[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Notices]
[Pages 24038-24039]
[FR Doc No: 2011-10399]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2011-0012]

Agency Information Collection Activities: Proposed Collection;
Comment Request, 1660-NEW; Level 1 Assessment and Level III Evaluations
for the Center for Domestic Preparedness (CDP)

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; 60-day notice and request for comments; new information
collection; OMB No. 1660-NEW; FEMA Form 092-0-2, Level 1 Assessment
Form; FEMA Form 092-0-2A, Level 3 Evaluation Form for Students; FEMA
Form 092-0-2B, Level 3 Evaluation Form for Supervisors.

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SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on a proposed new information collection. In accordance with
the Paperwork Reduction Act of 1995, this notice seeks comments
concerning course evaluations for the Center for Domestic Preparedness.

DATES: Comments must be submitted on or before June 28, 2011.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at http://www.regulations.gov under
Docket ID FEMA-2011-0012. Follow the instructions for submitting
comments.
    (2) Mail. Submit written comments to Docket Manager, Office of
Chief Counsel, DHS/FEMA, 500 C Street, SW., Room 835, Washington, DC
20472-3100.
    (3) Facsimile. Submit comments to<PHONE_NUMBER>.
    (4) E-mail. Submit comments to<EMAIL_ADDRESS>Include Docket
ID FEMA-2011-0012 in the subject line.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available via the link in the footer of http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Linda S. Pressley, Assistant Director
of Analysis and Evaluation, Center for Domestic Preparedness, 256-847-
2685 for additional information. You may contact the Records Management
Division for copies of the proposed collection of information at
facsimile number<PHONE_NUMBER> or e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Center for Domestic Preparedness (CDP)
is required by Congress to identify, develop, test, and deliver
training to State, local, and Tribal emergency response providers,
provide on-site and mobile training at the performance and management
and planning levels, and facilitate the delivery of training by the
training partners of the Department of Homeland Security pursuant to
Section 1204 of the Implementing Recommendations of the 9/11 Commission
Act of 2007, Public Law 110-53, 121 Stat. 266, August 3, 2007 (codified
at 6 U.S.C. 1102). The collection of this data will help facilitate
that Congressional mandate.

Collection of Information

    Title: Level 1 Assessment and Level III Evaluations for the Center
for Domestic Preparedness (CDP).
    Type of Information Collection: New information collection.
    OMB Number: OMB No. 1660-NEW.
    Form Titles and Numbers: FEMA Form 092-0-2, Level 1 Assessment
Form; FEMA Form 092-0-2A, Level 3 Evaluation Form for Students; FEMA
Form 092-0-2B, Level 3 Evaluation Form for Supervisors.
    Abstract: The forms in this collection of information will be used
to survey the Center for Domestic Preparedness (CDP) students (and
their supervisors) enrolled in CDP courses. The survey will collect
information regarding quality of instruction, course material, and
impact of training on their professional employment.
    Affected Public: State, local or Tribal government.
    Estimated Total Annual Burden Hours: 18,000 hours.

                                               Annual Hour Burden
----------------------------------------------------------------------------------------------------------------
  Data collection activity/       Number of     Frequency of    Hour burden per       Annual       Total annual
          instrument             respondents      responses         response         responses     burden hours
----------------------------------------------------------------------------------------------------------------
Level 1 Assessment Form, FEMA          52,000               1  15 minutes (.25            52,000          13,000
 Form 092-0-2.                                                  hours)
Level 1 Assessment Form, FEMA          13,000               1  15 minutes (.25            13,000           3,250
 Form 092-0-2.                                                  hours)
Level 3 Evaluation Form for             1,500               1  15 minutes (.25             1,500             375
 Students, FEMA Form 092-0-2A.                                  hours)
Level 3 Evaluation Form for             2,000               1  15 minutes (.25             2,000             500
 Students, FEMA Form 092-0-2A.                                  hours)
Level 3 Evaluation Form for             1,500               1  15 minutes (.25             1,500             375
 Supervisors, FEMA Form 092-0-                                  hours)
 2B.
Level 3 Evaluation Form for             2,000               1  15 minutes (.25             2,000             500
 Supervisors, FEMA Form 092-0-                                  hours)
 2B.
Level 1 Assessment Form, FEMA          52,000               1  15 minutes (.25            52,000          13,000
 Form 092-0-2.                                                  hours)
                              ----------------------------------------------------------------------------------
     Total...................          72,000  ..............  .................  ..............          18,000
----------------------------------------------------------------------------------------------------------------

    Estimated Cost: There are no annual start-up or capital costs.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
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; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) 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.

    Dated: April 19, 2011.
Lesia M. Banks,
Director, Records Management Division, Mission Support Bureau, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2011-10399 Filed 4-28-11; 8:45 am]
BILLING CODE 9111-53-P


[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Rules and Regulations]
[Pages 42687-42689]
[FR Doc No: 2020-15133]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0644; Product Identifier 2019-CE-057-AD; Amendment
39-21160; AD 2020-14-06]
RIN 2120-AA64

Airworthiness Directives; Diamond Aircraft Industries Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Diamond Aircraft Industries Models DA 40, DA 40 F, and DA 40 NG
airplanes. This AD results from mandatory continuing airworthiness
information (MCAI) issued by the aviation authority of another country
to identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as deterioration of the fuel tank
connection hoses that could result in restriction of fuel flow leading
to fuel starvation and reduced control of the airplane. The FAA is
issuing this AD to require actions to address the unsafe condition on
these products.

DATES: This AD is effective August 4, 2020.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of August 4,
2020.
    The FAA must receive comments on this AD by August 31, 2020.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://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 AD, contact Customer
Support, Diamond Aircraft Industries, Inc., 1560 Crumlin Sideroad,
London, Ontario, Canada, N5V 1S2; Phone:<PHONE_NUMBER>, Fax: (519)
457-4045; Email<EMAIL_ADDRESS>You may view this
referenced service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0644.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0644; 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 AD, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Joseph Catanzaro, Aerospace Engineer,
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada, which is the aviation authority for Canada, has
issued AD No. CF-2019-39, dated October 31, 2019 (referred to after
this as ``the MCAI''), to correct an unsafe condition for Diamond
Aircraft Industries Models DA 40, DA 40 D, DA 40 F, and DA 40 NG
airplanes. The MCAI states:

    Diamond Aircraft Industries (DAI) has received reports of fuel
tank connection hose deterioration on the DA 40 aeroplanes. In a
number of cases, rubber parts from the hoses were found in the fuel
tank and gascolator. Investigation determined that the affected
connection hoses originated from two isolated batches. Some of the
affected hoses were installed on aeroplanes during production, while
others were sold as replacement parts.
    Deterioration of fuel tank connection hoses, if not corrected,
could result in contamination of the fuel system and restriction of
fuel flow, leading to fuel starvation and reduced control of the
aeroplane.
    To address this unsafe condition, DAI issued Mandatory Service
Bulletins (MSBs) to provide instructions for identifying and
replacing the affected parts. The MSBs also provide instructions to
inspect the fuel tank chambers and remove rubber parts that have
detached from the hoses. This AD mandates replacement of the
affected parts, associated inspections and corrective actions
detailed in the MSBs.

    You may examine the MCAI on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0644.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following Diamond Aircraft Industries
Mandatory Service Bulletins: MSB 40-087, Revision 3, dated November 5,
2019, for the Model DA 40 airplanes; MSB F4-037, Revision 3, dated
November 5, 2019, for the Model DA 40 F airplanes; and MSB 40NG-064,
Revision 2, dated August 29, 2019, for the Model DA 40 NG airplanes.
The FAA also reviewed the following Diamond Aircraft Industries Work
Instructions: WI-MSB 40-087, Revision 0, dated July 1, 2019, for the
Model DA 40 airplanes; WI-MSB F4-037, Revision 0, dated July 1, 2019,
for the Model DA 40 F airplanes; and WI-MSB 40NG-064, Revision 0, dated
July 1, 2019, for the Model DA 40 NG airplanes. In combination for the
applicable model airplane, the service bulletins and work instructions
contain procedures for identifying and replacing affected parts,
inspecting the fuel tank chambers, and removing rubber material that
has detached from the hoses. 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 and Requirements of the AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, it has
notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this AD
because the FAA evaluated all information provided by the State of
Design Authority and determined the unsafe condition exists and is
likely to exist or develop on other products of the same type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
deterioration of fuel tank connection hoses could result in
contamination of the fuel system and restriction of fuel flow,
resulting in fuel starvation and reduced control of the airplane.
Additionally, the compliance time for the required actions is shorter
than the time necessary for the public to comment and for publication
of the final rule. Therefore, the FAA finds good cause that notice and
opportunity for prior public comment are impracticable. In addition,
for the reasons stated above, the FAA finds 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 the FAA did not precede it by notice and opportunity for
public comment. The FAA invites you to send any written relevant data,
views, or arguments about this AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0644;
Product Identifier 2019-CE-057-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. The FAA will
consider all comments received by the closing date and may amend this
AD because of those comments.
    The FAA will post all comments it receives, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact it receives about this AD.

Costs of Compliance

    The FAA estimates that this AD will affect 737 products of U.S.
registry. The FAA also estimates that it would take about 16 work-hours
per product to comply with the requirements of this AD. The average
labor rate is $85 per work-hour. Required parts would cost about $48
per product.
    Based on these figures, the FAA estimates the cost of the AD on
U.S. operators to be $1,408 per airplane, or $1,037,696 for the U.S.
fleet.

Authority for This Rulemaking

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

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.

Regulatory Findings

    The FAA determined that this proposed 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, and
    (2) Will not affect intrastate aviation in Alaska.

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):

2020-14-06 Diamond Aircraft Industries Inc.: Amendment 39-21160;
Docket No. FAA-2020-0644; Product Identifier 2019-CE-057-AD.

(a) Effective Date

    This AD becomes effective August 4, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries Inc. Models DA
40, DA 40 F, and DA 40 NG airplanes (including Model DA 40 NG
airplanes that have been converted from the Model DA 40 D), all
serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 28: Fuel System.

(e) Reason

    This AD was prompted by deterioration of the fuel tank
connection hoses, which if not addressed, could result in
contamination of the fuel system and restriction of fuel flow. The
FAA is issuing this AD to detect and prevent fuel starvation and
reduced control of the airplane.

(f) Actions and Compliance

    (1) For purposes of this AD, ``affected part'' means a fuel tank
connection hose that meets the criteria in paragraph (f)(1)(i),
(ii), or (iii) of this AD.
    (i) Part number (P/N) D4D-2817-10-70 installed during production
on Model DA 40 NG airplanes with a serial number listed in Section
I.2. of Diamond Aircraft Industries Mandatory Service Bulletin No.
MSB 40NG-064, Revision 2, dated August 29, 2019; or
    (ii) P/N D4D-2817-10-70 or BENOLPRESS (no part number) purchased
between July 13, 2017, and February 26, 2019, as listed in Section
I.11 of Diamond Aircraft Industries Mandatory Service Bulletin No.
MSB 40-087, Revision 3, dated November 5, 2019;

Diamond Aircraft Industries Mandatory Service Bulletin No. MSB 40NG-
064, Revision 2, dated August 29, 2019; or Diamond Aircraft
Industries Mandatory Service Bulletin No. MSB F4-037, Revision 3,
dated November 5, 2019; or
    (iii) P/N D4D-2817-10-70 installed as a replacement part on or
after July 13, 2017, if it is unknown whether the part meets the
criteria in paragraph (f)(1)(i) or (ii) of this AD.
    (2) Unless already done, within 100 hours time-in-service (TIS)
after August 4, 2020 or within 2 months after August 4, 2020,
whichever occurs first, replace each affected part, inspect the main
fuel tank chambers, and remove any detached rubber material in
accordance with Sections III.1 and III.2 of the Instructions in
Diamond Aircraft Industries Work Instruction WI-MSB 40-087, Revision
0, dated July 1, 2019; Diamond Aircraft Industries Work Instruction
WI-MSB F4-037, Revision 0, dated July 1, 2019; or Diamond Aircraft
Industries Work Instruction WI-MSB 40NG-064, Revision 0, dated July
1, 2019; as applicable to your model airplane, except you are not
required to report information to the manufacturer.
    (3) As of August 4, 2020, do not install an affected part on any
airplane.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, New York ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. Send your request to your principal inspector (PI)
or local Flight Standards District Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to Joseph Catanzaro, Aerospace Engineer, FAA, New
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, New York
11590; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate PI,
or lacking a PI, the manager of the local Flight Standards District
Office.

(h) Related Information

    Refer to Transport Canada AD No. CF-2019-39, dated October 31,
2019. You may examine the Transport Canada AD on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0644.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Diamond Aircraft Industries Mandatory Service Bulletin No.
MSB 40-087, Revision 3, dated November 5, 2019.
    (ii) Diamond Aircraft Industries Mandatory Service Bulletin No.
MSB 40NG-064, Revision 2, dated August 29, 2019.
    (iii) Diamond Aircraft Industries Mandatory Service Bulletin No.
MSB F4-037, Revision 3, dated November 5, 2019.
    (iv) Diamond Aircraft Industries Work Instruction WI-MSB 40-087,
Revision 0, dated July 1, 2019.
    (v) Diamond Aircraft Industries Work Instruction WI-MSB 40NG-
064, Revision 0, dated July 1, 2019.
    (vi) Diamond Aircraft Industries Work Instruction WI-MSB F4-037,
Revision 0, dated July 1, 2019.
    (3) For Diamond Aircraft Industries, Inc. service information
identified in this AD, contact Customer Support, Diamond Aircraft
Industries, Inc., 1560 Crumlin Sideroad, London, Ontario, Canada,
N5V 1S2; Phone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>; Email<EMAIL_ADDRESS>    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0644.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 1, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-15133 Filed 7-14-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Proposed Rules]
[Pages 63929-63933]
[FR Doc No: 2013-25262]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0202; FRL-9902-04-Region 6]

Approval and Promulgation of Air Quality Implementation Plans;
Texas; Revisions to Rules and Regulations for Control of Air Pollution;
Permitting of Grandfathered Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve revisions of the Texas State
Implementation Plan submitted by the Texas Commission on Environmental
Quality (TCEQ, or Commission) on July 31, 2002; September 4, 2002; and
March 1, 2004. These revisions require that all grandfathered
facilities obtain specific permits which include emission control
methods to achieve mandated emission reductions, as required, or
shutdown; and require that emissions from dockside vessels which result
from operations at grandfathered land-based facilities be included in
specific permits. The revisions also outline additional permitting
procedures for certain grandfathered pipeline equipment located in an
ozone nonattainment area.
    These permitting requirements and emissions reductions will
contribute to achieving attainment and help ensure attainment and
continued maintenance of the National Ambient Air Quality Standards
(NAAQS) for ozone in the State of Texas. EPA is proposing the revisions
under section 110, part C, and part D of the Act, and EPA's
regulations.

DATES: Written comments must be received on or before November 25,
2013.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2011-0202, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions.
     Email: Mr. Rick Barrett at<EMAIL_ADDRESS>
Please also send a copy by email to the person listed in the FOR
FURTHER INFORMATION CONTACT section below.
     Mail or delivery: Mr. Rick Barrett, Air Permits Section
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2011-0202. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means that 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 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 along with any disk or CD-ROM
submitted. 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 and any form of encryption and should be free of any
defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment with
the person listed in the FOR FURTHER INFORMATION CONTACT paragraph
below or Mr. Bill Deese at<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett (6PD-R), Air Permits

Section, telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``our,''
and ``us'' refers to EPA.

Table of Contents

I. Background
II. What Action is EPA proposing?
    A. July 31, 2002 Submittal
    B. September 4, 2002 Submittal
    C. March 4, 2004 Submittal
    D. Analysis
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

    The 77th Texas State Legislature, 2001, amended the Texas Health
and Safety Code (THSC) and the Texas Clean Air Act (TCAA) to require
that all grandfathered facilities obtain permits. A ``grandfathered
facility'' is one that existed at the time the Legislature amended the
TCAA in 1971. Texas began permitting new and modified sources in 1971,
and sources built before Texas' permitting rules became effective were
not required to obtain permits for air emissions as long as they were
not modified as defined under Texas' New Source Review (NSR) State
Implementation Plan (SIP) program.
    The purpose of this rulemaking by EPA is to propose approval of the
TCEQ's permit and emission control requirements for grandfathered
facilities and related permit application, monitoring, reporting and
public notice procedures. Specifically, the permit application
requirements, methods for monitoring and reporting emissions, and
public notice procedures for grandfathered facilities are the subject
of this proposed rule.

II. What action is EPA proposing?

    We are proposing to fully approve certain revisions to 30 TAC
Chapter 116, submitted by the State of Texas on July 31, 2002, and
September 4, 2002. We are also proposing to fully approve the revisions
to 30 TAC Chapter 116 submitted by the State of Texas on March 1, 2004.
We are proposing to fully approve the July 31, 2002, and the September
4, 2002, submittals except for a severable portion in each which allows
owners or operators of grandfathered facilities to apply for an
existing facility flexible permit under the State's Flexible Permit
Program. We will take separate action in the future in the Federal
Register on the submittals with regard to the ``Existing Facility
Flexible Permit'' portion. Also, please note that EPA's action on 30
TAC Chapter 116, Subchapter A: ``Definitions,'' section 116.18, and 30
TAC Chapter 116, Subchapter I: ``Electric Generating Facility
Permits,'' sections 116.910--116.930, were previously acted on in a
separate notice. See 76 FR 1525 (January 11, 2011).
    The July 31, 2002, submittal concerns Subchapter H: ``Permits for
Grandfathered Facilities,'' at 30 TAC sections 116.770-772, 116.774-
777, 116.779-781, 116.783, 116.785-788, 116.790, 116.793-802, and
116.804-807. The TCEQ adopted these revisions on May 22, 2002.
    The September 4, 2002, submittal concerns Subchapter H: ``Permits
for Grandfathered Facilities,'' at 30 TAC sections 116.778 and 116.803;
and Subchapter I: ``Electric Generating Facility Permits,'' at 30 TAC
section 116.919. The TCEQ adopted these revisions on August 21, 2002.
    The March 1, 2004, submittal concerns Subchapter H: ``Permits for
Grandfathered Facilities,'' at 30 TAC sections 116.770 and 116.772. The
TCEQ adopted these revisions on January 28, 2004.
    Our Technical Support Document (TSD) contains a more detailed
explanation of the submittal and the underlying regulatory
requirements. The TSD is available in the public docket for this
rulemaking.

A. July 31, 2002 Submittal

    In the July 31, 2002 submittal, Texas submitted new and amended
rules to Chapter 116, which include Subchapter A: ``Definitions,''
delineating certain definitions of words and terms used in Subchapter
I; Subchapter H: ``Permits for Grandfathered Facilities'', Division 1,
``General Applicability;'' Division 2, ``Small Business Stationary
Source Permits, Pipeline Facilities Permits, and Existing Facility
Permits;'' Division 3, ``Existing Facility Flexible Permits;'' and
Subchapter I: ``Electric Generating Facility Permits.'' In addition,
Texas submitted 30 TAC Chapter 39, ``Public Notice,'' which includes
Subchapter H: ``Applicability and General Provisions,'' and Subchapter
K: ``Public Notice of Air Quality Applications.''
    The above-referenced provisions contained in the Subchapter A and
Subchapter I of Chapter 116, and Subchapter H and Subchapter K of
Chapter 39, are severable and not part of today's proposal action. The
provisions in Subchapter A and Subchapter I of Chapter 116 were
previously acted on. See 76 FR 1525 (January 11, 2011). The provisions
in Subchapter H and Subchapter K of Chapter 39 were previously
withdrawn. See letter dated July 2, 2010, from the TCEQ to EPA Region
6, in the public docket for this proposed action. Also, in the July 31,
2002 submittal concerning Chapter 116, Subchapter H: ``Permits for
Grandfathered Facilities,'' Division 3, ``Existing Facility Flexible
Permits,'' sections 116.793-802 and 116.804-807 are severable and will
be acted on in a future separate rulemaking. By severable, we mean that
these sections can be implemented independently of the remaining
portions of the submittal without affecting the stringency of the
submitted rules.
    EPA is acting only on a portion of Subchapter H: ``Permits for
Grandfathered Facilities'': Division 1 and Division 2. The submitted
amendments to Subchapter H, Permits for Grandfathered Facilities,
implement the portions of TCAA, section 382.0158, which create new
types of permits for grandfathered facilities. Division 1 and Division
2 representative sections include section 116.770, Requirements to
Apply; section 116.774, Eligibility for Small Business Stationary
Source Permits; section 116.775, Eligibility for Pipeline Facilities
Permits; section 116.777, Eligibility for Existing Facility Permits;
section 116.779, Applications for Small Business Stationary Source
Permits, Pipeline Facilities Permits, or Existing Facility Permits; and
section 116.783, Notice of Final Action on Pipeline Facilities Permit
Applications and Existing Facility Permit Applications.
    In section 116.770, the owner or operator of a grandfathered
facility must apply for a permit to operate the facility under Chapter
116, qualify for a permit by rule under Chapter 106, or submit a notice
of shutdown. Specific deadlines for facilities to apply are: Before
September 1, 2003 for facilities located in the East Texas region, and
before September 1, 2004 for facilities located in the West Texas
region and El Paso County.
    Section 116.774 identifies the types of facilities which are
eligible for a small business stationary source permit in accordance
with TCAA, section 382.05184. Only the owners or operators of
facilities located at small business stationary sources and which are
not required to submit emissions inventories to the commission may
apply for a small business stationary source permit. The owner or
operator must apply for the small business stationary source permit
before September 1, 2004. The new section specifies that any
grandfathered facility, including any facility for which the owner or
operator has submitted a notice of shutdown located at a small business
stationary source, may not emit air contaminants on or after March 1,

2008, unless the facility is permitted or has a pending permit
application under Chapter 116, or a pending registration for a permit
by rule under Chapter 106. The new section also requires an application
for a small business stationary source permit to be submitted under the
seal of a Texas licensed professional engineer, if required, and states
that the facility's owner or operator is responsible for applying for
the permit and complying with the subchapter. A small business
stationary source may not emit air contaminants on or after March 1,
2008, unless the facility is permitted, has a permit application
pending, or has a registration or pending registration for a permit by
rule.
    Section 116.775 identifies the types of facilities which are
eligible for a pipeline facilities permit in accordance with TCAA,
section 382.05186. The owner or operator of a grandfathered
reciprocating internal combustion engine or group of engines that are
part of processing, treating, compression, or pumping facilities
connected to or part of a gathering or transmission pipeline may apply
for a pipeline facilities permit. The new section also requires an
application for a pipeline facilities permit to be submitted under the
seal of a Texas licensed professional engineer, if required by section
116.110(e), and states that the facility's owner or operator is
responsible for applying for the permit and complying with the
subchapter. The new section allows the owner or operator of more than
one grandfathered reciprocating internal combustion engine to apply for
a pipeline facilities permit for a single grandfathered engine or for a
group of grandfathered engines connected to or part of a gathering or
transmission pipeline. The commission revised section 116.775(d) to
clarify that the owner or operator may apply for a permit for a single
engine or a group of engines.
    Section 116.777 identifies the types of facilities which are
eligible for an existing facility permit in accordance with TCAA,
section 382.05183. The owner or operator of any grandfathered facility
may apply for an existing facility permit. The new section also
requires an application for an existing facility permit to be submitted
under the seal of a Texas licensed professional engineer, if required
by section 116.110(e), and states that the facility's owner or operator
is responsible for applying for the permit and complying with
Subchapter H.
    Section 116.779 specifies the application requirements and
demonstrations which must be met in order for a facility to be granted
a small business stationary source permit, pipeline facilities permit,
or existing facility permit. These requirements are consistent with the
requirements for other permits issued under Chapter 116. Section
116.779 has three subsections:
    Section 116.779(a) provides that the emissions from the facility
must comply with the rules and regulations of the commission, including
the protection of public health and physical property. The commission
may not issue a permit for a grandfathered facility if it finds that
the emissions from the grandfathered facility will not be protective of
public health and physical property. In order to be consistent with the
current review process for permits and applicable federal requirements,
the section requires the owner or operator of a grandfathered facility
applying for a small business stationary source permit, pipeline
facilities permit, existing facility flexible permit, or EGF permit to
be able to demonstrate that they meet applicable federal New Source
Performance Standards (NSPS) and National Emission Standards for
Hazardous Air Pollutants (NESHAP). Facilities must be able to meet
performance standards specified in the application and may be required
to provide information that demonstrates ongoing compliance after the
permit is issued. If applicable, facilities would be required to comply
with Prevention of Significant Deterioration (PSD) and nonattainment
review as specified in Chapter 116, Subchapter B. Since grandfathered
facilities may be required to comply with any applicable Federal
requirements (for example, NESHAP standards), EPA expects Texas to
clearly identify state and federal requirements in the permit.
    Section 116.779(b) specifies additional requirements which apply to
applicants for a pipeline facilities permit. In accordance with TCAA,
section 382.05186(e), facilities located in the East Texas region will
be required to demonstrate that each engine will achieve at least a 50%
reduction of the hourly emissions rate of NOX and may also
be required to demonstrate a 50% reduction of the hourly emissions rate
of VOC, both expressed in terms of grams per brake horsepower-hour (g/
bhp-hr). Consistent with TCAA, section 382.05186(f), the new section
also states that the commission shall require up to a 20% reduction in
the hourly emissions rate of NOX and shall require up to a
20% reduction in the hourly emissions rate of VOC, expressed in terms
of g/bhp-hr, for facilities located in the West Texas region or El Paso
County.
    Section 116.779(c) specifies additional requirements with which
applicants for an existing facility permit will have to comply. In
accordance with TCAA, section 382.05183(b), applicants for existing
facility permits will have to propose an air pollution control method
that is at least as beneficial as the BACT that the commission required
or would have required for a facility of the same class or type as a
condition of issuing a permit or permit amendment 120 months (ten-year-
old BACT) before the submittal of the existing facility permit
application, considering the age and remaining useful life of the
facility, and identify the date by which the control method will be
implemented.
    Section 116.783 specifies the commission's responsibilities for
sending notice of the final action on an application for a pipeline
facilities permit or an existing facility permit, and the information
that the commission must include in the notice. The new section will
require the commission to individually notify persons who commented
during the public comment period or at a permit hearing, of the final
action of the commission. The notice must be sent by first-class mail
to the commenters and to the applicant. The proposed rule stated that
the notice must include the response to comments, the identification of
any changes in the permit, and a statement that any person affected by
the decision of the commission may petition for rehearing and for
judicial review. Because, in section 116.790, the commission is
delegating to the executive director the authority to take any action
on a permit issued under this division, this section now requires that
the notice state that any person affected by the decision of the
executive director may file a motion to overturn rather than a petition
for rehearing.

B. September 4, 2002 Submittal

    In the September 4, 2002 submittal, Texas submitted new and amended
rules to Chapter 116, which include Subchapter A: ``Definitions,''
which adds certain definitions; Subchapter B: ``New Source Review
Permits;'' Subchapter D: ``Permit Renewals;'' Subchapter F: ``Standard
Permits;'' Subchapter G, ``Flexible Permits;'' Subchapter H: ``Permits
for Grandfathered Facilities,'' Division 2, ``Small Business Stationary
Source Permits, Pipeline Facilities Permits, and Existing Facility
Permits;'' Division 3, ``Existing Facility Flexible Permits;'' and
Subchapter I: ``Electric Generating Facility Permits.''
    The above-referenced provisions contained in Subchapter A,
Subchapter

B, Subchapter D, Subchapter F, Subchapter G, and Subchapter H: Division
3, of Chapter 116 are severable and not part of today's proposal
action. These severable provisions are being acted on in separate
rulemakings. By severable, we mean that these provisions can be
implemented independently of the remaining portions of the submittal
without affecting the stringency of the submitted rules.
    EPA is acting only on Subchapter H: ``Permits for Grandfathered
Facilities,'' Division 2; and Subchapter I: ``Electric Generating
Facility Permits,'' from the September 4, 2002 submittal.
    The submitted amendments to Subchapter H, Permits for Grandfathered
Facilities, Division 2, implements the portions of TCAA, section
382.065, which primarily requires the permitting of all air contaminant
emissions associated with dockside vessel operations. In Division 2,
new section 116.778, ``Additional Requirements for Applications for
Small Business Stationary Source Permits, Pipeline Facilities Permits,
or Existing Facility Permits'' states that in addition to complying
with all applicable requirements of Subchapter H, any application for a
small business stationary source permit, a pipeline facilities permit,
or an existing facility permit must include emissions from the facility
resulting from any associated dockside vessel operations. These
emissions must comply with all rules and regulations of the commission
and with the intent of the TCAA, including protection of the health and
property of the public and minimization of emissions to the extent
possible, consistent with good air pollution control practices.
    The submitted amendment to Subchapter I, Electric Generating
Facility Permits, implements TCAA, section 382.05185(c) and (d), which
adds additional requirements in new section 116.919. In addition to
complying with all applicable requirements of this subchapter, any
application for a new grandfathered electric generating facility permit
for auxiliary combustors and coal-fired units only must include
emissions from the facility resulting from any associated dockside
vessel operations. These emissions must comply with all rules and
regulations of the commission and with the intent of the TCAA,
including protection of the health and property of the public and
minimization of emissions to the extent possible, consistent with good
air pollution control practices.

C. March 4, 2004 Submittal

    In the March 4, 2004 submittal, Texas submitted amended rules to
Chapter 116, Subchapter H: ``Permits for Grandfathered Facilities,
Division 1, General Applicability,'' sections 116.770 and 116.772. The
submitted amendments to Subchapter H, Permits for Grandfathered
Facilities, implement portions of TCAA, section 382.05186, which
requires pipeline facilities permits. The amended sections are: Section
116.770, Requirements to Apply; and section 116.772, Notice of
Shutdown.
    The amendment to section 116.770 changes the section title from
``Requirement to Apply'' to ``Requirement to Apply or Register'' to
better specify the purpose of the section. Also, it adds new
subsections (b) and (c), which specify that certain facilities are
considered permitted and that the owners and operators of those
facilities must submit registrations. Adopted section 116 .770(b)
implements TCAA, section 382.05186(j). Specifically, section 116.770(b)
states that a reciprocating internal combustion engine required to
obtain a pipeline facility permit that is subject to a mass emissions
cap established by the commission is considered permitted if the
facility is located in an ozone nonattainment area and is in compliance
with all state and federal requirements for that area by June 20, 2003.
30 TAC section 101.351(a) currently specifies that a mass emissions cap
applies to the Houston/Galveston ozone nonattainment area. Adopted
section 116.770(b)(2) requires that the grandfathered reciprocating
internal combustion engines satisfy any currently applicable state or
federal regulations in effect as of June 20, 2003, the effective date
of House Bill 638, in order to be considered permitted. In addition,
the commission adopts new section 116.770(c), which requires owners and
operators of facilities that are considered permitted under section
116.770(b) to submit registrations on or before July 1, 2004. The
registration requirement is necessary for the executive director to
determine whether all facilities that are considered to be permitted
meet the criteria outlined in House Bill 638. The adopted subsections
require registration rather than require those facilities to obtain a
permit under Chapter 116, qualify for a permit by rule, or shut down.
Registrations must be submitted by July 1, 2004, and must include Form
PI-1 G, Grandfathered Facility Permit Application.
    The amendment to section 116.772 only adopts a change to the cross-
references in section 116.772(a) and (b) to parallel changes made in
section 116.770.

D. Analysis

    The July 31, 2002, September 4, 2002, and March 1, 2004 submittals
address the applicability and permitting requirements for grandfathered
facilities. The permits issued for these facilities are expected to
result in reduced emissions of air contaminants and improved compliance
with state and federal air pollution control requirements. Further,
these permits should achieve better protection of public health and
welfare, and improve the existing SIP. These provisions meet the
requirement in 40 CFR 51.160(a) that each plan include legally
enforceable procedures to determine whether the construction or
modification of a facility, building, structure, or installation, or
combination of these will result in (1) a violation of applicable
portions of the control strategy; or (2) interference with attainment
or maintenance of a national standard in the state in which the
proposed source (or modification) is located or in a neighboring state.
    The revision also meets 40 CFR 51.160(e) by identifying a type of
facility that will be subject to review under 40 CFR 51.160(a). In this
case, Texas specifically identified grandfathered facilities.
    The revisions to 30 Texas Administrative Code (TAC) Chapter 116,
concerning the permitting of grandfathered facilities, will achieve
Texas' emissions reductions goals. Compliance with these revisions will
cause decreased air emissions due to the shutdown of the source, or the
use of emission control methods on grandfathered sources that had
previously been exempt from having to use emission controls. Because
the revisions will cause additional emission reductions from these
sources, they will better serve to protect the public health and
welfare. The revisions will also continue to contribute to improvement
of air quality and attainment or maintenance of the federal air quality
standards. Overall, these provisions serve to improve the existing SIP.
Lastly, these provisions meet the requirement in 40 CFR 51.160(a) that
each plan include legally enforceable procedures to determine whether
the construction or modification of a facility, building, structure, or
installation, or combination of these will result in (1) a violation of
applicable portions of the control

strategy; or (2) interference with attainment or maintenance of a
national standard in the State in which the proposed source (or
modification) is located or in a neighboring State.
    Each revision to an implementation plan submitted by a State under
the Clean Air Act requires reasonable notice and public hearing prior
to adoption by the State and submission to EPA as a SIP revision. The
Administrator shall not approve a revision of a plan if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress (as defined in section 171), or any
other applicable requirement of this Act. EPA is proposing to approve
these revisions because they improve the SIP in accordance with Section
110 of the Act. The reductions achieved through the permitting of
grandfathered facilities program occur throughout the State of Texas
and include reducing precursors to ozone (NOX and VOC)
emissions. The NOX emissions reductions in certain regions
of the State were relied upon in Texas' ozone attainment demonstration
plans and will provide benefits in reducing ozone concentrations in
nonattainment areas and near nonattainment areas, as well as attainment
areas. Further, the permitting of grandfathered sources will benefit
the public due to reductions of air contaminants emitted from affected
grandfathered facilities, and present the opportunity for public
participation and comment in the permitting procedures for formerly
grandfathered facilities. The program establishes requirements,
procedures, deadlines and responsibilities for permit applications for
facilities formerly exempt from permit requirements.

III. Proposed Action

    EPA is proposing to approve revisions to the Texas SIP that
includes 30 TAC Chapter 116, subchapter H: ``Permits for Grandfathered
Facilities,'' sections 116.770-772, 116.774-777, 116.779-781, 116.783,
116.785-788, 116.790, 116.793-802, and 116.804-807, which Texas
submitted on July 31, 2002. EPA is proposing to approve all of the July
31, 2002, SIP revision submittal as part of the Texas NSR SIP except
sections 116.793-802 and 116.804-807, as discussed above.
    EPA is proposing to approve revisions to the Texas SIP that
includes 30 TAC Chapter 116, Subchapter H: ``Permits for Grandfathered
Facilities,'' sections 116.778 and 116.803; and Subchapter I:
``Electric Generating Facility Permits,'' section 116.919, which Texas
submitted on September 4, 2002. EPA is proposing to approve all of the
September 4, 2002, SIP revision submittal as part of the Texas NSR SIP
except section 116.803 as discussed above.
    EPA is proposing to approve revisions to the Texas SIP that include
30 TAC Chapter 116, Subchapter H: ``Permits for Grandfathered
Facilities'' sections 116.770 and 116.772, which Texas submitted on
March 1, 2004. EPA is proposing to approve all of the March 1, 2004,
SIP revision submittal as part of the Texas NSR SIP
    The July 31, 2002, September 4, 2002, and March 1, 2004 submittals
address the applicability and permitting requirements for grandfathered
facilities. The revisions will contribute to improvement in overall air
quality in Texas. We have evaluated the State's submittal, determined
that it meets the applicable requirements of the CAA and EPA air
quality regulations, and is consistent with EPA policy.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely proposes to approve state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

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

List of Subjects in 40 CFR Part 52

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

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

    Dated: September 27, 2013.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2013-25262 Filed 10-24-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Notices]
[Pages 9755-9756]
[FR Doc No: 2020-03383]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-2765-005.
    Applicants: Elk Wind Energy LLC.
    Description: Compliance filing: Elk Wind Energy MBR Tariff Update
to be effective 2/12/2020.
    Filed Date: 2/12/20.
    Accession Number: 20200212-5059.
    Comments Due: 5 p.m. ET 3/4/20.

    Docket Numbers: ER11-2765-006; ER12-1739-006.
    Applicants: Elk Wind Energy LLC, Bethel Wind Energy LLC.
    Description: Notice of Non-Material Change in Status of Elk Wind
Energy LLC, et al.
    Filed Date: 2/12/20.
    Accession Number: 20200212-5094.
    Comments Due: 5 p.m. ET 3/4/20.

    Docket Numbers: ER12-1739-005.
    Applicants: Bethel Wind Energy LLC.
    Description: Compliance filing: Bethel Wind Energy Market-Based
Rate Tariff Update to be effective 2/12/2020.
    Filed Date: 2/12/20.
    Accession Number: 20200212-5056.
    Comments Due: 5 p.m. ET 3/4/20.

    Docket Numbers: ER20-680-001.
    Applicants: AEP Texas Inc.
    Description: Tariff Amendment: SA682 AEPTX-Taylor EC-Golden Spread
EC Interconnection Agr 4th A&R-Amend Pending to be effective 12/4/2019.
    Filed Date: 2/11/20.
    Accession Number: 20200211-5159.
    Comments Due: 5 p.m. ET 3/3/20.

    Docket Numbers: ER20-975-000.
    Applicants: Crowned Ridge Wind II, LLC.
    Description: Baseline eTariff Filing: Crowned Ridge Wind II, LLC
Application for MBR Authority to be effective 4/12/2020.
    Filed Date: 2/11/20.
    Accession Number: 20200211-5153.
    Comments Due: 5 p.m. ET 3/3/20.

    Docket Numbers: ER20-976-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of ISA,
Service Agreement No. 4280, Non-Queue #NQ133 to be effective 4/22/2020.
    Filed Date: 2/12/20.
    Accession Number: 20200212-5010.
    Comments Due: 5 p.m. ET 3/4/20.

    Docket Numbers: ER20-977-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA SA No. 5586;
Queue No. AE1-175 to be effective 1/15/2020.
    Filed Date: 2/12/20.
    Accession Number: 20200212-5026.
    Comments Due: 5 p.m. ET 3/4/20.

    Docket Numbers: ER20-978-000.
    Applicants: Arizona Public Service Company.
    Description: Tariff Cancellation: Cancellation of Service Agreement
No. 370 to be effective 4/13/2020.
    Filed Date: 2/12/20.
    Accession Number: 20200212-5030.
    Comments Due: 5 p.m. ET 3/4/20.

    Docket Numbers: ER20-979-000.
    Applicants: Arizona Public Service Company.
    Description: Tariff Cancellation: Cancellation of Rate Schedule
Nos. 281 and 263 to be effective 4/13/2020.
    Filed Date: 2/12/20.
    Accession Number: 20200212-5033.
    Comments Due: 5 p.m. ET 3/4/20.

    Docket Numbers: ER20-980-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Blackwater Solar LGIA Filing
to be effective 1/30/2020.
    Filed Date: 2/12/20.
    Accession Number: 20200212-5081.
    Comments Due: 5 p.m. ET 3/4/20.

    Docket Numbers: ER20-981-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Sonny Solar LGIA Filing to
be effective 1/30/2020.
    Filed Date: 2/12/20.
    Accession Number: 20200212-5082.
    Comments Due: 5 p.m. ET 3/4/20.

    Docket Numbers: ER20-982-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Bird Dog Solar LGIA Filing
to be effective 1/30/2020.
    Filed Date: 2/12/20.
    Accession Number: 20200212-5083.
    Comments Due: 5 p.m. ET 3/4/20.

    Docket Numbers: ER20-983-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Wolfskin Solar LGIA Filing
to be effective 1/30/2020.
    Filed Date: 2/12/20.
    Accession Number: 20200212-5085.
    Comments Due: 5 p.m. ET 3/4/20.

    Docket Numbers: ER20-984-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Cancel WMPAs SA#5128, 5260, 5374,
5375; Queue#AD1-156, AD1-160, AE1-027, AE1-028 to be effective 3/15/
2020.
    Filed Date: 2/12/20.
    Accession Number: 20200212-5086.
    Comments Due: 5 p.m. ET 3/4/20.

    Docket Numbers: ER20-985-000.
    Applicants: Arizona Public Service Company.
    Description: Notice of Cancellation of Rate Schedule Nos. 200 and
216 of Arizona Public Service Company.
    Filed Date: 2/12/20.
    Accession Number: 20200212-5097.
    Comments Due: 5 p.m. ET 3/4/20.

    Docket Numbers: ER20-986-000.
    Applicants: El Paso Electric Company.
    Description: Sec.  205(d) Rate Filing: Service Agreement No. 328,
Assignment of LGIA from EDF to TEP to be effective 1/9/2020.
    Filed Date: 2/12/20.
    Accession Number: 20200212-5126.
    Comments Due: 5 p.m. ET 3/4/20.

    Docket Numbers: ER20-987-000.
    Applicants: El Paso Electric Company.
    Description: Sec.  205(d) Rate Filing: Service Agreement No. 329,
Assignment of LT Firm PTP TSA from EDF to TEP to be effective 1/9/2020.
    Filed Date: 2/12/20.
    Accession Number: 20200212-5130.
    Comments Due: 5 p.m. ET 3/4/20.

    Docket Numbers: ER20-988-000.
    Applicants: El Paso Electric Company.
    Description: Sec.  205(d) Rate Filing: Service Agreement No. 330,
Assignment of ST Firm PTP TSA from EDF to TEP to be effective 1/9/2020.
    Filed Date: 2/12/20.
    Accession Number: 20200212-5132.
    Comments Due: 5 p.m. ET 3/4/20.

    Docket Numbers: ER20-989-000.
    Applicants: El Paso Electric Company.
    Description: Sec.  205(d) Rate Filing: Service Agreement No. 331,
Assignment of LT Conditional Firm PTP TSA EDF to TEP to be effective 1/
9/2020.
    Filed Date: 2/12/20.
    Accession Number: 20200212-5133.
    Comments Due: 5 p.m. ET 3/4/20.

    Docket Numbers: ER20-990-000.
    Applicants: El Paso Electric Company.
    Description: Sec.  205(d) Rate Filing: Service Agreement No. 332,
Assignment of ST Conditional Firm PTP TSA EDF to TEP to be effective 1/
9/2020.
    Filed Date: 2/12/20.
    Accession Number: 20200212-5137.
    Comments Due: 5 p.m. ET 3/4/20.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES20-15-000.
    Applicants: Cross-Sound Cable Company, LLC.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Incur Obligations and Liabilities, et al. of
Cross-Sound Cable Company, LLC.

    Filed Date: 2/12/20.
    Accession Number: 20200212-5088.
    Comments Due: 5 p.m. ET 3/4/20.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 12, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-03383 Filed 2-19-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Pages 73088-73089]
[FR Doc No: 2021-27769]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent of Waiver With Respect to Land; Gerald R. Ford
International Airport, Grand Rapids, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: The FAA is considering a proposal to change approximately 16
acres of airport land from aeronautical use to non-aeronautical use and
to authorize the lease of airport property located at Gerald R. Ford
International Airport, Grand Rapids, Michigan. The aforementioned land
is not needed for aeronautical use. The property is located to the
northeast of the Patterson Avenue and Oostema Boulevard intersection.
This intersection is the primary access to the airport. The property is
currently vacant and not used for aeronautical purposes. The airport is
proposing to lease this land for non-aeronautical development. Proposed
uses include, restaurant, hotel, car wash, retail, and/or gas station.

DATES: Comments must be received on or before January 24, 2022.

ADDRESSES: Documents are available for review by appointment at the FAA
Detroit Airports District Office, Robert Tykoski, Community Planner,
11677 S Wayne Road, Ste. 107, Romulus, MI Telephone:<PHONE_NUMBER>/
Fax:<PHONE_NUMBER> and Casey Ries, Engineering and Planning Director,
Gerald R. Ford International Airport Authority, 5500 44th Street SE,
Grand Rapids, MI Telephone:<PHONE_NUMBER>/Fax<PHONE_NUMBER>).
    Written comments on the Sponsor's request must be delivered or
mailed to: Robert Tykoski, Community Planner, Federal Aviation
Administration, Detroit Airports District Office, 11677 S Wayne Road,
Ste. 107, Romulus, MI 48187, Telephone Number:<PHONE_NUMBER>/FAX
Number:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Robert Tykoski, Community Planner,
Federal Aviation Administration, Detroit Airports District Office,
11677 S Wayne Road, Ste. 107, Romulus, MI 48187. Telephone Number:
(734) 229-2900/FAX Number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with section 47107(h) of Title
49, United States Code, this notice is required to be published in the
Federal Register 30 days before modifying the land-use assurance that
requires the property to be used for an aeronautical purpose.
    The property is vacant and designated on the ALP as future non-
aeronautical development. There are three parcels identified for this
non-aeronautical use. They received Federal reimbursement through AIP
grant #3-26-0039-2010. The sponsor proposes to allow non-aeronautical
development, such as a hotel, gas station, retail, restaurant, and/or a
car wash. The sponsor will receive fair market value for the lease of
this property.
    The disposition of proceeds from the lease of the airport property
will be in accordance with FAA's Policy and Procedures Concerning the
Use of Airport Revenue, published in the Federal Register on February
16, 1999 (64 FR 7696).
    This notice announces that the FAA is considering the release of
the subject airport property at the Gerald R. Ford International
Airport, Grand Rapids, MI from its obligations to be maintained for
aeronautical purposes. Approval does not constitute a commitment by the
FAA to financially assist in the change in use of the subject airport
property nor a determination of eligibility for grant-in-aid funding
from the FAA.

Legal Description

    PART OF THE SOUTH \1/2\ OF THE SOUTHWEST \1/4\ OF SECTION 19,

TOWN 6 NORTH, RANGE, 10 WEST, CASCADE TOWNSHIP, KENT COUNTY, MICHIGAN,
DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 19,
THEN N01[deg]34'46'' W 108.94 FEET ALONG THE WEST SECTION LINE, THENCE
N88[deg]41'18'' E 75.00 FEET TO THE POINT OF BEGINNING; THENCE
N01[deg]34'46'' W 594.58 FEET PARALLEL TO THE WEST SECTION LINE, THENCE
N89[deg]30'25'' E 61.25 FEET; THENCE 166.27 FEET ALONG A 308 FOOT
RADIUS CURVE TO THE RIGHT WHOSE LONG CHORD BEARS S75[deg]01'40'' E
164.26 FEET; THENCE N89[deg]30'25'' E 985.74 FEET; THENCE
S01[deg]18'46'' E 585.73 FEET TO THE NORTH RIGHT-OF-WAY FOR JOHN J.
OOSTEMA BOULEVARD (44TH STREET); THENCE S89[deg]30'25'' W 1164.93 FEET
ALONG SAID NORTH RIGHT-OF-WAY LINE; THENCE N00[deg]29'35'' W 35.53
FEET; THENCE S88[deg]41'18'' W 37.49 FEET TO THE POINT OF BEGINNING.
    THE DESCRIPTION ABOVE ENCOMPASSES 16.3 ACRES MORE OR LESS.

    Issued in Romulus, Michigan, on December 17, 2021.
Stephanie Swann,
Acting Manager, Detroit Airports District Office, FAA, Great Lakes
Region.
[FR Doc. 2021-27769 Filed 12-22-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Rules and Regulations]
[Pages 24673-24676]
[FR Doc No: 2013-09990]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0333; Directorate Identifier 2013-NM-080-AD;
Amendment 39-17436; AD 2013-08-12]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are superseding an existing airworthiness directive (AD)
for The Boeing Company Model 787-8 airplanes. That AD currently
requires modification of the battery system, or other actions. This AD
requires installing main and auxiliary power unit (APU) battery
enclosures and environmental control system (ECS) ducts; and replacing
the main battery, APU battery, and their respective battery chargers.
This AD also requires revising the maintenance program to include an
airworthiness limitation. This AD also revises the applicability by
removing airplanes on which these changes have been incorporated in
production prior to delivery. This AD was prompted by recent incidents
involving lithium ion battery failures that resulted in release of
flammable electrolytes, heat damage, and smoke on two Model 787-8
airplanes. We are issuing this AD to minimize the occurrence of battery
cell failures and propagation of such failures to other cells and to
contain any flammable electrolytes, heat, and smoke released

during a battery thermal event in order to prevent damage to critical
systems and structures and the potential for fire in the electronics
equipment bays.

DATES: This AD is effective April 26, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of April 26,
2013.
    We must receive any comments on this AD by June 10, 2013.

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

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Robert Duffer, Manager, Systems and
Equipment Branch, FAA, ANM-130S, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: (425) 917-
6493; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On February 1, 2013, we issued AD 2013-02-51, Amendment 39-17366
(78 FR 12231, February 22, 2013), for all The Boeing Company Model 787-
8 airplanes. That AD requires modification of the battery system, or
other actions. That AD resulted from recent incidents involving lithium
ion battery failures that resulted in release of flammable
electrolytes, heat damage, and smoke on two Model 787-8 airplanes. We
issued that AD to prevent damage to critical systems and structures and
the potential for fire in the electrical compartment.

Actions Since AD 2013-02-51, Amendment 39-17366 (78 FR 12231, February
22, 2013), Was Issued

    Since we issued AD 2013-02-51, Amendment 39-17366 (78 FR 12231,
February 22, 2013), the National Transportation Safety Board (NTSB)
released an Interim Factual Report, NTSB Case Number DCA13IA037, on
March 7, 2013, presenting its initial findings concerning a battery
failure on a Model 787-8 airplane operated by Japan Airlines. That
report can be found at: http://www.ntsb.gov/investigations/2013/boeing_787/interim_report_B787_3-7-13.pdf.
    That report documents thermal and mechanical damage to the battery
and the battery control units, and a lack of containment of the battery
electrolytes, heat, and smoke from the battery case. The cause(s) of
this battery failure incident has not yet been determined by the NTSB.
Likewise, the cause(s) of the battery failure incident on a Model 787-8
airplane operated by All Nippon Airways has not yet been determined by
the Japan Transport Safety Board (JTSB), which is the accident
investigative authority for Japan.
    The FAA has reviewed the NTSB's interim factual report, as well as
information provided by the JTSB, Boeing, All Nippon Airways, and Japan
Airlines. The main and APU batteries are identical, but perform
different functions on the airplane. The main battery installed on
Model 787-8 airplanes is used to provide power while the engines are
off during ground maintenance operations (e.g., power-up, refueling,
braking, and navigation lights during towing) and backup electrical
power while airborne. The APU battery is required to start and operate
the APU. The APU may be used on the ground, or in flight to generate
backup electrical power. Each of the two engines drives two variable
frequency starter generators (VFSGs) for a total of four VFSGs
providing power to the airplane. Therefore, while in flight, the two
generators driven by the APU provide the 5th and 6th layer of power
generation for the airplane.
    On March 12, 2013, the FAA approved a Boeing plan to mitigate the
unsafe condition identified by AD 2013-02-51, Amendment 39-17366 (78 FR
12231, February 22, 2013). The plan resulted from a detailed review by
Boeing and the FAA that considered all potential causal factors of the
two recent battery incidents. The plan provides three layers of
protection to improve the reliability of the battery and to prevent any
hazardous effects on the airplane from a battery failure. Those layers
are (1) measures to minimize the probability of a single battery cell
failure, (2) measures to minimize the probability of any single battery
cell failure from propagating to other cells in the battery, and (3)
measures to preclude hazardous airplane-level safety effects of any
battery failure that might occur. Details of these measures, which are
mandated by this AD, are as follows:
     Minimize the Probability of a Single Battery Cell
Failure--Each main and APU battery consists of a set of individual
cells within a battery case. Each battery cell will be encapsulated to
isolate the cell electrically. Locking nuts with specific torque values
will be used on every cell terminal to prevent overheating of the
terminal due to a loose electrical connection. Drainage within the
battery case will be improved to remove any condensation within the
battery. The battery monitoring and charging unit will be changed to
reduce the operational voltage range to lessen electrical stress on the
battery cell, and to enhance over-discharge protection. Boeing has also
made mandatory changes to the battery manufacturing and acceptance
testing processes to improve the overall quality of the battery.
     Minimize the Probability of Multiple Cell Failure
Propagation--Additional insulation will be provided between each
battery cell and between each cell and the battery case to thermally
and electrically isolate the individual battery cells. High temperature
sleeving will also be added to the battery internal wiring harness to
protect against short circuits. In addition, cell venting will be added
to the battery case to allow any cell gasses, including electrolytes,
to escape into the battery enclosure to minimize heat build-up within
the battery case.
     Preclude Hazardous Airplane-Level Safety Effects of a
Battery Failure That Might Occur--As stated previously, each main and
APU battery consists of a set of individual cells within a battery

case. The case containing the cells will be secured within a stainless
steel, sealed enclosure. This enclosure will be connected to a titanium
ECS duct that vents to the outside of the airplane. Should a battery
failure occur, and generate significant heat, pressure, and gasses, a
metallic frangible disc (also referred to as a vent burst disc) at the
interface of the enclosure and vent duct will open and allow the heat,
pressure, and gasses to safely vent overboard through the ECS duct.
This will prevent the introduction of any heat, pressure, or gasses in
the electronics equipment bays or any occupied area of the airplane.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin B787-81205-SB500003-00,
Issue 001, dated April 19, 2013; and Section D, ``Airworthiness
Limitations--Life Limits,'' of the Boeing 787 Airworthiness Limitations
(AWLs) Document D011Z009-03-01, dated April 2013. For information on
the procedures and compliance times, see this service information at
http://www.regulations.gov by searching for Docket No. FAA-2013-0333.

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 accomplishing the actions specified in the service
information identified previously.

Change to Applicability of AD 2013-02-51, Amendment 39-17366 (78 FR
12231, February 22, 2013)

    This AD applies to The Boeing Company Model 787-8 airplanes, as
identified in Boeing Alert Service Bulletin B787-81205-SB500003-00,
Issue 001, dated April 19, 2013, instead of ``all'' airplanes, as
specified in AD 2013-02-51, Amendment 39-17366 (78 FR 12231, February
22, 2013). The actions required by this AD address the identified
unsafe condition for in-service airplanes. For all future delivered
airplanes, the replacement batteries, their respective chargers, and
enclosure and duct installations will be incorporated at the factory
prior to delivery.

FAA's Justification and Determination of the Effective Date

    AD 2013-02-51, Amendment 39-17366 (78 FR 12231, February 22, 2013),
effectively grounded the Model 787-8 fleet and prevented delivery of
new Model 787-8 airplanes because there was no design solution
available. While necessary in the short term to address the unsafe
condition, this caused a significant economic burden on domestic and
international operators of Boeing Model 787-8 airplanes. The purpose of
this AD is to allow the aircraft to return to service as soon as
possible by mandating a modification that will address the unsafe
condition. Therefore, we find that notice and opportunity for prior
public comment are impracticable and would defeat the Agency's
regulatory objective, and 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 we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
the docket number FAA-2013-0333 and Directorate Identifier 2013-NM-080-
AD at the beginning of your comments. We specifically invite comments
on the overall regulatory, economic, environmental, and energy aspects
of this AD. We will consider all comments received by the closing date
and may amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 6 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
----------------------------------------------------------------------------------------------------------------
Installation and replacement..........  112 work-hours x $85 per        $455,158        $464,678      $2,788,068
                                         hour = $9,520.
Revise maintenance program............  1 work-hour x $85 per               None              85             510
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

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

Regulatory Findings

    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 part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2013-02-51, Amendment 39-17366 (78 FR 12231, February 22, 2013), and
adding the following new AD:

2013-08-12 The Boeing Company: Amendment 39-17436; Docket No. FAA-
2013-0333; Directorate Identifier 2013-NM-080-AD.

(a) Effective Date

    This AD is effective April 26, 2013.

(b) Affected ADs

    This AD supersedes AD 2013-02-51, Amendment 39-17366 (78 FR
12231, February 22, 2013).

(c) Applicability

    This AD applies to The Boeing Company Model 787-8 airplanes,
certificated in any category; as identified in Boeing Alert Service
Bulletin B787-81205-SB500003-00, Issue 001, dated April 19, 2013.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 24, Electrical Power.

(e) Unsafe Condition

    This AD was prompted by recent incidents involving lithium ion
battery failures that resulted in release of flammable electrolytes,
heat damage, and smoke on two Model 787-8 airplanes. We are issuing
this AD to minimize the occurrence of battery cell failures and
propagation of such failures to other cells and to contain any
flammable electrolytes, heat, and smoke released during a battery
thermal event in order to prevent damage to critical systems and
structures and the potential for fire in the electronics equipment
bays.

(f) Compliance

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

(g) Installation/Replacement

    Before further flight: Install main battery and auxiliary power
unit (APU) battery enclosures and environmental control system (ECS)
ducts; and replace the main battery, APU battery, and their
respective battery chargers; in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin B787-81205-SB500003-
00, Issue 001, dated April 19, 2013.

(h) Maintenance Program Revision

    Before further flight: Revise the maintenance program to
incorporate Item No. 1b. in Section D, ``Airworthiness Limitations--
Life Limits,'' of the Boeing 787 Airworthiness Limitations (AWLs)
Document D011Z009-03-01, dated April 2013. This new item is the
Systems Life-Limited Parts requirement for replacement of the main
and APU battery enclosure vent burst discs.

(i) No Alternative Actions and Intervals

    After accomplishing the revision required by paragraph (h) of
this AD, no changes may be made to Item No. 1b. in Section D,
``Airworthiness Limitations--Life Limits,'' of the Boeing Model 787
Airworthiness Limitations (AWLs) Document D011Z009-03-01, dated
April 2013, unless approved as an alternative method of compliance
(AMOC) in accordance with the procedures specified in paragraph (j)
of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(k) Related Information

    For more information about this AD, contact Robert Duffer,
Manager, Systems and Equipment Branch, ANM-130S, Seattle Aircraft
Certification Office, FAA, 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin B787-81205-SB500003-00, Issue
001, dated April 19, 2013.
    (ii) Boeing 787 Airworthiness Limitations (AWLs) Document
D011Z009-03-01, dated April 2013.
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; phone:
206-544-5000, extension 1; fax:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com.
    (4) You may review copies of the referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on April 22, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-09990 Filed 4-25-13; 8:45 am]
BILLING CODE 4910-13-P