[Federal Register Volume 86, Number 172 (Thursday, September 9, 2021)]
[Rules and Regulations]
[Pages 50449-50451]
[FR Doc No: 2021-19302]

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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. 86, No. 172 / Thursday, September 9, 2021 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0502; Project Identifier 2018-CE-043-AD; Amendment
39-21702; AD 2021-18-01]
RIN 2120-AA64

Airworthiness Directives; B-N Group Ltd. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for B-N
Group Ltd. Models BN-2, BN-2A, BN-2A-2, BN-2A-3, BN-2A-6, BN-2A-8, BN-
2A-9, BN-2A-20, BN-2A-21, BN-2A-26, BN-2A-27, BN-2B-20, BN-2B-21, BN-
2B-26, BN-2B-27, BN-2T, and BN-2T-4R airplanes. This AD was prompted by
mandatory continuing airworthiness information (MCAI) originated by an
aviation authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI identifies the unsafe
condition as failure of the rudder final drive rod because of cracks in
the region of the taper pins. This AD requires repetitively inspecting
the rudder final drive rod assembly and replacing the rudder final
drive assembly, if necessary. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective October 14, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 14,
2021.

ADDRESSES: For service information identified in this final rule,
contact Britten-Norman Aircraft Limited, Commodore House, Mountbatten
Business Centre, Millbrook Road East, Southampton SO15 1HY, United
Kingdom; phone: + 44 20 3371 4000; fax: + 44 20 3371 4001; email:
<EMAIL_ADDRESS>website: https://britten-norman.com/approvals-technical-publications/. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0502.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0502; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
MCAI, any comments received, and other information. The address for
Docket Operations is U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Penelope Trease, Aviation Safety
Engineer, General Aviation & Rotorcraft Section, International
Validation Branch, FAA, 26805 E 68th Avenue, Denver, CO 80249; phone:
(303) 342-1094; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to B-N Group Ltd. Models
BN-2, BN-2A, BN-2A-2, BN-2A-3, BN-2A-6, BN-2A-8, BN-2A-9, BN-2A-20, BN-
2A-21, BN-2A-26, BN-2A-27, BN-2B-20, BN-2B-21, BN-2B-26, BN-2B-27, BN-
2T, and BN-2T-4R airplanes. The NPRM published in the Federal Register
on June 25, 2021 (86 FR 33576). The NPRM was prompted by MCAI
originated by the European Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union. EASA has
issued EASA AD 2018-0153, dated July 19, 2018 (referred to after this
as ``the MCAI''), to address an unsafe condition on certain B-N Group
Ltd. (Britten-Norman Aircraft Ltd., or ``BNA'') Models BN-2, BN-2A, BN-
2B, BN-2T, BN-2T-2, BN-2T-2R, and BN-2T-4R airplanes. The MCAI states:

    Occurrences have been reported of failures of the rudder final
drive rod, [part number] P/N NB-45-0991. Cracks were found in the
region of the taper pins. There is evidence that replacing the taper
pins could be a significant factor contributing to the failure of
this rod.
    This condition, if not detected and corrected, could lead to
failure of the affected part, possibly resulting in reduced control
of the aeroplane.
    To address this potential unsafe condition, BNA issued the
applicable SB [service bulletin], providing inspection instructions.
Prompted by operator comments, BNA revised the applicable SB (issue
3) to introduce repetitive inspections.
    For the reason described above, this [EASA] AD requires
repetitive inspections of the affected part and, depending on
findings, replacement. This AD also prohibits replacement of taper
pins on an affected part. BNA will amend the applicable Maintenance
Manuals accordingly.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0502.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs. Paragraphs (g)(3) and (4) of the NPRM have been combined
into one paragraph, (g)(3) of the final rule, to make it clear that the
action of paragraph (g)(4) of the NPRM is a follow-on action of
paragraph (g)(3).

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's 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 reviewed the relevant
data and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. This AD is adopted as proposed in the
NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Britten-Norman Aircraft Limited Service Bulletin
Number SB 363, Issue 3, dated May 23, 2018, and Service Bulletin Number
SB 364, Issue 3, dated May 23, 2018. For the applicable airplane models
identified on each document, this service information contains
procedures for repetitively inspecting the rudder final drive rod
assembly and replacing the rudder final drive assembly, if necessary.
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 ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 76 airplanes of U.S.
registry. The FAA also estimates that inspecting the rudder final drive
assembly will take about 1 work-hour. The average labor rate is $85 per
work-hour.
    Based on these figures, the FAA estimates the cost of this AD on
U.S. operators to be $6,460, or $85 per airplane, each inspection
cycle.
    In addition, the FAA estimates that any necessary follow-on actions
to replace the rudder final drive assembly will take about 5 work-hours
and require parts costing $1,200, for a cost of $1,625 per airplane.
The FAA has no way of determining the number of airplanes that may need
these actions.

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 Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2021-18-01 B-N Group Ltd.: Amendment 39-21702; Docket No. FAA-2021-
0502; Project Identifier 2018-CE-043-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective October 14, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to B-N Group Ltd. Models BN-2, BN-2A, BN-2A-2,
BN-2A-3, BN-2A-6, BN-2A-8, BN-2A-9, BN-2A-20, BN-2A-21, BN-2A-26,
BN-2A-27, BN-2B-20, BN-2B-21, BN-2B-26, BN-2B-27, BN-2T, and BN-2T-
4R airplanes, all serial numbers, certificated in any category, with
a rudder final drive rod part number (P/N) NB-45-0991 installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2720, Rudder Control
System.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as failure of the
rudder final drive rod because of cracks in the region of the taper
pins. The FAA is issuing this AD to detect and correct defects on
the rudder final drive rod assembly to prevent failure of the
assembly. The unsafe condition, if not addressed, could result in
loss of rudder control and reduced airplane control.

(f) Compliance

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

(g) Inspection and Corrective Action

    (1) Inspect the rudder final drive rod assembly for loose taper
pins, loose end connections, bending, and cracks within the
applicable compliance times for your airplane specified in paragraph
(g)(1)(i) or (ii) of this AD.
    (i) For Models BN-2, BN-2A, BN-2A-2, BN-2A-3, BN-2A-6, BN-2A-8,
BN-2A-9, BN-2A-20, BN-2A-21, BN-2A-26, BN-2A-27, BN-2B-20, BN-2B-21,
BN-2B-26, and BN-2B-27 airplanes, within 100 hours time-in-service
(TIS) after the effective date of this AD and thereafter at
intervals not to exceed 1,000 hours TIS.
    (ii) For Models BN-2T and BN-2T-4R airplanes, within 200 hours
TIS after the effective date of this AD and thereafter at intervals
not to exceed 1,000 hours TIS.
    (2) If a loose taper pin, a loose end connection, any bending,
or a crack is found during any inspection required by paragraph
(g)(1) of this AD, before further flight, replace the rudder final
drive rod assembly by following section 7, Removal and Installation
Instructions for Unserviceable Units, of Britten-Norman Service
Bulletin Number SB 363, Issue 3, dated May 23, 2018 (SB 363, Issue
3) or Britten-Norman Service Bulletin Number SB 364, Issue 3, dated
May 23, 2018 (SB 364, Issue 3), as applicable to your model
airplane.
    (3) If no loose taper pins, no loose end connections, no
bending, and no cracks are found during the initial inspection
required by paragraph (g)(1) of this AD, review the airplane
maintenance records to determine whether any taper pins have been
replaced or reworked on the rudder final drive rod assembly. If a
taper pin has ever been replaced or reworked, without exceeding the
initial compliance time in paragraph (g)(1)(i) or (ii) of this AD,
replace the rudder final drive rod assembly by following section 7,
Removal and Installation Instructions for Unserviceable Units, of SB
363, Issue 3 or SB 364, Issue 3, as applicable to your model
airplane.
    (4) As of the effective date of this AD, do not install a rudder
final drive rod assembly P/N NB-45-0991 on any airplane unless:
    (i) The rudder final drive rod assembly is unused (zero hours
TIS); or
    (ii) The taper pins in the rudder final drive rod assembly have
never been replaced.
    (5) As of the effective date of this AD, do not replace any
taper pin on a rudder final drive rod assembly P/N NB-45-0991
installed on any airplane.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the certification office, send it to the
attention of the person identified in Related Information or email:
<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.

(i) Related Information

    (1) For more information about this AD, contact Penelope Trease,
Aviation Safety Engineer, General Aviation & Rotorcraft Section,
International Validation Branch, FAA, 26805 E 68th Avenue, Denver,
CO 80249; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) Refer to European Aviation Safety Agency (EASA) AD 2018-
0153, dated July 19, 2018, for more information. You may examine the
EASA AD in the AD docket at https://www.regulations.gov by searching
for and locating it in Docket No. FAA-2021-0502.

 (j) 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) Britten-Norman Service Bulletin Number SB 363, Issue 3,
dated May 23, 2018.
    (ii) Britten-Norman Service Bulletin Number SB 364, Issue 3,
dated May 23, 2018.
    (3) For service information identified in this AD, contact
Britten-Norman Aircraft Limited, Commodore House, Mountbatten
Business Centre, Millbrook Road East, Southampton SO15 1HY, United
Kingdom; phone: + 44 20 3371 4000; fax: + 44 20 3371 4001; email:
<EMAIL_ADDRESS>website: https://britten-norman.com/approvals-technical-publications/.
    (4) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust, Kansas
City, MO 64106. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 17, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-19302 Filed 9-8-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Notices]
[Page 17485]
[FR Doc No: 2011-7305]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[NHTSA Docket No. NHTSA-2011-0037]

Meeting Notice Correction--Federal Interagency Committee on
Emergency Medical Services; Correction to Meeting Notice To Clarify
Time Zone

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
    Title: Federal Interagency Committee on Emergency Medical Service
(FICEMS) Teleconference Meeting.

ACTION: Meeting Notice Correction--Federal Interagency Committee on
Emergency Medical Services; Correction to Meeting Notice to clarify
time zone.

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SUMMARY: NHTSA is issuing a correction to its announcement of a
teleconference meeting of the Federal Interagency Committee on
Emergency Medical Services (FICEMS) to be held as a stakeholder input
call-in session to receive input regarding the current and future role
of the Federal Government in EMS and options for establishing or
designating a Federal lead office for EMS. This notice announces the
date and time of the meeting and clarifies the time zone, which will be
open to the public, as well as call-in information.

DATES: The meeting will be held on Monday, April 11, 2011, from 1:30
p.m. to 3 p.m., EDT.

FOR FURTHER INFORMATION CONTACT: Drew Dawson, Director, Office of
Emergency Medical Services, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE., NTI-140, Washington, DC
20590, Telephone number<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Interagency Committee on
Emergency Medical Services (FICEMS) was created by law to help ensure
coordination among Federal agencies involved with State, local, tribal,
or regional emergency medical services and 9-1-1 systems. As discussed
at their December 16, 2010 meeting, FICEMS is assessing the current and
future role of the Federal Government in EMS and evaluating the options
for establishing or designating a Federal lead office or agency for
EMS. The National Security Staff Resilience Directorate has requested
that FICEMS engage with stakeholders and develop an options paper by
May 15, 2011.
    FICEMS is interested in any stakeholder input about the role of the
Federal Government in the full continuum of emergency medical services
and emergency and trauma care for adults and children--including
medical 9-1-1 and emergency medical dispatch, prehospital emergency
medical services (both ground and air), hospital-based emergency care
and trauma care, and medical-related disaster preparedness.
    With respect to this full continuum of emergency medical services
and emergency and trauma care for adults and children any stakeholder
input would be appreciated regarding topics such as:
    [cir] The role of the Federal Government.
    [cir] Activities or functions that should NOT be the role of
Federal Government.
    [cir] The role of a Federal lead office for EMS if it were
established including the functions/issues it should perform and
address.
    [cir] Other comments or suggestions.
    This meeting of the FICEMS will focus specifically on receiving
input from Stakeholders on the above issues. The meeting will be open
to the public via telephone.
    Call-In Information: Members of the public wishing to attend the
meeting or provide input to FICEMS should call 1-877-804-0827 using the
meeting ID number 51813069, on Monday, April 11, 2011, from 1:30 p.m.
to 3 p.m., EDT.
    Minutes of the FICEMS meeting will be available to the public
online at http://www.ems.gov.

    Issued on: March 24, 2011.
Drew E. Dawson,
Director, Office of Emergency Medical Services.
[FR Doc. 2011-7305 Filed 3-28-11; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Notices]
[Pages 50418-50420]
[FR Doc No: 2017-23686]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2017-0600; FRL-9968-25-OA]

Fast-41 Best Practices: Delegated State Permitting Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: On January 18, 2017, the Federal Permitting Improvement
Steering Council, published Recommended Best Practices for
Environmental Reviews and Authorizations for Infrastructure Projects,
available at https://www.permits.performance.gov. In accordance with
Section 41006 of the Fixing America's Surface Transportation Act (FAST-
41), the Environmental Protection Agency (EPA) is seeking public
comment. Specifically, EPA is seeking feedback on whether any of the
best practices are generally applicable on a delegation or
authorization-wide basis to permitting under FAST-41.

DATES: Comments must be received on or before November 20, 2017.

ADDRESSES: Submit comments and additional materials, identified by
docket EPA-HQ-OA-2017-0600 to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Laura Gentile, Office of Policy, Mail
Code 1104-A, U.S. Environmental Protection Agency, 1200 Pennsylvania
Avenue NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION: FAST-41 seeks to enhance coordination and
transparency of Federal environmental reviews and authorizations
required prior to construction of covered infrastructure projects. This
statute applies specifically to authorizations and environmental
reviews which are led by and/or issued by a Federal agency. However,
states may choose to participate in the environmental review and
authorization process under FAST-41. This statute only applies to
``covered projects'' which 42 U.S.C. 4370m(6)(A) defines as:

    The term ``covered project'' means any activity in the United
States that requires authorization or environmental review by a
Federal agency involving construction of infrastructure for
renewable or conventional energy production, electricity
transmission, surface transportation, aviation, ports and waterways,
water resource projects, broadband, pipelines, manufacturing, or any
other sector as determined by a majority vote of the Council that--
    (i)(I) is subject to NEPA;
    (II) is likely to require a total investment of more than
$200,000,000; and
    (III) does not qualify for abbreviated authorization or
environmental review processes under any applicable law; or
    (ii) is subject to NEPA and the size and complexity of which, in
the opinion of the Council, make the project likely to benefit from
enhanced oversight and coordination, including a project likely to
require--
    (I) authorization from or environmental review involving more
than 2 Federal agencies; or
    (II) the preparation of an environmental impact statement under
NEPA.

    FAST-41 required the establishment of the Federal Permitting
Improvement Steering Council (FPISC) which is a council that includes a
chair and then representatives of certain Federal agencies, the
Chairman of the Council on Environmental Quality, and the Director of
the Office of Management and Budget. Council agencies include agencies
that may be involved in authorization or environmental review of a
covered project. The EPA is one such agency and is represented on the
FPISC. Pursuant to FAST-41, the FPISC is charged with issuing
recommendations on best practices to support the goals of FAST-41. See,
e.g., 42 U.S.C. 4370m-1(c)(2)(B). In essence, the best practices are
aimed at streamlining and improving the process by which the Federal
government undertakes environmental reviews and authorizations for
covered projects.
    States may voluntarily choose to participate in the FAST-41 process
and make subject to the process all State agencies that have
jurisdiction, are required to undertake a review or analysis, or are
required to make a determination on issuing a permit, license or other
approval for a covered project.

Current Request for Comment

    On January 18, 2017, the FPISC published a document titled,
Recommended Best Practices for Environmental Reviews and Authorizations
for Infrastructure Projects, which is available online at https://www.permits.performance.gov. This document identifies best practices
consistent with the FAST-41 guidelines described in 42 U.S.C. 4370m-
1(c)(2)(B). Specifically, these best practices regard:

42 U.S.C. 4370m-1(c)(2)(B)

    ``(i) enhancing early stakeholder engagement, including fully
considering and, as appropriate, incorporating recommendations provided
in public comments on any proposed covered project;
    (ii) ensuring timely decisions regarding environmental reviews and
authorizations, including through the development of performance
metrics;
    (iii) improving coordination between Federal and non-Federal
governmental entities, including through the development of common data
standards and terminology across agencies;
    (iv) increasing transparency;
    (v) reducing information collection requirements and other
administrative burdens on agencies, project sponsors, and other
interested parties;
    (vi) developing and making available to applicants appropriate
geographic information systems and other tools;
    (vii) creating and distributing training materials useful to
Federal, State, tribal, and local permitting officials; and
    (viii) addressing other aspects of infrastructure permitting, as
determined by the Council.''

42 U.S.C. 4370m-1(c)(2)(B)

    Under a number of federal environmental laws, the EPA delegates,
approves, or authorizes state governments to issue permits or other
authorizations under these laws. The EPA has already taken a number of
steps related to best practices for delegated and authorized state
permitting programs. These include establishing minimum program
requirements for authorized and delegated programs consistent with the
underlying statutory obligations.
    In addition, the EPA regularly communicates with delegated and
authorized programs regarding program implementation and oversight. One
example of this is that in 2016, the EPA initiated an agency-wide
effort, with the consultation and collaboration of stakeholder
associations throughout, to articulate a common set of principles and
best practices for promoting the efficiency and effectiveness of
delegated, authorized, and approved state permitting programs. On
August

30, 2016, the EPA formally transmitted the final principles and best
practices for permitting to the Environmental Council of the States.
See Promoting Environmental Program Health and Integrity: Principles
and Best Practices for Oversight of State Permitting Programs,
available online at https://www.epa.gov/sites/production/files/2016-10/documents/principles_and_best_practices_for_oversight_of_state_permitting_programs.pdf. These best practices and principles dovetail with the FPISC's
best practices.

42 U.S.C. 4370m-5(a)(1)

    Consistent with the EPA's obligation under 42 U.S.C. 4370m-5(a)(1),
the EPA is now seeking public comment to determine whether and the
extent to which any of the best practices identified by the FPISC are
generally applicable on a delegation- or authorization-wide basis to
permitting under FAST-41. This document satisfies EPA's obligation
under FAST-41 to solicit public participation on the FPISC best
practices.

    Authority:  Public Law 114-94, div. D, title XLI, sec.
41006(a)(1), Dec. 4, 2015, 129 Stat. 1758.
    Dated: October 25, 2017.

Samantha K. Dravis,
Associate Administrator for Policy.
[FR Doc. 2017-23686 Filed 10-30-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)]
[Notices]
[Pages 55891-55892]
[FR Doc No: 2017-25346]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82115; File No. SR-BatsBZX-2017-58]

Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change To List and Trade Shares of the CBOE S&P 500[supreg] Dividend
Aristocrats[supreg] Target Income Index ETF Under the ETF Series
Solutions Trust, Under Exchange Rule 14.11(c)(3), Index Fund Shares

November 17, 2017.
    On September 19, 2017, Bats BZX Exchange, Inc. (``Exchange'') filed
with the Securities and Exchange Commission (``Commission''), pursuant
to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'')
\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to list and
trade Shares of the CBOE S&P 500[supreg] Dividend Aristocrats[supreg]
Target Income Index ETF under Exchange Rule 14.11(c)(3). The proposed
rule change was published for comment in the Federal Register on
October 11, 2017.\3\ The Commission received no comments on the
proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 81815 (October 4,
2017), 82 FR 47265.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the

self-regulatory organization consents, the Commission shall either
approve the proposed rule change, disapprove the proposed rule change,
or institute proceedings to determine whether the proposed rule change
should be disapproved. The 45th day after publication of the notice for
this proposed rule change is November 25, 2017. The Commission is
extending this 45-day time period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change.
Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\5\ designates January 9, 2018 as the date by which the Commission
shall either approve or disapprove or institute proceedings to
determine whether to disapprove the proposed rule change (File Number
SR-BatsBZX-2017-58).
---------------------------------------------------------------------------

    \5\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-25346 Filed 11-22-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Rules and Regulations]
[Pages 21841-21845]
[FR Doc No: 2013-08266]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0814; FRL- 9799-8]

Approval and Promulgation of Implementation Plans; Region 4
States; Prong 3 Infrastructure Requirement for the 1997 and 2006 Fine
Particulate Matter National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to approve submissions from
Alabama, Georgia, Mississippi and South Carolina for inclusion into
each states' State Implementation Plans (SIP). This action pertains to
the Clean Air Act (CAA) requirements regarding prevention of
significant deterioration (PSD) for the 1997 annual and 2006 24-hour
fine particulate matter (PM2.5) National Ambient Air Quality
Standards (NAAQS) infrastructure SIPs. The CAA requires that each state
adopt and submit a SIP for the implementation, maintenance and
enforcement of each NAAQS promulgated by EPA, which is commonly
referred to as an ``infrastructure'' SIP. EPA is taking final action to
approve the submissions for Alabama, Georgia, Mississippi and South
Carolina that relate to adequate provisions prohibiting emissions that
interfere with any other state's required measures to prevent
significant deterioration of its air quality. All other applicable
infrastructure requirements for the 1997 annual and 2006 24-hour
PM2.5 NAAQS associated with these States are being addressed
in separate rulemakings. EPA is also providing clarification for a
footnote that was included in the proposed rulemaking for this action.

DATES: This rule is effective May 13, 2013.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0814. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30 excluding federal
holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9043. Mr. Lakeman can be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address basic SIP requirements,
including emissions inventories, monitoring, and modeling to assure
attainment and maintenance for that new NAAQS. On July 18, 1997 (62 FR
38652), EPA promulgated a new annual PM2.5 NAAQS and on
October 17, 2006 (71 FR 61144), EPA promulgated a new 24-hour NAAQS. On
December 5, 2012, EPA proposed to approve Alabama, Georgia, Mississippi
and South Carolina's

submissions addressing section 110(a)(2) (D)(i)(II) related to PSD. A
summary of the background for today's final action is provided below.
See EPA's December 5, 2012, proposed rulemaking at 77 FR 72284 for more
detail.
    Section 110(a) of the CAA requires states to submit SIPs to provide
for the implementation, maintenance, and enforcement of a new or
revised NAAQS within three years following the promulgation of such
NAAQS, or within such shorter period as EPA may prescribe. Section
110(a) imposes the obligation upon states to make a SIP submission to
EPA for a new or revised NAAQS, but the contents of that submission may
vary depending upon the facts and circumstances. The data and
analytical tools available at the time the state develops and submits
the SIP for a new or revised NAAQS affects the content of the
submission. The contents of such SIP submissions may also vary
depending upon what provisions the state's existing SIP already
contains. In the case of the 1997 annual and 2006 24-hour
PM2.5 NAAQS, states typically have met the basic program
elements required in section 110(a)(2) through earlier SIP submissions
in connection with previous PM NAAQS.
    More specifically, section 110(a)(1) provides the procedural and
timing requirements for SIPs. Section 110(a)(2) lists specific elements
that states must meet for ``infrastructure'' SIP requirements related
to a newly established or revised NAAQS. As already mentioned, these
requirements include SIP infrastructure elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS. However, EPA is only
addressing element 110(a)(2)(D)(i)(II) related to PSD in this action.
    Section 110(a)(2)(D) has two components; 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct
components, commonly referred to as ``prongs,'' that generally must be
addressed in SIP submissions. The first two prongs, which are codified
in section 110(a)(2)(D)(i)(I), are provisions that prohibit any source
or other type of emissions activity in one state from contributing
significantly to nonattainment of the NAAQS in another state (``prong
1''), and interfering with maintenance of the NAAQS in another state
(``prong 2''). The third and fourth prongs, which are codified in
section 110(a)(2)(D)(i)(II), are provisions that prohibit emissions
activity in one state interfering with measures required to prevent
significant deterioration of air quality in another state (``prong
3''), or to protect visibility in another state (``prong 4''). Section
110(a)(2)(D)(ii) requires SIPs to include provisions insuring
compliance with sections 115 and 126 of the Act, relating to interstate
and international pollution abatement.
    In previous actions, EPA has already taken action to address
Alabama, Georgia, Mississippi and South Carolina's SIP submissions
related to sections 110(a)(2)(D)(i)(I) and 110(a)(2)(D)(ii) for the
1997 annual and 2006 24-hour PM2.5 NAAQS. Today's final
rulemaking action relates only to requirements related to prong 3 of
section 110(a)(2)(D)(i), which as previously described, requires that
the SIP contain adequate provisions prohibiting emissions that
interfere with any other state's required measures to prevent
significant deterioration of its air quality. More information on this
requirement and EPA's rationale for today's proposal that each state is
meeting this requirement for purposes of the 1997 annual and 2006 24-
hour PM2.5 NAAQS is provided below.

II. This Action

    EPA is taking final action to approve Alabama, Georgia, Mississippi
and South Carolina's infrastructure submissions as demonstrating that
the States meet the applicable requirements of prong 3 of section
110(a)(2)(D)(i) of the CAA, that relate to adequate provisions
prohibiting emissions that interfere with any other state's required
measures to prevent significant deterioration of its air quality for
the 1997 annual and 2006 24-hour PM2.5 NAAQS. Section 110(a)
of the CAA requires that each state adopt and submit a SIP for the
implementation, maintenance and enforcement of each NAAQS promulgated
by the EPA, which is commonly referred to as an ``infrastructure'' SIP.
    On December 5, 2012, EPA proposed to approve Alabama, Georgia,
Mississippi and South Carolina's July 25, 2008, July 23, 2008, December
7, 2007, and March 14, 2008, (respectively, for the 1997 annual
PM2.5 NAAQS) and September 23, 2009, October 21, 2009,
October 6, 2009, and September 18, 2009, (respectively, for the 2006
24-hour PM2.5 NAAQS) infrastructure SIP submissions
addressing prong 3 of section 110(a)(2)(D)(i).
    Regarding final approval of Georgia and South Carolina's prong 3 of
section 110(a)(2)(D)(i), EPA's December 5, 2012 (77 FR 72284), proposed
action required EPA to first take final action to approve Georgia's
July 26, 2012, and South Carolina's May 1, 2012, SIP revisions
regarding PM2.5 PSD Increment-SILs-SMC Rule (only as it
relates to PM2.5 Increments) into each State's
implementation plan. Final approval of Georgia's July 26, 2012, PSD SIP
revision was signed on March 27, 2013, and final approval of South
Carolina's May 1, 2012, PSD SIP revision was signed on March 21, 2013.
    EPA notes that on September 26, 2012, the Agency approved the
Significant Monitoring Concentration (SMC) portion of the
PM2.5 PSD Increment-SILs-SMC Rule into the SIPs for Alabama
and Mississippi. See 77 FR 59100 and 77 FR 59095. Since that time, on
January 22, 2013, the U.S. Court of Appeals for the District of
Columbia, in Sierra Club v. EPA, 703 F.3d 458 (D.C. Cir. 2013), issued
a judgment that, inter alia, vacated the provisions adding the
PM2.5 SMC to the federal regulations, at 40 CFR
51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c), that were promulgated as part
of the 2010 PM2.5 PSD Increment-SILs-SMC Rule. In its
decision, the court held that EPA did not have the authority to use
SMCs to exempt permit applicants from the statutory requirement in
section 165(e)(2) of the CAA that ambient monitoring data for
PM2.5 be included in all PSD permit applications. Thus,
although the PM2.5 SMC was not a required element of a
State's PSD program and thus not a structural requirement for purposes
of infrastructure SIPs, were a SIP-approved PSD program that contains
such a provision to use that provision to issue new permits without
requiring ambient PM2.5 monitoring data, such application of
the SIP would be inconsistent with the court's opinion and the
requirements of section 165(e)(2) of the CAA.
    Given the clarity of the court's decision, it would now be
inappropriate for Mississippi or Alabama to continue to allow
applicants for any pending or future PSD permits to rely on the
PM2.5 SMC in order to avoid compiling ambient monitoring
data for PM2.5. Because of the vacatur of the EPA
regulations, the SMC provisions, included in these States' SIP-approved
PSD programs on the basis of EPA's regulations are unlawful and no
longer enforceable by law. Permits issued on the basis of these
provisions as they appear in approved SIPs would be inconsistent with
the CAA and difficult to defend in administrative and judicial
challenges. Thus, the SIP provisions may not be applied even prior to
their removal from the SIPs. Mississippi and Alabama should instead
require applicants requesting a PSD permit, including those having
already been applied for but for which the permit has

not yet been received, to submit ambient PM2.5 monitoring
data in accordance with the CAA requirements whenever either direct
PM2.5 or any PM2.5 precursor is emitted in a
significant amount.\1\ As the previously-approved PM2.5 SMC
provisions in the Mississippi and Alabama SIPs are no longer
enforceable, EPA does not believe the existence of the provisions in
the States' SIPs precludes today's approval of the infrastructure SIP
submissions for these States as the submissions relate to prong 3 of
the 1997 annual and 2006 24-hour PM2.5NAAQS.
---------------------------------------------------------------------------

    \1\ In lieu of the applicants' need to set out PM2.5
monitors to collect ambient data, applicants may submit
PM2.5 ambient data collected from existing monitoring
networks when the permitting authority deems such data to be
representative of the air quality in the area of concern for the
year preceding receipt of the application. EPA believes that
applicants will generally be able to rely on existing representative
monitoring data to satisfy the monitoring data requirement.
---------------------------------------------------------------------------

    EPA intends to initiate a rulemaking to correct SIPs that were
approved with regard to the PM2.5 SMCs prior to the court's
decision. EPA also advises the States to begin preparations to remove
the PM2.5 provisions from their state PSD regulations and
SIPs. However, EPA has not yet set a deadline requiring States to take
action to revise their existing PSD programs to address the court's
decision.
    EPA also notes that on January 4, 2013, the U.S. Court of Appeals,
in Natural Resources Defense Council v. EPA, No. 08-1250, 2013 WL 45653
(D.C. Cir., filed July 15, 2008) (consolidated with 09-1102, 11-1430),
issued a judgment that remanded EPA's 2007 and 2008 rules implementing
the 1997 PM2.5 NAAQS. The court ordered EPA to
``repromulgate these rules pursuant to Subpart 4 consistent with this
opinion.'' Id. at *8. Subpart 4 of Part D, Title 1 of the CAA
establishes additional provisions for particulate matter nonattainment
areas.
    The 2008 implementation rule addressed by the court decision,
``Implementation of New Source Review (NSR) Program for Particulate
Matter Less Than 2.5 Micrometers (PM2.5),'' 73 FR 28321 (May
16, 2008), promulgated NSR requirements for implementation of
PM2.5 in both nonattainment areas (nonattainment NSR) and
attainment/unclassifiable areas (PSD). As the requirements of Subpart 4
only pertain to nonattainment areas, EPA does not consider the portions
of the 2008 rule that address requirements for PM2.5
attainment and unclassifiable areas to be affected by the court's
opinion. Moreover, EPA does not anticipate the need to revise any PSD
requirements promulgated in the 2008 rule in order to comply with the
court's decision. Accordingly, EPA's actions for the Florida
infrastructure SIPs as related to element (D)(i)(II) with respect to
the PSD requirements promulgated by the 2008 implementation rule does
not conflict with the court's opinion.
    The court's decision with respect to the nonattainment NSR
requirements promulgated by the 2008 implementation rule also does not
affect EPA's action on the present infrastructure action. EPA
interprets the Act to exclude nonattainment area requirements,
including requirements associated with a nonattainment NSR program,
from infrastructure SIP submissions due 3 years after adoption or
revision of a NAAQS. Instead, these elements are typically referred to
as nonattainment SIP or attainment plan elements, which would be due by
the dates statutorily prescribed under subpart 2 through 5 under part
D, extending as far as 10 years following designations for some
elements.
    Additionally, it should be noted that in the December 5, 2012,
proposed rule, on page 72286, in footnote 2, EPA stated that
``[o]n June 11, 2010, the South Carolina Governor signed an Executive
Order to confirm that the State had authority to implement appropriate
emission thresholds for determining which new stationary sources and
modification projects become subject to PSD permitting requirements for
their GHG emissions at the state level.'' It should have read ``[o]n
June 11, 2010, the South Carolina Governor signed a Joint Resolution to
confirm that the State had authority to implement appropriate emission
thresholds for determining which new stationary sources and
modification projects become subject to PSD permitting requirements for
their GHG emissions at the state level.''
    EPA received one comment in support of EPA's action and one off-
topic comment on its December 5, 2012, proposed rulemaking to approve
Alabama, Georgia, Mississippi and South Carolina's SIP submissions as
meeting the prong 3 requirements of section 110(a)(2)(D)(i) of the CAA
for the 1997 annual and 2006 24-hour PM2.5 NAAQS. The off-
topic Commenter wanted ``to congratulate EPA workers for trying to
decrease particles and increase the public's health.'' This comment
does not appear to be related to the issues presented in the proposed
rulemaking, and instead, appears related to a wholly separate topic--
promulgation of the new 2012 PM2.5 NAAQS. EPA does not
interpret this comment as relevant to the topic of EPA's December 5,
2012, proposed action. Instead, EPA interprets this comment as being
off-topic and outside of the scope of today's final rulemaking.
    Alabama, Georgia, Mississippi and South Carolina's infrastructure
submissions addressed the prong 3 requirements of section
110(a)(2)(D)(i) of the CAA for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. Accordingly, EPA has determined that Alabama,
Georgia, Mississippi and South Carolina's submissions are consistent
with section 110 of the CAA.

III. Final Action

    As described above, EPA is approving SIP submissions for Alabama,
Georgia, Mississippi and South Carolina to incorporate provisions into
the States' implementation plans to address the prong 3 requirements of
section 110(a)(2)(D)(i) of the CAA for both the 1997 and 2006
PM2.5 NAAQS. Specifically, EPA is proposing to approve the
States' prong 3 of section 110(a)(2)(D)(i) submissions because they are
consistent with section 110 of the CAA. Today's action is not approving
any specific rule, but rather making a determination that Alabama,
Georgia, Mississippi and South Carolina's already-approved SIPs meet
certain CAA requirements.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by
Commonwealth 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 CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    EPA has determined that this final rule does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because there are no ``substantial direct effects''
on an Indian Tribe as a result of this action. EPA notes that the
Catawba Indian Nation Reservation is located within South Carolina.
Pursuant to the Catawba Indian Claims Settlement Act, S.C. Code Ann.
27-16-120, ``all state and local environmental laws and regulations
apply to the Catawba Indian Nation and Reservation and are fully
enforceable by all relevant state and local agencies and authorities.''
Thus, while the South Carolina SIP applies to the Catawba Reservation,
because today's action is not a substantive revision to the South
Carolina SIP, and is instead proposing that the existing SIP will
satisfy the prong 3 requirements of section 110(a)(2)(D)(i), EPA has
determined that today's action will have no ``substantial direct
effects'' on the Catawba Indian Nation. EPA has also determined that
these revisions will not impose any substantial direct costs on tribal
governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 11, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: March 28, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart B--Alabama

0
2. In Sec.  52.50, paragraph (e) is amended by adding two new entries
for ``110(a)(1) and (2) Infrastructure Requirements for the 1997 Fine
Particulate Matter National Ambient Air Quality Standards'' and
``110(a)(1) and (2) Infrastructure Requirements for the 2006 Fine
Particulate Matter National Ambient Air Quality Standards'' at the end
of the table to read as follows:

Sec.  52.50  Identification of plan.

* * * * *
    (e) * * *

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

                                                                      * * * * * * *
110(a)(1) and (2) Infrastructure    Alabama..............       7/25/2008  4/12/2013 [Insert citation of           Addressing element
 Requirements for 1997 Fine                                                 publication].                           110(a)(2)(D)(i)(II) prong 3 only
 Particulate Matter National
 Ambient Air Quality Standards.
110(a)(1) and (2) Infrastructure    Alabama..............       9/23/2009  4/12/2013 [Insert citation of           Addressing element
 Requirements for 2006 Fine                                                 publication].                           110(a)(2)(D)(i)(II) prong 3 only
 Particulate Matter National
 Ambient Air Quality Standards.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Subpart L--Georgia

0
3. In Sec.  52.570, paragraph (e) is amended by adding two new entries
for ``110(a)(1) and (2) Infrastructure Requirements for the 1997 Fine
Particulate Matter National Ambient Air Quality Standards'' and
``110(a)(1) and (2) Infrastructure Requirements for the 2006 Fine
Particulate Matter National Ambient Air Quality Standards'' at the end
of the table to read as follows:

Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

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

                                                                      * * * * * * *
42. 110(a)(1) and (2)               Georgia..............       7/23/2008   4/12/2013 [Insert citation of          Addressing element
 Infrastructure Requirements for                                            publication].                           110(a)(2)(D)(i)(II) prong 3 only
 1997 Fine Particulate Matter
 National Ambient Air Quality
 Standards.
43. 110(a)(1) and (2)               Georgia..............      10/21/2009  4/12/2013 [Insert citation of           Addressing element
 Infrastructure Requirements for                                            publication].                           110(a)(2)(D)(i)(II) prong 3 only
 2006 Fine Particulate Matter
 National Ambient Air Quality
 Standards.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Subpart Z--Mississippi

0
4. In Sec.  52.1270, paragraph (e) is amended by adding two new entries
for ``110(a)(1) and (2) Infrastructure Requirements for the 1997 Fine
Particulate Matter National Ambient Air Quality Standards'' and
``110(a)(1) and (2) Infrastructure Requirements for the 2006 Fine
Particulate Matter National Ambient Air Quality Standards'' at the end
of the table to read as follows:

Sec.  52.1270  Identification of plan.

* * * * *
    (e) * * *

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

                                                                      * * * * * * *
110(a)(1) and (2) Infrastructure    Mississippi..........       12/7/2007   4/12/2013 [Insert citation of          Addressing element
 Requirements for 1997 Fine                                                 publication].                           110(a)(2)(D)(i)(II) prong 3 only
 Particulate Matter National
 Ambient Air Quality Standards.
110(a)(1) and (2) Infrastructure    Mississippi..........       10/6/2009  4/12/2013 [Insert citation of           Addressing element
 Requirements for 2006 Fine                                                 publication].                           110(a)(2)(D)(i)(II) prong 3 only
 Particulate Matter National
 Ambient Air Quality Standards.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Subpart PP--South Carolina

0
5. In Sec.  52.2120, paragraph (e) is amended by adding three new
entries for ``110(a)(1) and (2) Infrastructure Requirements for the
1997 Fine Particulate Matter National Ambient Air Quality Standards''
and ``110(a)(1) and (2) Infrastructure Requirements for the 2006 Fine
Particulate Matter National Ambient Air Quality Standards.'' at the end
of the table to read as follows:

Sec.  52.2120  Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved South Carolina non-regulatory provisions
----------------------------------------------------------------------------------------------------------------
                                   State
          Provision           effective date          EPA approval date                    Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
110(a)(1) and (2)                  4/14/2008  4/12/2013 [Insert citation of     Addressing element
 Infrastructure Requirements                   publication].                     110(a)(2)(D)(i)(II) prong 3
 for 1997 Fine Particulate                                                       only
 Matter National Ambient Air
 Quality Standards.
110(a)(1) and (2)                  9/18/2009  4/12/2013 [Insert citation of     Addressing element
 Infrastructure Requirements                   publication].                     110(a)(2)(D)(i)(II) prong 3
 for 2006 Fine Particulate                                                       only
 Matter National Ambient Air
 Quality Standards.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2013-08266 Filed 4-11-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 8, 2010 (Volume 75, Number 25)]
[Proposed Rules]
[Page 6157-6159]
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0034; Directorate Identifier 2009-NM-120-AD]
RIN 2120-AA64

Airworthiness Directives; Gulfstream Aerospace LP Model
Gulfstream 100 Airplanes, and Model Astra SPX and 1125 Westwind Astra
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as: Incomplete closure of the MED
[main entry door] may be followed by in-flight opening of the door. As
a result, the MED and the adjacent fuselage structure may be damaged
during opening and landing impact. Damage to the left engine by flying
debris and objects may also occur.
    The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by March 25, 2010.

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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For Gulfstream service information identified in this proposed AD,
contact Gulfstream Aerospace Corporation, P.O. Box 2206, Mail Station
D-25, Savannah, Georgia 31402-2206; telephone<PHONE_NUMBER>; fax 912-
965-3520; e-mail<EMAIL_ADDRESS>Internet http://
www.gulfstream.com/product_support/technical_pubs/pubs/index.htm. For
Honeywell service information identified in this proposed AD, contact
Honeywell Aerospace, Technical Publications and Distribution, M/S 2101-
201, P.O. Box 52170, Phoenix, Arizona 85072-2170; telephone 602-365-
5535; fax<PHONE_NUMBER>; Internet http://www.honeywell.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> or<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 Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mike Borfitz, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2677; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0034;
Directorate Identifier 2009-NM-120-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
    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 proposed AD.

Discussion

    On January 23, 2007, we issued AD 2007-03-05, Amendment 39-14916
(72 FR 4414, January 31, 2007). That AD required actions intended to
address an unsafe condition on the products listed above.
    Since we issued AD 2007-03-05, the Civil Aviation Administration of
Israel (CAAI), which is the aviation authority for Israel, has issued
Israeli Airworthiness Directive 31-06-11-05, dated May 27, 2009
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    To increase pilots' awareness to the possibility of incomplete
closure of the Main Entry Door (MED) by the following means:

    1. Splitting the common caution light CABIN DOOR signaling both
MED Improper Closure and MED Inflatable Seal Failure into two
separate lights: CABIN DOOR and CABIN DOOR SEAL.
    2. Converting the separated CABIN DOOR Caution light into a
Warning light by changing its color to red.
    Note: Aircraft Flight Manuals (AFM'S) refer to these changes as
MOD G1-20052.
    Incomplete closure of the MED may be followed by in-flight
opening of the door. As a result, the MED and the adjacent fuselage
structure may be damaged during opening and landing impact.

    Damage to the left engine by flying debris and objects may also
occur. Required actions include modifying the warning and caution
lights panel (WACLP), changing the WACLP and MED wiring, changing the
wiring harness connecting the MED to the WACLP, and ensuring the Log of
Modification of the AFM includes reference to MOD G1-20052. You may
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Gulfstream has issued Service Bulletin 100-31-284, dated August 17,
2006. Honeywell has issued Service Bulletin 80-0548-31-0002, dated
March 1, 2006; Service Bulletin 80-5090-31-0001, dated March 1, 2006;
and Service Bulletin 80-0548-31-0001, dated April 1, 2006. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed 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 the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 120 products of U.S. registry.
    The actions that are required by AD 2007-03-05 and retained in this
proposed AD take about 1 work-hour per product, at an average labor
rate of $80 per work hour. Based on these figures, the estimated cost
of the currently required actions is $80 per product.
    We estimate that it would take about 60 additional work-hours per
product to comply with the new basic requirements of this proposed AD.
Required parts would cost about $600 per product. The average labor
rate is $80 per work-hour. Where the service information lists required
parts costs that are covered under warranty, we have assumed that there
will be no charge for these costs. As we do not control warranty
coverage for affected parties, some parties may incur costs higher than
estimated here. Based on these figures, we estimate the cost of the
proposed AD on U.S. operators to be $648,000, or $5,400 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-14916 (72 FR
4414, January 31, 2007) and adding the following new AD:

Gulfstream Aerospace LP (Formerly Israel Aircraft Industries, Ltd.):
Docket No. FAA-2010-0034; Directorate Identifier 2009-NM-120-AD.

Comments Due Date

    (a) We must receive comments by March 25, 2010.

Affected ADs

    (b) The proposed AD supersedes AD 2007-03-05, Amendment 39-
14916.

Applicability

    (c) This AD applies to Gulfstream Aerospace LP Model Gulfstream
100 airplanes; and Model Astra SPX and 1125 Westwind Astra
airplanes; certificated in any category; all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 31:
Instruments.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    To increase pilots' awareness to the possibility of incomplete
closure of the Main Entry Door (MED) by the following means:
    1. Splitting the common caution light CABIN DOOR signaling both
MED Improper Closure and MED Inflatable Seal Failure into two
separate lights: CABIN DOOR and CABIN DOOR SEAL.
    2. Converting the separated CABIN DOOR Caution light into a
Warning light by changing its color to red.
    NOTE: Aircraft Flight Manuals (AFM'S) refer to these changes as
MOD G1-20052.
    Incomplete closure of the MED may be followed by in-flight
opening of the door. As a result, the MED and the adjacent fuselage
structure may be damaged during opening and landing impact.
    Damage to the left engine by flying debris and objects may also
occur.
    Required actions include modifying the warning and caution
lights panel (WACLP), changing the WACLP and MED wiring, changing
the wiring harness connecting the MED to the WACLP, and ensuring the
Log of Modification of the AFM includes reference to MOD G1-20052.

Restatement of Requirements of AD 2007-03-05, With No Changes:

    (f) Unless already done, do the following actions. Within 10
days after February 15, 2007 (the effective date of AD 2007-03-05),
amend Section IV, Normal Procedures, of the following Gulfstream
airplane flight manuals (AFMs): Model 1125 Astra, 25W-1001-1; Model
Astra SPX, SPX-1001-1; and Model G100, G100-1001-1; as applicable;
to include the following statement. Insertion of copies of this AD
at the appropriate places of the AFMs is acceptable.
    ``1. BEFORE ENGINE START:
    (PRE and POST Mod 20052/Gulfstream Service Bulletin 100-31-284):
    CABIN DOOR--CLOSED (Physically verify door latch handle pin is
fully engaged in the handle lock)
    2. BEFORE TAXIING:
    Change the CABIN DOOR procedure as follows (POST Mod 20052/
Gulfstream Service Bulletin 100-31-284):
    Check CABIN DOOR light--OUT
    3. BEFORE TAKE-OFF:
    Insert between the POSITION lights switch and the THRUST LEVERS
procedures:
    (PRE Mod 20052/Gulfstream Service Bulletin 100-31-284):
    Check CABIN DOOR light--OUT (50% N1 may be required)
    (POST Mod 20052/Gulfstream Service Bulletin 100-31-284):
    Check CABIN DOOR light--OUT
    CABIN DOOR SEAL light--OUT (50% N1 may be required)''

    Note 1:  Mod 20052 is equivalent to Gulfstream Service Bulletin
100-31-284, dated August 17, 2006.

    Note 2:  This AD may be accomplished by a holder of a Private
Pilot's License.

New Requirements of This AD

Actions and Compliance

    (g) Unless already done, for all airplanes except airplane
serial number 158, do the following actions.
    (1) Within 250 flight hours after the effective date of this AD:
Modify the WACLP in accordance with the Accomplishment Instructions
of the applicable service bulletin identified in Table 1 of this AD.

                Table 1--Modification Service Information
------------------------------------------------------------------------
       Honeywell Service Bulletin--                    Dated--
------------------------------------------------------------------------
80-0548[dash]31[dash]0001.................  April 1, 2006.
80-0548-31-0002...........................  March 1, 2006.
80-5090-31-0001...........................  March 1, 2006.
------------------------------------------------------------------------

    (2) Within 250 flight hours after the effective date of this AD:
Change the WACLP and MED wiring in accordance with the
Accomplishment Instructions of Gulfstream Service Bulletin 100-31-
284, dated August 17, 2006.
    (3) Within 250 flight hours after the effective date of this AD:
Change the wiring harness connecting the MED to the WACLP in
accordance with the Accomplishment Instructions of Gulfstream
Service Bulletin 100-31-284, dated August 17, 2006.
    (4) Within 250 flight hours after the effective date of this AD:
Verify that the Log of Modification of the relevant airplane flight
manual (AFM) includes reference to MOD G1-20052, and, if no
reference is found, revise the Log of Modification of the AFM to
include reference to the modification.
    (5) Doing the modifications in paragraphs (g)(1), (g)(2),
(g)(3), and (g)(4) of this AD terminates the requirements of
paragraph (f) of this AD, and after the modifications have been
done, the AFM limitation required by paragraph (f) of this AD may be
removed from the AFM.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information
as follows: Paragraph (g)(5) of this AD mandates a terminating
action. However, Israeli AD 31-06-11-05, dated May 27, 2009, does
not explicitly mandate a terminating action. This difference has
been coordinated with the Civil Aviation Authority of Israel.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Mike
Borfitz, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI Israeli Airworthiness Directive 31-06-11-05,
dated May 27, 2009, and the service information identified in Table
2 of this AD for related information.

                      Table 2--Service Information
------------------------------------------------------------------------
            Service Information                         Date
------------------------------------------------------------------------
Gulfstream Service Bulletin 100-31-284....  August 17, 2006.
Honeywell Service Bulletin 80-0548-31-0001  April 1, 2006.
Honeywell Service Bulletin 80-0548-31-0002  March 1, 2006.
Honeywell Service Bulletin 80-5090-31-0001  March 1, 2006.
------------------------------------------------------------------------

    Issued in Renton, Washington, on January 28, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-2686 Filed 2-5-10; 8:45 am]
BILLING CODE 4910-13-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on January 21, 2004

NOTICE OF ACTION TAKEN – DOCKET OST 1996-1249

 _______________________________________________________________________
____________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  AEROTRANSPORTES MAS de CARGA, S.A. de C.V.
          Date Filed: January 5, 2004

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to continue to conduct scheduled, all-cargo services between:
1) Cancun, Mexico, and Miami, Florida; 2) Mexico City (including
Toluca), Mexico, and Los Angeles, California; 3) Guadalajara, Mexico,
and Miami, Florida; 4) Mexico City (including Toluca), Mexico, and New
York, New York; 5) Merida, Mexico, and Miami, Florida; and 6) Merida,
Mexico, and New York, New York.

If renewal, date and citation of last action(s):  January 15, 2003, in
this Docket.

Applicant representative:  Celestino Pena,<PHONE_NUMBER>           DOT
analyst:  Allen F. Brown,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.
                                          Action date:  January 21, 2004

Effective dates of authority granted:  January 21, 2004, through January
21, 2005.

Basis for approval (bilateral agreement/reciprocity):  United
States-Mexico Air Transport Services Agreement.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:  Standard exemption
conditions.

Special conditions/Remarks:

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such
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