                        Analysis of Demographic Factors
                         For Populations Living Near
                       Gasoline Distribution Facilities

                                 Prepared by:

                             SC&A Incorporated

                         1414 Raleigh Road, Suite 450
                            Chapel Hill, NC  27517

                           GSA BPA No. 68HERD21A0003
                         Task Order No. 68HERH22F0003

                                 Prepared for:

                          Air Toxics Assessment Group
                   Health and Environmental Impacts Division
                 Office of Air Quality Planning and Standards
                     U.S. Environmental Protection Agency
                 Research Triangle Park, North Carolina 27711

                                 April 5, 2022
	Disclaimer

            Although the analysis described in this document has been funded wholly or in part by the United States Environmental Protection Agency under GSA contract 47QRAA20D002W / BPA 68HERD21A0003 to SC&A Incorporated, it has not been subject to the Agency's review and therefore does not necessarily reflect the views of the Agency, and no official endorsement should be inferred.
                                   Contents

1.	Introduction	1
2.	Census Data	2
3.	Calculation Methods	3
3.1	Race, Ethnicity and Age Categories	3
3.2	Level of Education	4
3.3	Poverty Level	4
3.4	Linguistic Isolation	5
3.5	Defaults	5
4.	Results	6
4.1	Results for Major Source Gasoline Distribution Facilities	6
4.2	Results for Area Source Gasoline Distribution Facilities	9
5.	Uncertainty Discussion	11
Appendix: Analyzed Facilities	12

 Introduction
	This document provides summary results and describes the approach used to evaluate the different socio-economic demographic groups within the populations living near Gasoline Distribution facilities in the United States (U.S.). The populations surrounding these facilities were analyzed as part of the National Emission Standards for Hazardous Air Pollutants: Gasoline Distribution Technology Review and Standards of Performance for Bulk Gasoline Terminals Review. The demographic analysis is for 117 major sources and 1,229 area sources identified by the U.S. Environmental Protection Agency (EPA) as facilities engaged in gasoline distribution as bulk gasoline terminals. The current analysis evaluates census blocks surrounding these facilities with census-based demographic data. This analysis presents the demographic composition of the population located within close proximity at 5 kilometers (km) and within 50 km of these major and area source Gasoline Distribution facilities, which are analyzed separately in this analysis. The following demographic groups were included in this analysis:

 Total population;
 White;
 Minority;
 African American (or Black);
 Native Americans;
 Other races and multiracial;
 Hispanic or Latino;
 Children 17 years of age and under;
 Adults 18 to 64 years of age;
 Adults 65 years of age and over;
 Adults 25 years of age and older without a high school diploma;
 People living below the poverty level; and
 Linguistically isolated people.

	The current analysis used the Proximity Tool to (1) identify all census blocks with centroids located within specified radii of the latitude/longitude location of each facility, and then (2) link each block with census-based demographic data. It should be noted that, if the centroid of a census block is located within the specified radius, the entire population of that census block is counted as within the radius. In addition to facility-specific demographics, the Proximity Tool also computes the demographic composition of the populations within the specified radii for all facilities as a whole (e.g., source category-wide). The source category-wide computation takes into account neighboring facilities with overlapping study areas and ensures populations in common are counted only once in this demographic analysis. Finally, this analysis compares these source category-wide demographics at each specified radius (i.e., 5 km, 50 km) to the demographic composition of the nationwide population.

	The census data used in this analysis is described in Section 2. The algorithms used to compute the population of each demographic category surrounding the facility are presented in Section 3. The summary results of this analysis are presented in Section 4. The Appendix points to a supplemental workbook of spreadsheets containing the detailed facility-specific results.
 Census Data
	The total population within a specified radius around each facility is the sum of the population for every census block within that radius, based on each block's population provided by the 2010 Decennial Census. For the demographic analysis, statistics on total population, race, ethnicity, age, education level, poverty status and linguistic isolation are obtained from the Census' American Community Survey (ACS) 5-year averages for 2015-2019. These data are provided at the block group level. A census block group contains about 28 blocks on average, or about 1,400 people. Table 1 summarizes the census data used in the analysis, showing the source of each dataset and the level of geographic resolution.
    Table 1.  Summary of Census Data used for Different Demographic Groups
Type of population category
Source of data
Level of geographic resolution
Total population (sum of block counts within radius)
2010 Census3 SF1
Census block
Total population (sum of block group counts, used for demographic percentages)
ACS4 Table B03002 (e1)
Census block group

Race/ethnicity categories (percentages):

 White (non-hispanic):
 Minority (non-white + hispanic)
 African American (non-hispanic):
 Native American (non-hispanic):
 Other & Mixed race (non-hispanic):
 Hispanic (all races):
ACS Table B03002, Hispanic or Latino Origin by Race (Tiger table X03):
 e3/e1
 (e1-e3)/e1
 e4/e1
 e5/e1
 (e6+e7+e8+e9)/e1
 e12/e1
Census block group
Age groups
ACS Table B01001, Sex by Age (Tiger table X01)
Census block group
Level of education  -  percentage of adults 25 years and older without a high school diploma
ACS Table B15002, Sex by Educational Attainment (Tiger table X15)
Census block group
Individuals living in households earning below the poverty level (percentage of individuals)
ACS Table C17002, Ratio of Income to Poverty Level (Tiger table X17): (e2+e3)/e1
Census block group
Individuals living in linguistically isolated households (percentage of households)
ACS Table C16002, Household Language by Household (Tiger table X16): (e4+e7+e10+e13)/e1
Census block group
      The statistics for total minorities, age groups, educational attainment, poverty, and linguistic isolation are consistent with the demographic statistics used in EPA's EJSCREEN tool for Environmental Justice analysis. We derive our demographic statistics from the ACS, which is the source of data for EJSCREEN's statistics. For the current analysis, however, we provide the impact on different racial and ethnic groups in more detail, as Table 1 illustrates.
 Calculation Methods
	The Proximity Tool uses the census block and census block group identification codes to link each block to the appropriate ACS block group demographic statistics. This allows us to estimate the number of people in different demographic categories for each census block in a specified radius around each facility. As noted in Section 2, demographic data is available at the census block group level. To estimate more detailed block level demographic percentages for the purposes of this analysis, the demographic characteristics of a given block group  -  that is, the percentage of people in different races/ethnicities, the percentage in different age groups, the percentage without a high school diploma, the percentage that are below the poverty level, and the percentage that are linguistically isolated  -  are presumed to also describe each census block located within that block group.

	For comparison, the nationwide demographic percentages are computed from the Census' ACS 5-year averages for 2015-2019 ("2019 ACS"). The denominator for these percentages uses the total nationwide population, which is likewise computed from the 2019 ACS and determined by summing the total population of all census block groups. We also provide the total population based on the 2010 Decennial Census for comparison, because the census block populations are based on 2010 Decennial Census data, as noted in Section 2.

	Sections 3.1 through 3.4 describe calculation methods for racial, ethnic, age, education status, poverty status, and linguistic isolation demographic categories. Section 3.5 describes the gap-filling approach used when block group statistics are not available for a given block, based on computing default averages for the missing demographic(s) at the tract or county level.
    Race, Ethnicity and Age Categories

	Table B03002 (Hispanic or Latino origin by race) of the ACS data provides race/ethnicity statistics for each census block group nationwide. Table B01001 provides age statistics for the population by ranges (in years) for each census block group nationwide. For each census block in this analysis, the race/ethnicity (White, African American, Native American, Multiracial/Other, and Hispanic or Latino) and age range (0-17, 18-64 and >=65 years) for that block is estimated based on the demographic information provided at the block group level, as follows:

		N(s,b/bg) =  N(t,b/bg) x P(s,bg) ∕ 100
where:

	N(s,b/bg) =	number of people in racial/ethnic or age subgroup "s", in block "b" of block group "bg"
	N(t,b/bg) =	total number of people in block "b" of block group "bg"
	P(s,bg) =	percentage of people in racial/ethnic or age subgroup "s", in a block group "bg"

The number of people in each racial/ethnic and age category is calculated using the above equation, summed over all blocks that fall within the specified radius of each facility.
    Level of Education

	Table B15002 (educational attainment) of the ACS provides education attainment statistics for each census block group nationwide. For each census block in this analysis, the number of people 25-years and older without a high school diploma is estimated based on the demographic information provided at the block group level, as follows:

		N(nhs,b/bg) =  N(t,b/bg) x P(nhs,bg) ∕ 100
where:

	N(nhs,b/bg) =	number of people 25-years and older without a high school diploma "nhs", in block "b" of block group "bg"
	N(t,b/bg) =	number of people 25-years and older in block "b" of block group "bg"
	P(nhs,bg) =	percentage of people 25-years and older without a high school diploma "nhs", in a block group "bg"

The number of people 25-years and older without a high school diploma is calculated using the above equation, summed over all blocks that fall within the specified radius of each facility.
3.3	Poverty Level

	Table C17002 (poverty) of the ACS estimates the numbers of individuals within a Census block group who live in households where the household income is below the poverty line, and below various multiples of the poverty line. For this analysis, we calculate the fraction of individuals living in households earning incomes below the poverty level. For each census block in this analysis, the block's household income level is estimated based on the demographic information provided at the block group level, as follows:

	N(hi,b/bg) =  N(t,b/bg) x P(hi,bg) ∕ 100

where "hi" indicates household income below the poverty level, and:

	N(hi,b/bg) = 	number of people living in households "hi" below the poverty level, in block "b" of block group "bg"
	N(t,b/bg) =	total number of people in block "b" of block group "bg"
	P(hi,bg) =	percentage of people living in households "hi" below the poverty level, among the population for which poverty status is known, in block group "bg"

The number of people living in households earning below the poverty level is calculated using the above equation, summed over all blocks that fall within the specified radius of each facility.
3.4	Linguistic Isolation

      Linguistic Isolation is defined by in the ACS as "a household in which all members age 14 years and over speak a non-English language and also speak English less than "very well" (have difficulty with English)." Table C16002 (Tiger table X16_language_spoken_at_home) of the ACS provides the number of households in linguistic isolation in each block group. For each census block in this analysis, the number of people living in linguistic isolation is estimated based on the demographic information provided at the block group level, as follows:

		N(li,b/bg) =  N(t,b/bg) x P(li,bg) ∕ 100
where:

	N(li,b/bg) =	number of people living in linguistic isolation "li", in block "b" of block group "bg"
	N(t,b/bg) =	total number of people in block "b" of block group "bg"
	P(li,bg) =	percentage of linguistically isolated households "li", in block group "bg"

The number of people living in linguistic isolation is calculated using the above equation, summed over all blocks that fall within the specified radius of each facility.
 	Defaults

      Block and block group designations used in the Census may be modified to accommodate population growth in some regions. As a result, certain blocks which are based on the last Decennial Census, may not map to the block group designations used in the latest 5-year ACS survey. In addition, some statistics may not be reported in the ACS for every block group. Race, ethnicity, and age statistics are generally reported for all block groups. However, poverty, linguistic isolation, and educational attainment statistics are not available for some block groups.

      In these cases, we compute default estimates for the missing demographic statistics based on the average statistics for the tract in which the block is located. If no tract-level data are available, demographic statistics are estimated based on the overall demography of the county in which the unmatched block is located. This gap-filling exercise is performed separately for each type of demographic data. That is, in the case where some categories of data are available (for instance, race, age and ethnicity) and others are not available (educational attainment, poverty, or linguistic isolation) we only compute defaults for the categories of data that are missing.

      The tract level defaults are computed using weighted averages based on all of the other block groups in the tract for which data are available. Defaults are calculated as follows for race, ethnicity, and age subgroups:

		P(s,T) =  { ∑ P(s,bg/T) x N(t,bg) } ∕ {∑ N(t,bg)}
where:

	P(s,T) =	percentage of people in race, ethnicity, or age subgroup "s", in tract "T"
	∑	refers to the summation over all block groups in tract "T" for which data are available
	P(s,bg/T) =	percentage of people in race, ethnicity, or age subgroup "s", in a block group "bg" of tract "T"
	N(t,bg) =	total number of people in block group "bg"

Defaults for educational attainment, poverty, and linguistic isolation are calculated in a similar fashion, except that the population weighting term N is replaced by the population over age 25, the population for which poverty status is known, and the number of households, respectively. County level defaults are also calculated in a similar way, except that data are summed over the county instead of the tract.

      Results
	The proximity results describing the demographics of the population surrounding the 117 major source Gasoline Distribution facilities are presented in Section 4.1. The proximity results describing the demographics of the population surrounding the 1,229 area source Gasoline Distribution facilities are presented in Section 4.2. Both sections summarize the demographics within 5 km and 50 km of the analyzed facilities.
4.1	Results for Major Source Gasoline Distribution Facilities

      Table 2 presents the demographic composition of the population located within a close proximity of 5 km and within 50 km of the 117 major source Gasoline Distribution facilities as a whole (source category). For context, Table 2 also provides the nationwide percentages of these various demographic groups. The detailed facility-specific results underpinning these source category-wide results are noted in the Appendix.

	The proximity results presented in Table 2 indicate that the population percentages for certain demographic groups within 5 km of the 117 Gasoline Distribution (major source) facility operations are greater than the corresponding nationwide percentages for those same demographics. The demographic percentage for populations residing within 5 km of facility operations is 19 percentage points greater than its corresponding nationwide percentage for the minority population (59% within 5 km to the facilities compared to 40% nationwide), 14 percentage points greater than its corresponding nationwide percentage for the Hispanic and Latino population (33% within 5 km to the facilities compared to 19% nationwide), 6 percentage points greater than its corresponding nationwide percentage for people 25 years of age and older without a high school diploma (18% within 5 km to the facilities compared to 12% nationwide), 4 percentage points greater than its corresponding nationwide percentage for people living in linguistic isolation (9% within 5 km to the facilities compared to 5% nationwide), 4 percentage points greater than its corresponding nationwide percentage for people living below the poverty line (17% within 5 km to the facilities compared to 13% nationwide), 3 percentage points greater than its corresponding nationwide percentage for the African American population (15% within 5 km to the facilities compared to 12% nationwide), 3 percentage points greater than its corresponding nationwide percentage for people 18 to 64 years of age (65% within 5 km to the facilities compared to 62% nationwide), and 2 percentage points greater than its corresponding nationwide percentage for the Other and Multiracial population (10% within 5 km to the facilities compared to 8% nationwide). The remaining demographic percentages within 5 km of facility operations are the same or less than the corresponding nationwide percentages.

      In addition, the proximity results presented in Table 2 indicate that the population percentages for certain demographic groups within 50 km of the 117 Gasoline Distribution (major source) facility operations are greater than the corresponding nationwide percentages for those same demographics. The demographic percentage for populations residing within 50 km of facility operations is 10 percentage points greater than its corresponding nationwide percentage for the minority population (50% within 50 km to the facilities compared to 40% nationwide), 5 percentage points greater than its corresponding nationwide percentage for the Hispanic and Latino population (24% within 50 km to the facilities compared to 19% nationwide), 3 percentage points greater than its corresponding nationwide percentage for people living in linguistic isolation (8% within 50 km to the facilities compared to 5% nationwide), 3 percentage points greater than its corresponding nationwide percentage for the African American population (15% within 50 km to the facilities compared to 12% nationwide), and 3 percentage points greater than its corresponding nationwide percentage for the Other and Multiracial population (11% within 5 km to the facilities compared to 8% nationwide). The remaining demographic percentages within 50 km of facility operations are within 1 percentage point greater than, the same, or less than the corresponding nationwide percentages.

Table 2.  Summary of Demographic Assessment for Major Source Gasoline Distribution Facilities: Proximity Statistics

                               Population Basis
                             Demographic Group[1]

                                     Total
                                  Minority[2]
                               African
American
                               Native
American
                             Other and
Multiracial
                             Hispanic
or Latino[3]
                                 Ages 0
to 17
                                Ages 18
to 64
                                Ages 65
and up
                         Over 25 Without a HS Diploma
                            Below the Poverty Level

                            Linguistic Isolation[4]
Nationwide Demographics    (2015-2019 ACS)
                                 328,016,242
                                      40%
                                      12%
                                     0.7%
                                      8%
                                      19%
                                      22%
                                      62%
                                      16%
                                      12%
                                      13%
                                      5%
Nationwide Block Counts
(2010 Decennial Census)[5]
                                  312,459,649

                                 Proximity[6]
                   Population Surrounding the 117 Facilities
                       Gasoline Distribution Facilities
                                (Major Sources)
                                     50 km
                                  114,588,509
                                      50%
                                      15%
                                     0.3%
                                      11%
                                      24%
                                      22%
                                      63%
                                      15%
                                      13%
                                      13%
                                      8%
                       Gasoline Distribution Facilities
                                (Major Sources)
                                     5 km
                                   5,884,976
                                      59%
                                      15%
                                     0.4%
                                      10%
                                      33%
                                      22%
                                      65%
                                      13%
                                      18%
                                      17%
                                      9%
Notes:
[1] The demographic percentages are based on the Census' 2015-2019 American Community Survey five-year averages, at the block group level, and include the 50 states, the District of Columbia, and Puerto Rico. Demographic percentages based on different averages may differ. The total population of each facility and of the entire run group are based on block level data from the 2010 Decennial Census. Populations by demographic group for each facility and for the run group are determined by multiplying each 2010 Decennial block population within the indicated radius by the ACS demographic percentages describing the block group containing each block, and then summing over the appropriate area (facility-specific or run group-wide).
[2] Minority population is the total population minus the white population.
3 To avoid double counting, the "Hispanic or Latino" category is treated as a distinct demographic category for these analyses. A person is identified as one of five racial/ethnic categories above: White, African American, Native American, Other and Multiracial, or Hispanic/Latino. A person who identifies as Hispanic or Latino is counted as Hispanic/Latino for this analysis, regardless of what race this person may have also identified as in the Census.
[4] The linguistically isolated population is estimated at the block group level by taking the product of the block group population and the fraction of linguistically isolated households in the block group, assuming that the number of individuals per household is the same for linguistically isolated households as for the general population, and summed over all block groups.
[5] The nationwide 2010 Decennial Census population of 312,459,649 is the summation of all Census block populations within the 50 states, the District of Columbia, and Puerto Rico. Block level population used by the Proximity Tool will be updated based on the 2020 Decennial Census, once processed and quality-assured for these analyses.
6 The population tally and demographic analysis of the total population surrounding all facilities as a whole takes into account neighboring facilities with overlapping study areas and ensures populations in common are counted only once.

4.2	Results for Area Source Gasoline Distribution Facilities

      Table 3 presents the demographic composition of the population located within a close proximity of 5 km and within 50 km of the 1,229 area source Gasoline Distribution facilities as a whole (source category). For context, Table 3 also provides the nationwide percentages of these various demographic groups. The detailed facility-specific results underpinning these source category-wide results are noted in the Appendix.

      The proximity results presented in Table 3 indicate that the population percentages for certain demographic groups within 5 km of the 1,229 Gasoline Distribution (area source) facility operations are greater than the corresponding nationwide percentages for those same demographics. The demographic percentage for populations residing within 5 km of facility operations is 14 percentage points greater than its corresponding nationwide percentage for the minority population (54% within 5 km to the facilities compared to 40% nationwide), 7 percentage points greater than its corresponding nationwide percentage for the Hispanic and Latino population (26% within 5 km to the facilities compared to 19% nationwide), 6 percentage points greater than its corresponding nationwide percentage for the African American population (18% within 5 km to the facilities compared to 12% nationwide), 5 percentage points greater than its corresponding nationwide percentage for people living below the poverty line (18% within 5 km to the facilities compared to 13% nationwide), 4 percentage points greater than its corresponding nationwide percentage for people 25 years of age and older without a high school diploma (16% within 5 km to the facilities compared to 12% nationwide), 4 percentage points greater than its corresponding nationwide percentage for people living in linguistic isolation (9% within 5 km to the facilities compared to 5% nationwide), 2 percentage points greater than its corresponding nationwide percentage for the Other and Multiracial population (10% within 5 km to the facilities compared to 8% nationwide), and 2 percentage points greater than its corresponding nationwide percentage for people 18 to 64 years of age (64% within 5 km to the facilities compared to 62% nationwide). The remaining demographic percentages within 5 km of facility operations are the same or less than the corresponding nationwide percentages.

      In addition, the proximity results presented in Table 3 indicate that the population percentage for one demographic group within 50 km of the 1,229 Gasoline Distribution (area source) facility operations is greater than the corresponding nationwide percentage. The demographic percentage for populations residing within 50 km of facility operations is 2 percentage points greater than its corresponding nationwide percentage for the minority population (42% within 50 km to the facilities compared to 40% nationwide). The remaining demographic percentages within 50 km of facility operations are within 1 percentage point greater than, the same, or less than the corresponding nationwide percentages.

Table 3.  Summary of Demographic Assessment for Area Source Gasoline Distribution Facilities: Proximity Statistics

                               Population Basis
                             Demographic Group[1]

                                     Total
                                  Minority[2]
                               African
American
                               Native
American
                             Other and
Multiracial
                             Hispanic
or Latino[3]
                                 Ages 0
to 17
                                Ages 18
to 64
                                Ages 65
and up
                         Over 25 Without a HS Diploma
                            Below the Poverty Level

                            Linguistic Isolation[4]
Nationwide Demographics    (2015-2019 ACS)
                                 328,016,242
                                      40%
                                      12%
                                     0.7%
                                      8%
                                      19%
                                      22%
                                      62%
                                      16%
                                      12%
                                      13%
                                      5%
Nationwide Block Counts
(2010 Decennial Census)[5]
                                  312,459,649

                                 Proximity[6]
                  Population Surrounding the 1,229 Facilities
                       Gasoline Distribution Facilities
                                (Area Sources)
                                     50 km
                                  252,008,837
                                      42%
                                      13%
                                     0.5%
                                      9%
                                      20%
                                      22%
                                      62%
                                      16%
                                      12%
                                      13%
                                      6%
                       Gasoline Distribution Facilities
                                (Area Sources)
                                     5 km
                                  35,679,430
                                      54%
                                      18%
                                     0.5%
                                      10%
                                      26%
                                      22%
                                      64%
                                      14%
                                      16%
                                      18%
                                      9%
Notes:
[1] The demographic percentages are based on the Census' 2015-2019 American Community Survey five-year averages, at the block group level, and include the 50 states, the District of Columbia, and Puerto Rico. Demographic percentages based on different averages may differ. The total population of each facility and of the entire run group are based on block level data from the 2010 Decennial Census. Populations by demographic group for each facility and for the run group are determined by multiplying each 2010 Decennial block population within the indicated radius by the ACS demographic percentages describing the block group containing each block, and then summing over the appropriate area (facility-specific or run group-wide).
[2] Minority population is the total population minus the white population.
3 To avoid double counting, the "Hispanic or Latino" category is treated as a distinct demographic category for these analyses. A person is identified as one of five racial/ethnic categories above: White, African American, Native American, Other and Multiracial, or Hispanic/Latino. A person who identifies as Hispanic or Latino is counted as Hispanic/Latino for this analysis, regardless of what race this person may have also identified as in the Census.
[4] The linguistically isolated population is estimated at the block group level by taking the product of the block group population and the fraction of linguistically isolated households in the block group, assuming that the number of individuals per household is the same for linguistically isolated households as for the general population, and summed over all block groups.
[5] The nationwide 2010 Decennial Census population of 312,459,649 is the summation of all Census block populations within the 50 states, the District of Columbia, and Puerto Rico. Block level population used by the Proximity Tool will be updated based on the 2020 Decennial Census, once processed and quality-assured for these analyses.
6 The population tally and demographic analysis of the total population surrounding all facilities as a whole takes into account neighboring facilities with overlapping study areas and ensures populations in common are counted only once.

 Uncertainty Discussion

	Our analysis of the distribution of population across various demographic groups is subject to the typical uncertainties associated with census data (e.g., errors in filling out and transcribing census forms), which are generally thought to be small, as well as the additional uncertainties associated with the extrapolation of census block group data down to the census block level.

	The methodology for our demographic analyses applies demographic data from the Census' American Community Survey (ACS). While this is our best attempt to provide useful information now, our thinking is continuously advancing. The EPA has developed technical guidance for environmental justice analyses. We present these analyses, with their associated uncertainties, to EPA decision makers and the public as additional analyses to inform Risk and Technology Review decisions.

Appendix: Analyzed Facilities

Two workbooks of spreadsheets containing the detailed facility-specific results underpinning the source category-wide results are provided in the files entitled "Gas Distribution Major Source Facility-Specific Demographic Results 4-5-2022" and "Gas Distribution Area Source Facility-Specific Demographic Results 4-5-2022". The size of the datasets covering these facilities at the 5 km and 50 km radii make the data more amenable to ExcelTM spreadsheets, than a WordTM document.


[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Notices]
[Pages 7893-7894]
[FR Doc No: 2019-03888]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER18-1652-003; ER10-1595-012; ER10-1598-012 ER10-
1616-012; ER10-1618-012; ER10-2960-010 ER15-356-011; ER15-357-011;
ER18-1821-004 ER18-2418-002.
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L.P., Chief Conemaugh Power, LLC, Chief Keystone Power, LLC, Crete
Energy Venture, LLC, Great River Hydro, LLC, Lincoln Generating
Facility, LLC, New Covert Generating Company, LLC, Rolling Hills
Generating, L.L.C., Walleye Power, LLC.
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    Docket Numbers: ER19-5-002.
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L.L.C.
    Description: Tariff Amendment: ComEd submits response to the
Commission's 1/28/19 deficiency notice in ER19-5 to be effective 10/1/
2018.
    Filed Date: 2/27/19.
    Accession Number: 20190227-5072.
    Comments Due: 5 p.m. ET 3/20/19.

    Docket Numbers: ER19-6-002.
    Applicants: Delmarva Power & Light Company, PJM Interconnection,
L.L.C.
    Description: Tariff Amendment: Delmarva submits its response to the
Commission's 1/28/19 Deficiency Letter to be effective 10/1/2018.
    Filed Date: 2/27/19.
    Accession Number: 20190227-5071.
    Comments Due: 5 p.m. ET 3/20/19.

    Docket Numbers: ER19-10-002.
    Applicants: Potomac Electric Power Company, PJM Interconnection,
L.L.C.
    Description: Tariff Amendment: PEPCO submits response to the
Commission's 1/28/19 deficiency notice in ER19-10 to be effective 10/1/
2018.
    Filed Date: 2/27/19.
    Accession Number: 20190227-5074.
    Comments Due: 5 p.m. ET 3/20/19.

    Docket Numbers: ER19-14-002.
    Applicants: Baltimore Gas and Electric Company, PJM
Interconnection, L.L.C.
    Description: Tariff Amendment: BGE submits response to the
Commission's 1/28/2019 deficiency notice in ER19-14 to be effective 10/
1/2018.
    Filed Date: 2/27/19.
    Accession Number: 20190227-5070.
    Comments Due: 5 p.m. ET 3/20/19.

    Docket Numbers: ER19-18-002.
    Applicants: Atlantic City Electric Company, PJM Interconnection,
L.L.C.
    Description: Tariff Amendment: ACE submits its response to the
Commission's 1/28/19 Deficiency Letter to be effective 10/1/2018.
    Filed Date: 2/27/19.
    Accession Number: 20190227-5064.
    Comments Due: 5 p.m. ET 3/20/19.

    Docket Numbers: ER19-605-002.
    Applicants: Republic Transmission, LLC.
    Description: Tariff Amendment: Republic Transmission, LLC
Deficiency Filing ER19-605 to be effective 2/26/2019.
    Filed Date: 2/26/19.
    Accession Number: 20190226-5163.
    Comments Due: 5 p.m. ET 3/19/19.

    Docket Numbers: ER19-1129-000.
    Applicants: Duquesne Light Company.
    Description: Application for Authorization for Abandoned Plant
Incentive Rate Treatment of Duquesne Light Company.
    Filed Date: 2/26/19.
    Accession Number: 20190226-5181.
    Comments Due: 5 p.m. ET 3/19/19.

    Docket Numbers: ER19-1130-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2019-02-27_SA 3166 Ameren
Illinois-Cardinal Point 1st Rev GIA (J456) to be effective 2/19/2019.
    Filed Date: 2/27/19.
    Accession Number: 20190227-5043.
    Comments Due: 5 p.m. ET 3/20/19.

    Docket Numbers: ER19-1131-000.
    Applicants: Kentucky Utilities Company.
    Description: Tariff Cancellation: Notice of Termination Departing
Municipals to be effective 4/30/2019.
    Filed Date: 2/27/19.
    Accession Number: 20190227-5052.
    Comments Due: 5 p.m. ET 3/20/19.

    Docket Numbers: ER19-1132-000.
    Applicants: NRG Cottonwood Tenant LLC.
    Description: Sec.  205(d) Rate Filing: Notice of Succession and
Revisions to Reactive Service Rate Schedule to be effective 2/4/2019.
    Filed Date: 2/27/19.
    Accession Number: 20190227-5054.
    Comments Due: 5 p.m. ET 3/20/19.

    Docket Numbers: ER19-1133-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA No. 5286,
Queue No. AC1-068 to be effective 1/28/2019.
    Filed Date: 2/27/19.
    Accession Number: 20190227-5056.
    Comments Due: 5 p.m. ET 3/20/19.

    Docket Numbers: ER19-1134-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA No. 5290;
Queue No. AC1-069 to be effective 1/28/2019.
    Filed Date: 2/27/19.
    Accession Number: 20190227-5075.
    Comments Due: 5 p.m. ET 3/20/19.

    Docket Numbers: ER19-1135-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Submission of Notice of Cancellation of Large
Generator Interconnection Agreement of Southwest Power Pool, Inc.
    Filed Date: 2/27/19.
    Accession Number: 20190227-5119.
    Comments Due: 5 p.m. ET 3/20/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 27, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-03888 Filed 3-4-19; 8:45 am]
 BILLING CODE 6717-01-P


(ii) Have a maximum passenger-seat configuration of 9 seats or
less, excluding each crewmember seat; and
    (iii) Have a maximum payload capacity of 7,500 pounds or less.
* * * * *
    Domestic operation means any scheduled operation conducted by any
person operating any aircraft described in paragraph (1) of this
definition at locations described in paragraph (2) of this definition:
    (1) Airplanes or powered-lift that:
    (i) Are turbojet-powered;
    (ii) Have a passenger-seat configuration of more than 9 passenger
seats, excluding each crewmember seat; or
    (iii) Have a payload capacity of more than 7,500 pounds.

    (2) Locations:
    (i) Between any points within the 48 contiguous States of the
United States or the District of Columbia; or
    (ii) Operations solely within the 48 contiguous States of the
United States or the District of Columbia; or
    (iii) Operations entirely within any State, territory, or
possession of the United States; or
    (iv) When specifically authorized by the Administrator, operations
between any point within the 48 contiguous States of the United States
or the District of Columbia and any specifically authorized point
located outside the 48 contiguous States of the United States or the
District of Columbia.
* * * * *
    Flag operation means any scheduled operation conducted by any
person operating any aircraft described in paragraph (1) of this
definition at locations described in paragraph (2) of this definition:
    (1) Airplanes or powered-lift that:
    (i) Are turbojet-powered;
    (ii) Have a passenger-seat configuration of more than 9 passenger
seats, excluding each crewmember seat; or
    (iii) Have a payload capacity of more than 7,500 pounds.
    (2) Locations:
    (i) Between any point within the State of Alaska or the State of
Hawaii or any territory or possession of the United States and any
point outside the State of Alaska or the State of Hawaii or any
territory or possession of the United States, respectively; or
    (ii) Between any point within the 48 contiguous States of the
United States or the District of Columbia and any point outside the 48
contiguous States of the United States and the District of Columbia; or
    (iii) Between any point outside the U.S. and another point outside
the U.S.
* * * * *
    On-demand operation means any operation for compensation or hire
that is one of the following:
    (1) Passenger-carrying operations conducted as a public charter
under part 380 of this chapter or any operations in which the departure
time, departure location, and arrival location are specifically
negotiated with the customer or the customer's representative that are
any of the following types of operations:
    (i) Common carriage operations conducted with airplanes or powered-
lift, including any that are turbojet-powered, having a passenger-seat
configuration of 30 seats or fewer, excluding each crewmember seat, and
a payload capacity of 7,500 pounds or less. The operations described in
this paragraph do not include operations using a specific airplane or
powered-lift that is also used in domestic or flag operations and that
is so listed in the operations specifications as required by Sec.
119.49(a)(4) of this chapter for those operations are considered
supplemental operations;
    (ii) Noncommon or private carriage operations conducted with
airplanes or powered-lift having a passenger-seat configuration of less
than 20 seats, excluding each crewmember seat, and a payload capacity
of less than 6,000 pounds; or
    (iii) Any rotorcraft operation.
    (2) Scheduled passenger-carrying operations conducted with one of
the following types of aircraft, other than turbojet-powered aircraft,
with a frequency of operations of less than five round trips per week
on at least one route between two or more points according to the
published flight schedules:
    (i) Airplanes or powered-lift having a maximum passenger-seat
configuration of 9 seats or less, excluding each crewmember seat, and a
maximum payload capacity of 7,500 pounds or less; or
    (ii) Rotorcraft.
    (3) All-cargo operations conducted with airplanes or powered-lift
having a payload capacity of 7,500 pounds or less, or with rotorcraft.
* * * * *
    Supplemental operation means any common carriage operation for
compensation or hire conducted with any aircraft described in paragraph
(1) of this definition that is a type of operation described in
paragraph (2) of this definition:
    (1) Airplanes or powered-lift that:
    (i) Have a passenger-seat configuration of more than 30 seats,
excluding each crewmember seat.
    (ii) Have a payload capacity of more than 7,500 pounds.
    (iii) Are propeller-powered and:
    (A) Have a passenger-seat configuration of more than 9 seats and
less than 31 seats, excluding each crewmember seat; and
    (B) Are used in domestic or flag operations but are so listed in
the operations specifications as required by Sec.  119.49(a)(4) of this
chapter for such operations.
    (iv) Are turbojet-powered and:
    (A) Have a passenger seat configuration of 1 or more but less than
31 seats, excluding each crewmember seat; and
    (B) Are used in domestic or flag operations and are so listed in
the operations specifications as required by Sec.  119.49(a)(4) of this
chapter for such operations.
    (2) Types of operation:
    (i) Operations for which the departure time, departure location,
and arrival location are specifically negotiated with the customer or
the customer's representative.
    (ii) All-cargo operations.
    (iii) Passenger-carrying public charter operations conducted under
part 380 of this chapter.
* * * * *

PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

0
7. The authority citation for part 119 is revised to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40101, 40102, 40103,
40113, 44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904,
44906, 44912, 44914, 44936, 44938, 46103, 46105; sec. 215, Pub. L.
111-216, 124 Stat. 2348.

0
8. Amend Sec.  119.1 by:
0
a. Revising paragraph (a)(2);
0
b. Adding paragraph (a)(3); and
0
c. Revising paragraphs (e) introductory text, (e)(2), (e)(4)(v),
(e)(5), (e)(7) introductory text, and (e)(7)(i), (iii), and (vii).
    The revisions and addition read as follows:

Sec.  119.1  Applicability.

    (a) * * *
    (2) When common carriage is not involved, in operations of any
U.S.-registered civil airplane or powered-lift with a seat
configuration of 20 or more passengers, or a maximum payload capacity
of 6,000 pounds or more; or
    (3) When noncommon carriage is involved, except as provided in
Sec.  91.501(b) of this chapter, or in private carriage for
compensation or hire, in operations of any U.S.-registered civil
airplane or powered-lift with a passenger-seat configuration of less
than 20 seats and a payload capacity of less than 6,000 pounds.
* * * * *
    (e) Except for operations when common carriage is not involved
conducted with any airplane or powered-lift having a passenger-seat
configuration of 20 seats or more, excluding any required crewmember
seat, or a payload capacity of 6,000 pounds or more, this part does not
apply to--
* * * * *
    (2) Nonstop Commercial Air Tours that occur in an airplane,
powered-lift, or rotorcraft having a standard

airworthiness certificate and passenger-seat configuration of 30 seats
or fewer and a maximum payload capacity of 7,500 pounds or less that
begin and end at the same airport, and are conducted within a 25-
statute mile radius of that airport, in compliance with the Letter of
Authorization issued under Sec.  91.147 of this chapter. For nonstop
Commercial Air Tours conducted in accordance with part 136, subpart B,
of this chapter, National Parks Air Tour Management, the requirements
of this part apply unless excepted in Sec.  136.37(g)(2). For Nonstop
Commercial Air Tours conducted in the vicinity of the Grand Canyon
National Park, Arizona, the requirements of SFAR 50-2, part 93, subpart
U, of the chapter and this part, as applicable, apply.
* * * * *
    (4) * * *
    (v) Powered-lift or rotorcraft operations in construction or repair
work (but part 119 of this chapter does apply to transportation to and
from the site of operations); and
* * * * *
    (5) Sightseeing flights conducted in hot air balloons or gliders;
* * * * *
    (7) Powered-lift or rotorcraft flights conducted within a 25
statute mile radius of the airport of takeoff if--
    (i) Not more than two passengers are carried in the aircraft in
addition to the required flightcrew;
* * * * *
    (iii) The aircraft used is certificated in the standard category
and complies with the 100-hour inspection requirements of part 91 of
this chapter;
* * * * *
    (vii) Cargo is not carried in or on the aircraft;
* * * * *

0
9. Amend Sec.  119.5 by revising paragraphs (b) and (c) to read as
follows:

Sec.  119.5  Certifications, authorizations, and prohibitions.

* * * * *
    (b) A person not authorized to conduct direct air carrier
operations, but authorized by the Administrator to conduct operations
as a U.S. commercial operator, will be issued an Operating Certificate.
    (c) A person not authorized to conduct direct air carrier
operations, but authorized by the Administrator to conduct operations
when common carriage is not involved as an operator of any U.S.-
registered civil airplane or powered-lift with a seat configuration of
20 or more passengers, or a maximum payload capacity of 6,000 pounds or
more, will be issued an Operating Certificate.
* * * * *

0
10. Amend Sec.  119.21 by revising paragraph (a) introductory text to
read as follows:

Sec.  119.21  Commercial operators engaged in intrastate common
carriage and direct air carriers.

    (a) Each person who conducts airplane or powered-lift operations as
a commercial operator engaged in intrastate common carriage of persons
or property for compensation or hire in air commerce, or as a direct
air carrier, shall comply with the certification and operations
specifications requirements in subpart C of this part, and shall
conduct its:
* * * * *

0
11. Amend Sec.  119.23 by revising the section heading, paragraphs (a)
introductory text, (a)(2), and (b) introductory text to read as
follows:

Sec.  119.23  Operators engaged in passenger-carrying operations, cargo
operations, or both with airplanes or powered-lift when common carriage
is not involved.

    (a) Each person who conducts operations when common carriage is not
involved with any airplane or powered-lift having a passenger-seat
configuration of 20 seats or more, excluding each crewmember seat, or a
payload capacity of 6,000 pounds or more, must, unless deviation
authority is issued--
* * * * *
    (2) Conduct its operations in accordance with the requirements of
part 125 of this chapter; and
* * * * *
    (b) Each person who conducts noncommon carriage (except as provided
in Sec.  91.501(b) of this chapter) or private carriage operations for
compensation or hire with any airplane or powered-lift having a
passenger-seat configuration of less than 20 seats, excluding each
crewmember seat, and a payload capacity of less than 6,000 pounds,
must--
* * * * *

0
12. Amend Sec.  119.49 by revising paragraphs (a)(12), (b)(12), and
(c)(11) to read as follows:

Sec.  119.49  Contents of operations specifications.

    (a) * * *
    (12) Any authorized deviation or exemption from any requirement of
this chapter that applies to the certificate holder.
* * * * *
    (b) * * *
    (12) Any authorized deviation or exemption from any requirement of
this chapter that applies to the certificate holder.
* * * * *
    (c) * * *
    (11) Any authorized deviation or exemption from any requirement of
this chapter that applies to the certificate holder.
* * * * *

0
13. Amend Sec.  119.65 by revising paragraphs (a)(3) and (b)(2) to read
as follows:

Sec.  119.65  Management personnel required for operations conducted
under part 121 of this chapter.

    (a) * * *
    (3) Chief Pilot for each category of aircraft the certificate
holder uses, as listed in Sec.  61.5(b)(1) of this chapter.
* * * * *
    (b) * * *
    (2) The number and type of aircraft used; and
* * * * *

0
14. Revise Sec.  119.67 to read as follows:

Sec.  119.67  Management personnel: Qualifications for operations
conducted under part 121 of this chapter.

    (a) Director of Operations. To serve as Director of Operations
under Sec.  119.65(a), a person must hold an airline transport pilot
certificate and--
    (1) If the certificate holder uses large aircraft, at least 3 years
of supervisory or managerial experience within the last 6 years in
large aircraft, in a position that exercised operational control over
any operations conducted under part 121 or 135 of this chapter.
    (2) If the certificate holder uses large aircraft, at least 3 years
of experience as pilot in command under part 121 or 135 of this chapter
in large aircraft in at least one of the categories of aircraft the
certificate holder uses, as listed in Sec.  61.5(b)(1) of this chapter.
In the case of a person becoming Director of Operations for the first
time, he or she must have accumulated this experience as pilot in
command within the past 6 years.
    (3) If the certificate holder uses only small aircraft in its
operations, the experience required in paragraphs (a)(1) and (2) of
this section may be obtained in either large or small aircraft.
    (b) Chief Pilot. To serve as Chief Pilot under Sec.  119.65(a), a
person must:
    (1) Hold an airline transport pilot certificate with appropriate
ratings in the category of aircraft that the certificate holder uses in
its operations under part 121 of this chapter and over which the Chief
Pilot exercises responsibility; and

    (2) Have at least 3 years of experience as pilot in command in the
same category of aircraft that the certificate holder uses, as listed
in Sec.  61.5(b) of this chapter. The experience as pilot in command
described in this paragraph (b)(2) must:
    (i) Have occurred within the past 6 years, in the case of a person
becoming a Chief Pilot for the first time.
    (ii) Have occurred in large aircraft operated under part 121 or 135
of this chapter. If the certificate holder uses only small aircraft in
its operation, this experience may be obtained in either large or small
aircraft.
    (iii) Be in the same category of aircraft over which the Chief
Pilot exercises responsibility.
    (c) Director of Maintenance. To serve as Director of Maintenance
under Sec.  119.65(a), a person must:
    (1) Hold a mechanic certificate with airframe and powerplant
ratings;
    (2) Have 1 year of experience in a position responsible for
returning aircraft to service;
    (3) Have at least 1 year of experience in a supervisory capacity
under either paragraph (c)(4)(i) or (ii) of this section maintaining
the same category and class of aircraft as the certificate holder uses;
and
    (4) Have 3 years of experience within the past 6 years in one or a
combination of the following--
    (i) Maintaining large aircraft with 10 or more passenger seats,
including, at the time of appointment as Director of Maintenance,
experience in maintaining the same category and class of aircraft as
the certificate holder uses; or
    (ii) Repairing aircraft in a certificated airframe repair station
that is rated to maintain aircraft in the same category and class of
aircraft as the certificate holder uses.
    (d) Chief Inspector. To serve as Chief Inspector under Sec.
119.65(a), a person must:
    (1) Hold a mechanic certificate with both airframe and powerplant
ratings, and have held these ratings for at least 3 years;
    (2) Have at least 3 years of maintenance experience on different
types of large aircraft with 10 or more passenger seats with an air
carrier or certificated repair station, 1 year of which must have been
as maintenance inspector; and
    (3) Have at least 1 year of experience in a supervisory capacity
maintaining the same category and class of aircraft as the certificate
holder uses.
    (e) Deviation. A certificate holder may request a deviation to
employ a person who does not meet the appropriate airman experience,
managerial experience, or supervisory experience requirements of this
section if the Manager of the Air Transportation Division or the
Manager of the Aircraft Maintenance Division, as appropriate, finds
that the person has comparable experience and can effectively perform
the functions associated with the position in accordance with the
requirements of this chapter and the procedures outlined in the
certificate holder's manual. Deviations under this paragraph (e) may be
issued after consideration of the size and scope of the operation and
the qualifications of the intended personnel. The Administrator may, at
any time, terminate any grant of deviation authority issued under this
paragraph (e).

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS

0
15. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 41706,
42301 preceding note added by Pub. L. 112-95, sec. 412, 126 Stat.
89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717,
44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49
U.S.C. 44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732
note); Pub. L. 115-254, 132 Stat. 3186 (49 U.S.C. 44701 note).

0
16. Amend Sec.  121.1 by revising paragraphs (c) and (g) to read as
follows:

Sec.  121.1  Applicability.

* * * * *
    (c) Each person who applies for provisional approval of an Advanced
Qualification Program curriculum, curriculum segment, or portion of a
curriculum segment under subpart Y of this part, and each person
employed or used by an air carrier or commercial operator under this
part to perform training, qualification, or evaluation functions under
an Advanced Qualification Program under subpart Y of this part.
* * * * *
    (g) This part also establishes requirements for operators to take
actions to support the continued airworthiness of each aircraft.

Sec.  121.470  [Amended]

0
18. Amend Sec.  121.470 in paragraphs (a) and (b) by removing the word
``airplanes'' and adding in its place the word ``aircraft''.

Sec.  121.480  [Amended]

0
19. Amend Sec.  121.480 in paragraph (a) by removing the word
``airplanes'' and adding in its place the word ``aircraft''.

Sec.  121.500  [Amended]

0
20. Amend Sec.  121.500 in paragraph (a) by removing the word
``airplanes'' and adding in its place the word ``aircraft''.

PART 125--CERTIFICATION AND OPERATIONS: AIRCRAFT HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH
AIRCRAFT

0
21. The authority citation for part 125 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44705,
44710-44711, 44713, 44716-44717, 44722.

0
22. The heading for part 125 is revised to read as set forth above.

0
23. Amend Sec.  125.1 by revising paragraphs (a), (b) introductory
text, (b)(4), (c), and (e) to read as follows:

Sec.  125.1  Applicability.

    (a) Except as provided in paragraphs (b) through (d) of this
section, this part prescribes rules governing the operations of U.S.-
registered civil airplanes and powered-lift, when those aircraft have a
seating configuration of 20 or more passengers or a maximum payload
capacity of 6,000 pounds or more when common carriage is not involved.
    (b) The rules of this part do not apply to the operations of
aircraft specified in paragraph (a) of this section, when--
* * * * *
    (4) They are being operated under part 91 of this chapter by an
operator certificated to operate those aircraft under the rules of part
121, 135, or 137 of this chapter, they are being operated under the
applicable rules of part 121 or 135 of this chapter by an applicant for
a certificate under part 119 of this chapter or they are being operated
by a foreign air carrier or a foreign person engaged in common carriage
solely outside the United States under part 91 of this chapter;
* * * * *
    (c) This part, except Sec.  125.247, does not apply to the
operation of aircraft specified in paragraph (a) of this section when
they are operated outside the United States by a person who is not a
citizen of the United States.
* * * * *
    (e) This part also establishes requirements for operators to take
actions to support the continued airworthiness of each aircraft.

0
24. Amend Sec.  125.23 by revising the introductory text to read as
follows:

Sec.  125.23  Rules applicable to operations subject to this part.

    Each person operating an aircraft in operations under this part
shall--
* * * * *

PART 136--COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR
MANAGEMENT

0
25. The authority citation for part 136 is revised to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 40119, 44101,
44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901,
44903-44904, 44912, 46105.

0
26. Amend Sec.  136.1:
0
a. By revising paragraphs (a), (b) introductory text, and (c); and
0
b. In paragraph (d):
0
i. In the definition of ``Commercial Air Tour'':
0
A. By removing ``Commercial Air Tour'' and adding ``Commercial air
tour'' in its place;
0
B. By revising the introductory text; and
0
C. By redesignating paragraphs (1) through (8) as paragraphs (i)
through (viii);
0
ii. By removing the definition of ``Suitable landing area for
helicopters''; and
0
iii. By adding a definition for ``Suitable landing area for
rotorcraft'' in alphabetical order.
    The revisions and addition read as follows:

Sec.  136.1  Applicability and definitions.

    (a) This subpart applies to each person operating or intending to
operate a commercial air tour in an airplane, powered-lift, or
rotorcraft and, when applicable, to all occupants of those aircraft
engaged in a commercial air tour. When any requirement of this subpart
is more stringent than any other requirement of this chapter, the
person operating the commercial air tour must comply with the
requirement in this subpart.
    (b) This subpart applies to:
* * * * *
    (c) This subpart does not apply to operations conducted in
balloons, gliders (powered and un-powered), parachutes (powered and un-
powered), gyroplanes, or airships.
    (d) * * *
    Commercial air tour means a flight conducted for compensation or
hire in an airplane, powered-lift, or rotorcraft where a purpose of the
flight is sightseeing. The FAA may consider the following factors in
determining whether a flight is a commercial air tour for purposes of
this subpart:
* * * * *
    Suitable landing area for rotorcraft means an area that provides
the operator reasonable capability to land in an emergency without
causing serious injury to persons. These suitable landing areas must be
site specific, designated by the operator, and accepted by the FAA.
* * * * *

0
27. Revise Sec.  136.3 to read as follows:

Sec.  136.3  Letters of Authorization.

    Operators subject to this subpart who have Letters of Authorization
may use the procedures described in Sec.  119.51 of this chapter to
amend or have the FAA reconsider those Letters of Authorization.

0
28. Revise Sec.  136.5 to read as follows:

Sec.  136.5  Additional requirements for Hawaii.

    Any operator subject to this subpart who meets the criteria of
Sec.  136.71 must comply with the additional requirements and
restrictions in subpart D of this part.

0
29. Amend Sec.  136.9 by revising the section heading and paragraphs
(b)(1) through (3) to read as follows:

Sec.  136.9  Life preservers for operations over water.

* * * * *
    (b) * * *
    (1) The aircraft is equipped with floats;
    (2) The airplane is within power-off gliding distance to the
shoreline for the duration of the time that the flight is over water;
or
    (3) The aircraft is a multiengine that can be operated with the
critical engine inoperative at a weight that will allow it to climb, at
least 50 feet a minute, at an altitude of 1,000 feet above the surface,
as provided in the approved aircraft flight manual for that aircraft.
* * * * *

0
30. Revise Sec.  136.11 to read as follows:

Sec.  136.11  Rotorcraft floats for over water.

    (a) A rotorcraft used in commercial air tours over water beyond the
shoreline must be equipped with fixed floats or an inflatable flotation
system adequate to accomplish a safe emergency ditching, if--
    (1) It is a single-engine rotorcraft; or
    (2) It is a multi-engine rotorcraft that cannot be operated with
the critical engine inoperative at a weight that will allow it to
climb, at least 50 feet a minute, at an altitude of 1,000 feet above
the surface, as provided in the approved aircraft flight manual for
that aircraft.
    (b) Each rotorcraft that is required to be equipped with an
inflatable flotation system under this section must have:
    (1) The activation switch for the flotation system on one of the
primary flight controls; and
    (2) The flotation system armed when the rotorcraft is over water
beyond the shoreline and is flying at a speed that does not exceed the
maximum speed prescribed in the approved aircraft flight manual for
flying with the flotation system armed.
    (c) Neither fixed floats nor an inflatable flotation system is
required for a rotorcraft under this section when that rotorcraft is:
    (1) Over water only during the takeoff or landing portion of the
flight; or
    (2) Operated within power-off gliding distance to the shoreline for
the duration of the flight and each occupant is wearing a life
preserver from before takeoff until the aircraft is no longer over
water.

0
31. Revise Sec.  136.13 to read as follows:

Sec.  136.13  Performance plan.

    (a) Each operator that uses a rotorcraft must complete a
performance plan before each commercial air tour or flight operated
under Sec.  91.146 or Sec.  91.147 of this chapter. The pilot in
command must review for accuracy and comply with the performance plan
on the day the flight occurs. The performance plan must be based on
information in the approved aircraft flight manual for that aircraft
taking into consideration the maximum density altitude for which the
operation is planned, in order to determine:
    (1) Maximum gross weight and center of gravity (CG) limitations for
hovering in ground effect;
    (2) Maximum gross weight and CG limitations for hovering out of
ground effect; and
    (3) Maximum combination of weight, altitude, and temperature for
which height/velocity information in the approved aircraft flight
manual is valid.
    (b) Except for the approach to and transition from a hover for the
purpose of takeoff and landing, or during takeoff and landing, the
pilot in command must make a reasonable plan to operate the rotorcraft
outside of the caution/warning/avoid area of the limiting height/
velocity diagram.
    (c) Except for the approach to and transition from a hover for the
purpose of takeoff and landing, during takeoff and landing, or when
necessary for safety of flight, the pilot in command must operate the
rotorcraft in compliance with the plan described in paragraph (b) of
this section.

Appendix A to Part 136--[Removed]

0
32. Remove appendix A to part 136.

0
33. Add subpart D to part 136 to read as follows:
Subpart D--Special Operating Rules for Air Tour Operators in the State
of Hawaii
Sec.
136.71 Applicability.
136.73 Definitions.
136.75 Equipment and requirements.

Subpart D--Special Operating Rules for Air Tour Operators in the
State of Hawaii

Sec.  136.71  Applicability.

    (a) Except as provided in paragraph (b) of this section, this
subpart prescribes operating rules for air tour flights conducted in
airplanes, powered-lift, or rotorcraft under visual flight rules in the
State of Hawaii pursuant to parts 91, 121, and 135 of this chapter.
    (b) This subpart does not apply to:
    (1) Operations conducted under part 121 of this chapter in
airplanes with a passenger seating configuration of more than 30 seats
or a payload capacity of more than 7,500 pounds.
    (2) Flights conducted in gliders or hot air balloons.

Sec.  136.73  Definitions.

    For the purposes of this subpart:
    Air tour means any sightseeing flight conducted under visual flight
rules in an airplane, powered-lift, or rotorcraft for compensation or
hire.
    Air tour operator means any person who conducts an air tour.

Sec.  136.75  Equipment and requirements.

    (a) Flotation equipment. No person may conduct an air tour in
Hawaii in a rotorcraft beyond the shore of any island, regardless of
whether the rotorcraft is within gliding distance of the shore, unless:
    (1) The rotorcraft is amphibious or is equipped with floats
adequate to accomplish a safe emergency ditching and approved flotation
gear is easily accessible for each occupant; or
    (2) Each person on board the rotorcraft is wearing approved
flotation gear.
    (b) Performance plan. Each operator must complete a performance
plan that meets the requirements of this paragraph (b) before each air
tour flight conducted in a rotorcraft.
    (1) The performance plan must be based on information from the
current approved aircraft flight manual for that aircraft, considering
the maximum density altitude for which the operation is planned to
determine the following:
    (i) Maximum gross weight and center of gravity (CG) limitations for
hovering in ground effect;
    (ii) Maximum gross weight and CG limitations for hovering out of
ground effect; and
    (iii) Maximum combination of weight, altitude, and temperature for
which height-velocity information from the performance data is valid.
    (2) The pilot in command (PIC) must comply with the performance
plan.
    (c) Operating limitations. Except for approach to and transition
from a hover, and except for the purpose of takeoff and landing, the
PIC of a rotorcraft may only operate such aircraft at a combination of
height and forward speed (including hover) that would permit a safe
landing in event of engine power loss, in accordance with the height-
speed envelope for that rotorcraft under current weight and aircraft
altitude.
    (d) Minimum flight altitudes. Except when necessary for takeoff and
landing, or operating in compliance with an air traffic control
clearance, or as otherwise authorized by the Administrator, no person
may conduct an air tour in Hawaii:
    (1) Below an altitude of 1,500 feet above the surface over all
areas of the State of Hawaii;
    (2) Closer than 1,500 feet to any person or property; or
    (3) Below any altitude prescribed by Federal statute or regulation.
    (e) Passenger briefing. Before takeoff, each PIC of an air tour
flight of Hawaii with a flight segment beyond the ocean shore of any
island shall ensure that each passenger has been briefed on the
following, in addition to requirements set forth in Sec.  91.107, Sec.
121.571, or Sec.  135.117 of this chapter:
    (1) Water ditching procedures;
    (2) Use of required flotation equipment; and
    (3) Emergency egress from the aircraft in event of a water landing.
    Issued in Washington, DC, under the authority of 49 U.S.C. 106(f)
and (g), 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5).

Polly Trottenberg,
Acting Administrator.
[FR Doc. 2023-15619 Filed 7-24-23; 11:15 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Rules and Regulations]
[Pages 58713-58715]
[FR Doc No: 2017-26620]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0911; Product Identifier 2017-CE-025-AD; Amendment
39-19121; AD 2017-25-07]
RIN 2120-AA64

Airworthiness Directives; Alexander Schleicher GmbH & Co.
Segelflugzeugbau Gliders

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Alexander Schleicher GmbH & Co. Segelflugzeugbau Models ASH 25M and ASH
26E gliders. This AD results from mandatory continuing airworthiness
information (MCAI) issued by an aviation authority of another country
to identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as fatigue cracks found on the
exhaust silencer. We are issuing this AD to require actions to address
the unsafe condition on these products.

DATES: This AD is effective January 18, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 18,
2018.

ADDRESSES: You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0911; or in person at Document Management Facility, 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 service information identified in this AD, contact Alexander
Schleicher GmbH & Co. Segelflugzeugbau, Alexander-Schleicher-Str. 1, D-
36163 Poppenhausen, Germany; phone: +49 (0) 06658 89-0; fax: +49 (0)
06658 89-40; internet: http://www.alexander-schleicher.de; email:
[email protected]. You may view this referenced service
information at the FAA, Policy and Innovation Division, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available on
the internet at http://www.regulations.gov by searching for Docket No.
FAA-2017-0911.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Alexander Schleicher
GmbH & Co. Segelflugzeugbau Models ASH 25M and ASH 26E gliders. The
NPRM was published in the Federal Register on September 22, 2017 (82 FR
44361). The NPRM proposed to correct an unsafe condition for the
specified products and was based on mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country. The MCAI states:

    Occurrences were reported of finding cracks on exhaust silencer
part number (P/N) 800.65.0001, installed on ASK 21 Mi powered
sailplanes. Subsequent investigation determined that the affected
part is susceptible to fatigue cracking and is also installed on
other Schleicher powered sailplanes.
    This condition, if not corrected, could lead to heat damage in
the engine compartment and to the engine installation, possibly
resulting in reduced control of the powered sailplane.
    To address this potentially unsafe condition, Schleicher issued
Technical Note (TN) ASK 21 Mi No. 11, TN ASW 22 BLE 50R No. 16, TN
ASH 25 M/Mi No. 32 and TN ASH 26 E No. 19 (single document,
hereafter referred to as `the TN' in this [EASA] AD), to provide
replacement instructions.
    For the reasons described above, this [EASA] AD requires
replacement of the affected exhaust silencer with an improved part
and introduces installation restrictions of a part with P/N
800.65.0001].

The MCAI can be found in the AD docket on the internet at https://www.regulations.gov/document?D=FAA-2017-0911-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:

     Are consistent with the intent that was proposed in the
NPRM for correcting 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

    We reviewed Alexander Schleicher GmbH & Co. Segelflugzeugbau ASK 21
Mi Technical Note No. 11, ASW 22 BLE 50R Technical Note No. 16, ASH 25
M/Mi Technical Note No. 32, ASH 26 E Technical Note No. 19 (single
document), dated January 8, 2016. The service information describes
procedures for replacing the exhaust silencer with an improved part.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section of this AD.

Costs of Compliance

    We estimate that this AD will affect 35 products of U.S. registry.
We also estimate that it will take about 8 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $3,900 per
product.
    Based on these figures, we estimate the cost of this AD on U.S.
operators to be $160,300, or $4,580 per product.
    We have no way of determining the number of products that have an
affected exhaust silencer, part number 800.65.0001, installed that will
need to be replaced. Therefore, this cost estimate includes all
affected gliders on the U.S. registry.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to small airplanes, gliders, and
domestic business jet transport airplanes to the Director of the Policy
and Innovation Division.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0911; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains the NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

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 AD:

2017-25-07 Alexander Schleicher GmbH & Co. Segelflugzeugbau:
Amendment 39-19121; Docket No. FAA-2017-0911; Product Identifier
2017-CE-025-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective January 18,
2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Alexander Schleicher GmbH & Co.
Segelflugzeugbau Models ASH 25M and ASH 26E gliders, all serial
numbers, that:
    (1) Have an exhaust silencer, part number (P/N) 800.65.0001,
installed; and
    (2) are certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 78: Engine
Exhaust.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as fatigue cracks
found on the exhaust silencer. We are issuing this AD to prevent
heat damage in the engine compartment and to the engine
installation, which could result in reduced control.

 (f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Before exceeding 150 hours time-in-service (TIS) on the
exhaust silencer, P/N 800.65.0001, since new, or within the next 5
hours TIS after January 18, 2018 (the effective date of this AD),
whichever occurs later, replace P/N 800.65.0001 with an improved
exhaust silencer, P/N 800.65.9010. Do the replacement as specified
in Alexander Schleicher GmbH & Co. Segelflugzeugbau ASK 21 Mi
Technical Note No. 11, ASW 22 BLE 50 R Technical Note No. 16, ASH 25
M/Mi Technical Note No. 32, ASH 26 E Technical Note No. 19 (single
document), dated January 8, 2016.
    (2) As of January 18, 2018 (the effective date of this AD), do
not install a P/N 800.65.0001 exhaust silencer.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Small Airplane Standards Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone:<PHONE_NUMBER>; fax: (816) 329-
4090; email: [email protected]. Before using any approved AMOC
on any glider to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, Small Airplane
Standards Branch, FAA; or the European Aviation Safety Agency
(EASA).

(h) Related Information

    Refer to MCAI EASA AD 2017-0136, dated July 31, 2017, for
related information. You may examine the MCAI on the internet at
https://www.regulations.gov/document?D=FAA-2017-0911-0002.

(i) 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) Alexander Schleicher GmbH & Co. Segelflugzeugbau ASK 21 Mi
Technical Note No. 11, ASW 22 BLE 50R Technical Note No. 16, ASH 25
M/Mi Technical Note No. 32, ASH 26 E Technical Note No. 19 (single
document), dated January 8, 2016.
    (ii) Reserved.
    (3) For Alexander Schleicher GmbH & Co. Segelflugzeugbau service
information identified in this AD, contact Alexander Schleicher GmbH
& Co. Segelflugzeugbau, Alexander-Schleicher-Str. 1, D-36163
Poppenhausen, Germany; phone: +49 (0) 06658 89-0; fax: +49 (0) 06658
89-40; internet: http://www.alexander-schleicher.de; email:
[email protected].
    (4) You may view this service information at the FAA, Policy and
Innovation Division, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148. In addition, you can access this service information
on the internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2017-0911.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on December 1, 2017.
Melvin J. Johnson,
Deputy Director, Policy & Innovation Division, Aircraft Certification
Service.
[FR Doc. 2017-26620 Filed 12-13-17; 8:45 am]
BILLING CODE 4910-13-P