[Federal Register Volume 78, Number 13 (Friday, January 18, 2013)]
[Rules and Regulations]
[Pages 4042-4047]
[FR Doc No: 2013-00897]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0724; Directorate Identifier 2010-NM-181-AD;
Amendment 39-17299; AD 2012-26-04]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD)
for certain The Boeing Company Model 757-200, -200PF, and -200CB series
airplanes powered by Rolls-Royce engines. That AD currently requires
repetitive inspections of the shim installation between the drag brace
fitting vertical flange and bulkhead, and repair if necessary; for
certain airplanes, an inspection for cracking of the four critical
fastener holes in the horizontal flange, and repair if necessary; and,
for airplanes without conclusive records of previous inspections,
performing the existing actions. This new AD reduces the repetitive
inspection interval; adds repetitive detailed inspections for cracking
of the bulkhead, and repair if necessary; allows an extension of the
repetitive intervals for certain airplanes by also doing repetitive
ultrasonic inspections for cracking of the bulkhead, and repair if
necessary; and provides an option for a high frequency eddy current
inspection for cracking of the critical fastener holes, and repair if
necessary. This action also adds a terminating action for certain
repetitive inspections. This AD was prompted by reports of loose
fasteners and cracks at the joint common to the aft torque bulkhead and
strut-to-diagonal brace fitting, and one report of such damage
occurring less than 3,000 flight cycles after the last inspection. We
are issuing this AD to detect and correct cracks, loose and broken
bolts, and shim migration in the joint between the aft torque bulkhead
and the strut-to-diagonal brace fitting, which could result in damage
to the strut and consequent separation of the strut and engine from the
airplane.

DATES: This AD is effective February 22, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of February 22,
2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of August
24, 2007 (72 FR 44753, August 9, 2007).

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; phone:<PHONE_NUMBER>,
extension 1; fax:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document 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 20590.

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, Seattle Aircraft Certification Office (ACO),
FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone 425-
917-6440; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 to supersede airworthiness directive (AD) 2008-05-
10, Amendment 39-15404 (73 FR 11347, March 3, 2008). (AD 2008-05-10
superseded AD 2007-16-13, Amendment 39-15152 (72 FR 44753, August 9,
2007); and AD 2007-16-13 superseded AD 2005-12-04, Amendment 39-14120
(70 FR 34313, June 14, 2005).) AD 2008-05-10 applies to the specified
products. The SNPRM published in the Federal Register on June 21, 2012
(77 FR 37332). The original NPRM (76 FR 52901, August 24, 2011)
proposed to continue to require repetitive inspections of the shim
installation between the engine strut vertical flange and bulkhead, and
repair if necessary. That NPRM also proposed to continue to require,
for certain airplanes, inspecting for cracking of the four critical
fastener holes in the horizontal flange, and repair if necessary; and,
for airplanes without conclusive records of previous inspections,
performing the existing actions. Additionally, that NPRM proposed to
reduce the repetitive inspection interval, add repetitive detailed
inspections for cracking of the bulkhead, and repair if necessary;
extend the repetitive intervals for certain airplanes by also doing
repetitive ultrasonic inspections for cracking of the bulkhead, and
repair if necessary; and add an option for a high frequency eddy
current inspection for cracking of the critical fastener holes, and
repair if necessary. The SNPRM proposed to add a terminating action for
certain repetitive inspections.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 37332, June 21, 2012) and the FAA's response to each comment.

Support for the SNPRM (77 FR 37332, June 21, 2012)

    United Airlines (United) stated that it has 41 Model 757-200
airplanes affected by the SNPRM (77 FR 37332, June 21, 2012). United
stated that, in general, it concurs with the SNPRM to mandate the
inspections and modifications described in Boeing Alert Service
Bulletin 757-54A0047, Revision 5, dated June 9, 2011.
    UPS stated that it concurs with the reduced inspection interval
specified in the SNPRM (77 FR 37332, June 21, 2012), as it provides
additional opportunity beyond that required by AD 2008-05-10, Amendment
39-15404 (73 FR 11347, March 3, 2008), to find and correct any damage.

Request To Change Compliance Time

    United requested that we remove the 54-month compliance time in
favor of only a 9,000 airplane-cycle limit for the modification
specified in paragraph (o) of the SNPRM (77 FR 37332, June 21, 2012).
United stated that the 54-month compliance time does not align with
current 72-month heavy check intervals at United. United stated that it
understands the related bulkhead cracking to be a fatigue related
failure, thus negating the need for a calendar driven modification
limit. United stated it believes that the currently mandated repetitive
inspection limits, in conjunction with a 9,000-airplane-cycle mandated
modification limit only, would provide a safe program that would allow
for a controlled implementation that minimizes the negative financial
impact to operators.
    We disagree with the request to change the specified compliance
time. We have determined that the 54-month compliance time (grace
period), as specified in Boeing Alert Service Bulletin 757-54A0047,
Revision 5, dated June 9, 2011, is necessary to adequately address the
identified unsafe condition. This structure has been the subject of AD
2008-05-10, Amendment 39-15404 (73 FR 11347, March 3, 2008); which
superseded AD 2007-16-13, Amendment 39-15152 (72 FR 44753, August 9,
2007); which superseded AD 2005-12-04, Amendment 39-14120 (70 FR 34313,
June 14, 2005). In each of these ADs, the results from the new
inspection found more damage than anticipated, and more frequent and
complicated inspections were needed.
    In developing an appropriate compliance time for the modification
specified in paragraph (o) of this AD, we considered the safety
implications, the time necessary to design an acceptable modification,
and normal maintenance schedules for timely accomplishment of the
modification. In light of these items, we have determined that a 54-
month compliance time (grace period) is appropriate. However, under the
provisions of paragraph (q) of this AD, we will consider requests for
approval of an extension of the compliance time if sufficient data are
submitted to substantiate that the extension would provide an
acceptable level of safety. We have not changed the AD in this regard.

Request To Change Terminating Action

    UPS requested that the terminating action proposed in the SNPRM (77
FR 37332, June 21, 2012) be optional in lieu of continued reduced
interval inspections, and the terminating action be required only if
the reduced interval inspections find cracks or other damage at the
fitting.
    We do not agree to change the required terminating action specified
in this AD because this portion of the Model 757 pylon has been the
subject of AD 2008-05-10, Amendment 39-15404 (73 FR 11347, March 3,
2008); which superseded AD 2007-16-13, Amendment 39-15152 (72 FR 44753,
August 9, 2007); which superseded AD 2005-12-04, Amendment 39-14120 (70
FR 34313, June 14, 2005). In each of these ADs, results from the new,
more frequent, and more complicated inspections showed more damage than
anticipated. Under the provisions of paragraph (q) of this AD, we will
consider requests for approval of alternative methods of compliance
(AMOC) if sufficient data are submitted to substantiate that continued
inspections without the terminating action can mitigate the identified
unsafe condition. We have not changed the AD in this regard.

Request To Specify Certain Section of Service Information

    Boeing requested that we specifically call out Part V of the
Accomplishment Instructions of Boeing Alert Service Bulletin 757-
54A0047, Revision 5, dated June 9, 2011, in paragraph (o) of the SNPRM
(77 FR 37332, June 21, 2012) to prevent misinterpretation in that
paragraph because it is different than all other locations in the
SNPRM.
    We agree to specify Part V in paragraph (o) of this AD, as
requested by Boeing, since doing so will help prevent
misinterpretation. We have changed paragraph (o) of this AD to specify
PART V of the Accomplishment Instructions of Boeing Alert Service
Bulletin 757-54A0047, Revision 5, dated June 9, 2011.

Request To Change Paragraph Header

    Boeing requested that we revise the header of paragraph (g) of the
SNPRM (77 FR 37332, June 21, 2012), by deleting ``With Reduced
Repetitive Intervals and New Optional Inspection Method.'' Boeing
stated that there are no repetitive inspection requirements in
paragraph (g) of the SNPRM.
    We agree to modify the specified header, since the repetitive
inspection is specified in paragraph (h) of this AD. We have removed
the words ``Reduced Repetitive Intervals and New Optional Inspection
Interval'' from the header of paragraph (g) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously--and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
SNPRM (77 FR 37332, June 21, 2012) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM (77 FR 37332, June 21, 2012).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 309 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Part I inspection on fasteners     28 work-hours x $85              $0  $2,380 per           $735,420 per
 and shims--vertical flange         per hour = $2,380                    inspection cycle.    inspection cycle.
 [retained actions from AD 2008-    per inspection
 05-10, Amendment 39-15404 (73 FR   cycle.
 11347, March 3, 2008)].

Part II inspection on fasteners--  6 work-hours x $85                0  $510 per inspection  $157,590 per
 horizontal flange [retained        per hour = $510                      cycle.               inspection cycle.
 actions from AD 2008-05-10,        per inspection
 Amendment 39-15404 (73 FR 11347,   cycle.
 March 3, 2008)].
Part IV inspection on critical     6 work-hours x $85                0  $510 per inspection  $157,590 per
 fasteners--horizontal flange       per hour = $510                      cycle.               inspection cycle.
 [retained action from AD 2008-05-  per inspection
 10, Amendment 39-15404 (73 FR      cycle.
 11347, March 3, 2008)].
Part II additional inspection on   10 work-hours x $85               0  $850 per inspection  $262,650 per
 fasteners--horizontal flange       per hour = $850                      cycle.               inspection cycle.
 [new action].                      per inspection
                                    cycle.
Part IV inspection on critical     8 to 22 work-hours                0  $680 to $1,870 per   $210,120 to
 fasteners--horizontal flange       x $85 per hour =                     inspection cycle.    $577,830 per
 [new action].                      $680 to $1,870 per                                        inspection cycle.
                                    inspection cycle.
Part V fastener replacement        Up to 37 work-hours             750  Up to $3,895 per     Up to $1,203,555
 flange [new action].               x $85 per hour =                     strut.               per strut.
                                    $3,145 per strut.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

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 have 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 DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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)
2008-05-10, Amendment 39-15404 (73 FR 11347, March 3, 2008), and adding
the following new AD:

2012-26-04 The Boeing Company: Amendment 39-17299; Docket No. FAA-
2011-0724; Directorate Identifier 2010-NM-181-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective February 22,
2013.

(b) Affected ADs

    This AD supersedes AD 2008-05-10, Amendment 39-15404 (73 FR
11347, March 3, 2008).

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200PF, and
-200CB series airplanes; certificated in any category; line numbers
1 through 1048 inclusive; powered by Rolls-Royce engines.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 54, Nacelles/Pylons.

(e) Unsafe Condition

    This AD was prompted by reports of loose fasteners and cracks at
the joint common to the aft torque bulkhead and strut-to-diagonal
brace fitting, and one report of such damage occurring less than
3,000 flight cycles after the last inspection. We are issuing this
AD to detect and correct cracks, loose and broken bolts, and shim
migration in the joint between the aft torque bulkhead and the
strut-to-diagonal brace fitting, which could result in damage to the
strut and consequent separation of the strut and engine from the
airplane.

(f) Compliance

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

(g) Retained One-Time Inspection and Repair With Optional Inspection
Method

    This paragraph restates the one-time inspection and repair
required by paragraph (g) of AD 2008-05-10, Amendment 39-15404 (73
FR 11347, March 3, 2008), with optional inspection method and
revised service information. For airplanes identified in paragraphs
(g)(1) and (g)(2) of this AD: Within 90 days after August 24, 2007
(the effective date of AD 2007-16-13, Amendment 39-15152 (72 FR
44753, August 9, 2007)), do a high frequency eddy current (HFEC)
inspection for cracking of the four critical fastener holes in the
horizontal flange and, before further flight, do all applicable
repairs, in accordance with Part IV of the Accomplishment
Instructions of Boeing Alert Service Bulletin 757-54A0047, Revision
3, dated June 27, 2007; Boeing Alert Service

Bulletin 757-54A0047, Revision 4, dated June 24, 2010; or Boeing
Alert Service Bulletin 757-54A0047, Revision 5, dated June 9, 2011;
except as required by paragraph (i)(3) of this AD. As of the
effective date of this AD, only Boeing Alert Service Bulletin 757-
54A0047, Revision 5, dated June 9, 2011, may be used to accomplish
the actions required by this paragraph. Doing an ultrasonic
inspection for cracking of the fasteners, in accordance with Part IV
of the Accomplishment Instructions of Boeing Alert Service Bulletin
757-54A0047, Revision 4, dated June 24, 2010; or Boeing Alert
Service Bulletin 757-54A0047, Revision 5, dated June 9, 2011; is an
acceptable method of compliance with the HFEC inspection requirement
of this paragraph.
    (1) Airplanes on which findings on the horizontal or vertical
fasteners or the shims led to a rejection of any fastener during the
actions specified in Boeing Alert Service Bulletin 757-54A0047,
dated November 13, 2003; or Boeing Service Bulletin 757-54A0047,
Revision 1, dated March 24, 2005.
    (2) Airplanes that had equivalent findings prior to the actions
specified in Boeing Alert Service Bulletin 757-54A0047, dated
November 13, 2003, except for findings on airplanes identified as
Group 1, Configuration 2, in Boeing Alert Service Bulletin 757-
54A0047, Revision 3, dated June 27, 2007, that were prior to the
incorporation of Boeing Service Bulletin 757-54-0035.

(h) Retained Repetitive Inspection and Repair With Reduced Interval

    This paragraph restates the repetitive inspections and repair
required by paragraph (h) of AD 2008-05-10, Amendment 39-15404 (73
FR 11347, March 3, 2008), with reduced repetitive intervals and
revised service information. At the applicable initial times
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 757-54A0047, Revision 3, dated June 27, 2007, except as
required by paragraphs (i)(1) and (i)(2) of this AD: Do the
inspections specified in paragraphs (h)(1), (h)(2), and (h)(3) of
this AD, and, before further flight, do all the applicable related
investigative actions and repairs, by doing all the actions
specified in Parts I and II of the Accomplishment Instructions of
Boeing Alert Service Bulletin 757-54A0047, Revision 3, dated June
27, 2007; or by doing all the actions specified in Part I, and in
Step 2 of Part II, of the Accomplishment Instructions of Boeing
Alert Service Bulletin 757-54A0047 Revision 4, dated June 24, 2010,
or Boeing Alert Service Bulletin 757-54A0047, Revision 5, dated June
9, 2011, except as required by paragraph (i)(3) of this AD. As of
the effective date of this AD, only Boeing Alert Service Bulletin
757-54A0047, Revision 5, dated June 9, 2011, may be used to
accomplish the actions required by this paragraph. Repeat the
inspections required by this paragraph at the times specified in
paragraph (h)(4) of this AD.
    (1) Do detailed inspections of the shim installations between
the vertical flange and bulkhead to determine if there are signs of
movement.
    (2) Do detailed inspections of the four fasteners in the
vertical flange to determine if there are signs of movement or if
there are gaps under the head or collar.
    (3) Do detailed inspections of the fasteners that hold the strut
to the horizontal flange of the strut-to-diagonal brace fitting to
determine if there are signs of movement or if there are gaps under
the head or collar.
    (4) Repeat the inspections required by paragraph (h) of this AD
at the earlier of the times specified in paragraphs (h)(4)(i) and
(h)(4)(ii) of this AD. Thereafter, repeat the inspections at
intervals not to exceed the applicable intervals specified in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
757-54A0047, Revision 5, dated June 9, 2011.
    (i) At intervals not to exceed the applicable intervals
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 757-54A0047, Revision 3, dated June 27, 2007.
    (ii) At intervals not to exceed the applicable intervals
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 757-54A0047, Revision 5, dated June 9, 2011, or within 90
days after the effective date of this AD, whichever occurs later.

(i) Retained Exceptions To Alert Service Bulletin Procedures

    This paragraph restates the exceptions to alert service bulletin
procedures specified in paragraphs (i), (j), and (k) of AD 2008-05-
10, Amendment 39-15404 (73 FR 11347, March 3, 2008), with revised
service information.
    (1) Where Boeing Alert Service Bulletin 757-54A0047, Revision 3,
dated June 27, 2007, specifies a compliance time relative to ``the
date on this service bulletin,'' this AD requires compliance within
the corresponding specified time relative to the effective date of
AD 2007-16-13, Amendment 39-15152 (72 FR 44753, August 9, 2007).
    (2) Where Boeing Alert Service Bulletin 757-54A0047, Revision 3,
dated June 27, 2007, specifies a compliance time relative to the
``date of issuance of airworthiness certificate,'' this AD requires
compliance within the corresponding time relative to the date of
issuance of the original standard airworthiness certificate or the
date of issuance of the original export certificate of
airworthiness.
    (3) If any crack is found during any inspection required by this
AD, and Boeing Alert Service Bulletin 757-54A0047, Revision 3, dated
June 27, 2007; Boeing Alert Service Bulletin 757-54A0047, Revision
4, dated June 24, 2010; or Boeing Alert Service Bulletin 757-
54A0047, Revision 5, dated June 9, 2011; specifies to contact Boeing
for appropriate action: Before further flight, repair the crack
using a method approved in accordance with the procedures specified
in paragraph (q) of this AD.

(j) Retained Inspection/Repair for Airplanes for Which There Are No
Conclusive Inspection Records

    This paragraph restates the inspection and repair requirements
for airplanes for which there are no conclusive inspection records,
as required by paragraph (l) of AD 2008-05-10, Amendment 39-15404
(73 FR 11347, March 3, 2008), with revised service information. For
airplanes for which there are no conclusive records showing no loose
or missing fasteners during previous inspections done in accordance
with the requirements of AD 2007-16-13, Amendment 39-15152 (72 FR
44753, August 9, 2007); or AD 2005-12-04, Amendment 39-14120 (70 FR
34313 June 14, 2005): Do the actions specified in paragraphs (j)(1)
and (j)(2) of this AD, at the times specified in those paragraphs,
as applicable.
    (1) Within 90 days after March 18, 2008 (the effective date of
AD 2008-05-10, Amendment 39-15404 (73 FR 11347, March 3, 2008)), do
the actions specified in paragraph (g) of this AD, except as
required by paragraph (i)(3) of this AD.
    (2) At the applicable initial times specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 757-54A0047,
Revision 3, dated June 27, 2007, do the actions specified in
paragraph (h) of this AD, except as required by paragraphs (i)(2)
and (k) of this AD. And, before further flight, do all applicable
related investigative actions and repairs, by doing all the actions
specified in Parts I and II of the Accomplishment Instructions of
Boeing Alert Service Bulletin 757-54A0047, Revision 3, dated June
27, 2007; or in Part 1 and in Step 2 of Part II of the
Accomplishment Instructions of Boeing Alert Service Bulletin 757-
54A0047, Revision 4, dated June 24, 2010, or Boeing Alert Service
Bulletin 757-54A0047, Revision 5, dated June 9, 2011; except as
required by paragraph (i)(3) of this AD. As of the effective date of
this AD, only Boeing Alert Service Bulletin 757-54A0047, Revision 5,
dated June 9, 2011, may be used to accomplish the actions required
by this paragraph. Repeat the actions specified in paragraph (h) of
this AD at the times specified in paragraph (h)(4) of this AD.

(k) Retained Additional Exception To Alert Service Bulletin Procedures

    This paragraph restates the exception to alert service bulletin
procedures required by paragraph (m) of AD 2008-05-10, Amendment 39-
15404 (73 FR 11347, March 3, 2008). Where Boeing Alert Service
Bulletin 757-54A0047, Revision 3, dated June 27, 2007, specifies a
compliance time relative to ``the date on this service bulletin,''
this AD requires compliance within the corresponding specified time
relative to March 18, 2008 (the effective date of AD 2008-05-10).

(l) Retained Acceptable Method of Compliance with Certain Requirements
of AD 2004-12-07, Amendment 39-13666 (69 FR 33561 June 16, 2004)

    This paragraph restates an acceptable method of compliance with
certain requirements of AD 2004-12-07, Amendment 39-13666 (69 FR
33561 June 16, 2004), specified by paragraph (p) of AD 2008-05-10,
Amendment 39-15404 (73 FR 11347, March 3, 2008). Accomplishing the
actions specified in paragraphs (g) and (h) of this AD terminates
the requirements specified in paragraphs (b) and (d) of AD 2004-12-
07.

(m) New Repetitive Inspections and Repair

    At the applicable initial compliance times specified in
paragraph (n) of this AD: Do the applicable actions specified in
paragraph (m)(1) or (m)(2) of this AD, in accordance with Step 3 of
Part II of the Accomplishment Instructions of Boeing Alert Service
Bulletin 757-54A0047, Revision 4, dated June 24, 2010; or Boeing
Alert Service Bulletin 757-54A0047, Revision 5, dated June 9, 2011.
If no cracking is found, repeat the inspections thereafter at
intervals not to exceed the applicable intervals specified in
paragraph 1.E., ``Compliance,'' of the Accomplishment Instructions
of Boeing Alert Service Bulletin 757-54A0047, Revision 5, dated June
9, 2011. If any crack is found during any inspection required by
this paragraph, before further flight, repair the crack using a
method approved in accordance with the procedures specified in
paragraph (q) of this AD.
    (1) For Group 1, Configuration 1 airplanes identified in Boeing
Alert Service Bulletin 757-54A0047, Revision 5, dated June 9, 2011:
Do the actions specified in paragraph (m)(1)(i) or (m)(1)(ii) of
this AD.
    (i) Do a detailed inspection for cracking of the bulkhead in the
area around the access door cutout and around the critical fasteners
in the horizontal flange.
    (ii) Do a detailed inspection for cracking of the bulkhead in
the area around the access door cutout and around the critical
fasteners in the horizontal flange, and do an ultrasonic inspection
for cracking of the bulkhead around the fasteners in the horizontal
flange. Doing the actions in this paragraph extends the repetitive
intervals of the inspections required by paragraph (n) of this AD.
    (2) For Group 1, Configuration 2 airplanes; and Group 2
airplanes; identified in Boeing Alert Service Bulletin 757-54A0047,
Revision 5, dated June 9, 2011: Do a detailed inspection for
cracking of the bulkhead in the area around the access door cutout
and around the critical fasteners in the horizontal flange.

(n) New Compliance Times for Paragraph (m) of This AD

    At the applicable times specified in paragraphs (n)(1) and
(n)(2) of this AD, do the actions required by paragraph (m) of this
AD.
    (1) For Group 1, Configuration 1 airplanes identified in Boeing
Alert Service Bulletin 757-54A0047, Revision 5, dated June 9, 2011:
At the later of the times specified in paragraph (n)(1)(i) or
(n)(1)(ii) of this AD.
    (i) Within 1,800 flight cycles after accomplishing the most
recent inspection required by paragraph (h) or (j) of this AD.
    (ii) Within 90 days after the effective date of this AD.
    (2) For Group 1, Configuration 2 airplanes; and Group 2
airplanes; identified in Boeing Alert Service Bulletin 757-54A0047,
Revision 5, dated June 9, 2011: At the later of the times specified
in paragraph (n)(2)(i) or (n)(2)(ii) of this AD.
    (i) Within 3,000 flight cycles after accomplishing the most
recent inspection required by paragraph (h) or (j) of this AD.
    (ii) Within 90 days after the effective date of this AD.

(o) New Terminating Action for Certain Airplanes: Fastener Replacement

    For Group 1, Configuration 2 airplanes; and Group 2 airplanes;
as identified in Boeing Alert Service Bulletin 757-54A0047, Revision
5, dated June 9, 2011: Within 9,000 flight cycles or 54 months after
the effective date of this AD, whichever occurs first, replace the
horizontal and vertical flange fasteners in the strut-to-diagonal
brace fitting on the number 1 and number 2 struts with new
fasteners, and do all related investigative and applicable
corrective actions, in accordance with PART V of the Accomplishment
Instructions of Boeing Alert Service Bulletin 757-54A0047, Revision
5, dated June 9, 2011, except where Boeing Alert Service Bulletin
757-54A0047, Revision 5, dated June 9, 2011, specifies to contact
Boeing for repair instructions, before further flight, repair using
a method approved in accordance with the procedures specified in
paragraph (q) of this AD. Do all related investigative and
corrective actions before further flight. Accomplishment of the
actions required in paragraph (o) of this AD terminates the
inspection requirements of paragraphs (g), (h), (j), and (m) of this
AD for Group 1, Configuration 2 airplanes; and Group 2 airplanes; as
identified in Boeing Alert Service Bulletin 757-54A0047, Revision 5,
dated June 9, 2011.

(p) Credit for Previous Actions

    (1) Except for the actions specified in paragraphs (j), (m), and
(o) of this AD, this paragraph provides credit for the actions
required by paragraphs (g) and (h) of this AD, if those actions were
performed before March 18, 2008 (the effective date of AD 2008-05-
10, Amendment 39-15404 (73 FR 11347, March 3, 2008), using Boeing
Service Bulletin 757-54A0047, Revision 1, dated March 24, 2005; or
Boeing Alert Service Bulletin 757-54A0047, Revision 2, dated January
31, 2007 (which are not incorporated by reference in this AD).
    (2) This paragraph provides credit for the initial inspection
required by paragraph (h) of this AD, if that inspection was
performed before June 29, 2005 (the effective date of AD 2005-12-04,
Amendment 39-14120 (70 FR 34313, June 14, 2005)), using the actions
required by paragraph (b) or (d), as applicable, of AD 2004-12-07,
Amendment 39-13666 (69 FR 33561, June 16, 2004).

(q) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane and the approval must
specifically refer to this AD.
    (4) AMOCs approved previously in accordance with AD 2004-12-07,
Amendment 39-13666 (69 FR 33561, June 16, 2004), are approved as
AMOCs for the corresponding provisions of this AD.
    (5) AMOCs approved previously in accordance with AD 2005-12-04,
Amendment 39-14120 (70 FR 34313, June 14, 2005), are approved as
AMOCs for the corresponding provisions of this AD.
    (6) AMOCs approved previously in accordance with AD 2007-16-13,
Amendment 39-15152 (72 FR 44753, August 9, 2007), are approved as
AMOCs for the corresponding provisions of this AD.
    (7) AMOCs approved previously in accordance with AD 2008-05-10,
Amendment 39-15404 (73 FR 11347, March 3, 2008), are approved as
AMOCs for the corresponding provisions of this AD.

(r) Related Information

    (1) For more information about this AD, Nancy Marsh, Aerospace
Engineer, Airframe Branch, ANM-120S, Seattle Aircraft Certification
Office (ACO), FAA, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; phone:
206-544-5000, extension 1; fax:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com.

(s) 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 the AD specifies otherwise.
    (3) The following service information was approved for IBR on
February 22, 2013.
    (i) Boeing Alert Service Bulletin 757-54A0047, Revision 4, dated
June 24, 2010.
    (ii) Boeing Alert Service Bulletin 757-54A0047, Revision 5,
dated June 9, 2011.
    (4) The following service information was approved for IBR on
August 24, 2007, (72 FR 44753, August 9, 2007).
    (i) Boeing Alert Service Bulletin 757-54A0047, Revision 3, dated
June 27, 2007.
    (ii) Reserved.
    (5) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; phone:
206-544-5000, extension 1; fax:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com.

    (6) You may view this service information at 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.
    (7) 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 December 17, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-00897 Filed 1-17-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Rules and Regulations]
[Pages 62733-62736]
[FR Doc No: 2022-21653]

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

40 CFR Parts 52 and 81

[EPA-R04-OAR-2022-0290; FRL-10107-02-R4]

Air Plan Approval and Air Quality Designation; GA; Redesignation
of the Atlanta, Georgia 2015 8-Hour Ozone Nonattainment Area to
Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On February 28, 2022, the State of Georgia, through the
Georgia Environmental Protection Division (GA EPD) of the Department of
Natural Resources, submitted a request for the Environmental Protection
Agency (EPA) to redesignate the Atlanta, Georgia 2015 8-hour ozone
nonattainment area (hereinafter referred to as the ``Atlanta Area'' or
``Area'') to attainment for the 2015 8-hour ozone National Ambient Air
Quality Standards (NAAQS or standards) and to approve a State
Implementation Plan (SIP) revision containing a maintenance plan for
the Area. EPA is approving the State's plan for maintaining attainment
of the 2015 8-hour ozone standard in the Area, including the motor
vehicle emission budgets (MVEBs) for nitrogen oxides (NOX)
and volatile organic compounds (VOC) for the years of 2018 and 2033 for
the Area, incorporating the maintenance plan into the SIP, and
redesignating the Area to attainment for the 2015 8-hour ozone NAAQS.
EPA is also notifying the public of the status of EPA's adequacy
determination for the MVEBs for the Area.

DATES: This rule is effective November 16, 2022.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0290. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation 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 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jane Spann, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, Region 4, U.S. Environmental Protection Agency, 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 protected].

SUPPLEMENTARY INFORMATION:

I. This Action

    EPA is taking the following separate but related actions: (1)
Approving Georgia's plan for maintaining the 2015 ozone NAAQS
(maintenance plan), including the associated MVEBs for the Atlanta
Area, and incorporating the plan into the SIP, and (2) redesignating
the Atlanta Area to attainment for the 2015 8-hour ozone NAAQS. EPA is
also notifying the public of the status of EPA's adequacy determination
for the MVEBs for the Atlanta Area. The Atlanta Area consists of
Bartow, Clayton, Cobb, DeKalb, Fulton, Gwinnett, and Henry Counties in
Georgia.
    EPA is taking final action to approve Georgia's maintenance plan
for the Atlanta Area as meeting the requirements of section 175A, such
approval being one of the Clean Air Act (CAA or Act) criteria for
redesignation to attainment status, and incorporate it into the SIP.
The maintenance plan is designed to keep the Atlanta Area in attainment
of the 2015 8-hour ozone NAAQS through 2033. The maintenance plan
includes 2018 and 2033 MVEBs for NOX and VOC for the Atlanta
Area for transportation conformity purposes. EPA is approving these
MVEBs and incorporating them into the SIP. EPA is also taking final
action to determine that the Atlanta Area has met the requirements for
redesignation under section 107(d)(3)(E) of the CAA.
    EPA is also notifying the public of the status of EPA's adequacy
process for the MVEBs for the Atlanta Area. The Adequacy comment period
began on February 11, 2022, with EPA's posting of the availability of
Georgia's submission on EPA's Adequacy website (https://www.epa.gov/state-and-local-transportation/state-implementation-plans-sip-submissions-currently-under-epa). The Adequacy comment period for these
MVEBs closed on March 15, 2022. No comments, adverse or otherwise, were
received during the Adequacy comment period.
    In summary, this final rulemaking is in response to Georgia's
February 28, 2022, redesignation request and associated SIP submission
that addresses the specific issues summarized above and the necessary
elements described in section 107(d)(3)(E) of the CAA for redesignation
of the Atlanta Area to attainment for the 2015 8-hour ozone NAAQS.

II. Background

    Effective August 3, 2018, EPA designated areas as unclassifiable/
attainment or nonattainment for the 2015 8-hour ozone NAAQS that was
promulgated on October 1, 2015. See 80 FR 65292 (October 26, 2015). The
Atlanta Area was designated as nonattainment for the 2015 8-hour ozone
NAAQS and classified as a marginal nonattainment area.\1\ See 83 FR
25776 (June 4, 2018). On February 28, 2022, Georgia requested that EPA
redesignate the Atlanta Area to attainment for the 2015 8-hour ozone
NAAQS and submitted a SIP revision containing the State's plan for
maintaining attainment of the 2015 8-hour ozone standard in the Area,
including 2018 and 2033 MVEBs for NOX and VOC for the
Atlanta Area.
---------------------------------------------------------------------------

    \1\ That Atlanta Area consists of Bartow, Clayton, Cobb, DeKalb,
Fulton, Gwinnett, and Henry Counties in Georgia.
---------------------------------------------------------------------------

    In a notice of proposed rulemaking (NPRM) published on August 26,
2022, see 87 FR 52487, EPA proposed to approve the maintenance plan,
including the 2018 and 2033 MVEBs for NOX and VOC, and
incorporate the plan into the Georgia SIP and to redesignate the Area
to attainment for the 2015 8-hour ozone NAAQS. In that notice, EPA also
notified the public of the status of the Agency's adequacy
determination for the NOX and VOC MVEBs for the Atlanta
Area. The details of Georgia's submittal and the rationale for EPA's
actions are further explained in the NPRM. Comments on the August 26,
2022, NPRM were due on or before September 26, 2022. EPA did not
receive any comments on the August 26, 2022, NPRM.

III. Final Action

    EPA is approving the aforementioned changes to the SIP. EPA is
taking two separate but related final actions. First, EPA is approving
the maintenance plan for the Atlanta Area, including the NOX
and VOC MVEBs for 2018 and 2033, and incorporating it into the Georgia
SIP. The maintenance plan demonstrates that the Area will continue to
maintain the 2015 8-hour ozone NAAQS and that the MVEBs meet all of the
adequacy criteria contained in 40 CFR 93.118(e)(4) and (5). Second, EPA
is approving Georgia's redesignation request for the 2015 8-hour ozone
NAAQS for the Atlanta Area. Approval of the redesignation request
changes the official designation of Bartow, Clayton, Cobb, DeKalb,
Fulton, Gwinnett, and Henry Counties in in the Atlanta Area for the
2015 8-hour ozone NAAQS from nonattainment to attainment, as indicated
at 40 CFR part 81. EPA is also notifying the public that EPA finds the
newly established NOX and VOC MVEBs for the Atlanta Area
adequate for the purpose of transportation conformity. Within 24 months
from this final rule, the transportation partners for the Atlanta Area
will need to demonstrate conformity to the new NOX and VOC
MVEBs pursuant to 40 CFR 93.104(e).

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. See 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, these actions merely approve state law as meeting Federal
requirements and do not impose additional requirements beyond those
imposed by state law. For this reason, these actions:
     Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Do not impose an information collection burden under the
provisions

of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rules do
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will they 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 these actions 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 rules in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. These actions are not ``major rules'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of these actions must be filed in the United States Court of Appeals
for the appropriate circuit by December 16, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of these actions 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
actions. These actions may not be challenged later in proceedings to
enforce their requirements. See section 307(b)(2).

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control, Incorporation by
reference.

    Dated: September 30, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 and part 81 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart L--Georgia

0
2. In Sec.  52.570(e), amend the table by adding a new entry at the end
of the table for ``2015 8-hour Ozone Maintenance Plan for the Atlanta
Area'' to read as follows:

Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

                                 EPA Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable        State submittal
    Name of nonregulatory SIP          geographic or       date/effective    EPA approval date     Explanation
            provision               nonattainment area          date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2015 8-hour Ozone Maintenance      Bartow, Clayton,              2/28/2022  10/17/2022, [Insert
 Plan for the Atlanta Area.         Cobb, DeKalb,                            citation of
                                    Fulton, Gwinnett,                        publication].
                                    and Henry Counties.
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. In Sec.  81.311, amend the table entitled ``Georgia--2015 8-Hour
Ozone NAAQS [Primary and Secondary]'' by revising the entry for
``Atlanta, GA,'' to read as follows:

Sec.  81.311  Georgia.

* * * * *

                                                            Georgia--2015 8-Hour Ozone NAAQS
                                                                 [Primary and secondary]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Designation                                     Classification
                 Designated area \1\                 ---------------------------------------------------------------------------------------------------
                                                         Date \2\                   Type                   Date \2\                   Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atlanta, GA                                               11/16/2022  Attainment......................
    Bartow County...................................
    Clayton County..................................

    Cobb County.....................................
    DeKalb County...................................
    Fulton County...................................
    Gwinnett County.................................
    Henry County....................................

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian country
  in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation
  area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.

* * * * *
[FR Doc. 2022-21653 Filed 10-14-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 56 (Monday, March 23, 2020)]
[Notices]
[Pages 16400-16402]
[FR Doc No: 2020-06005]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88403; File No. SR-NYSEAMER-2020-19]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Change of a Temporary
Waiver of the Co-Location Hot Hands Fee

March 17, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on March 16, 2020, NYSE American LLC (``NYSE American'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to a temporary waiver of the co-location
``Hot Hands'' fee beginning on March 16, 2020 through March 29, 2020.
The proposed change is available on the Exchange's website at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes a temporary suspension of the co-location \4\
``Hot Hands'' fee beginning on March 16, 2020 through March 29, 2020,
after which the Mahwah, New Jersey data center (``Data Center'') is
scheduled to reopen to third parties.
---------------------------------------------------------------------------

    \4\ The Exchange initially filed rule changes relating to its
co-location services with the Securities and Exchange Commission
(``Commission'') in 2010. See Securities Exchange Act Release No.
62961 (September 21, 2010), 75 FR 59299 (September 27, 2010) (SR-
NYSEAmex-2010-80).
---------------------------------------------------------------------------

    The Exchange is an indirect subsidiary of Intercontinental
Exchange, Inc. (``ICE''). Through its ICE Data Services (``IDS'')
business, ICE operates the Data Center, from which the Exchange
provides co-location services to Users.\5\
---------------------------------------------------------------------------

    \5\ For purposes of the Exchange's co-location services, a
``User'' means any market participant that requests to receive co-
location services directly from the Exchange. See Securities
Exchange Act Release No. 76009 (September 29, 2015), 80 FR 60213
(October 5, 2015) (SR-NYSEMKT-2015-67). As specified in the NYSE
American Equities Price List and Fee Schedule and the NYSE American
Options Fee Schedule (together, the ``Price List and Fee
Schedule''), a User that incurs co-location fees for a particular
co-location service pursuant thereto would not be subject to co-
location fees for the same co-location service charged by the
Exchange's affiliates the New York Stock Exchange LLC (``NYSE''),
NYSE Arca, Inc. (``NYSE Arca''), NYSE Chicago, Inc. (``NYSE
Chicago''), and NYSE National, Inc. (``NYSE National'' and together,
the ``Affiliate SROs''). See Securities Exchange Act Release No.
70176 (August 13, 2013), 78 FR 50471 (August 19, 2013) (SR-NYSEMKT-
2013-67). Each Affiliate SRO has submitted substantially the same
proposed rule change to propose the changes described herein. See
SR-NYSE-2020-18, SR-NYSEArca-2020-22, SR-NYSECHX-2020-07, and SR-
NYSENAT-2020-10.
---------------------------------------------------------------------------

    Among those services is a ``Hot Hands'' service, which allows Users
to use on-site Data Center personnel to maintain User equipment,
support network troubleshooting, rack and stack a server in a User's
cabinet; power recycling; and install and document the fitting of cable
in a User's cabinet(s).\6\ The Hot Hands fee is $100 per half hour.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 72719 (July 30,
2014), 79 FR 45502 (August 5, 2014) (SR-NYSEMKT-2014-61).
---------------------------------------------------------------------------

    ICE has announced to each User that, starting March 16, 2020, the
Data Center will be closed to third parties through March 29, 2020.
Pursuant to the ICE contingency plan, the Data Center is being closed
to third parties to help avoid the spread of COVID-19, which could
negatively impact Data Center functions. The Chief Executive Officer of
the Exchange has taken the actions required under NYSE American Rules
7.1E and 901NY to close the co-location facility of the Exchange to
third parties.\7\ While the Rules 7.1E and 901NY closures are in
effect, User representatives will not be allowed access to the Data
Center
---------------------------------------------------------------------------

    \7\ See NYSE American Rules 7.1E(c) through (e) and 901NY (c)
through (e). See also NYSE Rule 7.1, NYSE Arca Rules 7.1-E and 7.1-
O, NYSE Chicago Rule 7.1, and NYSE National Rule 7.1.
---------------------------------------------------------------------------

    If a User's equipment requires work while the Rules 7.1E and 901NY
closures are in effect, the User will have no option but to use the Hot
Hands service and, absent the proposed waiver, would incur Hot Hands
fees for the work. Given that, the Exchange proposes to waive all Hot
Hands fees from the date of the closing through March 29, 2020, and to
add text to the Hot Hands Fee in the Price List and Fee Schedule noting
the waiver. The Exchange believes that there will be sufficient Data
Center staff on-site to comply with User requests for Hot Hands
service.
    The proposed waiver would apply equally to all Users. The proposed
fee waiver would not apply differently to distinct types or sizes of
market participants. Rather, it would apply uniformly to all Users.
    The proposed change is not otherwise intended to address any other
issues relating to co-location services and/or related fees, and the
Exchange is not aware of any problems that Users would have in
complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\8\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\9\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers. In addition, it is designed to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to, and
perfect the mechanisms of, a free and open market and a national market
system and, in general, to protect investors and the public interest
and because it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

The Proposed Rule Change Is Reasonable
    The Exchange believes that the proposed rule change is reasonable
for the following reasons.
    While the Rules 7.1E and 901NY closures are in effect, User
representatives will not be allowed access to the Data Center. If a
User's equipment requires work during such period, the User will have
to use the Hot Hands service and, absent a waiver, would incur Hot
Hands fees for the work. The Exchange believes that it is reasonable to
grant the proposed waiver because Users would have no option other than
using the Hot Hands service.
    The proposed relief would allow a User to have work carried out on
its equipment notwithstanding the closure of the Data Center without
incurring Hot Hands fees.
The Proposed Rule Change Is Equitable
    The Exchange believes the proposed rule change is an equitable
allocation of its fees and credits for the following reasons.
    The proposed waiver would apply equally to all Users. The proposed
fee waiver would not apply differently to distinct types or sizes of
market participants. Rather, it would apply uniformly to all Users.
    The Exchange believes that the proposal is equitable because all
similarly-situated Users would not be charged a fee to use the Hot
Hands service that the User would have to use because of the Data
Center closure.
The Proposed Change Is Not Unfairly Discriminatory and Would Protect
Investors and the Public Interest
    The Exchange believes that the proposed change is not unfairly
discriminatory for the following reasons.
    The proposed waiver would not apply differently to distinct types
or sizes of market participants. Rather, all Users whose equipment
requires work during the Data Center closure would have the resulting
fees waived, and the waiver would apply uniformly to all Users from
March 16, 2020 through March 29, 2020. For the reasons above, the
proposed changes do not unfairly discriminate between or among market
participants.
    In addition, the Exchange believes that the proposed rule change
would perfect the mechanisms of a free and open market and a national
market system and, in general, protect investors and the public
interest because it would allow a User to have work carried out

on its equipment notwithstanding the closure of the Data Center
pursuant to Rules 7.1E and 901NY without incurring Hot Hands fees.
Accordingly, the Exchange believes that the requested relief is
designed to perfect the mechanisms of a free and open market and a
national market system and, in general, protect investors and the
public interest by facilitating the uninterrupted availability of
Users' equipment.
    For all of the above reasons, the Exchange believes that the
proposal is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\10\ the Exchange
believes that the proposed rule change will not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------

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

Intramarket Competition
    The Exchange does not believe that the proposed change would place
any burden on intramarket competition that is not necessary or
appropriate.
    The proposal it is not designed to affect competition, but rather
to provide relief to Users that, while the Rules 7.1E and 901NY
closures are in effect, have no option but to use the Hot Hands
service.
    The proposed waiver would not apply differently to distinct types
or sizes of market participants. All Users who use the Hot Hands
service from March 16, 2020 through March 29, 2020 would have the
resulting fees waived.
Intermarket Competition
    The Exchange does not believe that the proposed change would impose
any burden on intermarket competition that is not necessary or
appropriate.
    The Exchange believes that the proposed change would not affect the
competitive landscape among the national securities exchanges, as the
Hot Hands service is solely charged within co-location to existing
Users, and would be temporary.
    For the reasons described above, the Exchange believes that the
proposed rule change reflects this competitive environment.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \11\ of the Act and subparagraph (f)(2) of Rule
19b-4 \12\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSEAMER-2020-19 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAMER-2020-19. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEAMER-2020-19 and should be submitted
on or before April 13, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-06005 Filed 3-20-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Notices]
[Page 52547]
[FR Doc No: 2022-18422]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3509-042]

Little Falls Hydroelectric Associates, LP; Notice of Intent To
Prepare an Environmental Assessment

    On August 31, 2021, Little Falls Hydroelectric Associates, LP
(Little Falls Associates) filed an application for a new major license
for the 13.3-megawatt Little Falls Hydroelectric Project (Little Falls
Project; FERC No. 3509). The Little Falls Project is located on the
Mohawk River, in the City of Little Falls, Herkimer County, New York.
The project does not occupy federal land.
    In accordance with the Commission's regulations, on May 25, 2022,
Commission staff issued a notice that the project was ready for
environmental analysis (REA Notice). Based on the information in the
record, including comments filed on the REA Notice, staff does not
anticipate that licensing the project would constitute a major federal
action significantly affecting the quality of the human environment.
Therefore, staff intends to prepare an Environmental Assessment (EA) on
the application to relicense the Little Falls Project.
    The EA will be issued and circulated for review by all interested
parties. All comments filed on the EA will be analyzed by staff and
considered in the Commission's final licensing decision.
    The application will be processed according to the following
schedule. Revisions to the schedule may be made as appropriate.

------------------------------------------------------------------------
                Milestone                           Target date
------------------------------------------------------------------------
Commission issues EA....................  December 2022.\1\
Comments on EA..........................  January 2023.
------------------------------------------------------------------------

    Any questions regarding this notice may be directed to Monir
Chowdhury at<PHONE_NUMBER> or [email protected].
---------------------------------------------------------------------------

    \1\ The Council on Environmental Quality's (CEQ) regulations
under 40 CFR 1501.10(b)(1) require that EAs be completed within 1
year of the federal action agency's decision to prepare an EA. This
notice establishes the Commission's intent to prepare an EA for the
Little Falls Project. Therefore, in accordance with CEQ's
regulations, the EA must be issued within 1 year of the issuance
date of this notice.

    Dated: August 22, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-18422 Filed 8-25-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 6, 2006 (Volume 71, Number 234)]
[Notices]
[Page 70764]
[DOCID:fr06de06-57]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0687; FRL-8105-2]

Petition to Amend FIFRA Section 25(b); Notice of Availability;
Reopening of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; reopening of comment period.

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

SUMMARY: EPA issued a notice in the Federal Register of September 13,
2006, concerning a petition filed by the Consumer Specialty Products
Association (CSPA) requesting the Agency to modify the minimum risk
regulations at 40 CFR 152.25(f) for those products that claim to
control public health pests to be subject to EPA registration
requirements as a precondition of their sale. This document reopens the
comment period for an additional 30 day period.

DATES: Comments, identified by docket identification (ID) number EPA-
HQ-OPP-2006-0687 must be received on or before January 5, 2007.

ADDRESSES: Follow the detailed instructions as provided under ADDRESSES
in the Federal Register document of September 13, 2006.

FOR FURTHER INFORMATION CONTACT: Brian Steinwand, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    The Agency included in the notice a list of those who may be
potentially affected by this action. If you have questions regarding
the applicability of this action to a particular entity, consult the
person listed under FOR FURTHER INFORMATION CONTACT.

B. How and to Whom Do I Submit Comments?

    To submit comments, or access the official public docket, please
follow the detailed instructions as provided in Unit I.B. of the
SUPPLEMENTARY INFORMATION of the September 13, 2006, Federal Register
document (71 FR 54055) (FRL-8091-3). If you have questions, consult the
person listed under FOR FURTHER INFORMATION CONTACT.

II. What Action is EPA Taking?

    This document reopens the public comment period established in the
Federal Register of September 13, 2006. In that document, EPA created a
public docket (EPA-HQ-OPP-2006-0687) requesting comment on a petition
filed by the Consumer Specialty Products Association (CSPA) for the
Agency to modify the minimum risk regulations at 40 CFR 152.25(f) for
those products that claim to control public health pests to be subject
to EPA registration requirements as a precondition of their sale. EPA
is hereby reopening the comment period, which ended on November 13,
2006, for an additional 30 days. Comments must be received on or before
January 5, 2007.

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

    Under section 553(e) of the Administrative Procedure Act, 5 U.S.C.
553(e), an interested person may petition an agency for the issuance,
amendment, or repeal of a rule.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: November 27, 2006.
James Jones,
Director, Office of Pesticide Programs.
[FR Doc. E6-20647 Filed 12-5-06; 8:45 am]

BILLING CODE 6560-50-S


Schering-Plough Corporation’s data received per 40 CFR 82.13(u); classified as Confidential Business Information (CBI).

CBI located at EPA headquarters 1310 L St NW.

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