[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10790-10796]
[FR Doc No: 2021-03567]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0580; Product Identifier 2020-NM-052-AD; Amendment
39-21389; AD 2021-02-06]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-02-
03, which applied to all The Boeing Company Model 787-8, 787-9, and
787-10 airplanes. AD 2019-02-03 required revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. This AD retains the
requirements of AD 2019-02-03 and requires incorporation of an
airworthiness limitation that applies only to certain airplanes. This
AD also requires replacing or modifying certain engine fire control
panels, which terminates the revised airworthiness limitation added in
this final rule when a certain condition is met. Since the FAA issued
AD 2019-02-03, the manufacturer has developed a new fire handle design
that will eliminate the need for the airworthiness limitations required
by AD 2019-02-03. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective March 30, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 30,
2021.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available on
the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-0580.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0580; 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, 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: Tak Kobayashi, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2019-02-03, Amendment 39-19550 (84 FR 2437,
February 7, 2019) (AD 2019-02-03). AD 2019-02-03 applied to all The
Boeing Company Model 787-8, 787-9, and 787-10 airplanes. The NPRM
published in the Federal Register on July 15, 2020 (85 FR 42749). The
NPRM was prompted by reports of warpage of internal engine fire handle
components that can cause binding and prevent proper operation, and by
the development of a new fire handle design that will eliminate the
need for the airworthiness limitations required by AD 2019-02-03. The
NPRM proposed to retain the requirements of AD 2019-02-03 and to
require incorporation of an airworthiness limitation that applies only
to certain airplanes. The NPRM also proposed to require replacing or
modifying certain engine fire control panels, which would terminate the
revised airworthiness limitation added in this final rule when a
certain condition is met. The FAA is issuing this AD to address a
latent failure of the engine fire handle, which could result in the
inability to extinguish an engine fire that, if uncontrollable, could
lead to wing failure.

Comments

    The FAA gave the public the opportunity to participate in
developing this AD. The following presents the comments received on the
NPRM and the FAA's response to each comment.

Request To Expand Approved Alternative Methods of Compliance (AMOCs)

    Boeing asked that paragraph (o)(4) of the proposed AD (paragraph
(p)(4) of this AD), which specifies ``AMOCs approved previously for AD
2019-02-03 are approved as AMOCs for the corresponding provisions of
paragraph (g) of this AD,'' also include approval of AMOCs for the
corresponding provisions of paragraph (k) of the proposed AD. Boeing
stated that approved AMOC RA-19-00263 (Boeing letter requesting an AMOC
for AD 2019-02-03) provides inspection instructions equivalent to
Airworthiness Limitation 28-AWL-FIRE in figure 1 to paragraph (g) of
the proposed AD. Boeing added that the inspection instructions of 28-
AWL-FIRE in figure 1 to paragraph (g) of the proposed AD and in figure
2 to paragraph (k) of the proposed AD are identical.
    The FAA partially agrees with the commenter's request. The FAA
previously approved Boeing Alert Requirements Bulletin B787-81205-
SB260007-00 RB, Issue 001, dated February 22, 2019, as an AMOC to the
requirements of paragraph (g) of AD 2019-02-03. The inspection
instructions provided in Boeing Alert Requirements Bulletin B787-81205-
SB260007-00 RB, Issue 001, dated February 22, 2019, are equivalent to
28-AWL-FIRE in figure 1 to paragraph (g) of this AD and in figure 2 to
paragraph (k) of this AD. Because paragraph (k) is a new requirement of
this AD, the FAA has instead added the action as an alternative
terminating action, paragraph (l) of this AD, for the repetitive
inspections for airplanes equipped with an engine fire control panel
having part number (P/N)

412600-001 or an engine fire shutoff switch having P/N 417000-101 or P/
N 417000-102.

Request To Revise Parts Installation Prohibition Paragraph or Extend
Compliance Time

    American Airlines, All Nippon Airways (ANA), and United Airlines
asked that the FAA revise paragraph (n) of the proposed AD to continue
to allow, for a limited time, the installation of the engine fire
handle with the part numbers on which an unsafe condition has been
identified after the effective date of the AD. American Airlines and
United Airlines asked that installing the parts be allowed for 15
months after the effective date of the AD, which is consistent with the
referenced service information. ANA asked that it be allowed to install
the parts until the engine fire handle with new part numbers is
installed in accordance with paragraph (i) of the proposed AD. ANA also
asked that the compliance time specified in paragraph (i) of the
proposed AD be extended to 24 months after the effective date of the
AD.
    American Airlines stated that this change is necessary because the
repetitive inspections of the engine fire handle with the part numbers
on which an unsafe condition has been identified remain in place until
those part numbers are replaced by the new part numbers. American
Airlines added that they would need a full panel or two new switches if
there were findings of failed fire handles because they can't mix old
and new parts. American Airlines, ANA, and United Airlines expressed
their concern regarding parts availability due to limited supply. ANA
stated that the supply of the engine fire handles with new part numbers
is insufficient worldwide due to the Coronavirus Disease 2019 (COVID-
19).
    The FAA partially agrees with the commenters' requests, based on
the limited supply of new part numbers available due to extenuating
circumstances. The FAA has received a number of reports of failed
engine fire handles found during the repetitive inspections. The
frequency of failures found in service, and the provisions of the
``Parts Installation Prohibition'' of paragraph (n) of the proposed AD,
could have forced operators to install the new part numbers from a
limited supply before reaching the compliance time in paragraph (i) of
this AD. Furthermore, as American Airlines stated, the repetitive
inspections required by 28-AWL-FIRE remain in place until a fire handle
with new part numbers is installed. The repetitive inspections do not
eliminate the latent failure of the engine fire handle, but they will
limit the number of flights the airplanes can operate with a failed
engine fire handle. Since paragraph (n) of the proposed AD would have
applied to all airplanes including those airplanes delivered with the
engine fire control panel having the new part number required by
paragraph (i) of this AD, and since it is necessary to prohibit the
replacement of the new part number with the old part number for those
airplanes that are not covered by paragraph (i) of this AD, the FAA has
revised paragraph (o) of this AD (paragraph (n) of the proposed AD) to
include an exception for airplanes identified in Boeing Requirements
Bulletin B787-81205-SB260008-00 RB, Issue 001, dated March 10, 2020.
For airplanes affected by paragraph (i) of this AD, once operators
comply with the actions required by paragraph (i) of this AD by
installing parts with new part numbers, operators must continue to
maintain the airplane configuration compliant with the AD requirements.
For airplanes delivered with the fire control panel having the new part
number, paragraph (o) of this AD prohibits the replacement of the new
part numbers with the old part numbers on which the unsafe condition
was identified.
    The FAA does not agree with ANA's request to revise the compliance
time in paragraph (i) of this AD to 24 months. Since the level of
impact of parts supply may vary for each operator, we are unable to
determine an appropriate change to the compliance time in paragraph (i)
of this AD that will result in a minimal impact on safety and on
operators' ability to comply with the AD requirements. Therefore,
operators that encounter limited parts supply that could hinder the
ability to meet the requirements of paragraph (i) of this AD within the
compliance time indicated should request an AMOC to extend this
compliance time. If data are provided to show that the extended
compliance time addresses the unsafe condition, operators may request
approval of an AMOC under the provisions of paragraph (p) of this AD.
The FAA has not changed this AD regarding this issue.

Request To Revise Airworthiness Limitation 28-AWL-FIRE

    The Air Line Pilots Association, International (ALPA) asked that
the FAA revise Airworthiness Limitation 28-AWL-FIRE to remove the
language that allows the flightcrew to perform an operational check of
the engine fire handle. ALPA stated that because the proposed AD
retains the actions required by AD 2019-02-03, the proposed AD also
retains the allowance for the flightcrew to perform the engine fire
handle operational check in a manner approved by the principal
operations inspector in lieu of being performed by specifically trained
maintenance personnel per the procedures in 28-AWL-FIRE. ALPA
previously highlighted concern with the flightcrew conducting the check
required by AD 2019-02-03, and reiterated that concern in comments on
the NPRM. ALPA noted that without specific training to flightcrews, the
opportunity exists for the operational check to be performed
inaccurately. ALPA concluded that to ensure that the check is effective
until the terminating action is accomplished, consistent procedures
should be followed and documented by appropriately trained maintenance
personnel, as specified in the proposed AD.
    The FAA does not agree with the commenter's request. Airworthiness
Limitation 28-AWL-FIRE includes an allowance for the flightcrew to
perform an operational check of the engine fire handle since the
inspection interval is relatively short and the inspection procedure is
relatively straightforward. Based on this allowance, operators can
develop the procedures for the flightcrew to perform an operational
check in a timely manner. Operators must ensure that the operational
check required by 28-AWL-FIRE is accurately performed by the flightcrew
in order for the procedures to be approved by the principal operations
inspector. The FAA has not changed this AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this AD with the changes described previously, and
minor editorial changes. The FAA has determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Requirements Bulletin B787-81205-SB260008-
00 RB, Issue 001, dated March 10, 2020. The service information
describes procedures for replacing the

engine fire control panel with a new or modified panel.
    The FAA also reviewed Boeing Requirements Bulletin B787-81205-
SB260007-00 RB, Issue 001, dated February 22, 2019. The service
information describes procedures for performing repetitive operational
checks of the engine fire handle.
    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.

Costs of Compliance

    The FAA estimates that this AD affects 122 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2019-02-03 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate.
    The FAA estimates the total cost per operator for the new
maintenance or inspection program revision to be $7,650 (90 work-hours
x $85 per work-hour).

                            Estimated Costs for Required Replacement or Modification
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replacement or modification...........  2 work-hours x $85 per            $5,000          $5,170        $630,740
                                         hour = $170.
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    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known 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.
    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

    The FAA has determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) 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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2019-02-03, Amendment 39-19550
(84 FR 2437, February 7, 2019), and
0
b. Adding the following new AD:

2021-02-06 The Boeing Company: Amendment 39-21389; Docket No. FAA-
2020-0580; Product Identifier 2020-NM-052-AD.

(a) Effective Date

    This AD is effective March 30, 2021.

(b) Affected ADs

    This AD replaces AD 2019-02-03, Amendment 39-19550 (84 FR 2437,
February 7, 2019) (AD 2019-02-03).

(c) Applicability

    This AD applies to all The Boeing Company Model 787-8, 787-9,
and 787-10 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire
protection.

(e) Unsafe Condition

    This AD was prompted by reports of warpage of internal engine
fire handle components that can cause binding and prevent proper
operation, and by the development of a new fire handle design that
will prevent the unsafe condition. The FAA is issuing this AD to
address a latent failure of the engine fire handle, which could
result in the inability to extinguish an engine fire that, if
uncontrollable, could lead to wing failure.

(f) Compliance

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

(g) Retained Maintenance/Inspection Program Revision, With no Changes

    This paragraph restates the requirements of paragraph (g) of AD
2019-02-03, with no changes. Within 14 days after February 22, 2019
(the effective date of AD 2019-02-03), revise the existing
maintenance or inspection program, as applicable, to add
airworthiness limitation 28-AWL-FIRE, by incorporating the
information specified in figure 1 to paragraph (g) of this AD into
the Airworthiness Limitations Section of the Instructions for
Continued Airworthiness. The initial compliance time for
accomplishing the actions specified in figure 1 to paragraph (g) of
this AD is within 45 days after February 22, 2019.
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[GRAPHIC] [TIFF OMITTED] TR23FE21.013

(h) Retained Restrictions on Alternative Actions and Intervals, With
New Exception

    This paragraph restates the requirements of paragraph (h) of AD
2019-02-03, with a new exception. Except as required by paragraph
(k) of this AD: After accomplishment of the existing maintenance or
inspection program revision required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or intervals may be used
unless the actions or intervals are approved as an alternative
method of compliance (AMOC) in accordance with the procedures
specified in paragraph (p) of this AD.

(i) New Required Actions

    For the airplanes identified in Boeing Requirements Bulletin
B787-81205-SB260008-00 RB, Issue 001, dated March 10, 2020: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Requirements Bulletin B787-81205-SB260008-00 RB, Issue 001, dated
March 10, 2020, except as specified by paragraph (j) of this AD, do
all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing

Requirements Bulletin B787-81205-SB260008-00 RB, Issue 001, dated
March 10, 2020.
    Note 1 to paragraph (i): Guidance for accomplishing the actions
required by paragraph (i) of this AD can be found in Boeing Service
Bulletin B787-81205-SB260008-00, Issue 001, dated March 10, 2020,
which is referred to in Boeing Requirements Bulletin B787-81205-
SB260008-00 RB, Issue 001, dated March 10, 2020.

(j) Exception to Service Information Specifications

    Where Boeing Requirements Bulletin B787-81205-SB260008-00 RB,
Issue 001, dated March 10, 2020, uses the phrase ``the issue 001
date of Requirements Bulletin B787-81205-SB260008-00 RB,'' this AD
requires using ``the effective date of this AD.''

(k) New Maintenance/Inspection Program Revision

    Except as provided by paragraph (l) of this AD: Prior to or
concurrently with the actions specified in paragraph (i) of this AD,
or within 30 days after the effective date of the AD, whichever
occurs later; revise the existing maintenance or inspection program,
as applicable, by incorporating the information specified in figure
2 to paragraph (k) of this AD into the Airworthiness Limitations
Section of the Instructions for Continued Airworthiness. It is
acceptable to change the limitation number from 28-AWL-FIRE to 26-
AWL-FIRE, provided the rest of the information in figure 2 to
paragraph (k) of this AD remains unchanged. The initial compliance
time for accomplishing the actions specified in figure 2 to
paragraph (k) of this AD is within 30 days after accomplishing the
last 28-AWL-FIRE or 26-AWL-FIRE task, as applicable. Accomplishing
the revision required by this paragraph terminates the actions
required by paragraph (g) of this AD.

[GRAPHIC] [TIFF OMITTED] TR23FE21.014

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(l) Alternative Operational Check

    For Model 787-8, -9, and -10 airplanes equipped with an engine
fire control panel having part number 412600-001 or an engine fire
shutoff switch having part number 417000-101 or 417000-102: As an
alternative to performing the actions required by paragraph (k) of
this AD, within 30 days after accomplishing the last 28-AWL-FIRE or
26-AWL-FIRE task or accomplishing the last operational check of the
engine fire handle in accordance with Boeing Requirements Bulletin
B787-81205-SB260007-00 RB, Issue 001, dated February 22, 2019;
perform an operational check of the engine fire handle in accordance
with Boeing Requirements Bulletin B787-81205-SB260007-00 RB, Issue
001, dated February 22, 2019. Repeat the operational check
thereafter at intervals not to exceed 30 days. Accomplishing the
initial check specified in this paragraph terminates the actions
required by paragraph (g) of this AD.
    Note 2 to paragraph (l): Guidance for accomplishing the actions
specified in paragraph (l) of this AD can be found in

Boeing Service Bulletin B787-81205-SB260007-00, Issue 001, dated
February 22, 2019, which is referred to in Boeing Requirements
Bulletin B787-81205-SB260007-00 RB, Issue 001, dated February 22,
2019.

(m) New Restrictions on Alternative Actions and Intervals

    After accomplishment of the existing maintenance or inspection
program revision required by paragraph (k) of this AD, no
alternative actions (e.g., inspections) or intervals may be used
unless the actions or intervals are approved as an AMOC in
accordance with the procedures specified in paragraph (p) of this
AD.

(n) Terminating Action for Repetitive Inspections

    Accomplishment of the actions required by paragraph (i) of this
AD on all affected airplanes in an operator's fleet terminates the
requirements of paragraph (k) of this AD.

(o) Parts Installation Prohibition

    For Model 787-8, -9, and -10 airplanes, except those identified
in Boeing Requirements Bulletin B787-81205-SB260008-00 RB, Issue
001, dated March 10, 2020: As of the effective date of this AD, no
person may install on any airplane any engine fire control panel
having part number (P/N) 412600-001, or any engine fire shutoff
switch having P/N 417000-101 or P/N 417000-102.

(p) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (q) of this AD. Information may be
emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved previously for AD 2019-02-03 are approved as
AMOCs for the corresponding provisions of paragraph (g) of this AD.

(q) Related Information

    For more information about this AD, contact Tak Kobayashi,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3553; email<EMAIL_ADDRESS>
(r) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Requirements Bulletin B787-81205-SB260007-00 RB,
Issue 001, dated February 22, 2019.
    (ii) Boeing Requirements Bulletin B787-81205-SB260008-00 RB,
Issue 001, dated March 10, 2020.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 7, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-03567 Filed 2-22-21; 8:45 am]
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[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Notices]
[Pages 47448-47449]
[FR Doc No: 2013-18933]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, August
8, 2013 at 2:00 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Walter, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Adjudicatory matters; and
    Other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at<PHONE_NUMBER>.

    Dated: August 1, 2013.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-18933 Filed 8-1-13; 4:15 pm]
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Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself and my fiance, who has had much success with electronic cigarettes, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a relative of a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my fiance's life. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.

Sincerely,

Nina G.


[Federal Register: September 26, 2008 (Volume 73, Number 188)]
[Notices]
[Page 55831-55832]
[DOCID:fr26se08-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-444-000; Docket No. CP07-441-000]

Jordan Cove Energy Project, L.P.; Pacific Connector Gas Pipeline
Project, L.P.; Notice of Public Meetings To Take Comments on the Draft
Environmental Impact Statement for the Proposed Jordan Cove Energy and
Pacific Connector Gas Pipeline Project

September 19, 2008.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) is issuing this notice to announce a series of public
meetings to take comments on the draft Environmental Impact Statement
(EIS) issued by the FERC on August 29, 2008, for the proposed Jordan
Cove Energy liquefied natural gas (LNG) Project and Pacific Connector
Gas Pipeline Project. The draft EIS addresses the proposal by Jordan
Cove Energy Project, L.P. (Jordan Cove) to construct and operate an LNG
import terminal on Coos Bay in Coos County, Oregon, in Docket No. CP07-
444-000, and the proposal by Pacific Connector Gas Pipeline, L.P. to
construct a 230-mile-long natural gas sendout pipeline that would cross
portions of Coos, Douglas, Jackson, and Klamath Counties, Oregon, in
Docket No. CP07-441-000. The proposed pipeline would connect the
proposed Jordan Cove LNG terminal with existing interstate pipeline
systems operated by Williams Northwest Pipeline Corporation, Gas
Transmission Northwest Corporation, Tuscarora Gas Transmission Company,
and Pacific Gas and Electric Company, and with an existing local
distribution pipeline system operated by Avista Corporation.
    The FERC staff produced the draft EIS in cooperation with the U.S.
Department of Agriculture Forest Service, U.S. Army Corps of Engineers,
U.S. Environmental Protection Agency, U.S. Department of Homeland
Security Coast Guard, U.S. Department of the Interior Bureau of Land
Management and Bureau of Reclamation, U.S. Department of
Transportation, and Douglas County, Oregon. The draft EIS was delivered
to the U.S. Environmental Protection Agency, and mailed to various
federal, state, and local government agencies, elected officials,
affected landowners, regional environmental organizations, Indian
tribes, local libraries and newspapers, intervenors, and other
interested parties.
    The issuance of the draft EIS was noticed in the Federal Register
on September 5, 2008 (73 FR 51815). The deadline for comments on the
draft EIS is December 4, 2008. In addition to, or in lieu of, sending
in written comments on the draft EIS, the FERC and cooperating agencies
invite you to attend the public comment meetings that will be held in
the project area in October 2008, on the dates, times, and locations
listed below.

------------------------------------------------------------------------
               Date and Time                          Location
------------------------------------------------------------------------
Monday, October 27, 2008, 6:30 p.m. to 10    North Bend Community
 p.m. (PST).                                 Center, 2222 Broadway
                                             Street, North Bend, Oregon
                                             97459. Telephone: 541-756-
                                             8500.

Tuesday, October 28, 2008, 6:30 p.m. to 10  Umpqua Community College,
 p.m. (PST).                                 Campus Center Dining Room/
                                             Timber Room, 1140 Umpqua
                                             College Road, Roseburg,
                                             Oregon 97470, Telephone:
<PHONE_NUMBER>.
Wednesday, October 29, 2008, 6:30 p.m. to    Red Lion Inn, Rogue River
 10 p.m. (PST).                              Ballroom, 200 N. Riverside
                                             Avenue, Medford, Oregon
                                             97501, Telephone: 541-779-
                                             5811.
Thursday, October 30, 2008, 6:30 p.m. to     Oregon Institute of
 10 p.m. (PST).                              Technology, College Union
                                             Auditorium, 3201 Campus
                                             Drive, Klamath Falls,
                                             Oregon 97601, Telephone:
<PHONE_NUMBER>, 1032.
------------------------------------------------------------------------

    These events are posted on the Commission's calendar located at
http://www.ferc.gov/EventCalendar/EventsList.aspx along with other
related information. For additional information, please contact the
Commission's Office of External Affairs at 1-866-208-FERC.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-22627 Filed 9-25-08; 8:45 am]

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[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Notices]
[Pages 21849-21850]
[FR Doc No: 2020-08333]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2018-0274; FRL-10008-36-ORD]

Integrated Science Assessment for Ozone and Related Photochemical
Oxidants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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

SUMMARY: The Environmental Protection Agency (EPA) is announcing the
availability of a final document titled, ``Integrated Science
Assessment for Ozone and Related Photochemical Oxidants (Final)'' (EPA/
600/R-20/012). The document was prepared by the Center for Public
Health and Environmental Assessment (CPHEA) within EPA's Office of
Research and Development (ORD) as part of the review of the primary
(health-based) and secondary (welfare-based) ozone national ambient air
quality standards (NAAQS) and represents an update of the 2013
Integrated Science Assessment (ISA) for ozone and related photochemical
oxidants. The ISA, in conjunction with additional technical and policy
assessments, provides the basis for EPA's decisions on the adequacy of
the current NAAQS and the appropriateness of possible alternative
standards.

DATES: The document will be available on or about April 24, 2020.

ADDRESSES: The ``Integrated Science Assessment for Ozone and Related
Photochemical Oxidants (Final)'' will be available primarily via the
internet on EPA's Integrated Science Assessment for Ozone page at
https://www.epa.gov/isa/integrated-science-assessment-isa-ozone-and-related-photochemical-oxidants or the public docket at http://www.regulations.gov, Docket ID: EPA-HQ-ORD-2018-0274. A limited number
of CD-ROM copies will be available. Contact Ms. Marieka Boyd by phone:
919-541-0031; fax:<PHONE_NUMBER>; or email<EMAIL_ADDRESS>to
request a CD-ROM, and please provide your name, your mailing address,
and the document title, ``Integrated Science Assessment for Ozone and
Related Photochemical Oxidants (Final)'' to facilitate processing of
your request.

FOR FURTHER INFORMATION, CONTACT:  For technical information, contact
Dr. Thomas Luben, CPHEA; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; or
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Information About the Document

    Section 108(a) of the Clean Air Act directs the Administrator to
identify certain air pollutants which, among other things, ``cause or
contribute to air pollution which may reasonably be anticipated to
endanger public health or welfare''; and to issue air quality criteria
for them. The air quality criteria are to ``accurately reflect the
latest scientific knowledge useful in indicating the kind and extent of
all identifiable effects on public health or welfare which may be
expected from the presence of [a] pollutant in the ambient air . . .
.''. Under section 109 of the Act, EPA is then to establish NAAQS for
each pollutant for which EPA has issued criteria. Section 109(d)(1) of
the Act subsequently requires periodic review and, if appropriate,
revision of existing air quality criteria to reflect advances in
scientific knowledge on the effects of the pollutant on public health
or welfare. EPA is also required to review and, if appropriate, revise
the NAAQS, based on the revised air quality criteria (for more
information on the NAAQS review process, see https://www.epa.gov/naaqs).
    EPA has established NAAQS for six criteria pollutants. Presently
the EPA is reviewing the air quality criteria and NAAQS for
photochemical oxidants and ozone; ozone is the current indicator for
this NAAQS. Periodically, EPA reviews the scientific basis for these
standards by preparing an ISA (formerly called an Air Quality Criteria
Document). The ISA provides the scientific basis for EPA's decisions,
in conjunction with additional technical and policy assessments, on the
adequacy of the current NAAQS and the appropriateness of possible
alternative standards. The Clean Air Scientific Advisory Committee
(CASAC), an independent science advisory committee whose review and
advisory functions are mandated by Section 109(d)(2) of the Clean Air
Act, is charged (among other things) with independent scientific review
of the EPA's air quality criteria.
    On June 26, 2018 (83 FR 29785), EPA formally initiated its current
review of the air quality criteria for the health and welfare effects
of ozone and related photochemical oxidants and the primary (health-
based) and secondary (welfare-based) ozone NAAQS, requesting the
submission of scientific and policy-relevant information on specified
topics. This information was incorporated into EPA's ``Integrated
Review Plan for the Review of the Ozone National Ambient Air Quality
Standards (External Review Draft),'' which was available for public
comment (83 FR 55163) and discussion by the CASAC via publicly
accessible teleconference consultation (83 FR 55528). The final
``Integrated Review Plan for the Review of the Ozone National Ambient
Air Quality Standards'' was posted to the EPA website in August 2019
(https://www.epa.gov/naaqs/ozone-o3-air-quality-standards).
    In the development of the draft ISA, webinar workshops were held on
October 29 and 31, 2018, and November 1 and 5, 2018, to discuss initial
draft materials with invited EPA and external scientific experts (83 FR
53472). The input received during these webinar workshops aided in the
development of the materials presented in the ``Integrated Science
Assessment for Ozone and Related Photochemical Oxidants (External
Review Draft)'', which was released on September 19, 2019 (84 FR 50836)
and is available at: https://cfpub.epa.gov/ncea/isa/recordisplay.cfm?deid=344670. The CASAC met at a public meeting on
December 3-6, 2019 (84 FR 58713), to review the draft Ozone ISA. A
public teleconference was then held on February 11, 2020 for CASAC to
review their draft letter to the Administrator on the draft ISA. This
meeting was announced in the Federal Register on January 27, 2020 (85
FR 4656). Subsequently, on February 19, 2020, the CASAC provided a
letter of their review to the Administrator of the EPA, available at:
https://yosemite.epa.gov/sab/sabproduct.nsf/
264cb1227d55e02c85257402007446a4/F228E5D4D848BBED85258515006354D0/
$File/EPA-

CASAC-20-002.pdf. The letter from the CASAC, as well as public comments
received on the draft Ozone ISA, can be found in Docket ID No. EPA-HQ-
ORD-2018-0274.
    The Administrator responded to the CASAC's letter on the External
Review Draft of the Ozone ISA on April 1, 2020, and the letter is
available at: https://yosemite.epa.gov/sab/sabproduct.nsf/
LookupWebProjectsCurrentCASAC/F228E5D4D848BBED85258515006354D0/$File/
EPA-CASAC-;20-002+Response.pdf. Administrator Wheeler's letter to the
CASAC indicated the Agency will ``incorporate the CASAC's comments and
recommendations, to the extent possible, and create a final Ozone ISA
so that it may be available to inform a proposed decision on any
necessary revisions of the NAAQS by spring 2020.'' The consensus CASAC
comments on the draft Ozone ISA (February 19, 2020) recommended that
the Draft Ozone ISA would benefit from: (1) Critical review, synthesis,
and discussion of available scientific evidence; (2) reassessment of
causality determinations and rationale for some new and altered
causality determinations; and (3) consultation with outside experts on
high-level, over-arching process aspects related to ISA development and
consideration of causality. In consideration of these comments while
preparing the Final Ozone ISA, the EPA added new text and clarified
existing text in the Preface and in Appendix 10 to more clearly
articulate how scientific evidence is identified, evaluated and
summarized in the ISA, revised the causality determination for long-
term ozone exposure and metabolic effects, and will take steps to both
identify methods for improving the ISA process and to solicit outside
expertise on best practices for making causality determinations from
multiple lines of evidence. Additionally, the EPA focused on addressing
those comments that contributed to improving clarity, could be
addressed in the near-term, and identified errors in the draft Ozone
ISA. Lastly, Administrator Wheeler noted, ``for those comments and
recommendations that are more substantial or cross-cutting and which
cannot be fully addressed in this timeframe, [the Agency will] develop
a plan to incorporate these changes into future Ozone ISAs as well as
ISAs for other criteria pollutant reviews.''

    Dated: April 14, 2020.
Wayne Cascio,
Director, Center for Public Health and Environmental Assessment.
[FR Doc. 2020-08333 Filed 4-17-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 18, 2010 (Volume 75, Number 117)]
[Notices]
[Page 34735-34736]
[DOCID:fr18jn10-63]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R04-OAR-2010-0260-201019; FRL-9164-1]

Adequacy Status of the Alabama Portion (Jackson County) of the
Chattanooga, Tennessee Tri-State Area 1997 Annual PM2.5 Attainment
Demonstration Insignificance Finding for Transportation Conformity
Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Adequacy.

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

SUMMARY: In this notice, EPA is notifying the public that EPA has made
an insignificance finding through the transportation conformity
adequacy

process for directly emitted fine particulate matter (PM2.5)
and nitrogen oxides (NOX) emissions as contained in the 1997
PM2.5 attainment demonstration for the Alabama portion of
the tri-state Chattanooga, Tennessee nonattainment area (hereafter
referred to as the ``Jackson County Area''). On October 14, 2009, the
State of Alabama, through the Alabama Department of Environmental
Management (ADEM), submitted an attainment demonstration plan for the
1997 annual PM2.5 standard for Jackson County, Alabama as
part of the tri-state Chattanooga 1997 PM2.5 nonattainment
area. The tri-state Chattanooga 1997 annual PM2.5
nonattainment area is comprised of a portion of Jackson County,
Alabama; Catoosa and Walker Counties, Georgia; and Hamilton County,
Tennessee. As a result of EPA's finding, the portion of Jackson County
within the tri-state Chattanooga 1997 PM2.5 nonattainment
area is no longer required to perform a regional emissions analysis for
either directly emitted PM2.5 or NOX as part of
future PM2.5 conformity determinations for the 1997 annual
PM2.5 standard. This finding only relates to the Alabama
portion of this Area, and does not relieve the Georgia or Tennessee
portions of the tri-state 1997 PM2.5 nonattainment area from
the requirement of performing the regional emissions analyses for
direct PM2.5 and NOX. EPA will review the
adequacy of the Georgia and Tennessee submittals with regard to the
motor vehicle emission budgets or insignificance findings (if any and
if appropriate) in separate actions.

DATES: This insignificance finding for direct PM2.5 and
NOX is effective July 6, 2010.

FOR FURTHER INFORMATION CONTACT: Dianna Smith, Environmental Scientist,
U.S. Environmental Protection Agency, Region 4, Air Planning Branch,
Air Quality Modeling and Transportation Section, 61 Forsyth Street,
SW., Atlanta, Georgia 30303. Ms. Smith can also be reached by telephone
at<PHONE_NUMBER>, or via electronic mail at<EMAIL_ADDRESS>The
finding is available at EPA's conformity Web site: http://www.epa.gov/
otaq/stateresources/transconf/adequacy.htm

SUPPLEMENTARY INFORMATION: This notice is simply an announcement of a
finding that EPA has already made. EPA Region 4 sent a letter to ADEM
on March 25, 2010, stating that regional mobile source emissions of
direct PM2.5 and NOX emissions are insignificant
as provided in the Alabama portion of the 1997 annual PM2.5
attainment demonstration for the Jackson County Area submitted on
October 14, 2009. EPA posted the availability of the insignificance
finding on EPA's Web site on February 16, 2010, as part of the adequacy
process, for the purpose of soliciting comments. The comment period ran
from February 16, 2010, through March 18, 2010. During EPA's adequacy
comment period, no comments were received on the insignificance finding
for the Jackson County Area. Through this notice, EPA is informing the
public of the insignificance finding for direct PM2.5 and
NOX for the purpose of implementing transportation
conformity in the Jackson County Area for the 1997 PM2.5
standard. EPA's findings have also been announced on EPA's conformity
Web site: http://www.epa.gov/otaq/stateresources/transconf/
adequacy.htm.
    Transportation conformity is required by section 176(c) of the
Clean Air Act, as amended in 1990. EPA's conformity rule requires that
transportation plans, programs and projects conform to state air
quality implementation plans and establishes the criteria and
procedures for determining whether or not they do. Conformity to a SIP
means that transportation activities will not produce new air quality
violations, worsen existing violations, or delay timely attainment of
the national ambient air quality standards. On March 2, 1999, the
District of Columbia Circuit Court ruled that submitted State
Implementation Plans (SIPs) cannot be used for transportation
conformity determinations until EPA has affirmatively found them
adequate.
    The criteria by which EPA determines whether a SIP's motor vehicle
emissions budget is adequate for transportation conformity purposes are
outlined in 40 Code of Federal Regulations (CFR) 93.118(e)(4). The
Transportation Conformity Rule in 40 CFR 93.109(k) states that a
regional emissions analysis is no longer necessary if EPA finds through
the adequacy or approval process that a SIP demonstrates that regional
motor vehicle emissions are an insignificant contributor to the air
quality problem for that pollutant/precursor. A finding of
insignificance does not change the requirement for a regional analysis
for other pollutants/precursors and does not change the requirement for
hot-spot analysis. (See 73 FR 4419, January 24, 2008.) Please note that
an adequacy review is separate from EPA's completeness review, and it
also should not be used to prejudge EPA's ultimate approval of the
attainment demonstration plan for the Jackson County Area. Even if EPA
finds the insignificance determination adequate, the attainment
demonstration plan could later be disapproved.
    Transportation partners should note this insignificance finding in
future transportation conformity determinations. Additionally, while
this insignificance finding waives the requirements for regional
emissions analyses for direct PM2.5 and NOX for
the Jackson County Area for the 1997 PM2.5 standard, as
mentioned above, it does not waive other conformity requirements for
the 1997 PM2.5 standard for the Jackson County Area, nor
does it waive transportation conformity requirements for other
pollutants/precursors for which the Area may be designated
nonattainment or redesignated to attainment with a maintenance plan.
    EPA has described the process for determining the adequacy of
submitted SIP budgets (which also applies to insignificance
determinations) in a May 14, 1999, memorandum entitled ``Conformity
Guidance on Implementation of March 2, 1999, Conformity Court
Decision.'' EPA has followed this guidance in making this adequacy
determination. This guidance is incorporated into EPA's July 1, 2004,
final rulemaking entitled ``Transportation Conformity Rule Amendments
for the New 8-hour Ozone and PM2.5 National Ambient Air
Quality Standards and Miscellaneous Revisions for Existing Areas;
Transportation Conformity Rule Amendments: Response to Court Decision
and Additional Rule Changes'' (69 FR 40004).

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

    Dated: June 8, 2010.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. 2010-14770 Filed 6-17-10; 8:45 am]
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[Federal Register: September 15, 2008 (Volume 73, Number 179)]
[Notices]
[Page 53296]
[DOCID:fr15se08-118]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request: Copies available from: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension: Rule 22d-1, Sec File No. 270-275, OMB Control No. 3235-
0310.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange Commission
(the ``Commission'') is soliciting comments on the collections of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Rule 22d-1 under the Investment Company Act of 1940 (the ``Act'')
(17 CFR 270.22d-1) provides registered investment companies that issue
redeemable securities (``funds'') an exemption from section 22(d) of
the Investment Company Act (15 U.S.C. 80a-22(d)) to the extent
necessary to permit scheduled variations in or elimination of the sales
load on fund securities for particular classes of investors or
transactions, provided certain conditions are met. The rule imposes an
annual burden per series of a fund of approximately 15 minutes, so that
the total annual burden for the approximately 4,735 series of funds
that might rely on the rule is estimated to be 1,184 hours.
    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even a representative survey or study. An agency may
not conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.
    Written comments are requested on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burden(s)
of the collection of information; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to Lewis W. Walker, Acting
Director/CIO, Securities and Exchange Commission, C/O Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-
mail to<EMAIL_ADDRESS>
    Dated: September 8, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-21405 Filed 9-12-08; 8:45 am]

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