[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Notices]
[Pages 16850-16851]
[FR Doc No: 2019-08158]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2016-0178; FRL-9992-55-OW]

Proposed Information Collection Request; Comment Request; EPA
Application Materials for the Water Infrastructure Finance and
Innovation Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``EPA Application
Materials for the Water Infrastructure Finance and Innovation Act''
(EPA ICR No. 2549.02, OMB Control No. 2040-0292) to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act. Before doing so, EPA is soliciting public
comments on specific aspects of the proposed information collection as
described below. This is a

request for approval of a renewal. An Agency may not conduct or sponsor
and a person is not required to respond to a collection of information
unless it displays a currently valid OMB control number.

DATES: Comments must be submitted on or before June 24, 2019.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2016-0178, online using www.regulations.gov (our preferred method), or
by mail to: EPA Docket Center, Environmental Protection Agency, Mail
Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Arielle Gerstein, Water Infrastructure
Division, Office of Wastewater Management, 4201-T, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information EPA will be collecting are available in the public
docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), EPA is soliciting comments and information to
enable it to: (i) Evaluate whether the proposed collection of
information is necessary for the proper performance of the functions of
the Agency, including whether the information will have practical
utility; (ii) evaluate the accuracy of the Agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used; (iii) enhance the
quality, utility, and clarity of the information to be collected; and
(iv) minimize the burden of the collection of information on those who
are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. EPA will consider the comments received and
amend the ICR as appropriate. The final ICR package will then be
submitted to OMB for review and approval. At that time, EPA will issue
another Federal Register notice to announce the submission of the ICR
to OMB and the opportunity to submit additional comments to OMB.
    Abstract: The collection of information is necessary in order to
receive applications for credit assistance pursuant to section 5024 of
the Water Infrastructure Finance and Innovation Act (WIFIA) of 2014, 33
U.S.C. 3903. The purpose of the WIFIA program is to provide Federal
credit assistance in the form of direct loans and loan guarantees to
eligible clean water and drinking water projects.
    WIFIA requires that an eligible entity submit to the EPA
Administrator an application at such time, in such manner, and
containing such information, as the EPA Administrator may require to
receive assistance under WIFIA. In order to satisfy these requirements,
EPA must collect an application from prospective borrowers seeking
funding. The Letters of Interest and Applications collected from
prospective borrowers through this solicitation will be used by the
EPA, WIFIA program staff, and reviewers to evaluate applications for
credit assistance under the WIFIA eligibility requirements and
selection criteria.
    Form Numbers:

SWIFIA Application--6100-030
SWIFIA Letter of Interest--6100-031
WIFIA Application--6100-032
WIFIA Letter of Interest--6100-033

    Respondents/affected entities: The respondents affected by this
collection activity include: corporations, partnerships, joint
ventures, trusts, federal, state, or local government entities, tribal
governments or a consortium of tribal governments, and state
infrastructure finance authorities. The Letters of Interest and
Applications collected from prospective borrowers through this
solicitation will be used by EPA to evaluate requests for credit
assistance under the WIFIA eligibility requirements and selection
criteria.
    Respondent's obligation to respond: The collection is required to
obtain credit assistance pursuant to section 5024 of WIFIA, 33 U.S.C.
3903.
    Estimated number of respondents: 100 per year (total).
    Frequency of response: one per funding round.
    Total estimated burden: 8,700 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $15,109,113.40 (per year), includes no
annualized capital or operation and maintenance costs.

    Dated: April 12, 2019.
Andrew D. Sawyers,
Director, Office of Wastewater Management.
[FR Doc. 2019-08158 Filed 4-22-19; 8:45 am]
 BILLING CODE 6560-50-P


TABLE 2 Annual Agency Burden and Cost NSPS for Magnetic Tape Coating Facilities ( 40 CFR part 60, subpart SSS) ( Renewal)

REPORTING/ RECORDKEEPING REQUIREMENT EPA Hours/

Occurrence ( A) Occurrences/

Plant/ Year ( B) EPA Hours/

Year ( C= A* B ) ( C) Plants/ Year ( D) EPA Hours/

Year ( E= C* D)

( E)

INITIAL PERFORMANCE TESTS New Plant 24 1 24 2 48 REPEAT PERFORMANCE TEST New Plant 24 0.2 4.8 2 9.6 REPORT REVIEW New Plant Notification of Construction 2 1 2 2 4 Notification of Actual Startup 0.5 1 0.5 2 1 Notification of Initial Test 0.5 1.2 0.6 2 1.2 Review Test Results 8 1.2 9.6 2 19.2 Excess Emission Report 8 4 32 1.2 38.4 Report of No Excess Emissions 2 2 4 4.8 19.2 TOTAL ANNUAL HOURS 140.6 ANNUAL TRAVEL EXPENSES ( 1 person x 1 plant/ year x 3 d/ plant x $ 100 per diem) + ($ 350 round trip/ plant x 1 plant/ yr) = $ 650.00 SALARY BURDEN ( per year)

1 person x 141 h/ yr x $ 39.49/ h = $ 5,552.29 TOTAL ANNUAL BURDEN $ 6,202.29 Assumptions Number of new plants ( new lines at existing plants) per year 2 Rate of failed performance tests 20%

Time required to participate with performance test ( hours per plant) 24 Time require to review construction notification ( hours) 2 Time required to review startup and initial test notifications ( hours) 0.5 Time required to review performance test results ( hours) 8 EPA labor rate ( GS 10 Step 1 + 110% overhead) $ 39.49 Percentage of new plant visits 10%

Round trip airfare to visit plant $ 350


[Federal Register Volume 84, Number 212 (Friday, November 1, 2019)]
[Rules and Regulations]
[Pages 58627-58633]
[FR Doc No: 2019-23709]

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ENVIRONMENTAL SERVICES AGENCY

40 CFR Part 282

[EPA-R01-UST-2019-0421; FRL-10001-60-Region 1]

New Hampshire: Final Approval of State Underground Storage Tank
Program Revisions, Codification, and Incorporation by Reference

AGENCY: Environmental Services Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA
or Act), the Environmental Services Agency (EPA) is taking direct final
action to approve revisions to the State of New Hampshire's Underground
Storage Tank (UST) program submitted by the New Hampshire Department of
Environmental Services (NH DES). This action also codifies EPA's
approval of New Hampshire's State program and incorporates by reference
those provisions of the State regulations that we have determined meet
the requirements for approval. The provisions will be subject to EPA's
inspection and enforcement authorities under sections 9005 and 9006 of
RCRA Subtitle I and other applicable statutory and regulatory
provisions.

DATES: This rule is effective December 31, 2019, unless EPA receives
adverse comment by December 2, 2019. If EPA receives adverse comments,
it will publish a timely withdrawal in the Federal Register informing
the public that the rule will not take effect. The incorporation by
reference of certain publications listed in the regulations is approved
by the Director of the Federal Register, as of December 31, 2019, in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Mail: Susan Hanamoto, RCRA Waste Management, UST, and Pesticides
Section; Land, Chemicals, and Redevelopment Division; EPA Region 1, 5
Post Office Square, Suite 100, (Mail Code 07-1), Boston, MA 02109-3912.
    4. Hand Delivery or Courier: Deliver your comments to Susan
Hanamoto, RCRA Waste Management, UST, and Pesticides Section; Land,
Chemicals, and Redevelopment Division; EPA Region 1, 5 Post Office
Square, Suite 100, (Mail Code 07-1), Boston, MA 02109-3912. Such
deliveries are only accepted during the Regional Office's normal hours
of operation.
    Instructions: Direct your comments to Docket ID No. EPA-R01-UST-
2019-0421. EPA's policy is that all comments received will be included
in the public docket without change and may be 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 information that you
consider to be CBI or otherwise protected through http://www.regulations.gov, or email. The Federal website, http://www.regulations.gov, is an ``anonymous access'' system, which means the
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to the EPA without going through http://www.regulations.gov,
your email 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 also 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.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information might not be publicly available, e.g., CBI or other
information whose disclosure is

restricted by statute. Certain other material, such as copyrighted
material, might be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
www.regulations.gov or in hard copy.
    IBR and supporting material: You can view and copy the documents
that form the basis for this codification and associated publicly
available materials from 8:30 a.m. to 4:00 p.m. Monday through Friday
at the following location: EPA Region 1 Library, 5 Post Office Square,
1st floor, Boston, MA 02109-3912; by appointment only; tel: (617) 918-
1990. Interested persons wanting to examine these documents should make
an appointment with the office at least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Susan Hanamoto,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Approval of Revisions to New Hampshire's Underground Storage Tank
Program

A. Why are revisions to state programs necessary?

    States that have received final approval from the EPA under RCRA
section 9004(b) of RCRA, 42 U.S.C. 6991c(b), must maintain an
underground storage tank program that is equivalent to, consistent
with, and no less stringent than the Federal UST program. Either EPA or
the approved state may initiate program revision. When EPA makes
revisions to the regulations that govern the UST program, states must
revise their programs to comply with the updated regulations and submit
these revisions to the EPA for approval. Program revision may be
necessary when the controlling Federal or state statutory or regulatory
authority is modified or when responsibility for the state program is
shifted to a new agency or agencies.

B. What decisions has the EPA made in this rule?

    On June 24, 2019, in accordance with 40 CFR 281.51(a), New
Hampshire submitted a complete program revision application seeking the
EPA approval for its UST program revisions (State Application). New
Hampshire's revisions correspond to the EPA final rule published on
July 15, 2015 (80 FR 41566), which revised the 1988 UST regulations and
the 1988 state program approval (SPA) regulations (2015 Federal
Revisions). As required by 40 CFR 281.20, the State Application
contains the following: A transmittal letter requesting approval, a
description of the program and operating procedures, a demonstration of
the State's procedures to ensure adequate enforcement, a Memorandum of
Agreement outlining the roles and responsibilities of the EPA and the
implementing agency, a statement of certification from the Attorney
General, and copies of all relevant state statutes and regulations. We
have reviewed the State Application and determined that the revisions
to New Hampshire's UST program are equivalent to, consistent with, and
no less stringent than the corresponding Federal requirements in
subpart C of 40 CFR part 281, and that the New Hampshire program
provides for adequate enforcement of compliance (40 CFR 281.11(b)).
Therefore, the EPA grants New Hampshire final approval to operate its
UST program with the changes described in the program revision
application, and as outlined below in section I.G of this document.

C. What is the effect of this approval decision?

    This action does not impose additional requirements on the
regulated community because the regulations being approved by this rule
are already effective in New Hampshire, and they are not changed by
this action. This action merely approves the existing State regulations
as meeting the Federal requirements and renders them federally
enforceable.

D. Why is EPA using a direct final rule?

    EPA is publishing this direct final rule concurrent with a proposed
rule because we view this as a noncontroversial action and anticipate
no adverse comment. EPA is providing an opportunity for public comment
now.

E. What happens if the EPA receives comments that oppose this action?

    Along with this direct final, the EPA is publishing a separate
document in the ``Proposed Rules'' Section of this issue of the Federal
Register that serves as the proposal to approve the State's UST program
revisions, providing opportunity for public comment. If EPA receives
comments that oppose this approval, EPA will withdraw the direct final
rule by publishing a document in the Federal Register before the rule
becomes effective. The EPA will base any further decision on the
approval of the State program changes after considering all comments
received during the comment period. EPA will then address all public
comments in a later final rule. You may not have another opportunity to
comment. If you want to comment on this approval, you must do so at
this time.

F. For what has New Hampshire previously been approved?

    On June 19, 1991, the EPA finalized a rule approving the UST
program, effective July 19, 1991, to operate in lieu of the Federal
program. On November 2, 1993, effective January 3, 1994, the EPA
codified the approved New Hampshire program, incorporating by reference
the State statutes and regulatory provisions that are subject to EPA's
inspection and enforcement authorities under RCRA sections 9005 and
9006, 42 U.S.C. 6991d and 6991e, and other applicable statutory and
regulatory provisions.

G. What changes are we approving with this action?

    On June 24, 2019, in accordance with 40 CFR 281.51(a), New
Hampshire submitted a complete application for final approval of its
UST program revisions adopted on October 10, 2018. The EPA now makes an
immediate final decision, subject to receipt of written comments that
oppose this action, that New Hampshire's UST program revisions satisfy
all of the requirements necessary to qualify for final approval.
Therefore, EPA grants New Hampshire final approval for the following
program changes:

------------------------------------------------------------------------
     Required Federal element           Implementing State authority
------------------------------------------------------------------------
40 CFR 281.30, New UST Systems and  Env-Or 401.03(k), 404.01-404.03,
 Notification.                       404.10, 405.01-405.06, 405.07(d),
                                     405.08, 405.09, 407, 408.05(d).
40 CFR 281.31, Upgrading Existing   Not applicable.
 UST Systems.
40 CFR 281.32, General Operating    RSA 146-C:19, II(c); Env-Or
 Requirements.                       404.09(a) and (b); 405.01(h) and
                                     (i), 405.10, 405.11; 406.03,
                                     406.08(g)(1) and (2), 406.09-
                                     406.19; 408.01(c).
40 CFR 281.33, Release Detection..  Env-Or 405.08, 405.09; 406.02,
                                     406.13.
40 CFR 281.34, Release Reporting,   Env-Or 406.04; 604.06; 605.03 and
 Investigation, and Confirmation.    605.10; 606.01.

40 CFR 281.35, Release Response     Env-Or 605.03, 605.04, 605.07,
 and Corrective Action.              605.08; 606.01, 606.08, 606.10;
                                     607.02(b).
40 CFR 281.36, Out-of-service       Env-Or 408.04, 408.05(e), 408.06-
 Systems and Closure.                408.10.
40 CFR 281.37, Financial            Env-Or 404.04(h); 404.12(a), (c),
 Responsibility for USTs             (d), and (j).
 Containing Petroleum.
40 CFR 281.40, Legal Authorities    RSA 146-C:5.
 for Compliance Monitoring.
40 CFR 281.41, Legal Authorities    RSA 146-C:9-a, RSA 146-C:10, RSA 21-
 for Enforcement Response.           O:9, RSA 541.
------------------------------------------------------------------------

    The State also demonstrates that its program provides adequate
enforcement of compliance as described in 40 CFR 281.11(b) and part
281, subpart D. The NH DES has broad statutory authority with respect
to USTs to regulate installation, operation, maintenance, closure, and
UST releases, and to the issuance of orders. These statutory
authorities are found in: New Hampshire Revised Statutes Annotated,
Title I, The State and its Government, Chapter 21-O Department of
Environmental Services; New Hampshire Revised Statutes Annotated, Title
X, Public Health, Chapter 146-C Underground Storage Facilities; New
Hampshire Revised Statutes Annotated Title L, Water Management and
Protection, Chapter 485-C Groundwater Protection Act; New Hampshire
Revised Statutes Annotated Title LV, Proceedings in Special Cases,
Chapter 541 Rehearings and Appeals in Certain Cases.

H. Where are the revised rules different from the Federal rules?

Broader in Scope Provisions
    The following statutory and regulatory provisions are considered
broader in scope than the Federal program, and are therefore not
enforceable as a matter of Federal law:
    For any UST system installed prior to April 22, 1997 or that
otherwise does not have existing spill containment at Stage I system
connections, the owner shall install spill containment meeting the
requirements of Env-Or 405.05(f) at Stage I system connections no later
than October 13, 2021.
    Each dispensing area shall have a concrete pad with positive
limiting barrier that contains a volume of at last five gallons and
extends beyond the reach of all dispensing nozzles.
    Tank pads installed after October 10, 2018 shall be constructed of
reinforce Portland cement concrete and have liquid-tight sealed joints
at all expansion, contraction, cold, and crack control joints within
three feet of spill containment. The tank pads shall be sealed and
maintained with a fuel-product compatible joint sealant installed per
manufacturer's instruction.
    Any day tank that is connected by piping to an underground storage
tank that is subject to the rules shall be marked with the type of
product stored, the registered tank number corresponding to the UST
that automatically supplies product to the day tank, and the
appropriate emergency response system symbol(s) that meet(s) the
requirements of section <IP_ADDRESS> of NFPA 30 to identify the hazards
posed by the product stored.
    All Stage I system connection spill containment equipment shall be
tested for tightness no later than October 13, 2021 and triennially
thereafter.
    Prior to commencing construction or installation of a new facility
or making one or more substantial modifications at an existing
facility, including any changes to a cathodic protection system, an
owner shall submit plans and specifications stamped by an engineer
licensed to practice in New Hampshire. Within 90 days of receipt of a
complete plan and specification submittal, the department shall send
the owner written notice of construction approval or disapproval.
Failure to send a notice within 90 days shall be deemed to be approval
of the plans. A UST or UST system component shall be installed only by
a certified tank installer.
    UST systems shall not be installed within the sanitary protective
area of a public water system well and in any area where flooding over
the top of the tank is reasonably likely or the ground surface is below
the 100-year flood elevation, unless the plans include specific
requirements designed to ensure that the tank will not float and its
contents will not escape during a flood.
    New UST systems installed on or after February 2, 2005 shall be
installed no closer to public and non-public water supply wells than
the minimum distances specified in Table 407-1.
    With the exception of marinas and fueling systems over water, no
UST system at any new site shall be located closer than 75 feet from
surface waters of the state.
    Storm water runoff from UST facilities shall not be directly
discharged to surface water or below the ground surface unless a permit
is obtained under applicable state or federal law. Storm water shall
not be directed to flow over any tank or dispensing pad.
    The owner of any UST system that has been red-tagged in accordance
with RSA 146-C:15 shall bring the system into compliance with all
applicable requirements or permanently close the system within one year
of the date the red tag was placed.
    An owner who wishes to obtain a waiver form any rule in Env-Or 400
shall request a waiver as specified in Env-Or 409.02.
    A responsible party shall apply for and obtain a groundwater
management permit for any site where the discharge of a regulated
contaminant at that site has caused and continues to cause the
groundwater quality criteria of Env-Or 603.01 to be violated.

More Stringent Provisions

    The following statutory and regulatory provisions are considered
more stringent than the Federal program and are therefore enforceable
as a matter of Federal law:
    Airport hydrant fuel distribution systems and UST systems with
field-constructed tanks shall meet release detection requirements for
tanks and piping systems. Piping associated with airport hydrant
distribution systems and field constructed UST systems shall have
secondary containment.
    For any UST system installed on or after September 1, 2013, all
spill containment equipment shall be installed within a liquid-tight
sump or be of double walled construction.

II. Codification

A. What is codification?

    Codification is the process of placing a state's statutes and
regulations that comprise the state's approved UST program into the
CFR. Section 9004(b) of RCRA, as amended, allows the EPA to approve
State UST programs to operate in lieu of the Federal program. The EPA
codifies its authorization of

state programs in 40 CFR part 282 and incorporates by reference state
statutes and regulations that the EPA will enforce under sections 9005
and 9006 of RCRA and any other applicable state provisions. The
incorporation by reference of state authorized programs in the CFR
should substantially enhance the public's ability to discern the
current status of the approved state program and state requirements
that can be federally enforced. This effort provides clear notice to
the public of the scope of the approved program in each state.

B. What is the history of codification of New Hampshire's UST program?

    EPA incorporated by reference the New Hampshire DES approved UST
program effective January 3, 1994 (58 FR 58624; November 2, 1993). In
this document, EPA is revising 40 CFR 282.79 to include the approved
revisions.

C. What codification decisions have we made in this rule?

    Incorporation by reference: In this rule, we are finalizing
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are finalizing the
incorporation by reference of the New Hampshire statutes and
regulations described in the amendments to 40 CFR part 282 set forth
below. The EPA has made, and will continue to make, these documents
generally available through www.regulations.gov and at the EPA Region 1
office (see the ADDRESSES Section of this preamble for more
information).
    The purpose of this Federal Register document is to codify New
Hampshire's approved UST program. The codification reflects the State
program that would be in effect at the time EPA's approved revisions to
the New Hampshire UST program addressed in this direct final rule
become final. The document incorporates by reference New Hampshire's
UST statutes and regulations and clarifies which of these provisions
are included in the approved and federally enforceable program. By
codifying the approved New Hampshire program and by amending the CFR,
the public will more easily be able to discern the status of the
federally-approved requirements of the New Hampshire program.
    EPA is incorporating by reference the New Hampshire approved UST
program in 40 CFR 282.79. Section 282.79(d)(1)(i)(A) incorporates by
reference for enforcement purposes the State's statutes and
regulations.
    Section 282.79 also references the Attorney General's Statement,
Demonstration of Adequate Enforcement Procedures, the Program
Description, and the Memorandum of Agreement, which are approved as
part of the UST program under Subtitle I of RCRA. These documents are
not incorporated by reference.

D. What is the effect of New Hampshire's codification on enforcement?

    The EPA retains the authority under sections 9005 and 9006 of
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable
statutory and regulatory provisions to undertake inspections and
enforcement actions and to issue orders in approved states. With
respect to these actions, EPA will rely on Federal sanctions, Federal
inspection authorities, and Federal procedures rather than the state
authorized analogues to these provisions. Therefore, the EPA is not
incorporating by reference such particular, approved New Hampshire
procedural and enforcement authorities. Section 282.79(d)(1)(ii) of 40
CFR lists those approved New Hampshire authorities that would fall into
this category.

E. What State provisions are not part of the codification?

    The public also needs to be aware that some provisions of the
State's UST program are not part of the federally approved State
program. Such provisions are not part of the RCRA Subtitle I program
because they are ``broader in scope'' than Subtitle I of RCRA. Title 40
CFR 281.12(a)(3)(ii) states that where an approved state program has
provisions that are broader in scope than the Federal program, those
provisions are not a part of the federally approved program. As a
result, State provisions which are broader in scope than the Federal
program are not incorporated by reference for purposes of enforcement
in part 282. Section 282.79(d)(1)(iii) lists for reference and clarity
the New Hampshire statutory and regulatory provisions which are broader
in scope than the Federal program and which are not, therefore, part of
the approved program being codified in this document. Provisions that
are broader in scope cannot be enforced by EPA; the State, however,
will continue to implement and enforce such provisions under State law.

III. Statutory and Executive Order Reviews

    This action only applies to New Hampshire's UST Program
requirements pursuant to RCRA section 9004 and imposes no requirements
other than those imposed by State law. It complies with applicable
Executive Orders (EOs) and statutory provisions as follows:

A. Executive Order 12866 Regulatory Planning and Review, Executive
Order 13563: Improving Regulation and Regulatory Review

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). This action approves
and codifies State requirements for the purpose of RCRA section 9004
and imposes no additional requirements beyond those imposed by State
law. Therefore, this action is not subject to review by OMB.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not an Executive Order 13771 (82 FR 9339, February
3, 2017) regulatory action because actions such as this final approval
of New Hampshire's revised underground storage tank program under RCRA
are exempted under Executive Order 12866. Accordingly, I certify that
this action will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).

C. Unfunded Mandates Reform Act and Executive Order 13175: Consultation
and Coordination With Indian Tribal Governments

    Because this action approves and codifies pre-existing requirements
under State law and does not impose any additional enforceable duty
beyond that required by State law, it does not contain any unfunded
mandate or significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-
1538). For the same reason, this action also does not significantly or
uniquely affect the communities of Tribal governments, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).

D. Executive Order 13132: Federalism

    This action will not have substantial direct effects 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, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely approves and codifies State

requirements as part of the State RCRA underground storage tank program
without altering the relationship or the distribution of power and
responsibilities established by RCRA.

E. Executive Order 13045: Services of Children From Environmental
Health and Safety Risks

    This action also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant, and
it does not make decisions based on environmental health or safety
risks.

F. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
``significant regulatory action'' as defined under Executive Order
12866.

G. National Technology Transfer and Advancement Act

    Under RCRA section 9004(b), EPA grants a State's application for
approval as long as the State meets the criteria required by RCRA. It
would thus be inconsistent with applicable law for EPA, when it reviews
a State approval application, to require the use of any particular
voluntary consensus standard in place of another standard that
otherwise satisfies the requirements of RCRA. Thus, the requirements of
Section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply.

H. Executive Order 12988: Civil Justice Reform

    As required by Section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.

I. Executive Order 12630: Governmental Actions and Interference With
Constitutionally Protected Property Rights

    EPA has complied with Executive Order 12630 (53 FR 8859, March 15,
1988) by examining the takings implications of the rule in accordance
with the ``Attorney General's Supplemental Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order.

J. Paperwork Reduction Act

    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). ``Burden'' is defined at 5 CFR 1320.3(b).

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Because this rule approves pre-
existing State rules which are at least equivalent to, and no less
stringent than existing Federal requirements, and imposes no additional
requirements beyond those imposed by State law, and there are no
anticipated significant adverse human health or environmental effects,
the rule is not subject to Executive Order 12898.

L. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801-808, 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 document 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 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). However,
this action will be effective December 31, 2019 because it is a direct
final rule.

    Authority: This rule is issued under the authority of sections
2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

List of Subjects in 40 CFR Part 282

    Environmental Services, Administrative practice and procedure,
Confidential business information, Hazardous substances, Incorporation
by reference, Insurance, Intergovernmental relations, Penalties,
Petroleum, Reporting and recordkeeping requirements, Surety bonds,
Water supply.

    Dated: October 7, 2019.
Dennis Deziel,
Regional Administrator, EPA Region 1.

    For the reasons set forth in the preamble, EPA is amending 40 CFR
part 282 as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

0
1. The authority citation for part 282 continues to read as follows:

    Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

0
2. Revise Sec.  282.79 to read as follows:

Sec.  282.79  New Hampshire State-Administered Program.

    (a) The State of New Hampshire is approved to administer and
enforce an underground storage tank program in lieu of the Federal
program under Subtitle I of the Resource Conservation and Recovery Act
of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program,
as administered by the New Hampshire Department Environmental Services
(NH DES), was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR
part 281. EPA approved the New Hampshire program on June 19, 1991,
which was effective on July 19, 1991.
    (b) New Hampshire has primary responsibility for administering and
enforcing its federally approved underground storage tank program.
However, EPA retains the authority to exercise its inspection and
enforcement authorities under sections 9005 and 9006 of Subtitle I of
RCRA, 42 U.S.C. 6991d and 6991e, as well as under any other applicable
statutory and regulatory provisions.
    (c) To retain program approval, New Hampshire must revise its
approved program to adopt new changes to the Federal Subtitle I program
which makes it more stringent, in accordance with Section 9004 of RCRA,
42 U.S.C. 6991c and 40 CFR part 281, subpart E. If New Hampshire
obtains approval for the revised requirements pursuant to section 9004
of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory
provisions will be added to this subpart and notification of any change
will be published in the Federal Register.
    (d) New Hampshire has final approval for the following elements of
its program application originally submitted to EPA and approved
effective July 19, 1991, and the program

revision application approved by EPA, effective on December 31, 2019.
    (1) State statutes and regulations--(i) Incorporation by reference.
The material cited in this paragraph (d)(1)(i), and listed in appendix
A to this part, is incorporated by reference as part of the underground
storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(See Sec.  282.2 for incorporation by reference approval and inspection
information.) You may obtain copies of the New Hampshire regulations
and statutes that are incorporated by reference in this paragraph
(d)(1)(i) from Oil Compliance Section Supervisor, New Hampshire DES, PO
Box 29, Concord, NH 03302-0029; Phone number:<PHONE_NUMBER>; Hours:
Monday-Friday, 8:00 a.m. to 4:00 p.m.; link to statutes and
regulations: NH RSA 21-O: http://www.gencourt.state.nh.us/rsa/html/l/21-O-mrg.htm; NH RSA 91-A: http://www.gencourt.state.nh.us/rsa/html/vi/91-a/91-a-mrg.htm; NH RSA 146-C: http://www.gencourt.state.nh.us/rsa/html/X/146-C/146-C-mrg.htm; NH RSA 485-C: http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-L-485-C.htm; NHDES Env-Or
400: https://www.des.nh.gov/organization/commissioner/legal/rules/documents/env-or400.pdf; NHDES Env-Or 600: https://www.des.nh.gov/organization/commissioner/legal/rules/documents/env-or600.pdf.
    (A) ``New Hampshire Statutory and Regulatory Requirements
Applicable to the Underground Storage Tank Program, October 2018.''
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and
regulations which are part of the approved program, but they are not
being incorporated by reference for enforcement purposes, and do not
replace Federal authorities:
    (A) The statutory provisions include:
    (1) New Hampshire Revised Statutes Annotated, Title I, The State
and its Government, Chapter 21-O, Department of Environmental Services,
Section 21-O:9. Waste Management Council; Section 21-O:14
Administrative Appeals.
    (2) New Hampshire Revised Statutes Annotated, Title X, Public
Health, Chapter 146-C Underground Storage Facilities, Section C:5
Records Required, Inspections; Section C:9-a Orders, Injunctions;
Section C:10 Penalty; Section C:10-a Administrative Fines; Section C:11
Liability for Cleanup Costs, Municipal Regulations; Section C:13
Penalty, Persons Strictly Liable; Section C:14 Delivery Prohibition;
Section C:15 Non-Compliant Storage Tanks or Facilities, Red-Tagging
Procedure; Section C:16 Appeals.
    (3) New Hampshire Revised Statutes Annotated, Title L, Water
Management and Protection, Chapter 485-C Groundwater Protection Act,
Section C:15 Investigation and Inspections; Section C:16 Cease and
Desist Orders; Section C:17 Appeals; Section C:18 Administrative Fines;
Section C:19 Penalties and Other Relief.
    (4) New Hampshire Revised Statutes Annotated, Title LV, Proceedings
in Special Cases, Chapter 541 Rehearings and Appeals in Certain Cases.
    (B) The regulatory provisions include:
    (1) New Hampshire Code of Administrative Rules, Chapter Env-Or 400
Underground Storage Tank Facilities: 404.05(b)(3) Signature Required;
404.11 Suspension or Revocation of Permit to Operate.
    (2) [Reserved]
    (iii) Provisions not incorporated by reference. The following
specifically identified statutory and regulatory provisions applicable
to the New Hampshire's UST program are broader in scope than the
Federal program, are not part of the approved program, and are not
incorporated by reference herein for enforcement purposes:
    (A) New Hampshire Code of Administrative Rules, Chapter Env-Or 400
Underground Storage Tank Facilities: 405.05(f) and (g) Spill
Containment; 405.07(a)(2) Dispensing Areas; 405.12(a) Day Tank Markings
Required; 406.12(c) Spill Containment Integrity Testing; 407.01(a)
Application for Approval of UST Systems; 407.06(b-e), (g) and (h) UST
System Design Requirements; 408.05(f) Permanent Closure Required; Part
Env-Or 409 Waivers.
    (B) [Reserved]
    (2) Statement of legal authority. The Attorney General's
Statements, signed by the Attorney General of New Hampshire on November
1, 1990, and June 3, 2019, though not incorporated by reference, are
referenced as part of the approved underground storage tank program
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the original application on January 8, 1991, and as part of the
program revision application for approval on June 24, 2019 though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under Subtitle I of RCRA, 42 U.S.C.
6991 et seq.
    (4) Program description. The program description and any other
material submitted as part of the original application on January 8,
1991, and as part of the program revision application on June 24, 2019,
though not incorporated by reference, are referenced as part of the
approved underground storage tank program under Subtitle I of RCRA, 42
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 1 and the New Hampshire Department of Environmental
Services, signed by the EPA Regional Administrator on February 12, 2019
though not incorporated by reference, is referenced as part of the
approved underground storage tank program under Subtitle I of RCRA, 42
U.S.C. 6991 et seq.

0
3. Appendix A to part 282 is amended by revising the entry for New
Hampshire to read as follows:

Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations

* * * * *

New Hampshire

    (a) The statutory provisions include:

1. New Hampshire Revised Statutes Annotated, Title I, The State and
its Government, Chapter 21-O Department of Environmental Services

    Section O:1. Establishment, General Functions; Section O:8
Division of Waste Management.

2. New Hampshire Revised Statutes Annotated, Title VI, Public
Officers and Employees, Chapter 91-A Access to Government Records
and Meetings

    Section 91-A:1 Preamble, Section 91-A:1-a Definitions, Section
91-A:4 Minutes and Records Available for Public Inspection.

3. New Hampshire Revised Statutes Annotated, Title X Public Health,
Chapter 146-C Underground Storage Facilities

    Section 146-C:1 Definitions; Section 146-C:2 Discharges
Prohibited; Section 146-C:3 Registration of Underground Storage
Facilities; Section 146-C:4 Underground Storage Facility Permit
Required; Section 146-C:6 Transfer of Ownership; Section 146-C:6-a
Exemption; Section 146-C:7 New Facilities; Section 146-C:8
Prohibition Against Reusing Tanks; Section 146-C:17 Operator
Training Required; Section 146-C:18 Operator Training Program
Requirements; Section 146-C:19 Additional Operator Requirements;
Section 146-C:20 Revocation of Operator Training Program Approval;
Section 146-C:21 Repeating Operator Training.

4. New Hampshire Revised Statutes Annotated, Title L Water
Management and Protection, Chapter 485-C Groundwater Protection Act

    Section 485-C:1 Statement of Purpose, Section 485-C:2
Definitions, Section 485-C:3 Duties of the Department, Section 485-
C:5 Classes of Groundwater, Section 485-C:6 Ambient Groundwater
Quality Standards, Section 485-C:6-a Groundwater Management Zones,
Section 485-C:6-b Recordation of Groundwater Management Zone
Permits, Section 485-C:7 Potential Contamination Sources, Section
485-C:8 Inventory and Management, Section 485-C:9 Procedures for
Classification and Reclassification, Section 485-C:10 Degraded
Groundwater, Section 485-C:11 Best Management Practices, Section
485-C:12 Prohibited Uses, Section 485-C:13 Groundwater Release
Detection Permit, Section 485-C:14 Notice to Municipality, Section
485-C:14-b Notification of Groundwater Contamination Required.
    (b) The regulatory provisions include:

1. New Hampshire Code of Administrative Rules, Chapter Env-Or 400
Underground Storage Tank Facilities: (Effective October 10, 2018)

    Part Env-Or 401 Purpose, Applicability, Federal Regulations;
Section 401.01 Purpose; Section 401.02 Applicability; Section 401.03
Exclusions, except 401.03(b); Section 401.04 Date of Incorporated
Federal Regulations;
    Part Env-Or 402 Definitions;
    Part Env-Or 403 Reference Standards; Section 403.01 Availability
and Applicability of Reference Standards; Section 403.02 American
Petroleum Institute, Section 403.03 ASME International, Section
403.04 Fiberglass Tank and Pipe Institute, Section 403.05 NACE
International, Section 403.06 National Fire Protection Association,
Section 403.07 Petroleum Equipment Institute.
    Part Env-Or 404 Registration; Permit to Operate; Required
Notifications and Records; Financial Responsibility; Section 404.01
Registration; Section 404.02 Change from Use Not Previously Covered
to Covered Use; Section 404.03 Change in Product; Section 404.04
Additional Information Required for Registration; Section 404.05
Signature Required, except 404.05(b)(3); Section 404.06 Permit to
Operate Required; Section 404.07 Obtaining a Permit to Operate;
Section 404.08 Display, Applicability, and Validity of Permit to
Operate; Section 404.09 Records to be Maintained; Section 404.10
Transfer of Facility Ownership; Section 404.12 Financial
Responsibility, except 404.12(d)(4) and (m); Section 404.13 Owner
Liability.
    Part Env-Or 405 Equipment Standards; Section 405.01 Tank
Standards for UST Systems; Section 405.02 Piping Standards for UST
Systems; Section 405.03 Secondary Containment for Tanks; Section
405.04 Secondary Containment and Sumps for Piping Systems; Section
405.05 Spill Containment, except 405.05(f) and (g);, and 405.12(a);
Section 405.06 Overfill Protection; Section 405.07 Dispensing Areas,
except for 405.07(a-c), (g), and (h); Section 405.08 Leak Monitoring
Systems for Tanks; Section 405.09 Leak Monitoring Systems for Piping
Systems; Section 405.10 Cathodic Protection Systems; Section 405.11
Changes to Cathodic Protection Systems.
    Part Env-Or 406 Operation, Maintenance, and Testing; Section
406.01 On-Going Maintenance Required; Section 406.02 Operation and
Maintenance of Leak Monitoring Systems; Section 406.03 Delivery or
Transfer of Regulated Substances; Section 406.04 Unusual Operating
Conditions; Section 406.05 Requirements for Tightness Testers and
Test Methods; Section 406.06 Leak Rate Detection Criteria; Section
406.07 Requirements for Test Reports; Section 406.08 Test Failures;
Section 406.09 Automatic Line Leak Detector Testing; Section 406.10
Cathodic Protection System Testing; Section 406.11 Overfill
Prevention Device Testing; Section 406.12 Spill Containment
Integrity Testing, except 406.12(c); Section 406.13 Leak Monitoring
Equipment Testing; Section 406.14 Containment Sump Integrity
Testing; Section 406.15 Hydrostatic Testing Test for Sumps and Spill
Containment; Section 406.16 Pneumatic Tightness Test for Piping;
Section 406.17 Primary Containment System Testing; Section 406.18
Monthly, Bi-Monthly, and Annual Visual Inspections; Section 406.19
Reports of Visual Inspections.
    Part Env-Or 407 Installation Requirements, Section 407.06(a) UST
System Design Requirements.
    Part Env-Or 408 Repair, Closure, Removal; Section 408.01 Repair
of Tanks: Pre-Repair Considerations and Requirements; Section 408.02
Repair of Tanks: Post-Repair Requirements; Section 408.03 Repair and
Replacement of Underground Piping, Containment Sumps, and Spill
Containment; Section 408.04 Temporary Closure; Section 408.05
Permanent Closure Required, except 408.05(f); Section 408.06
Permanent Closure: Notification and Supervision Required; Section
408.07 Procedures for Permanent Closure; Section 408.08 Permanent
Closure: Site Assessment; Section 408.09 Permanent Closure:
Inspection Required; Section 408.10 Permanent
    Closure: Closure Report, Recordkeeping; Section 408.11
Limitations on Re-Use of Tanks. APPENDIX A: State Statutes and
Federal Statutes/Regulation Implemented, APPENDIX B: Incorporation
by Reference Information, APPENDIX C: Statutory Definitions,
APPENDIX D: Excerpts from RSA 146-C, APPENDIX E: 40 CFR Provisions
Referenced.

2. New Hampshire Code of Administrative Rules, Chapter Env-Or 600
Contaminated Site Management: (Effective June 1, 2015)

    Part Env-Or 601 Purpose and Applicability, Section 601.01
Purpose, Section 601.02 Applicability.
    Part Env-Or 602 Definitions.
    Part-Env-Or 603 Groundwater Quality Criteria, Section 603.01
Groundwater Quality Criteria, Section 603.02 Exemptions to
Groundwater Quality Criteria, Section 603.03 Ambient Groundwater
Quality Standards (AGQS).
    Part Env-Or 604 Notification, Section 604.01 Purpose, Section
604.02 Notification of Groundwater Quality Violation, Section 604.03
Exemptions to Notification of Groundwater Quality Violation, Section
604.05 NAPL Notification, Section 604.06 Discharges of Oil Requiring
Immediate Notification, Section 604.07 Potential Discharges of Oil
Requiring Notification Within 60 Days, Section 604.08 Oil
Notification Requirements.
    Part Env-Or 605 Preliminary Response Actions, Section 606.01
Purpose, Section 605.03 Emergency Response Actions for Oil
Discharges, Section 605.04 Initial Response Actions, Section 605.05
Emergency and Initial Response Action Approval, Section 605.06
Emergency and Initial Response Action Reporting Requirements,
Section 605.07 Initial Site Characterization Required, Section
605.08 Initial Site Characterization, Section 605.09 Initial Site
Characterization Report, Section 605.10 Investigation Due to
Discovery of Discharges from Unknown Sources.
    Part Env-Or 606 Comprehensive Response Actions, Section 606.01
Site Investigation Required; Section 606.02 Site Investigation
Request, Exemptions; Section 606.03 Site Investigation Report ;
Section 606.04 Site Background Information; Section 606.05 Summary
of Subsurface Explorations and Sampling; Section 606.06 Site Geology
and Hydrology; Section 606.07 Conceptual Model; Section 606.08
Remedial Alternatives, Summary, and Recommendations; Section 606.09
Appendices; Section 606.10 Remedial Action Plan; Section 606.11
Remedial Action Plan Exemptions; Section 606.12 Remedial Action Plan
Report; Section 606.13 Remedial Action Plan Approval; Section 606.14
Corrective Action Prior to Remedial Action Plan Approval; Section
606.15 Remedial Action Implementation; Section 606.16 Design Plans
and Construction Specifications; Section 606.17 Remedial Action
Implementation Report; Section 606.18 Periodic Status Report;
Section 606.19 Soil Remediation Criteria; Section 606.20 Financial
Assurance; Section 606.21 Financial Assurance Mechanisms.
    Part Env-Or 609 Certificates of Completion or No Further Action,
Section 609.01 Certificate of Completion, Section 609.02 Certificate
of No Further Action.
    Part Env-Or 610 Monitoring and Reporting, Section 610.01
Applicability, Section 610.02 Sampling and Analysis, Section 610.03
Reporting, Section 610.04 Groundwater Monitoring Wells.
    Part Env-Or 611 Contaminated Soil, Section 611.01 Requirements
for Managing Contaminated Soil, Section 611.02 Definitions, Section
611.03 Non-hazardous Oil-Contaminated Soil (NOCS) Certification,
Section 611.04 Contaminated Soil Sampling, Section 611.05
Contaminated Soil Storage, Section 611.06 Contaminated Soil Disposal
and Reuse.
    Appendix A: State States and Federal Statutes/Regulations
Implemented; Appendix B: Incorporation by Reference Information;
Appendix C: Statutory Definitions.
* * * * *

[FR Doc. 2019-23709 Filed 10-31-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Pages 57985-57986]
[FR Doc No: 2016-20258]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Rule 17a-4, SEC File No. 270-198, OMB Control No. 3235-0279.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information provided for in Rule 17a-4 (17 CFR 240.17a-4), under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). The Commission
plans to submit this existing collection of information to the Office
of Management and Budget (``OMB'') for extension and approval.
    Rule 17a-4 requires exchange members, brokers and dealers
(``broker-

dealers'') to preserve for prescribed periods of time certain records
required to be made by Rule 17a-3. In addition, Rule 17a-4 requires the
preservation of records required to be made by other Commission rules
and other kinds of records which firms make or receive in the ordinary
course of business. These include, but are not limited to, bank
statements, cancelled checks, bills receivable and payable, originals
of communications, and descriptions of various transactions. Rule 17a-4
also permits broker-dealers to employ, under certain conditions,
electronic storage media to maintain records required to be maintained
under Rules 17a-3 and 17a-4.
    There are approximately 4,104 active, registered broker-dealers.
The staff estimates that the average amount of time necessary to
preserve the books and records as required by Rule 17a-4 is 254 hours
per broker-dealer per year. In addition, the Commission is moving into
this information collection the annual burden hours for paragraph
(b)(11) of Rule 17a-4, which requires any broker-dealer that sponsors
an internal broker-dealer system to maintain certain records relating
to such system for at least three years. The Commission estimates that
paragraph (b)(11) of Rule 17a-4 imposes an annual burden of 3 hours per
year to maintain the requisite records. The Commission estimates that
there are approximately 150 internal broker-dealer systems, resulting
in an annual recordkeeping burden of 450 hours. Therefore, the
Commission estimates that compliance with Rule 17a-4 requires 1,042,866
hours each year ((4,104 broker-dealers x 254 hours) + (150 broker-
dealers x 3 hours). These burdens are recordkeeping burdens.
    The staff believes that compliance personnel would be charged with
ensuring compliance with Commission regulation, including Rule 17a-4.
The staff estimates that the hourly salary of a Compliance Clerk is $65
per hour.\1\ Based upon these numbers, the total internal cost of
compliance for 4,104 respondents is the dollar cost of approximately
$67.8 million (1,042,416 yearly hours x $65). The total burden hour
decrease of 242,062 is due to a decrease in the number of respondents
from 5,057 to 4,104.
---------------------------------------------------------------------------

    \1\ This figure is based on SIFMA's Office Salaries in the
Securities Industry 2016, modified by Commission staff to account
for an 1,800-hour work-year multiplied by 2.93 to account for
bonuses, firm size, employee benefits, and overhead.
---------------------------------------------------------------------------

    Based on conversations with members of the securities industry and
the Commission's experience in the area, the staff estimates that the
average broker-dealer spends approximately $5,000 each year to store
documents required to be retained under Rule 17a-4. Costs include the
cost of physical space, computer hardware and software, etc., which
vary widely depending on the size of the broker-dealer and the type of
storage media employed. The Commission estimates that the annual
reporting and recordkeeping cost burden is $20,520,000. This cost is
calculated by the number of active, registered broker-dealers
multiplied by the reporting and recordkeeping cost for each respondent
(4,104 active, registered broker-dealers x $5,000).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimate of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: Pamela Dyson, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549, or send an email
to<EMAIL_ADDRESS>
    Dated: August 19, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-20258 Filed 8-23-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Proposed Rules]
[Pages 22740-22743]
[FR Doc No: 2019-10231]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0274; Product Identifier 2019-NE-07-AD]
RIN 2120-AA64

Airworthiness Directives; International Aero Engines AG Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
International Aero Engines AG (IAE) V2525-D5 and V2528-D5 model
turbofan engines. This proposed AD was prompted by reports of cracked
turbine exhaust cases (TECs). This proposed AD would require initial
and repetitive inspections of the affected TEC and,

depending on the results of the inspections, its replacement with a
part eligible for installation. We are proposing this AD to address the
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by July 5, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC, 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact
International Aero Engines AG, 400 Main Street, East Hartford, CT,
06118; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>internet: http://fleetcare.pw.utc.com. You may view this service information at the FAA,
Engine and Propeller Standards Branch, 1200 District Avenue,
Burlington, MA 01803. 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 by searching for and locating Docket No. FAA-2019-
0274; 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 NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Martin Adler, Aerospace Engineer, ECO
Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-
238-7157; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0274;
Product Identifier 2019-NE-07-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    We learned of cracks along the rear mount stiffener rails on three
IAE V2525-D5 and V2528-D5 model turbofan engine TECs that were found
during routine inspections. After an investigation, IAE concluded that
the cracks were due to corrosion pitting at a high-stress location.
This condition, if not addressed, could result in failure of the TEC,
engine separation, and loss of the airplane.

Related Service Information Under 1 CFR Part 51

    We reviewed IAE Non-Modification Service Bulletin (NMSB) V2500-ENG-
72-0694, Revision No. 2, dated July 2, 2018. The NMSB describes
procedures for detecting any cracks that develop along the rear mount
stiffener rail on the TEC. 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.

FAA's Determination

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

Proposed AD Requirements

    This proposed AD would require initial and repetitive inspections
of the affected TEC and, depending on the results of the inspections,
its replacement with a part eligible for installation.

Costs of Compliance

    We estimate that this proposed AD affects 173 engines installed on
airplanes of U.S. registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspect turbine exhaust case..........  3 work-hours x $85 per                $0            $255         $44,115
                                         hour = $255.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the proposed 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
----------------------------------------------------------------------------------------------------------------
Replace turbine exhaust case..................  2 work-hours x $85 per hour =           $725,000        $725,170
                                                 $170.
----------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

International Aero Engines AG: Docket No. FAA-2019-0274; Product
Identifier 2019-NE-07-AD.

(a) Comments Due Date

    We must receive comments by July 5, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all International Aero Engines AG (IAE)
V2525-D5 and V2528-D5 model turbofan engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine
section.

(e) Unsafe Condition

    This AD was prompted by reports of a cracked turbine exhaust
case (TEC). We are issuing this AD to prevent failure of the TEC.
The unsafe condition, if not addressed, could result in engine
separation and loss of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) At the next engine shop visit, but not later than 4,000
flight cycles (FCs) after the effective date of this AD, perform an
eddy current inspection (ECI) and high sensitivity fluorescent
penetrant inspection (FPI) of the TEC front and rear mount stiffener
rails for cracking indications as follows:
    (i) Perform an ECI using the Accomplishment Instructions, Part
I--For Engines Installed on Aircraft, paragraphs 2 through 19
inclusive, or Part II--For Engines Not Installed on Aircraft,
paragraphs 2 through 18 inclusive, of IAE Non-Modification Service
Bulletin (NMSB) V2500-ENG-72-0694, Revision No. 2, dated July 2,
2018 (``IAE NMSB V2500-ENG-72-0694'').
    (ii) If a rejectable indication was found during the ECI,
perform a local high sensitivity FPI to confirm a crack.
    (iii) If a rejectable indication was found during the ECI, but
no crack(s) were confirmed using the local high sensitivity FPI,
then clean, blend and repeat the ECI in the local area of the part.
Use the Accomplishment Instructions, Part I--For Engines Installed
on Aircraft, paragraph 20.A.(3), or Part II--For Engines Not
Installed on Aircraft, paragraph 19.A.(3), of IAE NMSB V2500-ENG-72-
0694 to perform the cleaning and blending. Use the Accomplishment
Instructions, Part I--For Engines Installed on Aircraft, paragraphs
2 through 19 inclusive, or Part II--For Engines Not Installed on
Aircraft, paragraphs 2 through 18 inclusive, of IAE NMSB V2500-ENG-
72-0694 to perform the repeat ECI.
    (iv) If a rejectable indication was again found during the
repeat ECI, then repeat the local high sensitivity FPI inspection in
the local area of the part. If the local high sensitivity FPI does
not confirm a crack, follow the instructions in the Accomplishment
Instructions, Part I--For Engines Installed on Aircraft, paragraph
20.A.(5)(a), or Part II--For Engines Not Installed on Aircraft,
paragraph 19.A.(5)(a), of IAE NMSB V2500-ENG-72-0694.
    (2) If no cracks were found, within 2,000 FCs since the last
inspection, and thereafter, repeat the inspections of paragraphs
(g)(1)(i) through (iv) of this AD.
    (3) If a crack was confirmed during the FPI and visual
inspection required by paragraphs (g)(1)(ii) or (iv), before further
flight, remove the part from service and replace with a part
eligible for installation.

(h) Credit for Previous Actions

    You may take credit for the inspections required by paragraph
(g)(1) of this AD if you performed these inspections before the
effective date of this AD, using IAE NMSB V2500-ENG-72-0694,
Revision No. 1, dated February 7, 2018; or IAE NMSB V2500-ENG-72-
0694, Original Issue, dated January 5, 2018.

(i) No Reporting Requirement

    No reporting requirement contained within the NMSB referenced in
paragraph (g) of this AD is required by this AD.

(j) Definition

    For the purpose of this AD, an ``engine shop visit'' is the
induction of an engine into the shop for maintenance involving the
separation of pairs of major mating engine case flanges, except that
the separation of engine flanges solely for the purposes of
transportation without subsequent engine maintenance does not
constitute an engine shop visit.

(k) Special Flight Permit

    A special flight permit is not permitted if the crack indication
extends past the mount stiffener rail or if there is evidence of an
FPI indication on the outer diameter of the case.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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
certification office, send it to the attention of the person
identified in paragraph (m)(1) of this AD. You may email your
request 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.

(m) Related Information

    (1) For more information about this AD, contact Martin Adler,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
International Aero Engines AG, 400 Main Street, East Hartford, CT
06118; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>internet:
http://fleetcare.pw.utc.com. You may view this referenced service
information at the FAA, Engine and Propeller Standards Branch, 1200
District Avenue, Burlington, MA, 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on May 13, 2019.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2019-10231 Filed 5-17-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Rules and Regulations]
[Pages 61529-61531]
[FR Doc No: 2018-26026]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0869; Product Identifier 2018-NE-32-AD; Amendment
39-19435; AD 2018-20-01]
RIN 2120-AA64

Airworthiness Directives; CFM International S.A. Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all CFM
International S.A. (CFM) LEAP-1B21, LEAP-1B23, LEAP-1B25, LEAP-1B27,
LEAP-1B28, LEAP-1B28B1, LEAP-1B28B2, LEAP-1B28B2C, LEAP-1B28B3, LEAP-
1B28BBJ1, and LEAP-1B28BBJ2 turbofan engines with a certain high-
pressure turbine (HPT) stator case (HPT cases) installed. This AD
requires removal of affected HPT cases from service and their
replacement with a part eligible for installation. This AD was prompted
by the discovery of a quality escape at a manufacturing facility
involving unapproved welds on HPT cases. We are issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective December 17, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 17,
2018.
    We must receive comments on this AD by January 14, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact CFM
International Inc., Aviation Operations Center, 1 Neumann Way, M/D Room
285, Cincinnati, OH 45125; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected]. You may view this service
information at the FAA, Engine and Propeller Standards Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0869.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0869; 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 regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations (phone:
800-647-5527) is listed above. Comments will be available in the AD
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Christopher McGuire, Aerospace
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We learned from CFM of a quality escape at one of their suppliers,
AECC Aero Science and Technology Co., Ltd., which was performing welds
on newly-manufactured components to correct errors introduced in their
manufacturing process. These welds were not reviewed or approved by
either CFM or the FAA. CFM's review of manufacturing records determined
that these parts include HPT cases installed on CFM LEAP-1B turbofan
engines. These HPT cases are life limited. The unapproved repairs
reduced the material capability of these cases which requires their
removal prior to reaching their published Airworthiness Limitation
Section life limit. This condition, if not addressed, could result in
failure of the HPT case, engine fire, and damage to the airplane. We
are issuing this AD to address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    We reviewed CFM Service Bulletin (SB) LEAP-1B-72-00-0193-01A-930A-
D, Issue 003, dated November 5, 2018. The SB describes procedures for
removing the affected HPT cases from the engine. 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.

FAA's Determination

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

AD Requirements

    This AD requires removal of the affected HPT cases from service and
their replacement with a part eligible for installation.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to the adoption of this rule
because the compliance time for the required action is shorter than the
time necessary for the public to comment and for us to publish the
final rule. Certain HPTs cases must be removed within 200 cycles after
the effective date of this AD to ensure they do not fail. Therefore, we
find good cause that notice and opportunity for prior public comment
are impracticable. In addition, for the reason stated above, we find
that good cause exists for making this amendment effective in less than
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2018-
0869 and Product Identifier 2018-NE-32-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,

economic, environmental, and energy aspects of this final rule. We will
consider all comments received by the closing date and may amend this
final rule because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this final rule.

Costs of Compliance

    We estimate that this AD affects two engines installed on airplanes
of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on  U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Remove HPT case and FPI of forward      1000 work-hour x $85 per        $179,400        $264,400        $528,800
 flange.                                 hour = $85,000.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
Replace combustion case assembly..............  10 work-hours x $85 per hour =          $558,800        $559,650
                                                 $850.
----------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

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) 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 adding the following new airworthiness
directive (AD):

2018-20-01 CFM International S.A.: Amendment 39-19435; Docket No.
FAA-2018-0869; Product Identifier 2018-NE-32-AD.

(a) Effective Date

    This AD is effective December 17, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to CFM International S.A. (CFM) LEAP-1B21, LEAP-
1B23, LEAP-1B25, LEAP-1B27, LEAP-1B28, LEAP-1B28B1, LEAP-1B28B2,
LEAP-1B28B2C, LEAP-1B28B3, LEAP-1B28BBJ1, and LEAP-1B28BBJ2 turbofan
engines with a high-pressure turbine (HPT) stator case (HPT case),
part number (P/N) 2541M81G01 installed, and with any HPT case serial
number (S/N) listed in Table 1 or Table 2 of Planning Information,
paragraph 3.A., of CFM Service Bulletin (SB) LEAP-1B-72-00-0193-01A-
930A-D, Issue 003, dated November 5, 2018.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine
Section.

(e) Unsafe Condition

    This AD was prompted by the discovery of a quality escape at a
manufacturing facility involving unapproved welds on HPT cases. We
are issuing this AD to prevent failure of the HPT case. The unsafe
condition, if not addressed, could result in engine fire and damage
to the airplane.

(f) Compliance

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

(g) Required Actions

    (1) After the effective date of this AD, remove the affected HPT
case from service no later than the number of cycles in service
specified in Table 1 or Table 2 of Planning Information, paragraph
3.A., of CFM SB LEAP-1B-72-00-0193-01A-930A-D, Issue 003, dated
November 5, 2018.
    (2) After removing the HPT case as required in paragraph (g)(1)
of this AD, and before further flight, determine if the combustor
diffuser nozzle (CDN) case, P/N 2548M30G01 to 2548M30G07, inclusive,
and with any CDN case S/N listed in Table 1 or Table 2 of Planning
Information, paragraph 3.A., of CFM SB LEAP-1B-72-00-0193-01A-930A-
D, Issue 003, dated November 5, 2018, needs to be replaced as
follows:
    (i) Inspect the HPT case forward flange outer diameter using the
Accomplishment Instructions, paragraphs 5.B.(1), 5.B.(2), and
5.B.(4) of CFM SB LEAP-1B-72-00-0193-01A-930A-D, Issue 003, dated
November 5, 2018.
    (ii) If, during the inspection required by paragraph (g)(2)(i)
of this AD, you find an HPT case forward flange cracked across the
full axial length of the outer diameter, remove the CDN case, P/N
2548M30G01 to 2548M30G07, inclusive, from service and, before
further flight, replace with a part eligible for installation.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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
certification office, send it to the attention of the person
identified in paragraph (i) of this AD. You may email your request
to: [email protected].
    (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.

(i) Related Information

    For more information about this AD, contact Christopher McGuire,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

(j) 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.
    (i) CFM Service Bulletin LEAP-1B-72-00-0193-01A-930A-D, Issue
003, dated November 5, 2018.
    (ii) [Reserved]
    (3) For CFM service information identified in this AD, contact
CFM International Inc., Aviation Operations Center, 1 Neumann Way,
M/D Room 285, Cincinnati, OH 45125; phone:<PHONE_NUMBER>; fax: 877-
432-3329; email: [email protected].
    (4) You may view this service information at FAA, Engine and
Propeller Standards Branch, 1200 District Avenue, Burlington, MA
01803. 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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on November 26, 2018.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2018-26026 Filed 11-29-18; 8:45 am]
BILLING CODE 4910-13-P