[Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
[Rules and Regulations]
[Pages 53158-53160]
[FR Doc No: 2020-18862]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0244; Airspace Docket No. 19-AGL-1]
RIN 2120-AA66

Amendment of VOR Federal Airways V-24, V-97, and V-171 in the
Vicinity of Lone Rock, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends VHF Omnidirectional Range (VOR) Federal
airways V-24, V-97, and V-171 in the vicinity of Lone Rock, WI. These
amendments are due to the planned decommissioning of the VOR portion of
the Lone Rock, WI, VOR/Distance Measuring Equipment (VOR/DME)
navigation aid (NAVAID) which provides navigation guidance for portions
of the affected airways. The Lone Rock, WI, VOR is being decommissioned
as part of the FAA's VOR Minimum Operational Network (MON) program.

DATES: Effective date 0901 UTC, November 5, 2020. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of FAA Order 7400.11D at NARA, email:
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would modify the route structure as necessary

to preserve the safe and efficient flow of air traffic within the
National Airspace System.

History

    The FAA published a notice of proposed rulemaking (NPRM) for Docket
No. FAA-2020-0244 in the Federal Register (85 FR 16580; March 24,
2020), amending VOR Federal airways V-24, V-97, and V-171 in the
vicinity of Lone Rock, WI, due to the planned decommissioning of the
VOR portion of the Lone Rock, WI, VOR/DME. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal. No comments were received.
    VOR Federal airways are published in paragraph 6010(a) of FAA Order
7400.11D dated August 8, 2019, and effective September 15, 2019, which
is incorporated by reference in 14 CFR 71.1. The VOR Federal airways
listed in this document will be subsequently published in the Order.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 71 to amend VOR Federal airways V-24, V-97, and V-171 due to the
planned decommissioning of the VOR portion of the Lone Rock, WI, VOR/
DME. The VOR Federal airway amendments are described below.
    V-24: V-24 extends between the Aberdeen, SD, VOR/DME and the
Northbrook, IL, VOR/DME; and between the Peotone, IL, VOR/Tactical Air
Navigation (VORTAC) and the Brickyard, IN, VORTAC. The airway segment
between the Rochester, MN, VOR/DME and the Janesville, WI, VOR/DME is
removed. The unaffected portions of the existing airway remain as
charted.
    V-97: V-97 extends between the Dolphin, FL, VORTAC and the
intersection of the Chicago Heights, IL, VORTAC 358[deg] and DuPage,
IL, 101[deg] VOR/DME radials (NILES fix); and between the intersection
of the DuPage, IL, VOR/DME 347[deg] and Janesville, WI, VOR/DME
112[deg] radials (KRENA fix) and the Gopher, MN, VORTAC. The airspace
below 2,000 feet MSL outside the United States is excluded. The airway
segment between the intersection of the DuPage, IL, VOR/DME 347[deg]
and Janesville, WI, VOR/DME 112[deg] radials (KRENA fix) and the
Nodine, MN, VORTAC is removed. The unaffected portions of the existing
airway remain as charted.
    V-171: V-171 extends between the Lexington, KY, VOR/DME and the
Roseau, MN, VOR/DME. The airway segment between the Rockford, IL, VOR/
DME and the Nodine, MN, VORTAC is removed. The unaffected portions of
the existing airway remain as charted.
    All radials contained in the VOR Federal airway descriptions below
are unchanged and stated in True degrees.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this rule, when
promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of amending VOR Federal
airways V-24, V-97, and V-171 due to the planned decommissioning of the
VOR portion of the Lone Rock, WI, VOR/DME NAVAID qualifies for
categorical exclusion under the National Environmental Policy Act and
its implementing regulations at 40 CFR part 1500, and in accordance
with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points). As such, this action
is not expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. The FAA has determined that no extraordinary circumstances
exist that warrant preparation of an environmental assessment or
environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-24 [Amended]

    From Aberdeen, SD; Watertown, SD; Redwood Falls, MN; to
Rochester, MN. From Janesville, WI; INT Janesville 112[deg] and
Northbrook, IL, 291[deg] radials; to Northbrook. From Peotone, IL;
INT Peotone 152[deg] and Brickyard, IN, 312[deg] radials; to
Brickyard.
* * * * *

V-97 [Amended]

    From Dolphin, FL; La Belle, FL; St. Petersburg, FL; Seminole,
FL; Pecan, GA; Atlanta, GA; INT Atlanta 001[deg] and Volunteer, TN,
197[deg] radials; Volunteer; London, KY; Lexington, KY; Cincinnati,
KY; Shelbyville, IN; INT Shelbyville 313[deg] and Boiler, IN,
136[deg] radials; Boiler; Chicago Heights, IL; to INT Chicago
Heights 358[deg] and DuPage, IL, 101[deg] radials. From Nodine, MN;
to Gopher, MN. The airspace below 2,000 feet MSL outside the United
States is excluded.
* * * * *

V-171 [Amended]

    From Lexington, KY; INT Lexington 251[deg] and Louisville, KY,
114[deg] radials; Louisville; Terre Haute, IN; Danville, IL;
Peotone, IL; INT Peotone 281[deg] and Joliet, IL, 173[deg] radials;
Joliet; to Rockford, IL. From Nodine, MN; INT Nodine 298[deg] and
Farmington, MN, 124[deg] radials; Farmington; Darwin, MN;
Alexandria, MN; INT Alexandria 321[deg] and Grand Forks, ND,
152[deg] radials; Grand Forks; to Roseau, MN.
* * * * *

    Issued in Washington, DC, on August 24, 2020.
Scott M. Rosenbloom,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2020-18862 Filed 8-27-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Proposed Rules]
[Pages 22821-22823]
[FR Doc No: 2022-08155]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2022-0112; FRL-9734-01-R1]

Air Plan Approval; New Hampshire; Rules for Particulate Emissions
From Open Sources, Sand and Gravel and Related Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions of New Hampshire Code
of Administrative Rules Chapters Env-A 1000 and Env-A 2800 submitted by
the State of New Hampshire on January 8, 2020, and August 19, 2021,
respectively. Env-A 1000 establishes requirements for open burning,
fugitive dust, and firefighter instruction and training activities.
Env-A 2800 sets particulate matter (PM), visible emissions (VE), and
fugitive dust standards for sand and gravel sources, non-metallic
mineral processing plants, and cement and concrete sources. This action
is being taken under the Clean Air Act.

DATES: Written comments must be received on or before May 18, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2022-0112 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed 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. Publicly
available docket materials are available at https://www.regulations.gov
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, Air and Radiation Division, 5 Post Office Square--Suite 100,
Boston, MA. EPA requests that if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Pujarini Maiti, Air Quality Planning
Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental
Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston,
Massachusetts, 02109-3912;<PHONE_NUMBER>; [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. EPA's Evaluation of New Hampshire's SIP Revisions
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On January 8, 2020, the New Hampshire Department of Environmental
Services (NH DES) submitted a revision of New Hampshire Code of
Administrative Rules Chapter

Env-A 1000 (Prevention, Abatement, and Control of Open Source Air
Pollution) to EPA for approval into the New Hampshire SIP. NH DES
withdrew the January 8, 2020, submission of Env-A 1000 to the SIP on
July 19, 2021. On August 19, 2021, NH DES submitted another revision of
Env-A 1000 to EPA for approval into the New Hampshire SIP. This
regulation establishes requirements for open burning, fugitive dust and
firefighter instruction and training activities. NH DES submitted this
revision to replace the current SIP-approved Env-A 1000 (83 FR 6972;
February 16, 2018), which expired at the State level on May 1, 2019.
The submittal also includes Appendices A and B, which provide
references and definitions that are included in Env-A 1000.
    On January 8, 2020, NH DES submitted a revision of New Hampshire
Code of Administrative Rules Chapter Env-A 2800 (Sand and Gravel
Sources; Non-Metallic Mineral Processing Plants; Cement and Concrete
Sources) to EPA for approval into the New Hampshire SIP. Env-A 2800
sets standards for visible emissions (VE) and particulate matter (PM)
emissions. It also sets fugitive-dust requirements for sand and gravel
sources, non-metallic mineral processing plants, and cement and
concrete sources. NH DES submitted this revision to replace the current
SIP-approved version of Env-A 2800 (81 FR 78052; October 1, 2010),
which expired at the State level on October 1, 2018. The submittal also
includes Appendix A, which provides a list of referenced State statutes
and Federal regulations.
    After reviewing New Hampshire's SIP submittals, EPA has concluded
that the revisions to Env-A 1000 and to Env-A 2800 clarify and
strengthen the current SIP-approved regulations and therefore EPA is
proposing to approve these revised regulations into the New Hampshire
SIP. EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters. These comments will be considered
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to this
proposed rule by following the instructions listed in the ADDRESSES
section of this Federal Register.

II. EPA's Evaluation of New Hampshire's SIP Revisions

Env-A 1000

    Env-A 1000 (Prevention, Abatement, and Control of Open Source Air
Pollution) establishes requirements for open burning, fugitive dust and
firefighter instruction and training activities. The proposed revisions
to this rule, submitted to EPA on August 19, 2021, include
clarifications and updates to certain provisions. The submittal also
includes Appendices A and B, which provide references and definitions
of terms used in Env-A 1000. The main proposed changes in the
regulation and EPA's evaluation of these changes, are as follows.
    The current SIP-approved version of Env-A 1001 authorizes open
burning of untreated wood, campfire wood, brush, or charcoal in a
campfire, outdoor grill, or outdoor fireplace for recreational purposes
or for the preparation of food. The proposed revision to Env-A 1001
adds open burning of untreated pallets to this list. It also adds
untreated pallets to the list of materials (untreated wood, campfire
wood, or brush) that may be used as fuel for bonfires in conjunction
with holiday or festive celebrations.
    The current SIP-approved version of Env-A 1001 allows burning of
brush or leaves by a landowner of a private, residential property,
provided the material originates ``on-site.'' The proposed revision to
Env-A 1001 clarifies that originating ``on-site'' may include material
that originates on another residential property but does not include
material transported to the burning location for commercial purposes or
by a commercial entity or its employees.
    The current SIP-approved version of Env-A 1002 includes an
exemption for leaf blowers from fugitive-dust regulations. The proposed
revision to Env-A 1002 expands the exemption to include compressed air,
but adds the limitation that, for commercial properties and public
ways, this equipment can only be used for the purpose of blowing leaves
and vegetation, and cannot be used to blow dirt, sand, or gravel except
as incidental and necessary when blowing leaves and vegetation.
    The current SIP-approved version of Env-A 1002 includes precautions
to prevent, abate, and control fugitive dust. The proposed version of
Env-A 1002 retains the previous precautions and adds two additional
allowed measures: (1) The construction of wind barriers to material
stockpiles; and (2) construction of wind barriers and phasing of work
to reduce disturbed surface area for sandblasting or similar
operations.
    EPA concludes that the proposed revisions to Env-A 1000 strengthen
and clarify this regulation, and we agree that the addition of
Appendices A and B provides relevant references and definitions for
implementing Env-A 1000. Therefore, EPA is proposing to approve the
submitted revision of Env-A 1000 into the New Hampshire SIP.

Env-A 2800

    On January 8, 2020, NH DES submitted a revision of New Hampshire
Code of Administrative Rules Chapter Env-A 2800 (Sand and Gravel
Sources; Non-Metallic Mineral Processing Plants; Cement and Concrete
Sources) to EPA for approval into the New Hampshire SIP. Env-A 2800
sets standards for visible emissions (VE) and particulate matter (PM)
emissions. It also sets fugitive-dust requirements for sand and gravel
sources, non-metallic mineral processing plants, and cement and
concrete sources.
    The current SIP-approved version of Env-A 2802 includes definitions
of terms used in this regulation. The proposed revision to Env-A 2802
retains these definitions and adds the terms ``Electronic means'' and
``Submit in writing'' to the list of defined terms. These added terms
bring the regulation up to date with the electronic reporting systems
used by NH DES and EPA.
    The current SIP-approved version of Env-A 2803 sets Compliance
Testing Requirements for Non-Metallic Mineral Processing Plants. The
proposed revision to Env-A 2803 retains the visible fugitive emissions
or visible stack emissions standard of an average of 20 percent opacity
for these plants, as determined by Env-A 807, for any continuous 6-
minute period at crushers, transfer points, or screens. The proposed
revision updates, but does not substantially change, the requirements
for conducting compliance tests at affected facilities. As before, a
successful compliance test must be conducted on the affected facility
or specific affected equipment in accordance with 40 CFR 60.675 within
60 days of achieving the maximum production rate at which the affected
facility or affected equipment will be operated or 180 days after
startup, whichever is sooner.
    The current SIP-approved version of Env-A 2804 sets a VE standard
for cement, ready mix concrete, and cement block sources. The proposed
revision to Env-A 2804 retains the visible fugitive emissions or
visible stack emissions standard of an average of 20 percent opacity
for these sources, as determined by Env-A 807, for any continuous 6-
minute period. EPA agrees that an average of 20 percent opacity is a
reasonable VE limitation and concurs with retaining the standard.
    The current SIP-approved version of Env-A 2805 establishes
requirements for fugitive dust control for all sources and plants
subject to this regulation. The

proposed revision to Env-A 2805 retains these requirements without
modification. EPA considers New Hampshire's fugitive dust control
requirements to be reasonable and concurs with retaining the standard.
    The current SIP-approved version of Env-A 2806 establishes Permit-
By-Notification (PBN) procedures for non-metallic mineral processing
plants. The proposed revision to Env-A 2806 updates these procedures to
allow owners or operators to notify NH DES within 10 days after initial
startup of an affected facility by electronic means as well as
traditional hardcopy delivery methods.
    EPA concurs with New Hampshire that the proposed revisions to Env-A
1000 and Env-A 2800 serve to strengthen and clarify these regulations
and is, therefore, proposing to approve these revised regulations into
the New Hampshire SIP. Furthermore, EPA agrees that the addition of
Appendix A provides relevant references for implementing Env-A 2800.
Therefore, EPA is proposing to approve the submitted revision of Env-A
2800 into the New Hampshire SIP.

III. Proposed Action

    EPA is proposing to approve, and incorporate into the New Hampshire
SIP, Env-A 1000 and Env-A 2800, which were submitted by the State of
New Hampshire on August 19, 2021, and on January 8, 2020, respectively.
    EPA is soliciting public comments on the issues discussed in this
proposal or on other relevant matters. These comments will be
considered before EPA takes final action. Interested parties may
participate in the Federal rulemaking procedure by submitting comments
to this proposed rule by following the instructions listed in the
ADDRESSES section of this Federal Register.

IV. Incorporation by Reference

    In accordance with requirements of 1 CFR 51.5, EPA is proposing to
incorporate by reference into the New Hampshire SIP two New Hampshire
Code of Administrative Rules: Env-A 1000 (Prevention, Abatement, and
Control of Open Source Air Pollution), effective August 1, 2019, and
Env-A 2800 (Sand and Gravel Sources; Non-Metallic Mineral Processing
Plants; Cement and Concrete Sources), effective December 20, 2018.
    The EPA has made, and will continue to make, these documents
generally available electronically through https://www.regulations.gov
and/or in hard copy at the appropriate EPA office.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies 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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 12, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022-08155 Filed 4-15-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 5, 2010 (Volume 75, Number 150)]
[Proposed Rules]
[Page 47242-47245]
[DOCID:fr05au10-23]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0705; Directorate Identifier 2009-NM-206-AD]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Corporation Model DC-
9-14, DC-9-15, and DC-9-15F Airplanes; and Model DC-9-20, DC-9-30, DC-
9-40, and DC-9-50 Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to certain Model DC-9-14 and DC-9-15
airplanes; and Model DC-9-20, DC-9-30, DC-9-40, and DC-9-50 series
airplanes. The existing AD currently requires repetitive high frequency
eddy current inspections to detect cracking in the vertical radius

(also known as the ``vertical leg'') of the upper cap of the center
wing rear spar, and repair if necessary. This proposed AD expands the
area to be inspected by including inspections to detect cracking of the
horizontal flange of the upper cap of the left and right center wing
rear spar, and repair if necessary. This proposed AD also adds certain
airplanes to the applicability. This proposed AD results from reports
of cracking in the vertical radius of the upper cap of the center wing
rear spar, and the horizontal flange on the inboard side of the rear
spar upper cap, which resulted from stress corrosion. We are proposing
this AD to detect and correct cracking in the vertical leg or the
horizontal flange of the upper cap of the left or right center wing
rear spar, which could cause a possible fuel leak, damage to the wing
skin, and structural failure of the upper cap, and result in reduced
structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by September 20,
2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 this proposed AD, 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.

FOR FURTHER INFORMATION CONTACT: Wahib Mina, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0705;
Directorate Identifier 2009-NM-206-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On November 1, 2004, we issued AD 2004-23-11, Amendment 39-13866
(69 FR 65522, November 15, 2004), for certain Model DC-9-14 and DC-9-15
airplanes; and Model DC-9-20, DC-9-30, DC-9-40, and DC-9-50 series
airplanes. That AD requires repetitive high frequency eddy current
inspections to detect cracks in the vertical radius (also known as the
``vertical leg'') of the upper cap of the center wing rear spar, and
repair if necessary. That AD resulted from reports of cracks in the
upper cap of the center wing rear spar that resulted from stress
corrosion. We issued that AD to detect and correct cracking of the left
or right upper cap of the center wing rear spar, which could cause a
possible fuel leak and structural failure of the upper cap, and result
in reduced structural integrity of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2004-23-11, one operator reported finding two
cracks in the horizontal flange on the inboard side of the rear spar
upper cap, and Boeing's investigation determined that the cracks
resulted from stress corrosion.

Relevant Service Information

    We have reviewed Boeing Service Bulletin DC9-57-223, Revision 1,
dated August 13, 2009, which adds Model DC-9-15F airplanes to the
applicability. The service bulletin describes procedures for doing
repetitive high frequency eddy current inspections of the vertical leg
and horizontal flange of the upper caps of the left and right center
wing rear spar, inboard and outboard sides, of the bulkhead at wing
station Xcw = 58.500 for cracking. The service bulletin specifies to
contact Boeing for repair instructions if any cracking is found during
the inspections. We referred to the original issue of the service
bulletin for accomplishing the inspections required by AD 2004-23-11.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to develop on other airplanes of the
same type design. For this reason, we are proposing this AD, which
would supersede AD 2004-23-11 and would continue to require repetitive
high frequency eddy current inspections to detect cracks in the
vertical radius (also known as the ``vertical leg'') of the upper cap
of the center wing rear spar, and repair if necessary. This proposed AD
would also require repetitive inspections for cracking in the
horizontal flange of the upper cap of the left or right center wing
rear spar, and repair if necessary.

Differences Between the Proposed AD and Service Information

    Where Boeing Service Bulletin DC9-57-223, Revision 1, dated August
13, 2009, specifies to contact Boeing for repair instructions, this
proposed AD requires operators to repair any cracking in accordance
with a method approved in accordance with paragraph (k) of the AD.

Change to Existing AD

    This proposed AD would retain certain requirements of AD 2004-23-
11. Since AD 2004-23-11 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this

proposed AD, as listed in the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                            Corresponding requirement in
       Requirement in AD  2004-23-11              this proposed AD
------------------------------------------------------------------------
Paragraph (f).............................  paragraph (g).
Paragraph (g).............................  paragraph (h).
------------------------------------------------------------------------

Costs of Compliance

    There are approximately 510 airplanes of the affected design in the
worldwide fleet. We estimate that 322 airplanes of U.S. registry would
be affected by this proposed AD. The following table provides the
estimated costs for U.S. operators to comply with this proposed AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                 Average                      Cost per          U.S.-
            Action               Work hours    labor rate       Parts         airplane       registered                     Fleet cost
                                                per hour                                      airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection....................            3           $85            $0   $255 per                  322   $82,110 per inspection cycle.
                                                                           inspection
                                                                           cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-13866 (69 FR
65522, November 15, 2004) and adding the following new AD:

McDonnell Douglas Corporation: Docket No. FAA-2010-0705; Directorate
Identifier 2009-NM-206-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by September
20, 2010.

Affected ADs

    (b) This AD supersedes AD 2004-23-11, Amendment 39-13866.

Applicability

    (c) This AD applies to McDonnell Douglas Corporation Model DC-9-
14, DC-9-15, DC-9-15F, DC-9-21, DC-9-31, DC-9-32, DC-9-32 (VC-9C),
DC-9-32F, DC-9-33F, DC-9-34, DC-9-34F, DC-9-32F (C-9A, C-9B), DC-9-
41, and DC-9-51 airplanes; certificated in any category; as
identified in Boeing Service Bulletin DC9-57-223, Revision 1, dated
August 13, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from reports of cracking in the vertical
radius (also known as the ``vertical leg'') of the upper cap of the
center wing rear spar, and the horizontal flange on the inboard side
of the rear spar upper cap, which resulted from stress corrosion.
The Federal Aviation Administration is issuing this AD to detect and
correct cracking in the vertical leg or the horizontal flange of the
upper cap of the left or right center wing rear spar, which could
cause a possible fuel leak, damage to the wing skin, and structural
failure of the upper cap, and result in reduced structural integrity
of the airplane.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of Requirements of AD 2004-23-11, With Revised Service
Information

Inspection

    (g) For all airplanes except Model DC-9-15F airplanes, at the
later of the times specified in paragraphs (g)(1) and (g)(2) of this
AD: Do a high frequency eddy current inspection to detect cracks in
the vertical radius of the upper cap of the center wing rear spar,
in accordance with the Accomplishment Instructions of Boeing Service
Bulletin DC9-57-223, dated July 21, 2003; or Revision 1, dated
August 13, 2009. After the effective date of this AD, only Revision
1 may be used.
    (1) Before the accumulation of 25,000 total flight cycles.
    (2) Within 15,000 flight cycles or 5 years after December 20,
2004 (the effective date of AD 2004-23-11), whichever occurs first.

Corrective Action

    (h)(1) If no crack is found during any inspection required by
paragraph (g) of this AD, then repeat the inspection thereafter at

intervals not to exceed 15,000 flight cycles or 5 years, whichever
occurs first, until the initial inspection required by paragraph (i)
of this AD is done.
    (2) If any crack is found during the inspection required by
paragraph (g) of this AD, before further flight, repair per a method
approved by the Manager, Los Angeles Aircraft Certification Office
(ACO), FAA. For a repair method to be approved by the Manager, Los
Angeles ACO, as required by this paragraph, the Manager's approval
letter must specifically refer to this AD.

New Requirements of This AD

Inspection

    (i) At the later of the times specified in paragraphs (i)(1) and
(i)(2) of this AD: Do a high frequency eddy current inspection to
detect cracking in the vertical leg (also known as the ``vertical
radius'') and horizontal flange of the left and right rear spar
upper cap, inboard and outboard sides, at the bulkhead at wing
station Xcw = 58.500, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin DC9-57-223, Revision 1,
dated August 13, 2009. If no cracking is found, repeat the
inspection thereafter at intervals not to exceed 15,000 flight
cycles or 5 years, whichever occurs first. Accomplishment of the
initial inspection required by paragraph (i) of this AD terminates
the requirements of paragraphs (g) and (h)(1) of this AD.
    (1) Before the accumulation of 25,000 total flight cycles.
    (2) Within 15,000 flight cycles or 5 years after accomplishing
the most recent high frequency eddy current inspection required by
paragraph (g) of this AD, whichever occurs first.

Corrective Action

    (j) If any cracking is found during any inspection required by
paragraph (i) of this AD, before further flight, repair the cracking
using a method approved in accordance with the procedures specified
in paragraph (k) of this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Los Angeles ACO, 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: Wahib Mina, Aerospace
Engineer, Airframe Branch, ANM-120L, Los Angeles ACO, FAA, 3960
Paramount Boulevard, Lakewood, California 90712-4137; telephone
(562) 627-5324; fax<PHONE_NUMBER>.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically refer to this AD.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Los Angeles ACO, to
make those findings. For a repair method to be approved, the repair
must meet the certification basis of the airplane, and the approval
must specifically refer to this AD.
    (4) AMOCs approved previously in accordance with AD 2004-23-11,
Amendment 39-13866, are approved as AMOCs for the corresponding
provisions of paragraph (h)(2) of this AD.

    Issued in Renton, Washington, on July 27, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.

[FR Doc. 2010-19292 Filed 8-4-10; 8:45 am]
BILLING CODE 4910-13-P