[Federal Register Volume 76, Number 227 (Friday, November 25, 2011)]
[Rules and Regulations]
[Pages 72626-72627]
[FR Doc No: 2011-30159]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0603; FRL-9493-1]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Amendments to the Control of Volatile Organic Compound
Emissions From Offset Lithographic Printing and Letterpress Printing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware. The SIP revision amends the control
of volatile organic compound (VOC) emissions from offset lithographic
printing and letterpress printing. EPA is approving this SIP revision
to meet the requirements of a reasonably available control technology
(RACT) rule for the offset lithographic printing and letterpress
printing control technique guideline (CTG) category in accordance with
the requirements of the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on December 27,
2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0603. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Delaware Department of Natural Resources and Environmental Control, 89
Kings Highway, P.O. Box 1401, Dover, Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Rose Quinto,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On September 23, 2011 (76 FR 59089), EPA published a notice of
proposed rulemaking (NPR) for the State of Delaware. The NPR proposed
approval of a regulation that amends the control of VOC emissions from
offset lithographic printing and letterpress printing (7 DE Admin Code
1124, Section 47.0). The purpose of this SIP revision is to conform to
the new CTG issued by EPA in September 2006 (EPA-453/R-06-002) for the
offset lithographic printing industry by adding control requirements
for letterpress printing operations. The formal SIP revision that
reflects the new requirements was submitted by the Delaware Department
of Natural Resources and Environmental Control (DNREC) on May 25, 2011.

II. Summary of SIP Revision

    DNREC's SIP revision to Section 47.0 expands the control of VOC
emissions to include letterpress printing presses and sets up a new and
more stringent 95 percent reduction standard for those control systems
installed after April 11, 2011 (effective date of the SIP revision).
Amendments to Section 47.0 also include specifying a one-year
transition period for facilities to comply with the new requirements
and providing flexibility for facilities to locate unspecified
temperature monitoring devices for control systems. Other specific
requirements of Section 47.0 and the rationale for EPA's proposed
action are explained in the NPR and will not be restated here. No
public comments were received on the NPR.

III. Final Action

    EPA is approving the control of VOC emissions from offset
lithographic printing and letterpress printing (7 DE Admin Code 1124,
Section 47.0) as a revision to the Delaware SIP. This SIP revision
meets the requirements of a RACT rule for the offset lithographic
printing and letterpress printing CTG category.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as
specified by Executive Order 13175(65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a

report containing this action and other required information to the
U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States prior to publication of the rule in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 24, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, pertaining to Delaware's control of VOC emissions
from offset lithographic printing and letterpress printing, may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)

List of Subjects in 40 CFR part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

     Dated: November 4, 2011.
W.C. Early,
Acting, Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart I-- Delaware

0
2. In Sec.  52.420, the table in paragraph (c) is amended by revising
the entry for Regulation 1124, Section 47.0 to read as follows:

Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
                                                            State
State regulation  (7 DNREC 1100)      Title/subject       effective     EPA approval date        Additional
                                                             date                                explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
              1124                                Control of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
Section 47.0....................  Offset Lithographic        4/11/11  11/25/11 [Insert      Amendments to
                                   Printing and                        page number where     Sections 47.1
                                   Letterpress Printing.               the document          through 47.6 to
                                                                       begins].              include control
                                                                                requirements for
                                                                                letterpress
                                                                                printing.
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2011-30159 Filed 11-23-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 47 (Tuesday, March 11, 2014)]
[Notices]
[Page 13728]
[FR Doc No: 2014-05341]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

 In the Matter of Broadcast Live Digital Corp.; Order of
Suspension of Trading

March 7, 2014.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Broadcast Live Digital Corp. because of questions regarding the
accuracy of publicly available information about the company's
operations.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company is suspended for the period from 9:30 a.m. EST on
March 7, 2014, through 11:59 p.m. EDT on March 20, 2014.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2014-05341 Filed 3-7-14; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Notices]
[Pages 45597-45600]
[FR Doc No: 2017-20905]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-5608]

Opioid Policy Steering Committee; Establishment of a Public
Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; request for comments.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is
establishing a public docket to solicit suggestions, recommendations,
and comments from interested parties, including patients and patient
representatives, health care professionals, academic institutions,
regulated industry, and other interested organizations, on questions
relevant to FDA's newly established Opioid Policy Steering Committee
(OPSC). Opioid addiction and the resulting overdoses and deaths have
created a national crisis, which requires action by federal agencies
that may in some instances be unprecedented in order to address the
situation and attempt to turn the tide on the crisis. As a public
health agency

responding to the crisis, FDA seek public input as it considers how its
authorities can or should be used to address this crisis. This
information will help the Agency understand areas of focus important to
the public and identify and address opioid product and policy issues
that need clarification. FDA is especially interested in hearing from
interested parties in three key areas: What more can FDA do to ensure
that the full range of available information, including about possible
public health effects, is considered when making opioid-related
regulatory decisions; what steps can FDA take with respect to
dispensing and packaging (e.g., unit of use) to facilitate consistency
of and promote appropriate prescribing practice; and should FDA require
some form of mandatory education for health care professionals who
prescribe opioid drug products, and if so, how should such a system be
implemented?

DATES: Submit either electronic or written comments by December 28,
2017.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before December 28, 2017. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of December 28, 2017. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked, and identified
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-N-5608 for ``Opioid Policy Steering Committee; Establishment
of a Public Docket; Request for Comments.'' Received comments will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked ``confidential'' will not be
disclosed except in accordance with 21 CFR 10.20 and other applicable
disclosure law. For more information about FDA's posting of comments to
public dockets, see 80 FR 56469, September 18, 2015, or access the
information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Kathleen Davies, Office of Medical
Products and Tobacco, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 1, Rm. 2310, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On April 19, 2017, the Secretary of Health
and Human Services announced the HHS strategy for fighting the opioid
crisis. The five point strategy includes: (1) Improving access to
prevention, treatment, and recovery services; (2) targeting
availability and distribution of overdose-reversing drugs; (3)
strengthening timely public health data and reporting; (4) supporting
cutting-edge research; and (5) advancing the practice of pain
management. Following that announcement, on May 23, 2017, the
Commissioner of Food and Drugs announced his intention to take more
forceful steps to combat the opioid crisis. An OPSC was established to
explore and develop additional tools or strategies FDA can use to
confront this crisis. The OPSC has a broad mandate to consider steps
that FDA can take to confront the opioid crisis. FDA is seeking
suggestions, recommendations, and comments from interested parties,
including patients and patient representatives, health care
professionals, academic institutions, regulated industry, and other
interested organizations, with regard to a number of topics related to
three overarching questions: (1) What more can or should FDA do to
ensure that the full range of available information, including about
possible public health effects, is considered when making opioid-
related regulatory decisions; (2) what steps can or should FDA take
with respect to dispensing and packaging (e.g., unit of use) to
facilitate consistency of and promote appropriate prescribing practice;
and (3) should FDA require some form of mandatory education for health
care professionals who prescribe opioid drug products, and if so, how
should such a system be implemented?

I. Assessing Benefit and Risk in the Opioids Setting

    In a July 6, 2017, article in the Journal of the American Medical
Association, FDA explained its approach to assessing the benefits and
risks of drug products, describing a structured approach that, in the
case of opioids, includes extensive additional review of the risks
related to the potential misuse and abuse of these products. FDA
explained that it is working to incorporate the effects of decisions on
public health into its benefit-risk framework in a more quantitative
manner that can supplement and enhance the strong qualitative work that
the Agency already performs (Ref. 1). In addition, in March 2016, FDA
commissioned a study from the National Academies of Sciences,
Engineering, and Medicine to outline the state of the science regarding
prescription opioid abuse and misuse, the evolving role that opioid
analgesics play in pain management, and additional actions FDA should
consider to address the opioid crisis with particular emphasis on
strengthening its benefit-risk framework for opioids. That report was
issued in July (Ref. 2). While FDA considers the report
recommendations, we would like to solicit additional feedback that will
supplement those recommendations.
    Specific questions on which FDA seeks comment relating to this
topic are as follows:
    1. How should FDA tailor, or otherwise amend, its assessment of
benefit and risk in the context of opioid drugs to ensure that the
Agency is giving adequate consideration to the risks associated with
the labeled indication of these drugs and the risks associated with the
potential abuse and misuse of these products?
    2. Are there specific public health considerations other than
misuse and abuse that FDA should incorporate into its current framework
for benefit and risk assessment as a way to reduce the opioid addiction
epidemic? That framework includes, but is not limited to, how FDA makes
regulatory decisions to approve new opioids, evaluates their use in the
postmarket setting, or limits or influences their prescribing through
product labeling or other risk management measures.

II. Steps To Promote Proper Prescribing and Dispensing

    Proper prescribing and dispensing are critical to successfully
reducing opioid misuse and abuse. A 2016 Centers for Disease Control
and Prevention (CDC) Guideline for Prescribing Opioids for Chronic Pain
reported that, ``[w]hen opioids are used for acute pain, clinicians
should prescribe the lowest effective dose of immediate-release opioids
and should prescribe no greater quantity than needed for the expected
duration of pain severe enough to require opioids. Three days or less
will often be sufficient; more than seven days will rarely be needed.''
(Ref. 3.) And a recent analysis showed that, across six studies of
patients who had undergone a variety of surgical procedures, 67 percent
to 92 percent of patients reported unused opioid analgesics. Moreover,
``[r]ates of safe storage and/or disposal of unused opioids were low,''
resulting in an ``important reservoir of unused opioids available for
nonmedical use . . . .'' (Ref. 4). There are clinical situations that
may require a supply of opioid analgesics that exceeds current CDC
guidelines and FDA wants to make sure that patients have what they need
in those cases. But FDA believes there are situations in which patients
are prescribed an opioid analgesic when a non-opioid pain treatment
would be adequate or, when an opioid product is necessary, treatment
with a shorter course of therapy would be more appropriate, and without
specific requirements, variance in prescribing habits are likely to
persist.
    Specific questions on which FDA seeks comment relating to this
topic are as follows:
    1. Should FDA consider adding a recommended duration of treatment
for specific types of patient needs (e.g., for specific types of
surgical procedures) to opioid analgesic product labeling? Or, should
FDA work with prescriber groups that could, in turn, develop expert
guidelines on proper prescribing by indication?
    2. If opioid product labeling contained recommended duration of
treatment for certain common types of patient needs, how should this
information be used by FDA, other state and Federal health agencies,
providers, and other intermediaries, such as health plans and pharmacy
benefit managers, as the basis for making sure that opioid drug
dispensing more appropriately and consistently aligns with the type of
patient need for which a prescription is being written?
    3. Are there steps FDA should take with respect to dispensing and
packaging (e.g., unit of use) to facilitate consistency of and promote
appropriate prescribing practice?
    4. Are there other steps that FDA should take to help promote the
prescribing of treatment durations that are appropriately tailored to a
clinical patient need?

III. Requirements for Prescriber Education

    Recently, the option of mandating education or training for health
care professionals who prescribe opioid medications has been more
widely discussed,\1\ and some states already are, or are considering,
mandating such prescriber education. For example, as of July 1, 2017,
health care professionals in New York State who are licensed to
prescribe controlled substances must complete, and register their
completion of, at least 3 hours of course work or training in pain
management, palliative care, and addiction (Ref. 5).
---------------------------------------------------------------------------

    \1\ FDA acknowledges the Joint Meeting of the Drug Safety and
Risk Management Advisory Committee and the Anesthetic and Analgesic
Drug Products Advisory Committee Meeting, held May 3-4, 2016,
discussed mandatory education for health care professionals (Docket
No. FDA-2016-N-0820).
---------------------------------------------------------------------------

    Specific questions on which FDA seeks comment relating to this
topic are as follows:
    1. Are there circumstances under which FDA should require some form
of mandatory education for health care professionals to ensure that
prescribing professionals are informed about appropriate prescribing
and pain management recommendations, understand how to identify the
risk of abuse in individual patients, know how to get patients with a
substance use disorder into treatment, and know how to prescribe
treatment for--and properly manage--patients with substance use
disorders, among other educational goals? Are there other steps FDA
could take to educate health care professionals to ensure that
prescribing professionals are informed about appropriate prescribing
and pain management recommendations?
    2. How might FDA operationalize such a requirement if it were to
pursue this policy goal? For example, should mandatory education apply
to all prescribing health care professionals, or only a subset of
prescribing health care professionals? If only a subset, how would FDA
construct a framework that focuses mandatory education on only that
subset--for example, by requiring mandatory education only for those
writing prescriptions for longer durations as opposed to those for very
short-term use?
    3. What steps should FDA take to make implementing such mandatory
education efficient and more feasible? For example, should FDA work
collaboratively with state public health agencies, state licensing
boards, provider organizations, such as medical specialty societies and
health plans, or with other stakeholders, such as

pharmacy benefit managers, to integrate or avoid duplicating their
educational programs or requirements? What other steps might FDA
consider to make implementation less burdensome and more effective?

IV. Additional Matters for Consideration

    1. What other steps should FDA take to operationalize the above
described goals?
    2. Are there additional policy steps FDA should consider relating
to the OPSC that are not identified in this notice?
    We invite interested parties to review these questions and submit
comments to the docket for the OPSC to consider. In addition, we invite
interested parties to submit additional policy considerations or
recommendations for actions that FDA could or should undertake to help
the Agency better address the opioid addiction crisis.

V. References

    1. Gottlieb, Scott and J. Woodcock. ``Marshaling FDA Benefit-
Risk Expertise to Address the Current Opioid Abuse Epidemic.''
Journal of the American Medical Association. 2017;318(5):421-422.
Doi:10.1001/jama.2017.9205. Available at http://jamanetwork.com/journals/jama/fullarticle/2643333. Accessed August 2017.
    2. National Academies of Sciences, Engineering, and Medicine.
``Pain Management and the Opioid Epidemic: Balancing Societal and
Individual Benefits and Risks of Prescription Opioid Use (2017),
Consensus Study Report.'' Richard J. Bonnie, Morgan A. Ford, and
Jonathan K. Phillips (eds.). Available at https://www.nap.edu/catalog/24781/pain-management-and-the-opioid-epidemic-balancing-societal-and-individual. Accessed August 2017.
    3. Dowell, D., T. M. Haegerich, and R. Chou. ``CDC Guideline for
Prescribing Opioids for Chronic Pain--United States, 2016.'' Item 6
in ``Determining When to Initiate or Continue Opioids for Chronic
Pain.'' Morbidity and Mortality Weekly Report Recommendations and
Reports 2016;65(No. RR-1):1-49. DOI: http://dx.doi.org/10.15585/mmwr.rr6501e1. Accessed August 2017.
    4. Bicket, M. C., J. J. Long, P. J. Pronovost, et al.
``Prescription Opioid Analgesics Commonly Unused After Surgery, A
Systematic Review.'' JAMA Surgery. Published online August 2, 2017.
DOI:10.1001/jamasurg.2017.0831. Available at http://jamanetwork.com/journals/jamasurgery/fullarticle/2644905. Accessed August 2017.
    5. New York State Department of Health, Mandatory Prescriber
Education. Available at https://www.health.ny.gov/professionals/narcotic/mandatory_prescriber_education/. Accessed August 2017.

    Dated: September 26, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-20905 Filed 9-28-17; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 178 (Monday, September 15, 2014)]
[Notices]
[Pages 54996-54997]
[FR Doc No: 2014-21897]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2014-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final Notice.

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SUMMARY: New or modified Base (1% annual-chance) Flood Elevations
(BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries
or zone designations, and/or the regulatory floodway (hereinafter
referred to as flood hazard determinations) as shown on the indicated
Letter of Map Revision (LOMR) for each of the communities listed in the
table below are finalized. Each LOMR revises the Flood Insurance Rate
Maps (FIRMs), and in some cases the Flood Insurance Study (FIS)
reports, currently in effect for the listed communities. The flood
hazard determinations modified by each LOMR will be used to calculate
flood insurance premium rates for new buildings and their contents.

DATES: The effective date for each LOMR is indicated in the table
below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at www.msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/
fmxmain.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and ninety (90) days have elapsed since that
publication. The Deputy Associate Administrator for Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard determinations are the basis for
the floodplain management measures that the community is required
either to adopt or to show evidence of being already in effect in order
to remain qualified for participation in the National Flood Insurance
Program (NFIP).
    These new or modified flood hazard determinations, together with
the floodplain management criteria required by 44 CFR 60.3, are the
minimum that are required. They should not be construed to mean that
the community must change any existing ordinances that are more
stringent in their floodplain management requirements. The community
may at any time enact stricter requirements of its own or pursuant to
policies established by other Federal, State, or regional entities.
    These new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and also are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.

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                                                            Chief executive officer       Community map                                       Community
         State and county           Location and case No.         of community             repository        Effective date of modification      No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Texas:
    Bexar (FEMA Docket No.: B-      Unincorporated areas   The Honorable Nelson W.    Bexar County Public   August 7, 2014.................       480035
     1416).                          of Bexar County (14-   Wolff, Bexar County        Works Department,
                                     06-0021P).             Judge, Paul Elizondo       233 North Pecos-La
                                                            Tower, 101 West Nueva      Trinidad Street,
                                                            Street, 10th Floor, San    Suite 420, San
                                                            Antonio, TX 78205.         Antonio, TX 78207.
    Bexar (FEMA Docket No.: B-      Unincorporated areas   The Honorable Nelson W.    Bexar County Public   August 7, 2014.................       480035
     1416).                          of Bexar County (14-   Wolff, Bexar County        Works Department,
                                     06-0228P).             Judge, Paul Elizondo       233 North Pecos-La
                                                            Tower, 101 West Nueva      Trinidad Street,
                                                            Street, 10th Floor, San    Suite 420, San
                                                            Antonio, TX 78205.         Antonio, TX 78207.
    Dallas (FEMA Docket No.: B-     City of Dallas (13-06- The Honorable Mike         Public Works          July 28, 2014..................       480171
     1408).                          2620P).                Rawlings, Mayor, City of   Department, 320
                                                            Dallas, 1500 Marilla       East Jefferson
                                                            Street, Room 5EN,          Boulevard, Room
                                                            Dallas, TX 75201.          307, Dallas, TX
                                                                                75203.
    Denton (FEMA Docket No.: B-     City of Denton (13-06- The Honorable Chris        901-A Texas Street,   July 28, 2014..................       480194
     1408).                          3803P).                Watts, Mayor, City of      Denton, TX 76209.
                                                            Denton, 215 East
                                                            McKinney Street, Denton,
                                                            TX 76201.
    Denton (FEMA Docket No.: B-     Unincorporated areas   The Honorable Mary Horn,   Denton County         July 28, 2014..................       480774
     1408).                          of Denton County (13-  Denton County Judge, 110   Government Center,
                                     06-3803P).             West Hickory Street, 2nd   1505 East McKinney
                                                            Floor, Denton, TX 76201.   Street, Suite 175,
                                                                                Denton, TX 76209.
    Webb (FEMA Docket No.: B-1416)  City of Laredo (13-06- The Honorable Raul G.      1120 San Bernardo     July 31, 2014..................       480651
                                     4511P).                Salinas, Mayor, City of    Avenue, Laredo, TX
                                                            Laredo, 1110 Houston       78040.
                                                            Street, Laredo, TX 78040.
    Wilson (FEMA Docket No.: B-     City of Floresville    The Honorable Diana        City Hall, 1120 D     July 31, 2014..................       480671
     1416).                          (14-06-0256P).         Garza, Mayor, City of      Street,
                                                            Floresville, 1120 D        Floresville, TX
                                                            Street, Floresville, TX    78114.
                                                            78114.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: August 26, 2014.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2014-21897 Filed 9-12-14; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Proposed Rules]
[Pages 17429-17434]
[FR Doc No: 2023-05330]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1296; Project Identifier MCAI-2022-00628-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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

SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM) to
supersede Airworthiness Directive (AD) 2020-20-05 and AD 2022-09-16,
which applies to certain Airbus SAS Model A318 series; A319-111, -112,
-113, -114, -115, -131, -132, -133, -151N, and -153N; A320 series; and
A321 series airplanes. This action revises the NPRM by adding new and
revised tasks and limitations that must be incorporated into the
existing maintenance or inspection program. The FAA is proposing this
AD to address the unsafe condition on these products. Since these
actions would impose an additional burden over those in the NPRM, the
FAA is reopening the comment period to allow the public the chance to
comment on these changes.

DATES: The FAA must receive comments on this proposed AD by May 8,
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1296; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For material that is proposed for IBR in this NPRM,
contact European Union Aviation Safety Agency (EASA), Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this material
on the EASA website at ad.easa.europa.eu. It is also available at
regulations.gov under Docket No. FAA-2022-1296.
     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>.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1296; Project Identifier
MCAI-2022-00628-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important

that you clearly designate the submitted comments as CBI. Please mark
each page of your submission containing CBI as ``PROPIN.'' The FAA will
treat such marked submissions as confidential under the FOIA, and they
will not be placed in the public docket of this NPRM. Submissions
containing CBI should be sent to Dan Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected]. Any commentary that the FAA receives that is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    The FAA issued AD 2020-20-05, Amendment 39-21261 (85 FR 65197,
October 15, 2020) (AD 2020-20-05), and AD 2022-09-16, Amendment 39-
22036 (87 FR 31943, May 26, 2022) (AD 2022-09-16) for certain Model
A318-111, -112, -121, and -122 airplanes; Model A319-111, -112, -113, -
114, -115, -131, -132, -133, -151N, and -153N airplanes; Model A320-
211, -212, -214, -216, -231, -232, -233, -251N, -252N, -253N, -271N, -
272N, and -273N airplanes; and Model -111, -112, -131, -211, -212, -
213, -231, -232, -251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -
271NX, -272N, and -272NX airplanes. AD 2020-20-05 and AD 2022-09-16
require revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA issued AD 2020-20-05 and AD 2022-09-16 to address
fatigue cracking, accidental damage, or corrosion in principal
structural elements, which could result in reduced structural integrity
of the airplane.
    The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD to
supersede AD 2020-20-05 and AD 2022-09-16 that would apply to certain
Airbus SAS Model A318-111, A318-112, A318-121, A318-122, A319-111,
A319-112, A319-113, A319-114, A319-115, A319-131, A319-132, A319-133,
A319-151N, A319-153N, A319-171N, A320-211, A320-212, A320-214, A320-
215, A320-216, A320-231, A320-232, A320-233, A320-251N, A320-252N,
A320-253N, A320-271N, A320-272N, A320-273N, A321-111, A321-112, A321-
131, A321-211, A321-212, A321-213, A321-231, A321-232, A321-251N, A321-
251NX, A321-252N, A321-252NX, A321-253N, A321-253NX, A321-271N, A321-
271NX, A321-272N, and A321-272NX airplanes. The NPRM published in the
Federal Register on October 20, 2022 (87 FR 63712) (the NPRM). The NPRM
was prompted by an MCAI originated by EASA, which is the Technical
Agent for the Member States of the European Union. EASA issued AD 2022-
0085, dated May 12, 2022 (EASA AD 2022-0085), to correct an unsafe
condition. The NPRM proposed to require the actions in AD 2022-09-16 in
addition to revising the existing maintenance or inspection program, as
applicable, to incorporate additional new or more restrictive
airworthiness limitations.

Actions Since the NPRM Was Issued

    Since the FAA issued the NPRM, EASA issued 2023-0008, dated January
16, 2023 (EASA AD 2023-0008), which affects EASA AD 2022-0085, dated
May 12, 2022. EASA AD 2023-0008 states that new and/or more restrictive
maintenance tasks have been published. EASA AD 2023-0008 applies to all
Airbus A318-111, A318-112, A318-121, A318-122, A319-111, A319-112,
A319-113, A319-114, A319-115, A319-131, A319-132, A319-133, A319-151N,
A319-153N, A319-171N, A320-211, A320-212, A320-214, A320-215, A320-216,
A320-231, A320-232, A320-233, A320-251N, A320-252N, A320-253N, A320-
271N, A320-272N, A320-273N, A321-111, A321-112, A321-131, A321-211,
A321-212, A321-213, A321-231, A321-232, A321-251N, A321-251NX, A321-
252N, A321-252NX, A321-253N, A321-253NX, A321-271N, A321-271NX, A321-
272N and A321-272NX airplanes. Model A320-215 airplanes are not
certificated by the FAA and are not included on the U.S. type
certificate data sheet; this proposed AD therefore does not include
those airplanes in the applicability. Airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued after November 10, 2022, must comply with the
airworthiness limitations specified as part of the approved type design
and referenced on the type certificate data sheet; this proposed AD
therefore does not include those airplanes in the applicability.
    The FAA is proposing this AD to address fatigue cracking,
accidental damage, or corrosion in principal structural elements, which
could result in reduced structural integrity of the airplane. You may
examine the MCAI in the AD docket at regulations.gov under Docket No.
FAA-2022-1296.

Comments

    The FAA received a comment from The Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
    The FAA received additional comments from two commenters, including
American Airlines and United Airlines. The following presents the
comments received on the NPRM and the FAA's response to each comment.

Request To Retain Provisions of AD 2020-20-05

    American Airlines supported the NPRM, but also asserted that the
proposed AD should have retained certain provisions of AD 2020-20-05.
    American Airlines noted that the NPRM proposed to supersede both AD
2020-20-05 and AD 2022-09-16, but restated only the requirements of AD
2022-09-16. American noted that the Reason section of EASA AD 2022-0085
states that it retains the requirements of both EASA AD 2020-0036R1,
dated June 24, 2020 (EASA AD 2020-0036R1) (which corresponds to FAA AD
2020-20-05) and EASA AD 2021-0140, dated June 14, 2021 (EASA AD 2021-
0140) (which corresponds to FAA AD 2022-09-16). American Airlines
stated that AD 2022-09-16 does not supersede but ``is an extension to''
AD 2020-20-05. American Airlines therefore requested that the proposed
AD be revised to retain the requirements of AD 2020-20-05, until the
new maintenance program revision required by paragraph (j) of the
proposed AD is implemented.
    Also, since the NPRM would have approved previous AMOCs for AD
2022-09-16 only, American Airlines recommended that the proposed AD
state that AMOCs previously approved for AD 2020-20-05 also continue to
be approved for this AD.
    The FAA agrees with the requests. AD 2022-09-16 stated, in
paragraph (j), that it terminates Task 531135-01-2, which is required,
in part, by paragraph (i) of AD 2020-20-05. Therefore, not all
requirements of AD 2020-20-05 were terminated by AD 2022-09-16. The FAA
has determined that it is necessary to retain the requirements of
paragraphs (i), (j), (k), and (l) of AD 2020-20-05, until the
maintenance program revision required by paragraph (i) of AD 2020-20-05
is terminated by accomplishment of the requirements of paragraph (j) of
this AD.
    Therefore, the FAA has revised the proposed AD by restating the
requirements of paragraphs (i), (j), (k), and (l) of AD 2020-20-05 in
paragraphs (g), (h), (i), and (j) of this AD, and redesignating
subsequent paragraphs accordingly. The FAA has also added paragraph
(r)(1)(iii) in this proposed AD to extend previous AMOC approval for
the requirements of paragraph (i) of AD 2020-20-05 that are retained in
paragraph (g) of this proposed AD.

Requests To Allow Alternative Methods of Compliance (AMOCs)

    United Airlines requested that the proposed AD allow production
concession, repair design approval sheet (RDAS), repair and design
approval form (RDAF), and Airbus statement of Airworthiness Compliance
(ASAC) as AMOCs if they include instructions for continued
airworthiness (ICAs) for repairs to airworthiness limitation (ALI)
areas as stated in Section 1, ``Introduction,'' of Airbus A318/A319/
A320/A321 ALS Part 2, Revision 09, dated February 7, 2022 (which is
referenced in EASA AD 2022-0085). The FAA does not agree that a change
to this proposed AD is necessary. The provision in paragraph (r)(2) of
this proposed AD addresses where service information specified in EASA
AD 2022-0085 and EASA 2023-0008 refers to obtaining instructions from a
manufacturer.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0085 and EASA AD 2023-0008. This
service information specifies new or more restrictive airworthiness
limitations for airplane structures and safe life limits. These
documents are distinct since one includes all damage tolerant
airworthiness limitations items and the other revises certain damage
tolerant airworthiness limitation items.
    This proposed AD would also require EASA AD 2021-0140, which the
Director of the Federal Register approved for incorporation by
reference as of June 30, 2022 (87 FR 31943, May 26, 2022).
    This proposed AD would also require EASA AD 2020-0036R1, which the
Director of the Federal Register approved for incorporation by
reference as of November 19, 2020 (85 FR 65197, October 15, 2020).
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
    Certain changes described above expand the scope of the NPRM. As a
result, it is necessary to reopen the comment period to provide
additional opportunity for the public to comment on this SNPRM.

Proposed AD Requirements in This NPRM

    This proposed AD would retain the requirements of AD 2020-20-05 and
AD 2022-09-16. This proposed AD would also expand the applicability and
require revising the existing maintenance or inspection program, as
applicable, to incorporate additional new or more restrictive
airworthiness limitations, which are specified in EASA AD 2022-0085 and
EASA AD 2023-0008 described previously, as proposed for incorporation
by reference. Any differences with EASA AD 2022-0085 and EASA AD 2023-
0008 are identified as exceptions in the regulatory text of this AD.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (r)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to retain the IBR of EASA AD 2020-0036R1 and EASA AD 2021-
0140 and incorporate EASA AD 2022-0085 and EASA AD 2023-0008 by
reference in the FAA final rule. This proposed AD would, therefore,
require compliance with EASA AD 2021-0140, EASA AD 2020-0036R1, EASA AD
2022-0085, and EASA AD 2023-0008 in their entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this proposed AD. Using common terms that are
the same as the heading of a particular section in EASA AD 2020-0036R1,
EASA AD 2021-0140, EASA AD 2022-0085, or EASA AD 2023-0008 does not
mean that operators need comply only with that section. For example,
where the AD requirement refers to ``all required actions and
compliance times,'' compliance with this AD requirement is not limited
to the section titled ``Required Action(s) and Compliance Time(s)'' in
EASA AD 2020-0036R1, EASA AD 2021-0140, EASA AD 2022-0085, or EASA AD
2023-0008. Service information required by EASA AD 2020-0036R1, EASA AD
2021-0140, EASA AD 2022-0085, and EASA AD 2023-0008 for compliance will
be available at regulations.gov by searching for and locating Docket
No. FAA-2022-1296 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOCs paragraph under ``Additional FAA Provisions.'' This new
format includes a ``New Provisions for Alternative Actions and
Intervals'' paragraph that does not specifically refer to AMOCs, but
operators may still request an AMOC to use an alternative action or
interval.

Costs of Compliance

    The FAA estimates that this proposed AD affects 1,864 airplanes of
U.S. registry. The FAA estimates the

following costs to comply with this proposed AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2020-20-05 and AD 2022-09-16 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 proposed
actions to be $7,650 (90 work-hours x $85 per work-hour).

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing AD 2020-20-05, Amendment 39-21261 (85 FR 65197, October 15,
2020); and AD 2022-09-16, Amendment 39-22036 (87 FR 31943, May 26,
2022); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2022-1296; Project Identifier MCAI-2022-
00628-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by May 8, 2023.

(b) Affected ADs

    This AD replaces AD 2020-20-05, Amendment 39-21261 (85 FR 65197,
October 15, 2020) (AD 2020-20-05); and AD 2022-09-16, Amendment 39-
22036 (87 FR 31943, May 26, 2022) (AD 2022-09-16).

(c) Applicability

    This AD applies to Airbus SAS airplanes specified in paragraphs
(c)(1) through (4) of this AD, certificated in any category, with an
original airworthiness certificate or original export certificate of
airworthiness issued on or before November 10, 2022.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking, accidental damage, or
corrosion in principal structural elements, which could result in
reduced structural integrity of the airplane.

(f) Compliance

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

(g) Retained Revision of the Existing Maintenance or Inspection
Program, With No Changes From AD 2020-20-05

    This paragraph restates the requirements of paragraph (i) of AD
2020-20-05, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before October 11, 2019: Except as
specified in paragraph (h) of this AD: Comply with all required
actions and compliance times specified in, and in accordance with,
European Union Aviation Safety Agency (EASA) AD 2020-0036R1, dated
June 24, 2020 (EASA AD 2020-0036R1). Accomplishing the maintenance
or inspection program revision required by paragraph (o) of this AD
terminates the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2020-0036R1, With No Changes

    This paragraph restates the requirements of paragraph (j) of AD
2020-20-05, with no changes.
    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0036R1 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0036R1 specifies revising
``the AMP'' within 12 months after its effective date, but this AD
requires revising the existing maintenance or inspection program, as
applicable, to incorporate the ``tasks and associated thresholds and
intervals'' specified in paragraph (3) of EASA AD 2020-0036R1 within
90 days after November 19, 2020 (the effective date of AD 2020-20-
05).
    (3) The initial compliance times for doing the tasks specified
in paragraph (3) of EASA AD 2020-0036R1 are at the applicable
``associated thresholds'' specified in paragraph (3) of EASA AD
2020-0036R1, or within 90 days after November 19, 2020 (the
effective date of AD 2020-20-05), whichever occurs later.
    (4) The provisions specified in paragraphs (4), (5), and (6) of
EASA AD 2020-0036R1 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0036R1 does not
apply to this AD.

(i) Retained Provisions for Alternative Actions or Intervals From AD
2020-20-05, With New Exception

    This paragraph restates the requirements of paragraph (k) of AD
2020-20-05, with new exception. Except as required by paragraphs (k)
and (o) of this AD, after the existing maintenance or inspection
program has been revised as required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or intervals are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2020-0036R1.

(j) Retained Credit for Original EASA AD, With No changes

    This paragraph restates the credit provided in paragraph (l) of
AD 2020-20-05, with no changes. This paragraph provides credit for
actions required by paragraph (g) of this AD, if those actions were
performed before November 19, 2020 (the effective date of AD 2020-
20-05) using EASA AD 2020-0036, dated February 26, 2020.

(k) Retained Revision of the Existing Maintenance or Inspection
Program, With No Changes From AD 2022-09-16

    This paragraph restates the requirements of paragraph (g) of AD
2022-09-16, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before November 10, 2020: Except as
specified in paragraph (l) of this AD, comply with all required
actions and compliance times specified in, and in accordance with,
EASA AD 2021-0140, dated June 14, 2021 (EASA AD 2021-0140).
Accomplishing the revision of the existing maintenance or inspection
program required by paragraph (o) of this AD terminates the
requirements of this paragraph.

(l) Retained Exceptions to EASA AD 2021-0140

    This paragraph restates the requirements of paragraph (h) of AD
2022-09-16, with no changes.
    (1) Where EASA AD 2021-0140 refers to its effective date, this
AD requires using June 30, 2022 (the effective date of AD 2022-09-
16).
    (2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0140 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0140 specifies revising ``the
approved [aircraft maintenance program] AMP'' within 12 months after
its effective date, but this AD requires revising the existing
maintenance or inspection program, as applicable, within 90 days
after June 30, 2022 (the effective date of AD 2022-09-16).
    (4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2021-0140 is at the applicable
``thresholds'' as incorporated by the requirements of paragraph (3)
of EASA AD 2021-0140, or within 90 days after June 30, 2022 (the
effective date of AD 2022-09-16), whichever occurs later.
    (5) The provisions specified in paragraph (4) of EASA AD 2021-
0140 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0140 does not apply
to this AD.

(m) Retained Provisions for Alternative Actions or Intervals From AD
2022-09-16, With New Exception

    This paragraph restates the requirements of paragraph (i) of AD
2022-09-16, with new exception. Except as required by paragraph (o)
of this AD, after the existing maintenance or inspection program has
been revised as required by paragraph (k) of this AD, no alternative
actions (e.g., inspections) or intervals are allowed unless they are
approved as specified in the provisions of the ``Ref. Publications''
section of EASA AD 2021-0140.

(n) Retained Terminating Action for Certain Requirements in AD 2020-20-
05, With Revised References

    This paragraph restates the terminating action specified in
paragraph (i) of AD 2022-09-16, with revised references.
Accomplishing the actions required by paragraph (k) of this AD,
including incorporating Task 531135-03-1 as required by EASA AD
2021-0140, terminates Task 531135-01-2, as required by EASA AD 2020-
0036R1 by the requirements in paragraph (g) of this AD.

(o) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (p) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2022-0085, dated May 12, 2022 (EASA AD
2022-0085) and EASA AD 2023-0008, dated January 16, 2023 (EASA AD
2023-0008). Where EASA AD 2023-0008 affects the same airworthiness
limitations as those in EASA AD 2022-0085, the airworthiness
limitations referenced in EASA AD 2023-0008 prevail. Accomplishing
the revision of the existing maintenance or inspection program
required by this paragraph terminates the requirements of paragraphs
(g) and (i) of this AD.

(p) Exceptions to EASA AD 2022-0085 and EASA AD 2023-0008

    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0085 and EASA AD 2023-0008 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2022-0085 and EASA AD 2023-0008
specifies revising ``the approved AMP'' within 12 months after its
effective date, but this AD requires revising the existing
maintenance or inspection program, as applicable, within 90 days
after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0085 and EASA AD 2023-0008 is at the
applicable ``thresholds'' as incorporated by the requirements of
paragraph (3) of EASA AD 2022-0085 and EASA AD 2023-0008,
respectively, or within 90 days after the effective date of this AD,
whichever occurs later. Where EASA AD 2023-0008 affects the same
airworthiness limitations as those in EASA AD 2022-0085, the
airworthiness limitations referenced in EASA AD 2023-0008 prevail.
    (4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2022-0085 and EASA AD 2023-0008 do not apply to this AD.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0085 and EASA AD 2023-0008.

(q) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (o) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2022-0085 or EASA AD 2023-0008, as
applicable.

(r) Additional FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (s) of this
AD. Information may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2022-09-16 are approved as
AMOCs for the corresponding provisions of EASA AD 2021-0140 that are
required by paragraph (i) of this AD.
    (iii) AMOCs approved previously for AD 2020-20-05 are approved
as AMOCs for the corresponding provisions of EASA AD 2020-0036R1
that are required by paragraph (g) of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.

(s) Related Information

    For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

(t) 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 this AD specifies otherwise.
    (3) The following service information was approved for IBR on
April 27, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0085,
dated May 12, 2022.
    (ii) European Union Aviation Safety Agency (EASA) AD 2023-0008,
dated January 16, 2023.
    (4) The following service information was approved for IBR on
June 30, 2022 (87 FR 31943, May 26, 2022).
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0140,
dated June 14, 2021.
    (ii) [Reserved]
    (5) The following service information was approved for IBR on
November 19, 2020 (85 FR 65197, October 15, 2020).

    (i) European Union Aviation Safety Agency (EASA) AD 2020-0036R1,
dated June 24, 2020.
    (ii) [Reserved]
    (6) For the EASA ADs identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find these EASA ADs on the EASA website at ad.easa.europa.eu.
    (7) 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>.
    (8) 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 protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 9, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-05330 Filed 3-22-23; 8:45 am]
BILLING CODE 4910-13-P