agency of the planned performance tests. The notification
requirements of Sec.  63.7(e) and 63.9(e) do not apply to retesting
required for deviations under this subpart.
* * * * *
    24. Section 63.1354 is amended by:
    a. Removing and reserving paragraphs (b)(4) and (5);
    b. Revising paragraph (b)(9)(vi);
    c. Adding paragraph (b)(9)(vii); and
    d. Revising paragraph (c).
    The revisions, addition, and deletion read as follows:

Sec.  63.1354  Reporting requirements.

* * * * *
    (b) * * *
    (9) * * *
    (vi) For each PM, HCl, Hg, and THC CEMS or Hg sorbent trap
monitoring system, within 60 days after the reporting periods, you must
submit reports to EPA's WebFIRE database by using the Compliance and
Emissions Data Reporting Interface (CEDRI) that is accessed through
EPA's Central Data Exchange (CDX) (www.epa.gov/cdx). You must use the
appropriate electronic reporting form in CEDRI or provide an alternate
electronic file consistent with EPA's reporting form output format. For
each reporting period, the reports must include all of the calculated
30-operating day rolling average values derived from the CEMS or Hg
sorbent trap monitoring systems.
    (vii) In response to each deviation from an emissions standard or
established operating parameter limit, the date, duration and
description of each deviation and the specific actions taken for each
deviation including inspections, corrective actions and repeat
performance tests and the results of those actions.
* * * * *
    (c) Reporting deviations due to startup, shutdown or malfunctions.
For each deviation from a standard or emission limit caused by a
startup, shutdown, or malfunction at an affected source, you must
report the deviation in the semi-annual compliance report required by
63.1354(b)(9). The report must contain the date, time and duration, and
the cause of each event (including unknown cause, if applicable), and a
sum of the number of events in the reporting period. The report must
list for each event the affected source or equipment, an estimate of
the volume of each regulated pollutant emitted over the emission limit
for which the source failed to meet a standard, and a description of
the method used to estimate the emissions. The report must also include
a description of actions taken by an owner or operator during a
malfunction of an affected source to minimize emissions in accordance
with Sec.  63.1348(d), including actions taken to correct a
malfunction.
* * * * *
    25. Section 63.1355 is amended by:
    a. Revising paragraphs (f) and (g)(1); and
    b. Adding paragraph (h).

The revisions read as follows:

Sec.  63.1355  Recordkeeping requirements.

* * * * *
    (f) The date, time and duration of each startup or shutdown which
causes the source to exceed any applicable emission limitation, and
(f)(i) through (iii) of this section;
    (i) The date, time, and duration of each startup or shutdown
period, for any affected source that is subject to an emission standard
during startup or shutdown that differs from the emission standard
applicable at other times.
    (ii) The quantity and type of raw feed and fuel used during the
startup or shutdown period.
    (iii) An estimate of the volume of each regulated pollutant emitted
over the emission limit during startup or shutdown, with a description
of the method used to estimate emissions.
    (g)(1) The date, time and duration of each malfunction that causes
an affected source to fail to meet an applicable standard; if there was
also a monitoring malfunction, the date, time and duration of the
monitoring malfunction; the record must list the affected source or
equipment, an estimate of the volume of each regulated pollutant
emitted over the standard for which the source failed to meet a
standard, and a description of the method used to estimate the
emissions.
* * * * *
    (h) For each deviation from an emissions standard or established
operating parameter limit, you must keep records of the date, duration
and description of each deviation and the specific actions taken for
each deviation including inspections, corrective actions and repeat
performance tests and the results of those actions.
* * * * *
    26. Section 63.1356 is amended by revising the section heading and
the section text to read as follows:

Sec.  63.1356  Sources with multiple emissions limit or monitoring
requirements.

    If an affected facility subject to this subpart has a different
emissions limit or requirement for the same pollutant under another
regulation in title 40 of this chapter, the owner or operator of the
affected facility must comply with the most stringent emissions limit
or requirement and is exempt from the less stringent requirement.
    27. Section 63.1357 is amended by:
    a. Revising paragraph (a)(1); and
    b. Revising paragraph (a)(2).
    The revisions read as follows:

Sec.  63.1357  Temporary, conditioned exemption from particulate matter
and opacity standards.

    (a) * * *
    (1) Any PM and opacity standards of part 60 or part 63 of this
chapter that are applicable to cement kilns and clinker coolers.
    (2) Any permit or other emissions or operating parameter or other
limitation on workplace practices that are applicable to cement kilns
and clinker coolers to ensure compliance with any PM and opacity
standards of this part or part 60 of this chapter.
* * * * *
    28. Table 1 to Subpart LLL of Part 63 is revised by revising the
entries for 63.6(e)(3), 63.7(b), and 63.9(e) to read as follows:

                     Table 1 to Subpart LLL of Part 63--Applicability of General Provisions
----------------------------------------------------------------------------------------------------------------
              Citation                     Requirement         Applies to  Subpart LLL          Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
63.6(e)(3).........................  Startup, Shutdown       No.........................  Startup and shutdown
                                      Malfunction Plan.                                    plans addressed in
                                                                                Sec.   63.1347.

                                                  * * * * * * *
63.7(b)............................  Notification period...  Yes........................  Except for repeat
                                                                                performance test
                                                                                caused by a
                                                                                deviation. See Sec.
                                                                                63.1353(b)(6).

                                                  * * * * * * *
63.9(e)............................  Notification of         Yes........................  Except for repeat
                                      performance test.                                    performance test
                                                                                caused by a
                                                                                deviation. See Sec.
                                                                                63.1353(b)(6).

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

[FR Doc. 2012-16166 Filed 7-17-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 166 (Wednesday, August 27, 2014)]
[Rules and Regulations]
[Pages 51080-51083]
[FR Doc No: 2014-19976]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0175; Directorate Identifier 2014-NM-014-AD;
Amendment 39-17957; AD 2014-17-04]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440)
airplanes. This AD was prompted by reports that elevator power control
unit (PCU) shear pins may fail prematurely. This AD requires repetitive
replacement of the elevator PCU shear pins. We are issuing this AD to
prevent premature elevator PCU shear pin failure. If all pins fail on
one elevator, the elevator surface would become inoperative, which
could reduce the controllability of the airplane and could result in a
loss of redundancy for flutter prevention.

DATES: This AD becomes effective October 1, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 1,
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0175; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Bombardier,
Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9,
Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.bombardier.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>.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Bombardier, Inc.
Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The NPRM
published in the Federal Register on March 28, 2014 (79 FR 17453).
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-04, dated January 13, 2014 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Bombardier, Inc. Model CL-600-
2B19 (Regional Jet Series 100 & 440) airplanes. The MCAI states:

    It was found that the elevator power control unit (PCU) shear
pins may fail prematurely. The failure of an elevator PCU shear pin
is dormant. There are three PCUs on each elevator. If all three PCU
shear pins failed on one elevator, the elevator surface would become
inoperative, which could reduce the controllability of the aeroplane
and could result in a loss of redundancy for flutter prevention.
    This [Canadian] AD mandates the repetitive replacement of the
elevator PCU shear pins to prevent premature elevator PCU shear pin
failures.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0175-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (79
FR 17453, March 28, 2014) and the FAA's response to each comment.

Request To Delete the Repetitive Requirement

    Air Wisconsin Airlines Corporation (AWAC) requested that we revise
the NPRM (79 FR 17453, March 28, 2014) to delete the repetitive actions
required by paragraph (g) of the NPRM. AWAC pointed out that,
typically, when the design approval holder determines that a repetitive
action for a task is required, the repetitive action is normally
published in the maintenance requirements manual as an airworthiness
limitation, a certification maintenance requirement, or a systems and
powerplant program task. AWAC notes that the design approval holder has
no such requirement in its proposed or published documents, and that
the service information identified in the NPRM states that it does not
affect airworthiness limitations or damage tolerance inspections.
    As an alternative to removing the repetitive requirement specified
in paragraph (g) of the NPRM (79 FR 17453, March 28, 2014), AWAC
requested that, if we do not agree to revise the NPRM as requested, we
remove the compliance time of 48 months for the repetitive replacement.
AWAC questioned why the repetitive replacements should be required, if
the airplane has not been regularly operated. For example, an airplane
on which the replacement task was previously performed, that has
subsequently been sitting in storage in the desert for 3-4 years would
not have any stress.
    We disagree to delete the repetitive replacements required by
paragraph (g) of this final rule. There are various contributing
factors to the premature failure of the elevator PCU shear pins, and
corrosion is one of those factors. The repetitive replacement interval
was determined by the design approval holder and certifying authority.
And, because corrosion is generally a function of time and exposure to
the environment, rather than number of flights, we have determined that
a specific interval of calendar time is required to address this
failure mode. Bombardier indicated that it did not wish to state a
repetitive action within its service bulletin, as operators prefer
service bulletins that are not left open-ended.
    We also do not agree to remove the 48-month compliance time. The
48-month compliance time is necessary to address the identified unsafe
condition

on any airplanes with a low utilization rate. An airplane on which the
proposed replacement has been done that has been parked in storage in
the desert for three to four years might not have undergone any
operational stress, but the airplane is still exposed to its
environment making it susceptible to corrosion. We have made no changes
to this final rule in this regard.

Request To Provide Credit for Certain Previous Actions

    AWAC requested that we revise paragraph (i) of the NPRM (79 FR
17453, March 28, 2014) to allow credit for replacements done previously
using maintenance Task 55-21-27-960-802 and/or other service
information identified in the airplane's maintenance records. AWAC
suggested that there might be other service information that has been
used to do the replacements required by paragraph (g) of the NPRM.
    We partially agree. We agree to allow credit for the replacements
performed before the effective date of this AD using Task 55-21-27-960-
802 of the Canadair Regional Jet Model CL-600-2B19 Aircraft Maintenance
Manual, CSP A-001, Revision 49, dated May 10, 2014. We have added new
paragraph (i)(3) in this final rule to provide credit for using Task
55-21-27-960-802 to accomplish the replacements specified in paragraph
(g) of this final rule. We also have revised paragraph (i) of this
final rule and redesignated that text as paragraphs (i), (i)(1), and
(i)(2) of this AD; this change was for formatting purposes only.
    We do not agree to provide credit in this final rule for
replacements done using unspecified service information that might be
identified in unspecified service documents in the airplane maintenance
records. However, affected operators may request approval to use other,
specific service information as an alternative method of compliance
under the provisions of paragraph (j)(1) of this AD.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
    In the NPRM (79 FR 17453, March 28, 2014), we proposed to prevent
the use of repairs that were not specifically developed to correct the
unsafe condition, by requiring that the repair approval provided by the
State of Design Authority or its delegated agent specifically refer to
this FAA AD. This change was intended to clarify the method of
compliance and to provide operators with better visibility of repairs
that are specifically developed and approved to correct the unsafe
condition. In addition, we proposed to change the phrase ``its
delegated agent'' to include a design approval holder (DAH) with State
of Design Authority design organization approval (DOA), as applicable,
to refer to a DAH authorized to approve required repairs for the
proposed AD.
    No comments were provided to the NPRM (79 FR 17453, March 28, 2014)
about these proposed changes. However, a comment was provided for an
NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 78285,
December 26, 2013). The commenter stated the following: ``The proposed
wording, being specific to repairs, eliminates the interpretation that
Airbus messages are acceptable for approving minor deviations
(corrective actions) needed during accomplishment of an AD mandated
Airbus service bulletin.''
    This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this AD to obtain corrective actions from a
manufacturer, the actions must be accomplished using a method approved
by the FAA, TCCA, or Bombardier, Inc.'s TCCA Design Approval
Organization (DAO).
    The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DAO, the approval must include the DAO-authorized
signature. The DAO signature indicates that the data and information
contained in the document are TCCA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DAO-authorized signature approval are not TCCA-
approved, unless TCCA directly approves the manufacturer's message or
other information.
    This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
    Other commenters to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) pointed out that in many cases
the foreign manufacturer's service bulletin and the foreign authority's
MCAI might have been issued some time before the FAA AD. Therefore, the
DOA might have provided U.S. operators with an approved repair,
developed with full awareness of the unsafe condition, before the FAA
AD is issued. Under these circumstances, to comply with the FAA AD, the
operator would be required to go back to the manufacturer's DOA and
obtain a new approval document, adding time and expense to the
compliance process with no safety benefit.
    Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a
requirement, the FAA will coordinate with affected DAHs and verify they
are prepared to implement means to ensure that their repair approvals
consider the

unsafe condition addressed in this AD. Any such requirements will be
adopted through the normal AD rulemaking process, including notice-and-
comment procedures, when appropriate.
    We also have decided not to include a generic reference to either
the ``delegated agent'' or ``DAH with State of Design Authority design
organization approval,'' but instead we have provided the specific
delegation approval granted by the State of Design Authority for the
DAH throughout this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 17453, March 28, 2014) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 17453, March 28, 2014).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 575 airplanes of U.S. registry.
    We also estimate that it will take about 4 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Required parts will cost about $41 per
product. Based on these figures, we estimate the cost of this AD on
U.S. operators to be $219,075, or $381 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0175; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2014-17-04 Bombardier, Inc.: Amendment 39-17957. Docket No. FAA-
2014-0175; Directorate Identifier 2014-NM-014-AD.

(a) Effective Date

    This AD becomes effective October 1, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional
Jet Series 100 & 440) airplanes, certificated in any category,
serial numbers 7003 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Reason

    This AD was prompted by reports that elevator power control unit
(PCU) shear pins may fail prematurely. We are issuing this AD to
prevent premature elevator PCU shear pin failure. If all pins fail
on one elevator, the elevator surface would become inoperative,
which could reduce the controllability of the airplane and could
result in a loss of redundancy for flutter prevention.

(f) Compliance

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

(g) Repetitive Replacements

    Within 6,600 flight hours or 48 months after the effective date
of this AD, whichever occurs first: Replace the elevator PCU shear
pins, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 601R-55-008, Revision B, dated March 12,
2014. Repeat the replacement thereafter at intervals not to exceed
6,600 flight hours or 48 months from the most recent replacement,
whichever occurs first.

(h) Optional Method for Replacement

    Replacing the elevator PCU shear pins, using a method approved
by the Manager, New York ACO, ANE-170, Engine and Propeller
Directorate, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO); is a
method of compliance for any replacement required by paragraph (g)
of this AD. If approved by the DAO, the approval must include the
DAO-authorized signature.

    Note 1 to paragraph (h) of this AD:  Guidance for doing
replacements specified in paragraph (h) of this AD may be found in
Task 5-21-27-960-802 of the Canadair Regional Jet Model CL-600-2B19
Aircraft Maintenance Manual, CSP A-001, Revision 49, dated May 10,
2014.

(i) 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 the service information identified in
paragraph (i)(1), (i)(2), or (i)(3) of this AD, which are not
incorporated by reference in this AD.
    (1) Bombardier Service Bulletin 601R-55-008, dated July 12,
2013.
    (2) Bombardier Service Bulletin 601R-55-008, Revision A, dated
January 8, 2014.

    (3) Task 55-21-27-960-802 of the Canadair Regional Jet Model CL-
600-2B19 Aircraft Maintenance Manual, CSP A-001, Revision 49, dated
May 10, 2014.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO,
ANE-170, Engine and Propeller Directorate, FAA; or Transport Canada
Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval
Organization (DAO). If approved by the DAO, the approval must
include the DAO-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2014-04, dated January
13, 2014, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0175-0002.
    (2) Service information identified in this AD that is not
incorporated by reference may be viewed at the addresses specified
in paragraphs (l)(3) and (l)(4) of this AD.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 601R-55-008, Revision B, dated
March 12, 2014.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 15, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-19976 Filed 8-26-14; 8:45 am]
BILLING CODE 4910-13-P


Comment Info: =================

General Comment:I would like to request an extension of the comment period for the proposed ruling that would deem tobacco products to be subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. I am requesting that the comment period be extended to 180 days in total.

This proposed rule addresses quite a few issues that I find important and that will directly affect me being that I am a consumer of products that may be regulated under this rule. This proposed rule asks in the neighborhood of a  hundred different questions.  I would like to have the opportunity to provide my thoughts and comments on many of these issues, but I find the time given to respond does not offer enough time to devote to researching and providing thoughtful comments on these important questions. I have spent many hours researching these issues, but this is a lengthy process.  It took the FDA years to even come up with the proposed rule, so I do not think it is at all unrealistic to allow the public six months to comment on it. This will be my only opportunity, as a consumer, to provide this type of feedback.

I feel very strongly about electronic cigarettes as an alternative to smoking tobacco combustible cigarettes. Quite simply, this is the ONLY product that has been able to help me and my reliance on tobacco in more than 20 years. My health has greatly improved and even my personal doctor and surgeon have applauded my progress because of these products.  I wish to submit my personal story, and be able to back it up with science, medical and statistical evidence.  I want my answers to the questions proposed to be verifiable so that you can take my comment into account.   I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that they have done so on numerous occasions in the past. I would therefore ask that you do so here, so that all who wish to, will have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Notices]
[Page 77579]
[FR Doc No: 2023-24910]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER24-335-000]

ATNV Energy, LP; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
ATNV Energy, LP's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 27, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: November 6, 2023..
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-24910 Filed 11-9-23; 8:45 am]
BILLING CODE 6717-01-P