[Federal Register Volume 83, Number 8 (Thursday, January 11, 2018)]
[Proposed Rules]
[Pages 1313-1316]
[FR Doc No: 2018-00177]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1217; Product Identifier 2016-SW-080-AD]
RIN 2120-AA64

Airworthiness Directives; Air Comm Corporation Air Conditioning
Systems

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 Air
Comm Corporation (Air Comm) air conditioning systems installed on
various model helicopters. This proposed AD would require replacing
electrical connectors and would prohibit the installation of other
parts. This proposed AD is prompted by reports of overheated
connectors. The proposed actions are intended to address an unsafe
condition on these products.

DATES: We must receive comments on this proposed AD by March 12, 2018.

ADDRESSES: You may send comments by any of the following methods:

     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1217; 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 proposed AD, the economic evaluation, the Special Airworthiness
Information Bulletin (SAIB), any comments received, and other
information. The street address for Docket Operations (telephone 800-
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.
    For service information identified in this proposed rule, contact
Air Comm Corporation, 1575 West 124th Ave., Westminster, CO 80234;
telephone<PHONE_NUMBER>; email [email protected]; website
www.aircommcorp.com. You may review the referenced service information
at the FAA, Office of the Regional Counsel, Southwest Region, 10101
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Matthew Bryant, Aerospace Engineer,
Denver ACO Branch, Compliance and Airworthiness Division, FAA, 26805
East 68th Ave., Room 214, Denver, CO 80249; telephone<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    On August 13, 2015, we issued SAIB SW-15-20 to alert owners and
operators of Bell Helicopter Textron Canada Limited (Bell) Model 206,
407, and 427; Agusta S.p.A. Model A119; and Airbus Helicopters Model
AS350, EC120, and EC130 helicopters of possible overheated and melted
connectors in the wiring of certain Air Comm air conditioning system
units. SAIB SW-15-20 was prompted by a report of a melted and
discolored aft evaporator assembly connector due to poor crimping
during installation of the connector or during production. SAIB SW-15-
20 recommends inspecting the connecters for evidence of overheating and
loose contact by following the Air Comm service bulletins, and if there
is evidence of overheating or loose contact, making the air
conditioning system inoperable until those connectors are replaced.
    Since we issued SAIB SW-15-20, we received additional reports of
melted and burned connectors. Further investigation revealed the
connector design may be insufficient for some of these model
helicopters because of electrical current load, installation location,
vibration environment, and susceptibility to environmental factors. As
a result, the connector may develop low pin tension between the socket
and the pin, leading to high electrical resistance, subsequently
resulting in excessive pin and socket temperatures. Overheating of the
connector could result in a fire and subsequent loss of control of the
helicopter. In July 2016, Air Comm introduced a newly designed
connector that can withstand the demands and environment of the aft
evaporator blower motor.
    Accordingly, we are proposing an AD for certain part-numbered Air
Comm air conditioning systems installed on Airbus Helicopters Model
AS350B, AS350B1, AS350B2, AS350B3, AS350BA, AS350C, AS350D, AS350D1,
and EC130B4, and Bell Model 206A, 206B, 206L, 206L-1, 206L-3, and 206L-
4, and 407 helicopters. This proposed AD would require replacing each
aft evaporator blower motor connector with the newly designed connector
and would prohibit installing certain parts in the aft evaporator
assembly, aft evaporator blower assembly, and aft condenser blower. The
actions specified in this proposed AD are intended to prevent
overheating of a connector, which could result in a fire and subsequent
loss of control of the helicopter.
    These Air Comm air conditioning systems may be installed on Airbus
Helicopters Model AS350B, AS350B1, AS350B2, AS350B3, AS350BA, AS350C,
AS350D, and AS350D1 helicopters per Supplemental Type Certificate (STC)
SR00643DE; on Airbus Helicopters Model EC130B4 helicopters per STC
SR00543DE; on Bell Model 206A, 206B, 206L, 206L-1, 206L-3, and 206L-4
helicopters per STC SH2750NM; and on Bell Model 407 helicopters per STC
SR00222DE. Because field reports revealed that Agusta S.p.A. Model
A119, Airbus Helicopters Model EC120, and Bell Model 427 helicopters
are not affected by this unsafe condition, we are not including these
models in this proposed AD.

FAA's Determination

    We are proposing this AD because we evaluated all known relevant
information and determined that an unsafe condition exists and is
likely to exist or develop on other products of these same type
designs.

Related Service Information Under 1 CFR Part 51

    We reviewed Air Comm Corporation Service Bulletin (SB) SB AS350-
111014 for Airbus Helicopters AS350 series helicopters and SB EC130-
6204 for Airbus Helicopters EC130 series helicopters, both Revision B
and dated January 10, 2017. We also reviewed SB 206-110414 for Bell 206
series helicopters, Revision C, and SB 407-110414 for Bell Model 407
helicopters, Revision D, both dated January 13, 2017. This service
information specifies inspecting certain aft evaporator blower motor
and certain condenser blower electrical connectors for indications of
overheating, discoloration, and plastic deformation and performing a
pull test. This service information also specifies replacing connector
housings and contacts that fail the inspection or the pull test.

    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.

Other Related Service Information

    We also reviewed the following Air Comm Corporation service
information:
     SB AS350-111014 and SB EC130-6204, both Revision A and
both dated July 6, 2016;
     SB 206-110414, Revision B, dated January 10, 2017 and
Revision A dated June 3, 2016; and
     SB 407-110414, Revision C, dated January 10, 2017, and
Revision B, dated July 6, 2016.
    This service information contains the same procedures described
above. However, SB AS350-111014 and SB EC130-6204, both Revision B and
dated January 10, 2017, contain additional instructions and figures for
the connectors. SB 206-110414, Revision C, and SB 407-110414, Revision
D, both dated January 13, 2017, contain minor corrections.

Proposed AD Requirements

    This proposed AD would require replacing certain connectors with
Air Comm connectors and prohibit installing certain part-numbered
plugs, sockets, receptacles, and pin in certain part-numbered aft
evaporator assemblies, aft evaporator blower assemblies, and aft
condenser blowers.

Differences Between This Proposed AD and the Service Information

    The Air Comm service information specifies a compliance time of 20
flight hours. This proposed AD would require compliance within 90 hours
time-in-service. The Air Comm service information specifies inspecting
each connector and replacing the connector housings and contacts that
have any signs of overheating or that fail a pull test. This proposed
AD would require replacing each connector without an inspection. This
proposed AD would also prohibit installing certain parts in certain
part-numbered aft evaporator assemblies, aft evaporator blower
assemblies, and aft condenser blowers.

Costs of Compliance

    We estimate that this proposed AD would affect 914 units installed
on helicopters of U.S. Registry. We estimate that operators may incur
the following costs in order to comply with this AD. Labor costs are
estimated at $85 per work-hour. Replacing the connectors would take
about 1 work-hour and parts would cost about $60 for a total cost of
$145 per helicopter and $132,530 for the U.S. fleet.
    According to Air Comm's service information, some of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected individuals. We do not control warranty
coverage by Air Comm. Accordingly, 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

    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, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; 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.
    We prepared an economic 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

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):

Air Comm Corporation (Air Comm) Air Conditioning Systems: Docket No.
FAA-2017-1217; Product Identifier 2016-SW-080-AD.

(a) Applicability

    This AD applies to the following helicopters, certificated in
any category:
    (1) Airbus Helicopters Model AS350B, AS350B1, AS350B2, AS350B3,
AS350BA, AS350C, AS350D, and AS350D1 helicopters with an Air Comm
air conditioning system part number (P/N) AS350-202-1, AS350-202-2,
AS350-202-3, AS350-202-4, AS350-202-5, AS350-204-1, AS350-204-2,
AS350-204-3, AS350-204-4, AS350-204-5, AS350-204-6, AS350-204-7,
AS350-204-8, AS350-204-9, AS350-204-10, AS350-204-11, or AS350-204-
12 installed.
    (2) Airbus Helicopters Model EC130B4 helicopters with an Air
Comm air conditioning system P/N EC130-202-1, EC130-202-2, EC130-
202-3, EC130-202-4, EC130-202-5, EC130-202-6, EC130-202-7, or EC130-
202-8 installed.
    (3) Bell Helicopter Textron Canada Limited (Bell) Model 206A,
206B, 206L, 206L-1, 206L-3, and 206L-4 helicopters with an Air Comm
air conditioning system P/N 206EC-200, 206EC-201, 206EC-202, 206EC-
203, 206EC-204, 206EC-205, 206EC-206, 206EC-207, 206EC-208, 206EC-
209, 206EC-210, 206EC-211, or 206EC-212 installed.
    (4) Bell Model 407 helicopters with an Air Comm air conditioning
system P/N 407 EC-201, 407 EC-202, or 407 EC-203 installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as an overheated connector.
This condition could result in a fire and subsequent loss of control
of the helicopter.

(c) Comments Due Date

    We must receive comments by March 12, 2018.

(d) Compliance

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

(e) Required Actions

    (1) Within 90 hours time-in-service:
    (i) For Airbus Helicopters Model AS350B, AS350B1, AS350B2,
AS350B3, AS350BA, AS350C, AS350D, and AS350D1 helicopters, replace
each aft evaporator blower motor connector with an Air Comm
connector as depicted in Figures 2, 3, and 4 of Air Comm Service
Bulletin (SB) SB AS350-1110014, Revision B, dated January 10, 2017,
by using a Deutsch HDT-48-00 or an equivalent MIL-DTL22520 Type 1
crimping tool.
    (ii) For Airbus Helicopters Model EC130B4 helicopters, replace
each aft evaporator blower motor connector with an Air Comm
connector as depicted in Figures 2, 3, and 4 of Air Comm SB EC130-
6204, Revision B, dated January 10, 2017, by using a Deutsch HDT-48-
00 or an equivalent MIL-DTL22520 Type 1 crimping tool.
    (iii) For Bell Model 206A, 206B, 206L, 206L-1, 206L-3, and 206L-
4 helicopters, replace each aft evaporator blower motor connector
with an Air Comm connector as depicted in Figures 4, 5, and 6 of Air
Comm SB 206-110414, Revision C, dated January 13, 2017, by using a
Deutsch HDT-48-00 or an equivalent MIL-DTL22520 Type 1 crimping
tool.
    (iv) For Bell Model 407 helicopters, replace each aft evaporator
blower motor connector with an Air Comm connector as depicted in
Figures 4, 5, and 6 of Air Comm SB 407-110414, Revision D, dated
January 13, 2017, by using a Deutsch HDT-48-00 or an equivalent MIL-
DTL22520 Type 1 crimping tool.
    (2) After the effective date of this AD, do not install the
following in any aft evaporator assembly P/Ns AS350-6202, EC130-
6204-1, or EC130-6204-2; aft evaporator blower assembly P/Ns S-
6078EC-15, S-6102EC-3, or S-6102EC-4; or aft condenser blower P/Ns
S-7060EC-1, S-7060EC-2, S-7062EC-1 or S-7062EC-2:
    (i) Plug P/N 03-09-1022, 03-09-1032, and 03-09-1042;
    (ii) Socket P/N 02-09-1103 and 02-09-1104;
    (iii) Receptacle P/N 03-09-2022, 03-09-2032, and 03-09-2042; and
    (iv) Pin P/N 02-09-2103.

(f) Credit for Previous Actions

    Replacing the connectors before the effective date of this AD in
accordance with Air Comm SB 206-110414, Revision A, dated June 3,
2016; SB AS350-111014 or SB EC130-6204, both Revision A and both
dated July 6, 2016; SB 407-110414, Revision B, dated July 6, 2016;
SB 206-110414, Revision B, dated January 10, 2017; or SB 407-110414,
Revision C, dated January 10, 2017, is considered acceptable for
compliance with the corresponding required actions specified in
paragraph (e)(1) of this AD.

(g) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Denver ACO Branch, FAA, may approve AMOCs for
this AD. Send your proposal to: Matthew Bryant, Aerospace Engineer,
Denver ACO Branch, Compliance and Airworthiness Division, FAA, 26805
East 68th Ave., Room 214, Denver, CO 80249; telephone (303) 342-
1092; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(h) Additional Information

    Air Comm SB 206-110414, Revision A, dated June 3, 2016; SB
AS350-111014 or SB EC130-6204, both Revision A and both dated July
6, 2016; SB 407-110414, Revision B, dated July 6, 2016; SB 206-
110414, Revision B, dated January 10, 2017; and SB 407-110414,
Revision C, dated January 10, 2017, which are not incorporated by
reference, contain additional information about the subject of this
AD. For service information identified in this AD, contact Air Comm
Corporation, 1575 West 124th Ave., Westminster, CO 80234; telephone
(303) 440-4075; email [email protected]; website
www.aircommcorp.com. You may review a copy of this service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

 (i) Subject

    Joint Aircraft Service Component (JASC) Code: 2197, Air
Conditioning System Wiring.

    Issued in Fort Worth, Texas, on January 2, 2018.
Scott A. Horn,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2018-00177 Filed 1-10-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Rules and Regulations]
[Pages 14813-14814]
[FR Doc No: 2015-06325]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0871; Airspace Docket No. 14-AWP-8]

Amendment of Class E Airspace; Coaldale, NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E airspace at the Coaldale VHF
Omni-Directional Radio Range Tactical Air Navigation Aid (VORTAC),
Coaldale, NV, to facilitate vectoring of Instrument Flight Rules (IFR)
aircraft under control of Oakland Air Route Traffic Control Center
(ARTCC). This action also corrects the Title of this rulemaking by
classifying this action as an amendment of versus establishment of
Class E airspace, as reflected in the NRPM. This action enhances the
safety and management of IFR operations within the National Airspace
System (NAS).

DATES: Effective 0901 UTC, April 30, 2015. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.9Y, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/airtraffic/publications/. The Order is also available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15. For further
information, you can contact the Airspace Policy and ATC Regulations
Group, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 29591; telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Steve Haga, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On December 12, 2014 the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish Class E en route
domestic airspace at the Coaldale VORTAC, Coaldale, NV (79 FR 73854).
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. One
comment was received from the National Business Aviation Association in
support of the proposal. Subsequent to publication, the FAA found Class
E airspace already exists for the Coaldale VORTAC, NV. Therefore, this
final rule is an amendment versus establishment of controlled airspace.
    Class E airspace designations are published in paragraph 6006, of
FAA Order 7400.9Y, dated August 6, 2014, and effective September 15,
2014, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designation listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.9Y, airspace Designations and
Reporting Points, dated August 6, 2014, and effective September 15,
2014. FAA Order 7400.9Y is publicly available as listed in the
ADDRESSES section of this final rule. FAA Order 7400.9Y lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 modifies Class E en route domestic airspace extending upward
from 1,200 feet above the surface at the Coaldale VORTAC navigation
aid, Coaldale, NV. By this action, aircraft are contained while in IFR
conditions under control of Oakland ARTCC by vectoring aircraft from en
route airspace to terminal areas. This action enhances the safety and
management of controlled airspace within the NAS. The Title heading for
this document is changed from Establishment of Class E Airspace to
Amendment of Class E Airspace, Coaldale, NV, with minor edits, as Class
E airspace already exists for the Coaldale VORTAC, Coaldale, NV.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (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); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at the Coaldale VORTAC, Coaldale, NV.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y,
Airspace Designations and Reporting Points, dated August 6, 2014, and
effective September 15, 2014, is amended as follows:

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

AWP NV E6 Coaldale, NV [Modified]

Coaldale VORTAC, NV
    (Lat. 38[deg]00'12'' N., long. 117[deg]46'14'' W.)

    That airspace extending upward from 1,200 feet above the surface
within an area bounded by a line beginning at lat. 39[deg]39'28''
N., long. 117[deg]59'55'' W.; to lat. 37[deg]55'11'' N., long.
117[deg]53'37'' W.; to lat. 38[deg]13'30'' N., long. 117[deg]16'30''
W.; to lat. 38[deg]05'00'' N., long. 117[deg]16'00'' W.; to lat.
37[deg]53'00'' N., long. 117[deg]05'41'' W.; to lat. 37[deg]33'00''
N., long. 117[deg]05'41'' W.; to lat. 37[deg]26'30'' N., long.
117[deg]04'33'' W.; to lat. 37[deg]22'00'' N., long. 117[deg]00'30''
W.; to lat. 37[deg]12'00'' N., long. 117[deg]20'00'' W.; to lat.
37[deg]12'02'' N., long. 117[deg]53'49'' W.; to lat. 37[deg]12'00''
N., long. 118[deg]35'00'' W.; to lat. 36[deg]08'00'' N., long.
118[deg]35'00'' W.; to lat. 36[deg]08'00'' N., long. 118[deg]52'00''
W.; to lat. 37[deg]47'57'' N., long. 120[deg]22'00'' W.; to lat.
38[deg]53'30'' N., long. 119[deg]49'00'' W.; thence to the point of
beginning.

    Issued in Seattle, Washington, on March 12, 2015.
Christopher Ramirez,
Acting Manager, Operations Support Group, Western Service Center, AJV-
W2.
[FR Doc. 2015-06325 Filed 3-19-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: September 15, 2008 (Volume 73, Number 179)]
[Rules and Regulations]
[Page 53140-53143]
[DOCID:fr15se08-14]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 131

[EPA-HQ-OW-2007-93; FRL-8716-2]

Withdrawal of Federal Antidegradation Policy for All Waters of
the United States Within the Commonwealth of Pennsylvania

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to withdraw the federal
antidegradation policy for all waters of the United States within the
Commonwealth of Pennsylvania. We are withdrawing the federal
antidegradation policy to allow Pennsylvania to implement its own
antidegradation policy. Pennsylvania has adequately demonstrated that
its antidegradation policy protects all waters of the United States at
a level consistent with the federal requirements under the Clean Water
Act. Therefore, the federal antidegradation policy is redundant.

DATES: This rule is effective December 15, 2008 without further notice
unless EPA receives adverse comment by October 15, 2008. If EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket Id. No. EPA-HQ-
OW-2007-0093, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: Water Docket, USEPA, Mailcode: 2822T, 1200
Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, EPA West Room 3334, 1301
Constitution Ave., NW., Washington, DC 20004. Such deliveries are only
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arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2007-
93. EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web

site is an ``anonymous access'' system, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA without
going through www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
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docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
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www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the OW Docket Center. This
Docket Facility is open from 8:30 a.m. until 4:30 p.m., Monday through
Friday, excluding legal holidays. The Docket telephone number is (202)
566-2426 and the Docket address is OW Docket, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC 20004. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744.

FOR FURTHER INFORMATION CONTACT: Caroline Whitehead at EPA
Headquarters, Office of Water (4305T), 1200 Pennsylvania Ave, NW.,
Washington, DC 20460 (telephone:<PHONE_NUMBER>, fax:<PHONE_NUMBER> or e-
mail<EMAIL_ADDRESS>or Denise Hakowski at EPA Region 3
(3WP30), 1650 Arch Street, Philadelphia, Pennsylvania 19103 (telephone:
215-814-5726, fax:<PHONE_NUMBER> or e-mail: hakowski.denise@epa.gov).

SUPPLEMENTARY INFORMATION: This section is organized as follows:

Table of Contents

I. Potentially Affected Entities
II. Background
III. Why Is EPA Using a Direct Final Rule?
IV. Statutory and Executive Order Review
    A. Executive Order 12866 (Regulatory Planning and Review)
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132 (Federalism)
    F. Executive Order 13175 (Consultation and Coordination With
Indian Tribal Governments)
    G. Executive Order 13045 (Protection of Children From
Environmental Health Risks and Safety Risks)
    H. Executive Order 13211 (Actions That Significantly Affect
Energy Supply, Distribution or Use)
    I. National Technology Transfer and Advancement Act of 1995
    J. Executive Order 12898 (Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations)
    K. Congressional Review Act

I. Potentially Affected Entities

    Citizens concerned with water quality in Pennsylvania may be
interested in this rulemaking. Entities discharging pollutants to the
surface waters of Pennsylvania could be indirectly affected by this
rulemaking since water quality standards are used in determining
National Pollutant Discharge Elimination System (NPDES) permit limits.
Because this action withdraws a redundant federal antidegradation
policy, the effect of this rulemaking should be insignificant.
Categories and entities which may ultimately be affected include:

------------------------------------------------------------------------
                                               Examples of potentially
                 Category                         affected entities
------------------------------------------------------------------------
Industry..................................  Industries discharging
                                             pollutants to surface
                                             waters in Pennsylvania.
Municipalities............................  Publicly-owned treatment
                                             works discharging
                                             pollutants to surface
                                             waters in Pennsylvania.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding NPDES-regulated entities likely to be
affected by this action. This table lists the types of entities that
EPA is now aware could potentially be affected by this action.

II. Background

    Section 303 (33 U.S.C. 1313) of the Clean Water Act (CWA or Act)
directs States, with oversight by EPA, to adopt water quality standards
to protect the public health and welfare, enhance the quality of water
and serve the purposes of the CWA. Under section 303, States are
required to develop water quality standards for navigable waters of the
United States within the State. Section 303(c) and EPA's implementing
regulations at 40 CFR part 131 require State and Tribal water quality
standards to include the designated use or uses to be made of the
water, the water quality criteria necessary to protect those uses, and
an antidegradation policy. States are required to review their water
quality standards at least once every three years and, if appropriate,
revise or adopt new standards. The results of this triennial review
must be submitted to EPA, and EPA must approve or disapprove any new or
revised standards. Section 303(c) of the CWA authorizes the EPA
Administrator to promulgate water quality standards to supersede State
standards that EPA has disapproved or in any case where the
Administrator determines that a new or revised standard is needed to
meet the CWA's requirements.
    In June 1994, EPA disapproved Pennsylvania's antidegradation
regulation after determining the regulation was not consistent with the
federal antidegradation regulation found at 40 CFR 131.12. When the
Pennsylvania Department of Environmental Protection (PADEP) did not act
within the statutory timeframe to address EPA's findings, EPA
promulgated a federal antidegradation policy for all waters of the
United States within the Commonwealth of Pennsylvania at 40 CFR 131.32
on December 9, 1996. In August 1999, PADEP submitted revisions to its
antidegradation policy found in 25 Pa. Code Chapter 93 to EPA. On March
17, 2000, EPA approved most of the revisions to Pennsylvania's
regulations as meeting the requirements of federal regulations at 40
CFR 131.12(a)(1) and 131.12(a)(2), but withheld action on Section
93.4b, PADEP's Exceptional Value (EV) Waters designation, or Tier 3,
until PADEP ensured that EV designated waters would be protected at the
level consistent with federal regulations at 40 CFR 131.12(a)(3). In
2003, PADEP published ``Water Quality Antidegradation Implementation
Guidance'' (Document Number 391-0300-002). In it, PADEP provides

guidance to its staff and information to help the regulated community
and the public understand the implementation of the antidegradation
policy in Pennsylvania. Based on a review of the document in
combination with the PADEP's antidegradation regulation, EPA approved
PADEP's antidegradation policy for Tier 3 waters on March 7, 2007.
Because Pennsylvania now has an EPA-approved antidegradation policy
meeting the federal requirements at 40 CFR 131.12, the federal
antidegradation regulation promulgated by EPA for Pennsylvania is no
longer needed and EPA is withdrawing it with this action.

III. Why Is EPA Using a Direct Final Rule?

    EPA is publishing this final rule without a prior proposed rule
because we view this rulemaking as a noncontroversial action and
anticipate no adverse comment. This action withdraws the federally
promulgated antidegradation rule because Pennsylvania has developed
regulations that protect the waters of the United States within the
Commonwealth at a level consistent with the federal requirements.
However, in the ``Proposed Rules'' section of today's Federal Register,
we are publishing a separate document that will serve as a proposed
rule to withdraw the federal antidegradation regulation for
Pennsylvania if any adverse comment is received regarding this direct
final rule. We will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information about commenting on this rule, see the
ADDRESSES section of this document.
    If EPA receives adverse comment on this direct final rule, we will
publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect. We would
address all public comments in any subsequent final rule based on the
proposed rule.

IV. Statutory and Executive Order Review

A. Executive Order 12866 (Regulatory Planning and Review)

    This action withdraws federal requirements applicable to
Pennsylvania and imposes no regulatory requirements or costs on any
person or entity. It does not interfere with the action or planned
action of another agency, and does not have any budgetary impacts or
raise novel legal or policy issues. Thus, it has been determined that
this rule is not a ``significant regulatory action'' under the terms of
Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore
not subject to Office of Management and Budget (OMB) review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden
because it is administratively withdrawing federal requirements that no
longer need to apply to Pennsylvania. However, the Office of Management
and Budget (OMB) has previously approved the information collection
requirements contained in the existing regulations 40 CFR part 131
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. and has assigned OMB control number 2040-0049. The OMB control
numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996, generally requires an agency to prepare a regulatory flexibility
analysis of a rule that is subject to notice and comment rulemaking
requirements under the Administrative Procedure Act or any other
statute unless the agency certifies that the rule will not have
significant economic impact on a substantial number of small entities.
This action imposes no regulatory requirements or costs on any small
entity. Therefore, I certify that this action will not have a
significant economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act

    Title III of the Unfunded Mandates Reform Act (UMRA) (Pub. L. 104-
4) establishes requirements for federal agencies to assess the effects
of their regulatory actions on State, Tribal, and local governments and
the private sector. Today's rule contains no federal mandates (under
the regulatory provisions of Title II of the UMRA) for State, Tribal,
or local governments or the private sector because it imposes no
enforceable duty on any of these entities. Thus, today's rule is not
subject to the requirements of UMRA sections 202 and 205 for a written
statement and small government agency plan. Similarly, EPA has
determined that this rule contains no regulatory requirements that
might significantly or uniquely affect small governments and is
therefore not subject to UMRA section 203.

E. Executive Order 13132 (Federalism)

    Executive Order 13132, entitled Federalism (64 FR 43255, August 10,
1999), requires EPA to develop an accountable process to ensure State
and local government officials have an opportunity to provide input in
the development of regulatory policies that have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of governments. This rule
imposes no regulatory requirements or costs on any State or local
governments; therefore, it does not have federalism implications under
Executive Order 13132.

F. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)

    This rule imposes no regulatory requirements or costs on any Tribal
government. It does not have substantial direct effects on Tribal
governments, on the relationship between the federal government and
Indian tribes, or on the distribution of power and responsibilities
between the federal government and Indian tribes, as specified in
Executive Order 13175, entitled ``Consultation and Coordination with
Indian Tribal Governments'' (65 FR 67249, November 6, 2000).

G. Executive Order 13045 (Protection of Children From Environmental
Health and Safety Risks)

    This rule is not subject to E.O. 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997) because it is not economically significant and
EPA has no reason to believe the environmental health or safety risks
addressed by this action present a disproportionate risk to children.

H. Executive Order 13211 (Actions That Significantly Affect Energy
Supply, Distribution, or Use)

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

I. National Technology Transfer Advancement Act of 1995

    The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply
because this rule does not involve technical standards.

J. Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations)

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule does not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. EPA approved Pennsylvania's antidegradation policy, which
is consistent with 40 CFR 131.12(a) and provides the same level of
protection as the federally promulgated antidegradation policy. This
rule withdraws a redundant antidegradation policy.

K. Congressional Review Act

    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 rule 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) and will be effective on December 15, 2008.

List of Subjects in 40 CFR Part 131

    Environmental protection, Antidegradation, Water quality standards.

    Dated: September 9, 2008.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:

PART 131--WATER QUALITY STANDARDS

0
1. The authority citation for part 131 continues to read as follows:

    Authority: 33 U.S.C. 1251 et seq.

Sec.  131.32  [Removed and Reserved]

0
2. Section 131.32 is removed and reserved.

[FR Doc. E8-21464 Filed 9-12-08; 8:45 am]

BILLING CODE 6560-50-P