[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Proposed Rules]
[Pages 20295-20296]
[FR Doc No: 2017-08666]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0096; FRL-9961-55-Region 9]

Approval of California Air Plan Revisions, Eastern Kern Air
Pollution Control District and Imperial County Air Pollution Control
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Eastern Kern Air Pollution Control District
(EKAPCD) and Imperial County Air Pollution Control District (ICAPCD)
portions of the California State Implementation Plan (SIP). These
revisions were submitted by the California Air Resources Board (CARB)
in response to EPA's May 22, 2015 finding of substantial inadequacy and
SIP call for certain provisions in the SIP related to affirmative
defenses applicable to excess emissions during startup, shutdown, and
malfunction (SSM) events. EPA is proposing approval of the SIP
revisions because the Agency has determined that they are in accordance
with the requirements for SIP provisions under the Clean Air Act (CAA
or the Act).

DATES: Any comments must arrive by May 31, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0096 at https://www.regulations.gov, or via email to Andrew
Steckel, Rulemaking Office Chief at<EMAIL_ADDRESS>For
comments submitted at Regulations.gov, follow the online instructions
for submitting comments. Once submitted, comments cannot be removed or
edited from Regulations.gov. For either manner of submission, the EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX,
(415) 947-4125<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. What action is the EPA proposing today?
II. What is the background for the EPA's proposed action?
III. Why is the EPA proposing this action?
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. What action is the EPA proposing today?

    The EPA is proposing to approve revisions to the California SIP.
The revisions will remove from the EKAPCD and ICAPCD portions of the
California SIP provisions related to affirmative defenses that sources
could assert in the event of enforcement actions for violations of SIP
requirements during SSM events. Removal of the affirmative defense
provisions from the SIP will make the EKAPCD and ICAPCD portions of the
SIP consistent with CAA requirements with respect to this issue. EKAPCD
and ICAPCD are retaining the affirmative defenses solely for state law
purposes, outside of the EPA approved SIP. Removal of the affirmative
defenses from the SIP is also consistent with the EPA policy for
exclusion of ``state law only'' provisions from SIPs, and will serve to
minimize any potential confusion about the inapplicability of the
affirmative defense provisions in federal court enforcement actions.
Table 1 lists the rules addressed by this proposal with the dates on
which each rule was rescinded by the EKAPCD or ICAPCD and submitted by
CARB in response to EPA's final action entitled ``State Implementation
Plans: Response to Petition for Rulemaking; Restatement and Update of
EPA's SSM Policy Applicable to SIPs; Findings of Substantial
Inadequacy; and SIP Calls To Amend Provisions Applying to Excess
Emissions During Periods of Startup, Shutdown and Malfunction,'' 80 FR
33839 (June 12, 2015), hereafter referred to as the ``SSM SIP Action.''

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
            Local agency                 Rule #               Rule title             Rescinded       Submitted
----------------------------------------------------------------------------------------------------------------
EKAPCD.............................             111  Equipment Breakdown........        11/10/16        12/06/16
ICAPCD.............................             111  Equipment Breakdown........        09/22/15        03/28/16
----------------------------------------------------------------------------------------------------------------

    On January 12, 2017, the EPA determined that the submittal for
EKAPCD Rule 111 met the completeness criteria in 40 CFR part 51
Appendix V, and on September 28, 2016, the submittal for ICAPCD Rule
111 was deemed complete by operation of law under 40 CFR part 51
Appendix V. The completeness criteria must be met before formal EPA
review of the submittals for approvability in accordance with
applicable CAA requirements.

II. What is the background for the EPA's proposed action?

    On June 12, 2015, pursuant to CAA section 110(k)(5), the EPA
published the final SSM SIP Action finding that certain SIP provisions
in 36 states were substantially inadequate to meet CAA requirements and
called on those states to submit SIP revisions to address those
inadequacies. 80 FR 33839. As required by the CAA, the EPA established
a reasonable deadline (not to exceed 18 months) by which the affected
states must submit such SIP revisions. In accordance with the SSM SIP
Action, states were required to submit corrective revisions to their
SIPs by November 22, 2016. The EPA's reasoning, legal authority, and
responsibility under the CAA for issuing the SIP call to California can
be found in the SSM SIP Action.
    In the SSM SIP Action, the EPA determined that EKAPCD Rule 111 and
ICAPCD Rule 111 include elements of an affirmative defense for excess
emissions during malfunctions. Specifically, EKAPCD Rule 111 and ICAPCD
Rule 111 contain affirmative defense provisions that preclude
enforcement for excess emissions that would otherwise constitute a
violation of the applicable SIP emission limitations. The EPA concluded
that EKAPCD Rule 111 and ICAPCD Rule 111 operate to alter or affect the
jurisdiction of federal courts in the event of an enforcement action,
contrary to the enforcement structure of the CAA in section 113 and
section 304. See 80 FR 33972 (June 12, 2015).
    On March 28, 2016 and December 6, 2016, ICAPCD and EKAPCD,
respectively, made submittals in response to the SSM SIP Action. As
noted above, the EPA found these submittals complete on September 28,
2016 and January 12, 2017, respectively. In the submittals, EKAPCD and
ICAPCD requested that EPA revise the California SIP by removing EKAPCD
Rule 111 and ICAPCD Rule 111 in their entirety from the California SIP.
This approach is consistent with the EPA's interpretation of CAA
requirements for SIP provisions.

III. Why is the EPA proposing this action?

    In the SSM SIP Action, the EPA made a finding of substantial
inadequacy and issued a SIP call with respect to EKAPCD Rule 111 and
ICAPCD Rule 111 pursuant to CAA section 110(k)(5). In response, CARB
submitted SIP revisions requesting the EPA to remove EKAPCD Rule 111
and ICAPCD Rule 111 from the California SIP in their entirety.
Affirmative defense provisions like these are inconsistent with CAA
requirements and removal of these provisions would strengthen the SIP.
This action, if finalized, would remove the affirmative defense
provisions from the EKAPCD and ICAPCD portions of the EPA-approved SIP
for California. The EPA is proposing to find that these revisions are
consistent with CAA requirements and that they adequately address the
specific SIP deficiencies that the EPA identified in the SSM SIP Action
with respect to the EKAPCD and ICAPCD portions of the California SIP.

IV. Proposed Action

    The EPA is proposing to approve the California SIP revisions
removing EKAPCD Rule 111 and ICAPCD Rule 111 from the EKAPCD and ICAPCD
portions of the California SIP. The EPA is proposing approval of the
SIP revisions because the Agency has determined that they are in
accordance with the requirements for SIP provisions under the CAA. The
EPA is not reopening the SSM SIP Action in this action and is taking
comment only on whether this SIP revision is consistent with CAA
requirements and whether it addresses the ``substantial inadequacy'' of
the specific California SIP provisions identified in the SSM SIP
Action.

V. Statutory and Executive Order Reviews

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

In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

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

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

    Dated: March 29, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-08666 Filed 4-28-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 99 (Wednesday, May 22, 2019)]
[Notices]
[Pages 23564-23565]
[FR Doc No: 2019-10705]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2015-0836; FRL-9992-66-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Collection of Information on Anaerobic
Digestion Facilities Processing Wasted Food To Support EPA's
Sustainable Food Management Program (Revision)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Collection of Information on
Anaerobic Digestion Facilities Processing Wasted Food to support EPA's
Sustainable Food Management Program (EPA ICR Number 2533.02, OMB
Control Number 2050-0217) to the Office of Management and Budget (OMB)
for review and approval in accordance with the Paperwork Reduction Act.
This is a proposed revision of the ICR, which is currently approved
through December 31, 2019. Public comments were previously requested
via the Federal Register on October 3, 2018 during a 60-day comment
period. This notice allows for an additional 30 days for public
comments. A fuller description of the ICR is given below, including its
estimated burden and cost to the public. 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.

DATES: Additional comments may be submitted on or before June 21, 2019.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
RCRA-2015-0836, to (1) EPA online using www.regulations.gov (our
preferred method), or by mail to: EPA Docket Center, Environmental
Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave., NW,
Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Melissa Pennington, U.S. Environmental
Protection Agency, Region 3, Mail Code 3LC33, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: EPA's Sustainable Food Management (SFM) Program promotes
the sustainable management of food which is a systematic approach that
seeks to reduce wasted food and its associated impacts over its' entire
lifecycle. The lifecycle of food includes use of natural resources,
manufacturing, sales, and consumption and ends with decisions on
recovery or final disposal. Diversion of food waste from landfills is a
critical component of this effort. In order to effectively divert food
waste from landfills, sufficient capacity to process the diverted
materials is required. Knowledge of organics recycling capacity is
needed to facilitate food waste diversion and anaerobic digestion
facilities provide a significant amount of the needed capacity.
    EPA's food recovery hierarchy prioritizes potential actions to
prevent and divert wasted food. According to the hierarchy, processing
wasted food via anaerobic digestion is a more desirable option than
landfilling or incineration because it creates more benefits for the
environment, society and the economy. Anaerobic digestion of food waste
and other organic materials generates renewable energy, reduces methane
emissions to the atmosphere, and provides opportunities to improve soil
health through the production of soil amendments. The SFM program
supports these efforts by educating state and local governments and
communities about the benefits of wasted food diversion. The SFM
program also builds partnerships with state agencies and other
strategic partners interested in developing organics recycling capacity
and provides tools to assist organizations in developing anaerobic
digestion (AD) projects.
    The nationwide collection of data about AD facilities processing
food waste began in 2017 with a survey of all known AD facilities under
the currently approved Information Collection Request (ICR). EPA
published the first annual report of findings based on this data in
July 2018. EPA is renewing this ICR in order to continue to monitor
growth and evaluate trends in the capacity for processing of food waste
and the amount of food waste being processed via AD in the United
States.
    Data will be collected using electronic surveys that will be
distributed to respondents by email and will be available on EPA's AD
website. Participation in this data collection effort is voluntary.
Respondents are not required to reveal confidential business
information.
    Form Numbers: EPA Form 6700-03, EPA Form 6700-04, EPA Form 6700-05
    Respondents/affected entities: Project Developers, Project Owners
or Plant Operators, and Livestock Farmers.
    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: 254 (total).
    Frequency of response: Annually.
    Total estimated burden: 127 hours (per year). Burden is defined at
5 CFR 1320.03(b).
    Total estimated cost: $7,594 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in the Estimates: The overall burden has slightly decreased
from the original ICR. For this renewal, some questions have been
revised for clarity, numerous questions have been eliminated and a
series of questions have been streamlined. The time to complete the
survey will decrease for operating years 2017, 2018, 2019 and

2020 for Respondents that previously provided data.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2019-10705 Filed 5-21-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Notices]
[Pages 18574-18575]
[FR Doc No: 2020-06877]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2017-0127; FRL-10006-34]

Inventory of Mercury Supply, Use, and Trade in the United States
2020 Report; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is announcing the availability of the 2020 mercury
inventory report, which summarizes information on U.S. mercury supply,
use, and trade required to be reported by rule directly from mercury
manufacturers, importers, and processors. EPA was directed by Congress
in the Frank R. Lautenberg Chemical Safety for the 21st Century Act
(Lautenberg Act), which amended the Toxic Substances Control Act
(TSCA), to carry out and publish in the Federal Register not later than
April 1, 2017 and every three years thereafter, an inventory of mercury
supply, use, and trade in the United States. The Lautenberg Act defines
``mercury'' as ``elemental mercury'' or ``a mercury compound.''

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Thomas Groeneveld, National
Program Chemicals Division, Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    This action applies to the public in general and may be of interest
to a wide range of stakeholders including members of the public
interested in elemental mercury or mercury compounds generally. Other
topics of interest include the supply, use, or trade of elemental
mercury or mercury compounds, including mercury-added products and
manufacturing processes. As such, the Agency has not attempted to
describe all the specific entities that may be interested in this
action.

II. What is the agency's authority for this action?

    TSCA section 8(b)(10), 15 U.S.C. 2507(b)(10), as amended by the
Lautenberg Act of 2016, directs EPA to carry out and publish in the
Federal Register not later than April 1, 2017, and every three years
thereafter, an inventory of mercury supply, use, and trade in the
United States. TSCA section 8(b)(10)(A) defines ``mercury'' as
``elemental mercury'' or ``a mercury compound'' (15 U.S.C.
2507(b)(10)(A)). In carrying out the mercury inventory, EPA is to
``identify any manufacturing processes or products that intentionally
add mercury'' (15 U.S.C. 2607(b)(10)(C)(i)) and ``recommend actions,
including proposed revisions of Federal law or regulations, to achieve
further reductions in mercury use'' (15 U.S.C. 2607(b)(10)(C)(ii)).

III. What action is the agency taking?

    EPA is announcing the availability of a report entitled ``Inventory
of Mercury Supply, Use, and Trade in the United States: 2020 Report,''
which provides an inventory of mercury supply, use, and trade in the
United States. This is the first report in which the supply, use, and
trade of mercury is presented based on data collected by EPA under the
final rule Mercury; Reporting Requirements for the TSCA Mercury
Inventory, codified in 40 CFR part 713 (83 FR 30054, June 27,
2018)(FRL-9979-74). Persons subject to the reporting requirements in 40
CFR part 713 submitted information directly to EPA via the Mercury
Electronic Reporting (MER) application, which is accessed through the
Agency's Central Data Exchange (CDX). The deadline for reporting
mercury information to EPA was July 1, 2019 for reporting activities
that occurred in the calendar year 2018, and the inventory collection,
reporting, and publication cycle will continue every three years
thereafter.

IV. How can I access this report?

    The 2020 inventory report may be found in the docket for this
action and on the EPA Mercury website (https://www.epa.gov/mercury).
    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2017-0127, is available online at http://www.regulations.gov or in person at the Office of Pollution Prevention
and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

(Authority: 15 U.S.C. 2607(b)(10)(B))

    Dated: March 26, 2020.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2020-06877 Filed 4-1-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: November 29, 2010 (Volume 75, Number 228)]
[Notices]
[Page 73158-73159]
[DOCID:fr29no10-154]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0027]

Notice of Petition for Waiver of Compliance; Notice of Petition
for Statutory Exemption

    In accordance with 49 U.S.C. 21102(b), Cargill Incorporated (CI),
on behalf of its employees performing work governed by the hours of
service law (HSL) (49 U.S.C. Chapter 211) at its Channelview, TX,
facility, has petitioned the Federal Railroad Administration (FRA) for
an exemption from certain provisions of the HSL. Specifically, CI
requests an exemption from the requirements of 49 U.S.C. 21103(a)(1)
and 21103(a)(4) as it applies to employees at its Channelview facility.
In a separate petition, which CI requests that FRA consider in the
event that FRA

denies its exemption petition, CI seeks a waiver from the requirements
of 49 U.S.C. 21103(a)(1) as it applies to employees performing covered
service at its Channelview facility, for the purpose of conducting a
pilot project. Both petitions may be viewed at http://
www.regulations.gov under the docket number listed above.

CI's Petition for Statutory Exemption

    In its petition for statutory exemption, CI seeks an exemption from
the statutory requirement contained in 49 U.S.C. 21103(a)(1), limiting
train employees to a total of 276 on-duty hours per calendar month,
awaiting or in deadhead transportation from a duty assignment to a
place of final release, and in any other mandatory service for a
railroad carrier, and from 49 U.S.C. 21103(a)(4), which requires
railroads to provide train employees 48 hours of rest after an employee
has initiated an on-duty period on 6 consecutive days and 72 hours of
rest after an employee has initiated an on-duty period on 7 consecutive
days. In support of its exemption request, CI states that its
Channelview facility has 15 or fewer employees covered by the HSL and
that the facility is operated independently of other CI facilities. CI
further explains that its employees subject to the HSL spend the
majority of their on-duty time performing non-covered service (e.g.,
unloading grain from stationery railcars, general housekeeping duties
in accordance with the Occupational Safety and Health Administration's
combustible dust standards) and that covered service accounts for less
than 12 percent of covered employees' monthly hours worked. CI also
explains that with certain seasonal exceptions, employees at its
Channelview facility generally work in two shifts that rotate every 2
weeks; from 7 a.m.-3 p.m. and from 3 p.m.-11 p.m. (extended to 3 a.m.
if needed). CI asserts that the employees' current work schedules
ensure safe operations by providing the employees greater control over
rest periods and the scheduling of personal affairs and that the
statutory restrictions of 49 U.S.C. 21103(a)(1) and 21103(a)(4)
unnecessarily lower the earning potential of employees subject to the
HSL as compared to other workers at the facility.

CI's Petition for Waiver

    In its petition for waiver, in lieu of using a calendar month for
measuring the on-duty hours of an employee pursuant to 49 U.S.C.
21103(a)(1), CI proposes to implement a pilot program for establishing
an alternative calculation period for the 276-hour monthly limitation.
CI and its employees propose a pilot program that would divide a
``calendar month'' into two measuring periods or groups. The first
group would calculate its time toward the 276-hour monthly limitation
from the first day of each month to the last day of each month. The
second group would calculate its time toward the 276-hour monthly
limitation from the 15th day of a month to the 14th day of the
following month. By staggering the calculation of the 276-hour monthly
limitation, CI notes that the pilot program would ensure that not all
employees reach the monthly limitation at the same time.
    CI included with its petitions, documentation indicating that its
employees supported the request for relief. (49 U.S.C. 21103(a)(1) and
21103 (a)(4)). As previously stated, the requests for relief are
specially limited to CI's Channelview, TX, facility and, as such, the
other facilities of CI are not covered by the requests.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2010-0027) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC, on November 22, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-29826 Filed 11-26-10; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Notices]
[Pages 2319-2320]
[FR Doc No: 2019-01275]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0058]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from three individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before March 8, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0058 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2018-0058), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2018-0058, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2018-0058, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds such exemption would
likely achieve a level of safety that is equivalent to, or greater
than, the level that would be achieved absent such exemption. The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The three individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications
of each applicant to determine whether granting the exemption will
achieve the required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs
3, 4, and 5.]
---------------------------------------------------------------------------

    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

    The advisory criteria states the following:
    If an individual has had a sudden episode of a non-epileptic
seizure or loss of consciousness of unknown cause that did not require
anti-seizure medication, the decision whether that person's condition
is likely to cause the loss of consciousness or loss of ability to
control a CMV should be made on an individual basis by the Medical
Examiner in consultation with the treating physician. Before
certification is considered, it is suggested that a six-month waiting
period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then the driver
may be qualified.
    In those individual cases where a driver had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has recovered fully from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years, may be qualified to operate a
CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a five-
year period or more.
    As a result of Medical Examiners misinterpreting advisory criteria
as regulation, numerous drivers have been prohibited from operating a
CMV in interstate commerce based on the fact that they have had one or
more seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified Medical
Examiner based on the physical qualification standards and medical best
practices.
    On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders, (78 FR 3069), its decision to grant
requests from 22 individuals for exemptions from the regulatory
requirement that interstate CMV drivers have ``no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' Since the January 15, 2013 notice, the Agency has
published additional notices granting requests from individuals for
exemptions from the regulatory requirement regarding epilepsy found in
49 CFR 391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure
disorders prohibition in 49 CFR 391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (MEP) (78 FR 3069).

III. Qualifications of Applicants

Christopher M. Dowling

    Mr. Dowling is a 39-year-old class A CDL holder in Indiana. He has
a history of a seizure disorder and has been seizure free since 2006.
He takes anti-seizure medication with the dosage and frequency
remaining the same since April 2016. His physician states that he is
supportive of Mr. Dowling receiving an exemption.

Robert Drake

    Mr. Drake is a 46-year-old class D driver in Arizona. He has a
history of epilepsy and has been seizure free since 2010. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2007. His physician states that he is supportive of Mr.
Brown receiving an exemption.

Daniel H. Threatt

    Mr. Threatt is a 21-year-old class C driver in North Carolina. He
has a history of epilepsy and has been seizure free since 2009. His
anti-seizure medication was discontinued in 2010. His physician states
that he is supportive of Mr. Threatt receiving an exemption.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the dates
section of the notice.

    Issued on: January 30, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-01275 Filed 2-5-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: June 2, 2009 (Volume 74, Number 104)]
[Notices]
[Page 26458-26459]
[DOCID:fr02jn09-124]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0035]

Agency Information Collection Activities; New Information
Collection Request: Annual Commercial Motor Vehicle Driver Survey: Work
and Compensation

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for review
and approval. The purpose of this new information collection is to
acquire general information regarding the commercial motor vehicle
(CMV) driving population and specific information on driver work
history, work scheduling, and compensation. This information is needed
in many different types of analyses conducted by the FMCSA and would
benefit the agency in understanding the impacts of proposed rules and
the improvement of its safety programs. On December 12, 2008, FMCSA
published a Federal Register notice allowing for a 60-day comment
period on the ICR. One comment was received.

DATES: Please send your comments by July 2, 2009. OMB must receive your
comments by this date in order to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2008-0035. Interested persons are
invited to submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the attention
of the Desk Officer, Department of Transportation/Federal Motor Carrier
Safety Administration, and sent via electronic mail to oira_
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.

FOR FURTHER INFORMATION CONTACT: Dr. Mindy Shalaby, Economist, Analysis
Division, Office of Analysis, Research and Technology, Federal Motor
Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington,
DC 20590. Telephone:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Requests for additional information or copies of the information
collection instrument and instructions should be directed to Dr.
Michelle Yeh, Engineering Psychologist, Human Factors Division, Volpe
National Transportation Systems Center, 55 Broadway, Cambridge, MA
02124. Telephone:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Office
hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.

SUPPLEMENTARY INFORMATION:
    Title: Annual Commercial Motor Vehicle Driver Survey: Work and
Compensation.
    OMB Control Number: 2126-XXXX.
    Type of Request: New information collection request.
    Respondents: Commercial motor vehicle drivers.
    Estimated Number of Respondents: 576 commercial motor vehicle
drivers.
    Estimated Time per Response: 15 minutes per response.
    Expiration Date: N/A.
    Frequency of Response: Once.
    Estimated Total Annual Burden: 144 hours [576 respondents x 15
minutes/60 minutes per response = 144].
    Background: The Federal Motor Carrier Safety Administration seeks
to understand the commercial motor vehicle driving population. Driver-
related factors are an important consideration in CMV crashes, but
there is no comprehensive nationwide source of information describing
the population of drivers operating CMVs in the United States (U.S.).
Estimates of the number of commercial drivers and particular subsets of
drivers (e.g., local, short-haul, and long-haul) are needed and would
benefit FMCSA in assessing the impacts of proposed rules and
improvements needed in its safety programs. In particular, information
on driver work history, work schedule, and compensation is needed in
many different types of analyses conducted by FMCSA.
    Driver work history addresses how long a CMV driver has been
working in the industry, his/her level of experience, and his/her type
of experience. These items include questions regarding driver tenure
with his/her current employer and the number of past employers to
provide information regarding the driver turnover rate. The agency
would also collect information under these items about driver training
to understand how drivers learned to operate their CMVs and the amount
of training that is ongoing in the industry. The driver work schedule
item examines the issue of how much drivers work and the activities in
which they are engaged when they work (e.g., driving time, loading
time, waiting time). FMCSA is interested in understanding how drivers'
work schedules are tracked (e.g., with paper log books or Electronic
On-Board Recorders (EOBRs)). Finally, driver compensation collects
information on how much drivers earn and how they are paid (e.g.,
salary, by hour, or by mile). This data will allow FMCSA to estimate an
average wage rate, which can be used to understand the cost imposed on
drivers by current and proposed regulations.
    The goals of this survey are to acquire general demographic
information regarding the commercial motor vehicle driving population,
and specific information on driver work history, work scheduling, and
compensation. Data for this project would be collected via driver
interviews. The results of the information collection would be
summarized in a report developed for the FMCSA and made available to
the public.

    On December 12, 2008, the FMCSA published a Federal Register notice
on this same topic and provided 60 days for public comment (73 FR
75793). The Agency received one comment from the Owner-Operator
Independent Drivers Association, INC (OOIDA) in response to the notice.
OOIDA expressed support for the survey and provided several suggestions
on how the survey questions and methodology for collecting the data
could be improved. FMCSA will consider these suggestions during the
implementation of the survey.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the FMCSA to perform its functions; (2) the
accuracy of the estimated burden; (3) ways for the FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information.

    Issued on: May 26, 2009.
David C. Anewalt,
Acting Associate Administrator, Research and Information Technology.
[FR Doc. E9-12777 Filed 6-1-09; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Rules and Regulations]
[Pages 40934-40937]
[FR Doc No: 2021-16245]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0303; Project Identifier MCAI-2020-01367-T;
Amendment 39-21611; AD 2021-13-06]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. This AD requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, as specified in two
European Union Aviation Safety Agency (EASA) ADs, which are
incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective September 3, 2021.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 3,
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material 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 in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0303.

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-2021-
0303; 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: Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0211, dated October 5, 2020
(EASA AD 2020-0211); and EASA AD 2021-0026, dated January 20, 2021
(EASA AD 2021-0026); (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI) to correct an unsafe condition
for all Airbus SAS Model A350-941 and -1041 airplanes. EASA AD 2021-
0026 refers to Airbus A350 Airworthiness Limitations Section (ALS) Part
4, Variation 5.1, dated July 22, 2020. Airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued after July 22, 2020, must comply with the
airworthiness limitations specified as part of the approved type design
and referenced on the type certificate data sheet; this AD therefore
does not include those airplanes in the applicability.
    The FAA issued AD 2019-20-01, Amendment 39-19754 (84 FR 55495,
October 17, 2019) (AD 2019-20-01), to require, among other things,
repetitive greasing of certain thrust reverser actuators (TRAs). For
those TRAs identified as batch 02 in EASA AD 2018-0234R2, dated
September 17, 2019 (which is required by AD 2019-20-01), the repetitive
greasing task has since been incorporated into Airbus A350
Airworthiness Limitations Section (ALS), Part 4, Systems Equipment
Maintenance Requirements (SEMR), Revision 05 Issue 02, dated June 25,
2020, which is specified in EASA 2020-0211. Accomplishing the actions
in this AD would therefore terminate the repetitive greasing of batch
02 TRAs required by paragraph (g) of AD 2019-20-01.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A350-941 and -1041 airplanes. The NPRM published in the Federal
Register on April 16, 2021 (86 FR 20086). The NPRM was prompted by a
determination that new or more restrictive airworthiness limitations
are necessary. The NPRM proposed to require revising the existing
maintenance or inspection program, as specified in EASA AD 2020-0211
and EASA AD 2021-0026.
    The FAA is issuing this AD to address hazardous or catastrophic
airplane system failures. See the MCAI for additional background
information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA has considered the comment
received. The Air Line Pilots Association, International (ALPA) stated
its support for the NPRM.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for 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.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0211 and EASA AD 2021-0026 describe new or more
restrictive airworthiness limitations for airplane systems and safe
life limits. These documents are distinct because they apply to
different airplane configurations. 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 the
ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 15 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    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. Therefore, the agency estimates the average total cost per
operator 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

    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 adding the following new airworthiness
directive:

2021-13-06 Airbus SAS: Amendment 39-21611; Docket No. FAA-2021-0303;
Project Identifier MCAI-2020-01367-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 3,
2021.

(b) Affected ADs

    This AD affects AD 2019-20-01, Amendment 39-19754 (84 FR 55495,
October 17, 2019) (AD 2019-20-01).

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before July 22, 2020.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address hazardous or catastrophic airplane system
failures.

(f) Compliance

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

(g) Requirements

    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
2020-0211, dated October 5, 2020 (EASA AD 2020-0211); and EASA AD
2021-0026, dated January 20, 2021 (EASA AD 2021-0026). Where EASA AD
2021-0026 affects the same airworthiness limitations (tasks and life
limits) as those in EASA AD 2020-0211, the airworthiness limitations
referenced in EASA AD 2021-0026 prevail.

(h) Exceptions to EASA AD 2020-0211 and EASA AD 2021-0026

    (1) Where EASA AD 2020-0211 and EASA AD 2021-0026 refers to its
effective date, this AD requires using the effective date of this
AD.
    (2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0211 and EASA AD 2021-0026 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2020-0211 and EASA AD 2021-0026
specifies revising ``the approved AMP [aircraft maintenance
program]'' within 12 months after its effective date, but this AD
requires revising the existing maintenance or inspection program, as
applicable, to incorporate the ``limitations, tasks and associated
thresholds and intervals'' specified in paragraph (3) of EASA AD
2020-0211 and EASA AD 2021-0026 within 90 days after the effective
date of this AD.
    (4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2020-0211 and EASA AD 2021-0026 is at the
applicable ``thresholds'' as incorporated by the requirements of
paragraph (3) of EASA AD 2020-0211 and EASA AD 2021-0026, or within
90 days after the effective date of this AD, whichever occurs later.
    (5) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0211 do not apply to this AD.
    (6) The provisions specified in paragraph (4) of EASA AD 2021-
0026 do not apply to this AD.
    (7) The ``Remarks'' section of EASA AD 2020-0211 and EASA AD
2021-0026 does not apply to this AD.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) 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 2020-0211 or EASA AD 2021-0026.

(j) Terminating Action for Certain Requirements of AD 2019-20-01

    Accomplishing the actions required by this AD terminates the
repetitive greasing task for batch 02 group of affected thrust
reverser actuators required by paragraph (g) of AD 2019-20-01.

(k) Other 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 (l) of this
AD. Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (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.
    (3) Required for Compliance (RC): Except as required by
paragraph (k)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(l) Related Information

    For more information about this AD, contact Kathleen Arrigotti,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(m) 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.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0211,
dated October 5, 2020.

    (ii) European Union Aviation Safety Agency (EASA) AD 2021-0026,
dated January 20, 2021.
    (3) For EASA AD 2020-0211 and EASA AD 2021-0026, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email<EMAIL_ADDRESS>internet www.easa.europa.eu. You
may find these EASA ADs on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material 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>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2021-0303.
    (5) You may view this material 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 June 10, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-16245 Filed 7-29-21; 8:45 am]
BILLING CODE 4910-13-P