[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Rules and Regulations]
[Pages 30768-30770]
[FR Doc No: 2021-12042]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1170; Project Identifier MCAI-2020-00720-R;
Amendment 39-21575; AD 2021-11-13]
RIN 2120-AA64

Airworthiness Directives; Bell Textron Canada Limited Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Bell Textron Canada Limited (Bell) Model 429 helicopters. This AD
requires inspecting certain serial-numbered Emergency Flotation System
(EFS) inflation hoses and depending on the results of those
inspections, marking certain parts or removing certain parts from
service. This AD was prompted by a report that a float compartment on
an EFS did not inflate. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective July 15, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of July 15, 2021.

ADDRESSES: For Safran Aerosystems Services service information
identified in this final rule, contact Bell Textron Canada Limited,
12,800 Rue de l'Avenir, Mirabel, Quebec J7J1R4; telephone<PHONE_NUMBER>
or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at https://www.bellcustomer.com.
You may view the referenced service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. It is also available on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-1170.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-1170; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
Transport Canada AD, any service information that is incorporated by
reference, any comments received, and other information. The street
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, AD Program Manager,
Operational Safety Branch, Airworthiness Products Section, General
Aviation & Rotorcraft Unit, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR

part 39 by adding an AD that would apply to Bell Model 429 helicopters
with a Bell EFS kit part number (P/N) 429-706-069-101/-103/-105/-121/-
123/-125/-139/-141/-143/or -157 manufactured before July 2019, with a
float supply hose manufactured before January 2014, installed, except
for float supply hoses marked with ``SB 025-69-21'' above the external
identification marking. The NPRM published in the Federal Register on
March 23, 2021 (86 FR 15434). In the NPRM, the FAA proposed to require
within 100 hours time-in-service (TIS), removing each EFS supply hose
and inspecting each end (also referred to as fitting or banjo) of the
EFS supply hose using a certain plastic cable tie, and depending on the
results of those inspections, removing from service certain parts and
replacing those parts with airworthy parts. The NPRM also proposed to
require marking a green dot on the base of certain supply hoses and
writing ``SB 025-69-21'' above the external identification marking of
the EFS with indelible ink. Finally, the NPRM proposed to prohibit
installing any EFS supply hose manufactured before January 2014 unless
it has been inspected in accordance with the NPRM. The NPRM was
prompted by Canadian AD CF-2020-21R1, issued August 19, 2020 (Transport
Canada AD CF-2020-21R1), by Transport Canada, which is the aviation
authority for Canada, to correct an unsafe condition for all serial-
numbered Bell Model 429 helicopters. Transport Canada advises that
during maintenance on an EFS, the third compartment of the left forward
float did not inflate. Transport Canada also advises that an
investigation determined the supply hose for the gas flow from the
pressurized cylinder to the float compartment was blocked due to a
manufacturing defect. Bell advised that similar supply hoses are
installed on various EFS part numbers, which could be installed on
different helicopter type designs. Transport Canada further advises
that this condition, if not detected and corrected, could result in
partial inflation of the EFS during an emergency landing on water,
preventing a timely egress from the helicopter, and injury to
helicopter occupants.
    Accordingly, Transport Canada AD CF-2020-21R1 requires a one-time
special detailed inspection of the affected system to verify that there
is no blockage through the EFS supply hoses and replacement, as
required, of the affected supply hoses. Transport Canada AD CF-2020-
21R1 also renders any affected EFS supply hoses not eligible as a
replacement part on Bell Model 429 helicopters.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    These helicopters have been approved by the aviation authority of
Canada and are approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with Canada, Transport Canada, its
technical representative, has notified the FAA of the unsafe condition
described in its AD. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on these
helicopters.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Safran Aerosystems Services Service Bulletin No.
025-69-21, Revision 00, dated March 23, 2020 (SB 025-69-21). SB 025-69-
21 is attached to Bell Alert Service Bulletin No. 429-20-52, dated
March 30, 2020 (ASB 429-20-52). SB 025-69-21 is incorporated by
reference in this AD. ASB 429-20-52 is not incorporated by reference in
this AD. SB 025-69-21 specifies, for certain EFSs manufactured before
July 2019, and any float supply hose manufactured before January 2014,
performing a special inspection to verify that there is no blockage
through the float supply hoses of the EFS inflation system.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Differences Between This AD and the Transport Canada AD

    The Transport Canada AD requires compliance within 600 hours air
time or within the next 24-month inspection of the EFS, whichever
occurs first, whereas this AD requires compliance within 100 hours TIS.
The Transport Canada AD limits the applicability to certain EFS supply
hoses listed in SB 025-69-21, whereas this AD applies to certain EFS
supply hoses manufactured before January 2014 but excludes EFS supply
hoses marked with ``SB 025-69-21.''

Costs of Compliance

    The FAA estimates that this AD affects 110 helicopters of U.S.
Registry and that operators may incur the following costs in order to
comply with this AD. Labor costs are estimated at $85 per work-hour.
    Removing and inspecting each EFS supply hose will take about 0.75
work-hour, for an estimated cost of $64 per hose.
    Installing or replacing each EFS supply hose will take about 0.10
work-hour with a minimal parts cost, for an estimated cost of $9 per
hose.
    Marking each EFS supply hose with a green dot and the applicable
service bulletin number will take a minimal amount of time at a nominal
cost.
    According to Safran's service information, some of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected individuals. The FAA does not control warranty coverage by
Safran; accordingly, all costs are included in this cost estimate.

Authority for This Rulemaking

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

Regulatory Findings

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

under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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:

2021-11-13 Bell Textron Canada Limited: Amendment 39-21575; Docket
No. FAA-2020-1170; Project Identifier MCAI-2020-00720-R.

(a) Applicability

    This airworthiness directive (AD) applies to Bell Textron Canada
Limited (Bell) Model 429 helicopters, certificated in any category,
with a Bell Emergency Flotation System (EFS) kit part number (P/N)
429-706-069-101/-103/-105/-121/-123/-125/-139/-141/-143/or -157
manufactured before July 2019, with a float supply hose manufactured
before January 2014, installed, except for float supply hoses marked
with ``SB 025-69-21'' above the external identification marking.

(b) Unsafe Condition

    This AD defines the unsafe condition as a blocked float supply
hose installed on an EFS. This condition could result in partial
inflation of an EFS float during an emergency landing on water and
subsequently preventing a timely egress from the helicopter.

(c) Effective Date

    This AD is effective July 15, 2021.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) Within 100 hours time-in-service (TIS):
    (i) Remove each EFS supply hose from the float and inspect each
end of the EFS supply hose by inserting a plastic cable tie, 300 mm
minimum x 5 mm maximum (11.811 in. minimum x .196 in. maximum), into
the holes of the related fitting as shown in Figure 1 of Safran
Aerosystems Services Service Bulletin No. 025-69-21, Revision 00,
dated March 23, 2020 (SB 025-69-21).
    Note 1 to paragraph (e)(1)(i): Each end of the supply hose may
also be referred to as fitting or banjo.
    (ii) If the cable tie does not pass through the hose, before
further flight, remove the EFS supply hose from service and replace
it with an airworthy part.
    (iii) If the cable tie passes through the supply hose, mark a
green dot with indelible ink on the base of the supply hose and
write ``SB 025-69-21'' above the external identification marking of
the EFS with indelible ink.
    (2) As of the effective date of this AD, do not install an EFS
supply hose manufactured before January 2014 on any helicopter
unless the requirements in paragraph (e)(1) of this AD have been
completed.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (g)(1) of
this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(g) Related Information

    (1) For more information about this AD, contact Matt Fuller, AD
Program Manager, Operational Safety Branch, Airworthiness Products
Section, General Aviation & Rotorcraft Unit, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    (2) The subject of this AD is addressed in Transport Canada AD
CF-2020-212R1, dated August 19, 2020. You may view the Transport
Canada AD on the internet at https://www.regulations.gov in Docket
No. FAA-2020-1170.

(h) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference 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 the AD specifies otherwise.
    (i) Safran Aerosystems Services Service Bulletin No. 025-69-21,
Revision 00, dated March 23, 2020 (SB 025-69-21).
    Note 2 to paragraph (h)(2)(i): SB 025-69-21 is attached to Bell
Alert Service Bulletin No. 429-20-52, dated March 30, 2020, which is
not incorporated by reference in this AD.
    (ii) [Reserved]
    (3) As the design approval holder for the product identified in
paragraph (a) of this AD, contact Bell Textron Canada Limited for
the Safran Aerosystems Services service information identified in
this AD, at Bell Textron Canada Limited, 12,800 Rue de l'Avenir,
Mirabel, Quebec J7J1R4; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
450-433-0272; or at https://www.bellcustomer.com.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (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, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 18, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-12042 Filed 6-9-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 1, 2010 (Volume 75, Number 230)]
[Rules and Regulations]
[Page 74624-74628]
[DOCID:fr01de10-8]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0113-201016(a); FRL-9234-4]

Approval and Promulgation of Implementation Plans; Georgia: Stage
II Vapor Recovery

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
Georgia State Implementation Plan (SIP), submitted by the Georgia
Environmental Protection Division (GA EPD) on September 26, 2006, with
a clarifying revision submitted on November 6, 2006. The September 26,
2006, submittal includes multiple modifications to Georgia's Air
Quality Rules found at Chapter 391-3-1. Previously, EPA took action on
the majority of the September 26, 2006, submittal in an action
published in the Federal Register on February 9, 2010. In today's
action, EPA is addressing only the portion of the September 26, 2006,
submittal that relates to revisions to Georgia's Stage II gasoline
vapor recovery rule at 391-3-1-.02(zz). These revisions are part of
Georgia's strategy to meet the national ambient air quality standards
(NAAQS). EPA has determined that these revisions are consistent with
the December 12, 2006, EPA memorandum from Stephen D. Page entitled
Removal of Stage II Vapor Recovery in Situations Where Widespread Use
of Onboard Refueling Vapor Recovery is Demonstrated. EPA is approving
Georgia's SIP revisions pursuant to section 110 of the Clean Air Act
(CAA or Act).

DATES: This direct final rule is effective January 31, 2011 without
further notice, unless EPA receives adverse comment by January 3, 2011.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number, ``EPA-
R04-OAR-2007-0113,'' by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2007-0113,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
    Instructions: Direct your comments to Docket ID Number, ``EPA-R04-
OAR-2007-0113.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit through http:/
/www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jane Spann, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9029. Ms. Spann can also be reached via electronic mail at
<EMAIL_ADDRESS>
Table of Contents

I. Background
II. CAA and Georgia SIP Provisions
III. Analysis of Georgia's SIP Revisions
IV. Final Action
V. Statutory and Executive Order Reviews

SUPPLEMENTARY INFORMATION:

I. Background

A. Georgia's Submittals

    On September 26, 2006, with a clarifying revision submitted on
November 6, 2006, GA EPD submitted proposed SIP revisions to EPA for
review and approval into the Georgia SIP. The September 26, 2006,
submittal

included multiple modifications to Georgia's Air Quality Rules found at
Chapter 391-3-1. Previously, EPA took action on the majority of the
September 26, 2006, submittal in an action published in the Federal
Register on February 9, 2010, which approved revisions to rules 391-3-
1-.01(llll), 391-3-1-.01(nnnn), 391-3-1-.-02(2)(d), 391-3-1-.02(2)(tt),
391-3-1-.02(2)(yy), 391-3-1-.02(2)(rrr), 391-3-1-.02(4), 391-3-
1-.02(5), 391-3-1-.03(6)(b), 391-3-1-.03(6)(j), 391-3-1-.03(11)(b)3(i),
391-3-1-.03(11)(b)5(i), and 391-3-1-.05. 75 FR 6309. In today's action,
EPA is approving only the portion of the September 26, 2006, submittal
(as clarified in a November 6, 2006, submittal) that relates to
revisions to Georgia's Stage II gasoline vapor recovery rule at 391-3-
1-.02(2)(zz).
    Action on the remaining portions of the September 26, 2006, SIP
revision is still under consideration, and will be addressed in
separate actions. EPA is not acting on revisions to rules 391-3-
1-.01(qqqq), 391-3-1-.02(2)(mmm), 391-3-1-.02(6)(a), 391-3-1-.03(6)(g),
and 391-3-1-.03(6)(i) at this time. EPA is also not taking action on
revisions to rule 391-3-1-02(2)(ooo), as Georgia has submitted a
revised version of this rule. Additionally, EPA is not acting on
revisions to rules 391-3-1-.02(ppp), 391-3-1-.02(8)(a), 391-3-1-.02(9),
391-3-1-.03(9), 391-3-1-.03(10)(b)2, 391-3-1-.03(10)(e)(6), and 391-3-
1-.03(10)(g)2, as they are not part of the Federally-approved SIP.

B. Atlanta Area Ozone NAAQS Status \1\
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    \1\ While this section focuses on the ozone status for the
Atlanta Area, EPA considered the Atlanta Area's status with regard
to the other NAAQS in evaluating this revision.
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    Effective January 6, 1992, 13 counties in and around Atlanta,
Georgia (Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Henry, Paulding and Rockdale) were
designated ``serious'' nonattainment for the 1-hour ozone NAAQS
(hereafter referred to as the ``Atlanta 1-Hour Area''). 56 FR 56694.
The original attainment date for the Atlanta 1-Hour Area to attain the
1-hour ozone NAAQS was no later than November 15, 1999. However, the
Atlanta 1-Hour Area did not attain the 1-hour ozone NAAQS by that time.
Because Atlanta failed to attain the 1-hour ozone NAAQS by November 15,
1999, EPA issued a final rulemaking action on September 26, 2003 (68 FR
55469) determining that, by operation of law, the Atlanta 1-Hour Area
was being reclassified as a severe ozone nonattainment area effective
January 1, 2004. Subsequently, effective June 14, 2005, the Atlanta 1-
Hour Area was redesignated to attainment for the 1-hour ozone NAAQS. 70
FR 34660.
    Before being redesignated to attainment for the 1-hour ozone NAAQS
however, effective June 15, 2004, the original 13 counties, and an
additional 7 surrounding counties (Bartow, Barrow, Carroll, Hall,
Newton, Spalding, and Walton),\2\ were designated as a ``marginal''
ozone nonattainment for the 1997 8-hour ozone NAAQS (hereafter referred
to as the ``Atlanta 1997 8-Hour Ozone Area''). 69 FR 23858. The Atlanta
1997 8-Hour Ozone Area was initially classified ``marginal'' based on a
design value of 0.091 parts per million (ppm) with an attainment date
of June 15, 2007. The Atlanta 1997 8-Hour Ozone Area failed to attain
the 1997 8-hour ozone NAAQS by the June 15, 2007, deadline.
Subsequently, on March 6, 2008, the Atlanta 1997 8-Hour Ozone Area was
reclassified from a ``marginal'' to ``moderate'' 8-hour ozone
nonattainment area. The Atlanta 1997 8-Hour Ozone Area remains
designated as moderate ozone nonattainment area, and has a 2007-2009
design value of 0.087 ppm.\3\
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    \2\ The 20 county area designated nonattainment for the 1997 8-
hour ozone NAAQS consists of Cherokee, Clayton, Cobb, Coweta,
Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding
and Rockdale, Bartow, Barrow, Carroll, Hall, Newton, Spalding, and
Walton--will be referred to as the ``Atlanta 1997 8-Hour Ozone
Area'' throughout this rulemaking.
    \3\ The primary and secondary ozone ambient air quality
standards (for the 1997 8-hour ozone NAAQS) are met at an ambient
air quality monitoring site when the 3-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentration is
less than or equal to 0.08 ppm. See 40 CFR part 50, Appendix I.
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    Effective May 27, 2008, EPA strengthened the 8-hour ozone NAAQS by
revising it to 0.075 ppm. 73 FR 16436. Consistent with a directive of
the new Administration regarding the review of new and pending
regulations, the Administrator reviewed a number of actions that were
taken by the previous Administration. 74 FR 4435. The 2008 8-hour ozone
NAAQS final rule was included in this review. Based on EPA's
reconsideration, on January 19, 2010, EPA proposed to set different
primary and secondary ozone NAAQS than those set in 2008, to provide
requisite protection of public health and welfare, respectively. 75 FR
2938. Initially, EPA expected these NAAQS to become final by August 31,
2010, but now expects them to be finalized later in 2010. Today's
rulemaking does not address requirements for the revised or
reconsidered 2008 or proposed 2010 8-hour ozone NAAQS.

II. CAA and Georgia SIP Provisions

A. Gasoline Vapor Recovery Provisions

    Georgia's Stage II gasoline vapor recovery rule prohibits any
person from constructing or reconstructing a gasoline dispensing
facility unless the ``facility is equipped and operating with a vapor
recovery system to recover the displacement vapors from the vehicle's
gasoline storage tank.'' Rule 391-3-1-.02(2)(zz)(1). The vapor recovery
system must have a demonstrated 95 percent by weight or greater
volatile organic compound (VOC) control efficiency, as demonstrated by
California Air Resources Board (CARB), or equivalent test procedures
and methods. Rule 391-3-1-.02(2)(zz)(3).
    Today's action approves revisions to Georgia's Stage II gasoline
vapor recovery rule at 391-3-1-.02(2)(zz). This rule was initially
developed by the State of Georgia, and submitted to EPA for approval to
comply with Section 182 of the CAA. Section 182(b)(3) of the CAA calls
for States with ``moderate'' ozone nonattainment areas to submit
revisions to their SIPs requiring all owners or operators of gasoline
dispensing systems to install and operate a system for gasoline vapor
recover of emissions from the fueling of motor vehicles. 42 U.S.C.
7511a(b)(3). Sections 182(c), 182(d) and 182(e) of the CAA apply this
requirement to States with ``serious,'' ``severe'' and ``extreme''
ozone nonattainment areas as well. 42 U.S.C. Sec.  7511a(c), (d), and
(e). Accordingly, as a serious ozone nonattainment area, Georgia
submitted its initial Stage II gasoline vapor recovery rule at 391-3-
1-.02(2)(zz) on November 13, 1992, to EPA for initial approval. EPA
approved Georgia's gasoline vapor rule into the Georgia SIP on February
2, 1996. 61 FR 3819.

B. CAA Onboard Refueling Vapor Recovery (ORVR) Provisions

    Generally speaking, the scheme set up by the CAA anticipates that
ORVR may replace Stage II systems. VOC emissions, which are precursors
of ozone, are emitted by fueling vehicles but these emissions are
mitigated by both Stage II vapor recovery systems and by use of
vehicles equipped with ORVR. Both ORVR and Stage II systems operate to
control VOC emissions during motor vehicle fueling. Stage II vapor
recovery systems are installed at the gasoline dispensing facility,
while ORVR is installed within the motor vehicle itself.
    The Stage II vapor recovery provisions of CAA section 182(b)(3)
``shall not apply'' to ``moderate'' ozone nonattainment areas after EPA

promulgates ORVR standards. 42 U.S.C. 7521(a)(6). According to 40 CFR
51.905(a)(1)(i), Atlanta remains subject to the obligation to implement
the applicable requirements as defined in 51.900(f) which include Stage
II Vapor Recovery (51.900(f)(5)), except as provided in 40 CFR
51.905(b). 40 CFR 51.905(b) requires that a State remain subject to
Stage II Vapor Recovery (and other 51.900(f) requirements) until the
area attains the 8-hour NAAQS. After the area attains the 8-hour NAAQS,
the State may request such obligations be shifted to contingency
measures, consistent with sections 110(l) and 193 of the CAA; however,
the State cannot remove the obligations from the SIP. As stated
earlier, since Georgia is not ``removing the obligation'' but is
instead revising the Stage II requirements for a certain portion of the
fleet, as explained in this direct final rule, this revision is
consistent with 40 CFR 51.905(a)(1)(i).
    On April 6, 1994, EPA issued final regulations requiring the phase-
in of ORVR emissions control systems on new motor vehicles, requiring a
minimum of 95 percent evaporative emission capture efficiency. 59 FR
16262. For ozone nonattainment areas classified as ``serious'' or
above, the CAA allows EPA to revise or waive the Section 182(b)(3)
Stage II gasoline vapor recovery rules, after determining ORVR
emissions control systems are in widespread use throughout the motor
vehicle fleet. 42 U.S.C. Sec.  7521(a)(6). This determination of
widespread use has not yet been made for the entire fleet; however, EPA
has issued a guidance on December 12, 2006, entitled Removal of Stage
II Vapor Recovery in Situations Where Widespread Use of Onboard
Refueling Vapor Recovery is Demonstrated. More discussion on how this
guidance relates to today's action can be found in section II.B.3 of
this rulemaking. While this action is supported by EPA's policies
regarding ORVR, the revision must also meet the requirements of CAA
section 110(l). See below for more information on CAA section 110(1)
and its relation to Georgia's SIP revision.

C. CAA Section 110(l)

    EPA's primary consideration for determining the approvability of
Georgia's request is whether this requested action complies with
section 110(l) of the CAA which states:

    Plan Revision--Each revision to an implementation plan submitted
by a State under this chapter shall be adapted by such State after
reasonable notice and public hearing. The Administrator shall not
approve a revision of a plan if the revision would interfere with
any applicable requirement concerning attainment and reasonable
further progress (as defined in section 7501 of this title), or any
other applicable requirement of this chapter.

Thus, while ``moderate'' ozone nonattainment areas are not required to
implement Stage II vapor recovery programs after promulgation of ORVR
standards, if these areas already have Stage II vapor recovery programs
in the SIPs, such programs cannot be revised or removed unless the
revision or removal of such program from the SIP would not interfere
with any applicable requirement concerning attainment and reasonable
further progress or any other applicable requirement under the CAA. 42
U.S.C. 7410(l). EPA's March 9, 1993, memorandum entitled Impact of the
Recent Onboard Decision on Stage II Requirements in Moderate
Nonattainment Areas, states ``When onboard rules are promulgated, a
State may withdraw its stage II rules for moderate areas from the SIP
(or from consideration as a SIP revision) consistent with its
obligation under sections 182(b)(3) and 202(a)(6), so long as
withdrawal will not interfere with any other applicable requirement of
the Act.'' While Georgia's SIP revisions do not remove Stage II
requirements for the Atlanta ozone moderate area, it does revise the
Stage II requirements for a certain portion of the fleet.

III. Analysis of Georgia's SIP Revisions

    On September 26, 2006, GA EPD submitted a proposed SIP revision to
EPA for approval into the Georgia SIP. A clarifying revision was
submitted on November 6, 2006. The first change being proposed for
approval today is to Georgia Air Quality Rule 391-3-
1-.02(2)(zz)3(i)(1). If certain conditions are met, this change will
allow certification of Stage II equipment using certification
procedures other than the CARB procedures, as previously required.
Today, EPA is also taking action to approve the component of the
September 26, 2006, submittal (as clarified in the November 6, 2006,
submittal) that modifies Georgia Air Quality Rule, Chapter 391-3-1-.02,
paragraph (2) ``Emission Limitations and Standards,'' subparagraph (zz)
``Gasoline Dispensing Facilities--Stage II.'' As explained above, this
rule was initially approved by EPA into the Georgia SIP on February 2,
1996, and requires owners or operators of gasoline dispensing systems
to install and operate Stage II gasoline vapor recovery systems to
recover the vapors from the fueling of motor vehicles. The current
Georgia Air Quality Rule at 391-3-1-.02(2)(zz)2, exempts facilities
used exclusively for the re-fueling of vehicles equipped with ORVR
equipment. This exemption is being expanded today to cover initial
fueling as well. Now, facilities used exclusively for the initial
fueling and/or re-fueling of vehicles equipped with ORVR equipment are
exempt. EPA's analysis of these two changes is discussed below.

A. Federal Requirements for Stage II

    As previously mentioned in this rulemaking, States were required to
adopt Stage II rules for all areas classified as ``moderate'' or worse
under section 182(b)(3) of the CAA. However, section 202(a)(6) of the
CAA states that ``the requirements of section 182(b)(3) (relating to
Stage II gasoline vapor recovery) for areas classified under section
181 as moderate for ozone shall not apply after promulgation of such
standards.'' ORVR regulations were issued by EPA on April 6, 1994. See
59 FR 16262, 40 CFR 86.001 and 40 CFR 86.098). As a result, the CAA no
longer requires moderate areas to impose Stage II controls under
section 182(b)(3), and such areas may seek SIP revisions to remove such
requirements from their SIP, subject to section 110(l) of the Act.

B. Section 110(l) Noninterference Demonstration

    Under CAA section 110(l), Stage II vapor recovery programs cannot
be revised or removed unless it is demonstrated that revision or
removal of such program from the SIP would not interfere with any
applicable requirement concerning attainment and reasonable further
progress or any other applicable requirement under the CAA. 42 U.S.C.
7410(l). While Georgia's September 26, 2006, and November 6, 2006, SIP
revisions are not requesting the withdrawal of its Stage II rule for
the Atlanta Area, these SIP revisions are requesting revisions to
Georgia's Stage II requirements, and thus these revisions must be shown
to satisfy 110(l) of the CAA.
1. CAA Section 110(l) Demonstration for Revision to Georgia Air Quality
Rule 391-3-1-.02(2)(zz)(3)--CARB
    Georgia's September 26, 2006, revision changes Georgia Air Quality
Rule 391-3-1-.02(2)(zz)(3) to allow mixing of equipment components
under separate, non-CARB certification procedures when supported by the
manufacturer or independent third-party certification that the
configuration meets or exceeds the applicable performance standards and
has received prior written approval by GA EPD. The State has requested
the rule change to allow the maintenance of existing Stage II systems
with certified components by

a third party other than CARB. This change is needed because the CARB
discontinued its certification of Stage II components upon
implementation of a new vapor recovery system in California. Many
components of California's new vapor recovery system are not compatible
with Stage II systems. Stage II components that need replacing may not
be able to be replaced with components from California's new vapor
recovery system. Since CARB discontinued certification of Stage II
components, it takes a third party or manufacturer to test and verify
Stage II systems. This rule change will enable existing Stage II
systems in Georgia to be maintained and have components replaced as
needed, without having to convert the entire systems from Stage II to
California's new vapor recovery system. The change requires Stage II
components to continue to be certified, but allows certification
through a third party, or through the manufacturer, upon prior written
approval by GA EPD. This rule change is approvable because it merely
allows for third party certification other than CARB and no emissions
changes are expected to result from this revision.
2. CAA Section 110(l) Demonstration for Revision to Georgia Air Quality
Rule 391-3-1-.02(2)(zz)(1)--Initial Fueling of Vehicles With ORVR
    The revisions being approved today exclude from Georgia's Stage II
vapor recovery program the initial fueling of vehicles equipped with
ORVR, stating ``[t]he requirements of this subsection shall not apply
to facilities * * * used exclusively for the initial fueling and/or re-
fueling of vehicles equipped with onboard refueling vapor recovery
(ORVR) equipment.'' Georgia Air Quality Rule 391-3-1-.02(2)(zz)(1)
(underlined text is being added to current rule). Georgia has confirmed
that 100 percent of vehicles contemplated by their rule for initial
refueling would be equipped with ORVR.
    This SIP revision is approvable because all the vehicles whose
initial fueling is being excluded from Stage II vapor recovery rules
are equipped with ORVR, an equivalent vapor recovery system. Both Stage
II and ORVR systems must demonstrate a 95 percent or greater VOC
control efficiency; thus, there will be no increase in emissions as a
result of these SIP revisions. Therefore, these revisions will not
interfere with any applicable requirement concerning attainment and
reasonable further progress or any other applicable requirement under
the CAA.
3. EPA Guidance on Widespread ORVR Use
    These revisions are consistent with EPA guidance set forth in a
December 12, 2006 memorandum from Stephen D. Page entitled Removal of
Stage II Vapor Recovery in Situations Where Widespread Use of Onboard
Refueling Vapor Recovery is Demonstrated (Page Memorandum). In relevant
part, the Page Memorandum states that if a SIP revision demonstrates
that 95 percent of the new vehicles fueled at an automobile assembly
plant are equipped with ORVR, and that this level of ORVR use would not
decrease, then EPA can determine that widespread use of ORVR has been
achieved for the fleet of motor vehicles that are fueled at that
facility. Page Memorandum, page 2. The December 12, 2006, memorandum
also explains that ``any EPA SIP approval would also be subject to the
CAA section 110(l) requirement that the revision not interfere with any
applicable requirement concerning attainment and reasonable further
progress, or any other requirement of the CAA.'' December 12, 2006,
memorandum, page 3. As explained above, for ozone nonattainment areas
``worse'' than ``moderate,'' the CAA allows EPA to revise or waive the
Section 182(b)(3) Stage II gasoline vapor recovery rules, after
determining ORVR emissions control systems are in widespread use
throughout the motor vehicle fleet. 42 U.S.C. 7521(a)(6).
    Georgia revised its Stage II vapor recovery rules to exclude
initial fueling of motor vehicles equipped with ORVR. Under Georgia's
changes, the only vehicles excluded from Stage II vapor recovery rules
are vehicles equipped with ORVR. Because 100 percent of the vehicles
subject to Georgia's rule changes, the criteria for widespread use for
this fleet of vehicles is achieved. Georgia's rule changes for Stage II
are consistent with the CAA, implementing regulations, guidance,
including the Page Memorandum, and EPA's action in other similar
situations. See 74 FR 26103 (approving removal of Stage II vapor
control requirements for new and upgraded gasoline dispensing
facilities in southeast Florida area); and 71 FR 52464 (approving
removal of Stage II vapor recovery systems at Ford's Chicago Assembly
Plant).

IV. Final Action

    EPA is taking direct final action to approve into the Georgia SIP,
the aforementioned revisions to Georgia's Stage II vapor recovery rule
at 391-3-1-.02(2)(zz), submitted by GA EPD on September 26, 2006, and
November 6, 2006. Today's revisions exclude initial fueling of motor
vehicles equipped with ORVR from the Stage II vapor recovery rules; and
allows mixing of Stage II equipment components under separate, non-CARB
certification procedures when supported by the manufacturer or
independent third-party certification that the configuration meets or
exceeds the applicable performance standards and has received prior
written approval by GA EPD. These revisions are consistent with EPA
guidance and the CAA.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective January 31, 2011
without further notice unless the Agency receives adverse comments by
January 3, 2011.
    If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on January 31, 2011 and no
further action will be taken on the proposed rule.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
Tribal governments or preempt Tribal law.

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 31, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: November 10, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart L--Georgia

0
2. Section 52.570(c) is amended by revising the entry for ``391-3-
1-.02(2)(zz)'' to read as follows:

Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                                    State
       State citation           Title/Subject     effective  EPA approval date             Explanation
                                                    date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
391-3-1-.02(2)(zz)..........  Gasoline               1/9/05  12/1/10 [Insert    Exemption for initial fueling of
                               Dispensing                     citation of        vehicles equipped with ORVR
                               Facility--Stage                publication].      from Stage II requirements;
                               II.                                               allowing mixing of Stage II
                                                                                components when supported by
                                                                                third party certification and
                                                                                prior written approval of GA
                                                                                EPD.

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

* * * * *
[FR Doc. 2010-30119 Filed 11-30-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Notices]
[Pages 25862-25863]
[FR Doc No: 2017-11500]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80805; File No. SR-FINRA-2017-015]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of a Proposed Rule Change To Amend
FINRA Rule 7730 To Make Available a New End-of-Day TRACE Transaction
File

May 30, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 18, 2017, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to amend FINRA Rule 7730 to make available a new
End-of-Day TRACE Transaction File.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    Rule 7730 (Trade Reporting and Compliance Engine (TRACE)), among
other things, sets forth the TRACE data products offered by FINRA in
connection with TRACE-Eligible Securities.\3\ FINRA is proposing to
amend Rule 7730 to make available a new End-of-Day TRACE Transaction
File to provide interested parties with a simpler means of receiving
all of the transaction information disseminated each trading day as
part of Real-Time TRACE transaction data.\4\
---------------------------------------------------------------------------

    \3\ Rule 6710 (Definitions) provides that a ``TRACE-Eligible
Security'' is a debt security that is United States (``U.S.'')
dollar-denominated and issued by a U.S. or foreign private issuer,
and, if a ``restricted security'' as defined in Securities Act Rule
144(a)(3), sold pursuant to Securities Act Rule 144A; or is a debt
security that is U.S. dollar-denominated and issued or guaranteed by
an Agency as defined in paragraph (k) or a Government-Sponsored
Enterprise as defined in paragraph (n); or a U.S. Treasury Security
as defined in paragraph (p). ``TRACE-Eligible Security'' does not
include a debt security that is issued by a foreign sovereign or a
Money Market Instrument as defined in paragraph (o).
    \4\ FINRA currently makes available a Real-Time TRACE
transaction data product, which provides subscribers with access to
all disseminated transactions as they are reported throughout the
trading day. Real-time data is delivered via a NASDAQ Multicast
feed. To receive the feed, firms must connect either directly to
NASDAQ, via an extranet connection, or through a retransmission
vendor. Some market participants have indicated that a simpler
alternative that allows them to receive transaction information once
a day in an end-of-day file would be useful.
---------------------------------------------------------------------------

    The data elements to be included in the proposed End-of-Day TRACE
Transaction File would be the same as those disseminated in Real-Time
TRACE transaction data, and the proposed End-of-Day TRACE Transaction
File would be separately available for each data set for which Real-
Time TRACE transaction data is available (i.e., the Corporate Bond Data
Set, Agency Data Set, SP Data Set, and Rule 144A Data Set). Subscribers
to the End-of-Day TRACE Transaction File would access the product daily
after the TRACE system closes.\5\
---------------------------------------------------------------------------

    \5\ FINRA intends to establish a fee for the End-of-Day TRACE
Transaction File prior to the effective date of the instant proposed
rule change. The fee will be established pursuant to a separate rule
filing.
---------------------------------------------------------------------------

    If the Commission approves the proposed rule change, FINRA will
announce the effective date of the proposed rule change in a Regulatory
Notice. The effective date will be no later than 365 days following SEC
approval.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\6\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in

general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    Pursuant to the proposal, FINRA would make available to subscribers
an optional End-of-Day TRACE Transaction File that would include all
transaction data disseminated that day as part of Real-Time TRACE
transaction data for TRACE-Eligible Securities. FINRA believes that the
proposed End-of-Day TRACE Transaction File provides a simpler
alternative to the Real-Time TRACE transaction data product, which
provides transparency information on the price and size of transactions
in TRACE-Eligible Securities, and may be useful to interested parties
that do not require intra-day, real-time transaction data on TRACE-
Eligible Securities. Thus, FINRA believes that the proposed rule change
is in the public interest and consistent with the Act.

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

    FINRA does not believe that the proposed rule change would result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
Economic Impact Analysis
    FINRA's existing Real-Time TRACE data product provides transaction
data for the following Data Sets: Corporate Bond Data Set, Agency Data
Set, SP Data Set, and Rule 144A Data Set. As detailed above, FINRA is
proposing to create an End-of-Day TRACE Transaction File that would
include all transaction data disseminated that day as part of Real-Time
TRACE transaction data, and would be separately available for each data
set for which Real-Time TRACE transaction data is available. The
proposal to create an End-of-Day TRACE Transaction File would not
impose any additional reporting requirements or costs on firms, and the
purchase of TRACE data products would continue to be optional for
market participants and others and, as a result, would have no direct
impact on firms.

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

    Written comments were neither solicited nor received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2017-015 on the subject line.

Paper Comments

     Send paper comments in triplicate to Robert W. Errett,
Deputy Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2017-015. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-FINRA-2017-015 and should be
submitted on or before June 26, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Eduardo A. Aleman,
Assistant Secretary.
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2017-11500 Filed 6-2-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Proposed Rules]
[Page 68379]
[FR Doc No: 2016-23838]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0291; FRL-9952-12-Region 9]

Approval of California Air Plan Revisions, Sacramento
Metropolitan Air Quality Management District and San Diego County Air
Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Sacramento Metropolitan Air Quality Management
District (SMAQMD) and the San Diego County Air Pollution Control
District (SDCAPCD) portions of the California State Implementation Plan
(SIP). These revisions concern volatile organic compound (VOC)
emissions from architectural coatings. We are proposing to approve
local rules and a rule rescission to regulate these emission sources
under the Clean Air Act (CAA or the Act).

DATES: Any comments on this proposal must arrive by November 3, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0291 at http://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the Web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Arnold Lazarus, EPA Region IX, (415)
972-3024<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA. This proposal addresses the following local
rules: SMAQMD Rule 442, SDCAPCD Rule 67.0 (rescinded) and SDCAPCD Rule
67.0.1 (the replacement rule). In the Rules and Regulations section of
this Federal Register, we are approving these local rules and rule
rescission in a direct final action without prior proposal because we
believe these SIP revisions are not controversial. If we receive
adverse comments, however, we will publish a timely withdrawal of the
direct final rule and address the comments in subsequent action based
on this proposed rule.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: August 24, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-23838 Filed 10-3-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 64 (Thursday, April 3, 2014)]
[Rules and Regulations]
[Pages 18619-18622]
[FR Doc No: 2014-07317]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0975; Directorate Identifier 2013-NM-082-AD;
Amendment 39-17813; AD 2014-06-09]
RIN 2120-AA64

Airworthiness Directives; ATR--GIE Avions de Transport
R[eacute]gional Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2009-18-18 for
certain ATR--GIE Avions de Transport R[eacute]gional Model ATR42 and
ATR72 airplanes. AD 2009-18-18 required repetitive inspections for
damage and absence of repair of the cockpit forward side windows, and
replacement if necessary. This new AD requires repetitive detailed
inspections of the cockpit forward side window for damage and
discrepancies; and replacement if necessary. Replacing both cockpit
forward side windows with approved windows terminates the repetitive
detailed inspections. This new AD also expands the applicability of AD
2009-18-18. The actions required by AD 2009-18-18 are not required by
this AD. This AD was prompted by reports of a cockpit forward right-
hand side blow out during flight. We are issuing this AD to detect and
correct air/water leakage of the cockpit forward side window, which
could lead to rapid cabin decompression, resulting in loss of control
of the airplane.

DATES: This AD becomes effective May 8, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 8, 2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0975; 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 PPG Aerospace service information identified in this AD,
contact PPG Aerospace, 12780 San Fernando Road, Sylmar, CA 91342;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; Internet: http://corporateportal.ppg.com/na/aerospace.
    For ATR service information identified in this AD, contact ATR--GIE
Avions de Transport R[eacute]gional, 1, All[eacute]e Pierre Nadot,
31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; fax +33
(0) 5 62 21 67 18; email<EMAIL_ADDRESS>Internet
http://www.aerochain.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 425-
227-1221.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA 1601
Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>; fax
(425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2009-18-18, Amendment 39-16014 (74 FR 46336,
September 9, 2009). AD 2009-18-18 applied to certain ATR--GIE Avions de
Transport R[eacute]gional Model ATR42 and ATR72 airplanes. The NPRM
published in the Federal Register on November 27, 2013 (78 FR 70892).
The NPRM was prompted by reports of a cockpit forward right-hand side
blow out during flight. The NPRM proposed to require repetitive
detailed inspections of the cockpit forward side window for damage and
discrepancies; and replacement if necessary. Replacing both cockpit
forward side windows with approved windows would terminate the
repetitive detailed inspections. The NPRM also proposed to expand the
applicability of AD 2009-18-18. The actions required by AD 2009-18-18
are not required by the NPRM. We are issuing this AD to detect and
correct air/water leakage of the cockpit forward side window, which
could lead to rapid cabin decompression, resulting in loss of control
of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0087, dated April 9, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all ATR--GIE Avions
de Transport R[eacute]gional Model ATR42-200, -300, -320, and -500
airplanes; and Model ATR72-101, -201, -102, -202, -211, -212, and -212A
airplanes; all manufacturer serial numbers. The MCAI states:

    In 2009, a Left-Hand (LH) forward side glass window of an ATR
72-212 aeroplane blew out while performing a ground pressure test.
The investigation results revealed some anomalies on the forward
side window at the level of the z-bar on the windows external side
and at the level of the inner retainer on the windows internal side.
Such anomalies are considered as precursors of this kind of failure.
Air or water leakages between the z-bar and the outer glass ply, or
between the inner retainer and inner glass ply indicate the presence
of deteriorating structural components in the window.
    Neither ATR nor PPG Aerospace have authorized repairs on the
window z-bar or z-bar sealant. Any attempted repairs on these
forward side window z-bars and/or z-bar sealants could lead to a
similar event as described above.
    In-flight loss of a forward side window would cause rapid cabin
decompression, possibly resulting in flight crew incapacitation and
consequent reduced control, or loss of control of the aeroplane, and
cause the risk of injury to persons on the ground. The loss of a
forward side window while the aeroplane is on the ground, due to
differential cabin pressure, could result in injury to aeroplane
occupants or to persons outside the aeroplane.
    To address this potential unsafe condition, EASA issued AD 2009-
0159-E [dated July 20, 2009] (http://ad.easa.europa.eu/blob/easa_ad_2009_0159E_superseded.pdf/EAD_2009-0159-E_1) [which
corresponds to FAA AD 2009-18-18, Amendment 39-116014 (74 FR 46336,
September 9, 2009)] to require repetitive inspections of the
affected LH and right-hand (RH) cockpit forward side glass windows
and, in case discrepancies are found as defined in PPG Aerospace
Service Bulletin (SB) NP-158862-001, the replacement of the
window(s).
    Since that [EASA] AD was issued, a cockpit forward RH-side
window blew out during flight on an ATR72-212 aeroplane. Degradation
of the window is considered to have been the cause for this failure.
    * * * [T]his [EASA] AD * * * requires to accomplish the
[detailed] inspections in accordance with the instructions of
Revision 1 of PPG Aerospace SB NP-158862-001, which provides more
information on examples of [damaged and] discrepant conditions.
    This [EASA] AD also requires the removal from service of the
affected Part Number (P/N) NP158862-1 and P/N NP158862-2 cockpit
forward side windows, which constitutes terminating action for the
repetitive inspections required by this AD.

The corrective action is replacing windows, if damage and discrepancies
are found. Damage and discrepancies to detect during the inspection
include z-bar existing sealant repair, z-bar deformation, separation or
gap in the sealant bond between the retainer and inner glass ply, z-bar
deformation and retainer gap at same location, or z-bar deformation and
retainer gap in window corner. You may examine the MCAI in the AD
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0975-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (78 FR 70892, November 27,
2013) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (78 FR 70892, November 27, 2013) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 70892, November 27, 2013).

Costs of Compliance

    We estimate that this AD affects 43 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                    Labor cost         Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Detailed Inspection.............  1 work-hour x $85                $0   $85 per inspection   $3,655 per
                                   per hour = $85 per                    cycle.               inspection cycle.
                                   inspection cycle.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement..................................  4 work-hours x $85 per hour =           $18,546          $18,886
                                                $340.
----------------------------------------------------------------------------------------------------------------

    Where the service information lists required parts costs that are
covered under warranty, we have assumed that there will be no charge
for these costs. As we do not control warranty coverage for affected
parties, some parties may incur costs higher than estimated here.

Paperwork Reduction Act

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

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0975; 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 removing Airworthiness Directive (AD)
2009-18-18, Amendment 39-16014 (74 FR 46336, September 9, 2009), and
adding the following new AD:

2014-06-09 ATR--GIE Avions de Transport R[eacute]gional: Amendment
39-17813. Docket No. FAA-2013-0975; Directorate Identifier 2013-NM-
082-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 8, 2014.

(b) Affected ADs

    This AD supersedes AD 2009-18-18, Amendment 39-16014 (74 FR
46336, September 9, 2009).

(c) Applicability

    This AD applies to all ATR--GIE Avions de Transport
R[eacute]gional Model ATR42-200, -300, -320, and -500 airplanes; and
Model ATR72-101, -201, -102, -202, -211, -212, and -212A airplanes;
certificated in any category; all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 56, Windows.

(e) Reason

    This AD was prompted by reports of a cockpit forward right-hand
side blow out during flight. We are issuing this AD to detect and
correct air/water leakage of the cockpit forward side window, which
could lead to rapid cabin decompression, resulting in loss of
control of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Inspections

    For airplanes that are equipped with any PPG Aerospace cockpit
forward side glass window having part number (P/N) NP158862-1 or P/N
NP158862-2: At the applicable time specified in paragraph (g)(1) or
(g)(2) of this AD, do a detailed inspection of the cockpit forward
side window to detect any damage and discrepancies (z-bar existing
sealant repair, z-bar deformation, separation or gap in the sealant
bond between the retainer and inner glass ply, z-bar deformation and
retainer gap at same location, or z-bar deformation and retainer gap
in window corner), in accordance with the Accomplishment
Instructions of PPG Aerospace Component Service Bulletin NP-158862-
001 Revision 1, dated January 10, 2013. Repeat the inspection
thereafter at intervals not to exceed 550 flight hours or 750 flight
cycles, whichever occurs first, except as required by paragraph (h)
of this AD.
    (1) For windows for which the total flight cycles can be
established, inspect within 2,000 flight cycles since first
installation of the cockpit forward side window, or within 10 days
after the effective date of this AD, whichever occurs later.
    (2) For windows for which the total flight cycles cannot be
established, inspect before the accumulation of 2,000 total flight
cycles on the airplane, or within 10 days after the effective date
of this AD, whichever occurs later.

(h) Conditions for Reduced Interval

    If any of the conditions specified in paragraphs (h)(1), (h)(2),
and (h)(3) of this AD is found during any inspection required by
paragraph (g) of this AD, reduce the interval of each subsequent
inspection as required by paragraph (g) of this AD to 50 flight
cycles or 7 days, whichever occurs later.
    (1) Sealant separation between the z-bar and the outer glass
ply, with depth less than 4 millimeter (mm) (0.160 inches (in)).
    (2) Sealant separation between the inboard retainer and inner
glass ply, with depth less than 7.5 mm (0.300 in) and cumulative
length less than 300 mm (12.000 in).
    (3) Window showing both sealant separation between the z-bar and
the outer ply, and separation between inboard retainer and inner
glass ply, common to the same hole location with a length less than
225 mm (8.860 in), and not covering the entire arc of a window
corner.

(i) Replacement

    If, during any inspection required by this AD, any damage or
discrepant condition, as defined in PPG Aerospace Component Service
Bulletin NP-158862-001 Revision 1, dated January 10, 2013 (z-bar
existing sealant repair, z-bar deformation, separation or gap in the
sealant bond between the retainer and inner glass ply, z-bar
deformation and retainer gap at same location, or z-bar deformation
and retainer gap in window corner), is found, except for the
conditions specified in paragraph (h)(1), (h)(2), or (h)(3) of this
AD, before further pressurized flight or within 10 days after the
inspection, whichever occurs first, replace the affected window(s)
using a method approved by the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the European Aviation
Safety Agency (EASA) (or its delegated agent, or the Design Approval
Holder (DAH) with EASA design organization approval). For a
replacement method to be approved, the repair must specifically
refer to this AD.

    Note 1 to paragraph (i) of this AD:  Guidance for unpressurized
flight conditions and limitations can be found in ATR Master Minimum
Equipment List (MMEL) item 21-30-1 and Dispatch Deviation Guide
(DDG) item 21-30-1.(4).

    Note 2 to paragraph (i) of this AD:  Guidance for the
replacement required by paragraph (i) of this AD can be found in
ATR42/72 Job Instruction Card airplane maintenance manual (AMM) JIC
56-12-00 RAI 10000.

(j) Reporting Requirement

    Submit a report of the findings of the inspection required by
paragraph (g) of this AD to ATR techdesk, 1 ALLEE PIERRE NADOT,
31712 BLAGNAC CEDEX, France, phone: +33 (0)5 62 21 62 21; fax: +33
(0)5 62 21 67 18; email<EMAIL_ADDRESS>and PPG Aerospace, ATTN:
Andrew Troller, P.O. Box 2200, Huntsville, AL 35811 USA, phone: 1-
256-859-2500 ext. 2544; fax 1-256-859-8155; email<EMAIL_ADDRESS>
at the applicable time specified in paragraph (j)(1) or (j)(2) of
this AD. The report must include the information specified in PPG
Aerospace Service Bulletin NP-158862-001, Revision 1, dated January
10, 2013.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

(k) Window Replacement Provisions

    Replacing only the affected window, as required by paragraph (i)
of this AD, with a cockpit forward side window having P/N NP158862-1
left-hand (LH) or P/N NP158862-2 right-hand (RH), as applicable, is
not terminating action for the repetitive inspections required by
this AD.

(l) Terminating Action

    Within 72 months after the effective date of this AD, replace
each PPG Aerospace P/N NP-158862-1 LH and P/N NP-158862-2 RH cockpit
forward side window with an approved cockpit forward side window.
Replacing both PPG Aerospace P/N NP158862-1 LH and P/N NP158862-2 RH
cockpit forward side windows with approved windows is a terminating
action for the repetitive inspections required by this AD.
Replacement windows and procedures for their installation must be
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the EASA (or its delegated agent, by
the DAH with EASA design organization approval).

(m) Parts Installation Prohibition

    As of 72 months after the effective date of this AD, no person
may install any PPG Aerospace cockpit forward side window having P/N
NP158862-1 LH or P/N NP158862-2 RH on any airplane.

(n) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to

approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
International Branch, send it to ATTN: Tom Rodriguez, Aerospace
Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA 1601 Lind Avenue SW., Renton, WA 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer, use these actions if they
are FAA-approved. Corrective actions are considered FAA-approved if
they were approved by the State of Design Authority (or its
delegated agent, or the DAH with a State of Design Authority's
design organization approval). For a repair method to be approved,
the repair approval must specifically refer to this AD. You are
required to ensure the product is airworthy before it is returned to
service.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2013-0087, dated April 9, 2013,
for related information. You may examine the MCAI in the AD docket
on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0975-0002.
    (2) For ATR service information identified in this AD that is
not incorporated by reference in this AD, contact ATR--GIE Avions de
Transport R[eacute]gional, 1, All[eacute]e Pierre Nadot, 31712
Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; fax +33 (0)
5 62 21 67 18; email<EMAIL_ADDRESS>Internet http://www.aerochain.com. 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<PHONE_NUMBER>.

(p) 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) PPG Aerospace Component Service Bulletin NP-158862-001
Revision 1, dated January 10, 2013.
    (ii) Reserved.
    (3) For service information identified in this AD, contact PPG
Aerospace, 12780 San Fernando Road, Sylmar, CA 91342; phone: 818 362
6711; fax:<PHONE_NUMBER>; Internet: http://corporateportal.ppg.com/na/aerospace.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on March 14, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-07317 Filed 4-2-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 13, 2008 (Volume 73, Number 93)]
[Notices]
[Page 27530-27531]
[DOCID:fr13my08-32]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13113-000]

Hydro Green Energy, LLC; Notice of Application Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Protests

May 6, 2008.
    Take notice that the following hydroelectric applications have been
filed with the Commission and are available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: P-13113-000.
    c. Date Filed: February 8, 2008.
    d. Applicant: Hydro Green Energy, LLC.
    e. Name of the Project: New York 2 Project.
    f. Location: The project would be located on the Niagara River in
Niagara County, New York. The project uses no dam or impoundment.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Wayne F. Krouse, Chairman & CEO, Hydro
Green Energy, LLC, 5090 Richmond Avenue 390, Houston, TX
77056,<PHONE_NUMBER>, Fax<PHONE_NUMBER>.
    i. FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Comments, protests, and

interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-13113-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project would consist of:
(1) 54 proposed Hydro Green Energy, LLC generating units having a total
installed capacity of 7-megawatts, (2) a proposed 2,000 to 5,000-foot-
long 6.7-kV transmission line, and (3) appurtenant facilities. The
project would have an average annual generation of 552.7-gigawatt-hours
and be sold to a local utility.
    l. Location of Application: A copy of the application is available
for inspection and reproduction at the Commission in the Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at 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. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    o. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    p. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies Under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov
under the ``e-Filing'' link.
    s. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', and ``MOTION TO INTERVENE'', as applicable, and the
Project Number of the particular application to which the filing
refers. Any of the above-named documents must be filed by providing the
original and the number of copies provided by the Commission's
regulations to: The Secretary, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426. An additional copy must be
sent to Director, Division of Hydropower Administration and Compliance,
Federal Energy Regulatory Commission, at the above-mentioned address. A
copy of any notice of intent, competing application or motion to
intervene must also be served upon each representative of the Applicant
specified in the particular application.
    t. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-10614 Filed 5-12-08; 8:45 am]

BILLING CODE 6717-01-P