[Federal Register Volume 78, Number 105 (Friday, May 31, 2013)]
[Notices]
[Page 32696]
[FR Doc No: 2013-12896]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69639; File No. SR-NYSEArca-2013-39]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Withdrawal of a Proposed Rule Change Amending NYSE Arca Equities Rule
7.31 To Add a Moving Average Check for Incoming Market Orders and
Marketable Limit Orders

May 24, 2013.
    On April 11, 2013, NYSE Arca, Inc. (``NYSE Arca'') filed with the
Securities and Exchange Commission (``Commission'') pursuant to Section
19(b)(1) of the Securities Exchange Act of 1934 (the ``Act'') \1\ and
Rule 19b-4 thereunder,\2\ a proposed rule change to amend NYSE Arca
Equities Rule 7.31 to add a Moving Average Check for incoming market
orders and marketable limit orders. The proposed rule change was
published for comment in the Federal Register on April 30, 2013.\3\ The
Commission did not receive any comment letters on the proposal. On May
14, 2013, NYSE Arca withdrew the proposed rule change (SR-NYSEArca-
2013-39).
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 69443 (April 24,
2013), 78 FR 25332 (SR-NYSEArca-2013-39).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\4\
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    \4\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2013-12896 Filed 5-30-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 21, 2008 (Volume 73, Number 140)]
[Notices]
[Page 42390-42391]
[DOCID:fr21jy08-101]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58160; File No. SR-NSCC-2007-07]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Order Approving Proposed Rule Change To Restructure Its
Rules Relating to Fines and To Harmonize Them With Similar Rules of Its
Affiliates

July 15, 2008.

I. Introduction

    On April 30, 2007, the National Securities Clearing Corporation
(``NSCC'') filed with the Securities and Exchange Commission
(``Commission''), and on December 10, 2007, and February 12, 2008,
amended proposed rule change SR--NSCC-2007-07 pursuant to Section
19(b)(1) of the Securities Exchange Act of 1934 (``Act'').\1\ The
proposed rule change was published for comment in the Federal Register
on April 22, 2008.\2\ No comment letters were received on the proposal.
This order approves the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 57667 (Apr. 15, 2008),
73 FR 21677.
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II. Description

    The proposed rule change restructures the NSCC rules related to
fines and where practicable or beneficial harmonizes them with similar
rules of NSCC's affiliates, The Depository Trust Company (``DTC'') and
the Fixed Income Clearing Corporation (``FICC'').\3\
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    \3\ DTC and FICC have filed similar proposed rule changes.
Securities Exchange Act Release No. 57665 (Apr. 15, 2008), 73 FR
21673 [SR-DTC-2007-05]. Securities Exchange Act Release No. 57666
(Apr. 15, 2008), 73 FR 21675 [SR-FICC-2007-05].
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A. Fines Scheduled for Failure To Submit Financial and Other
Information

    NSCC members are assessed fines for failure to submit required
financial, regulatory, and other information within the time frame
established by NSCC. As part of the effort to harmonize its rules with
its affiliates, NSCC is adopting the fine schedule currently used by
FICC for this purpose. Pursuant to its filing, members will be fined
$300, $600, and $1,500 for their first, second, and third occasion of
failing to timely provide financial, regulatory, and other related
information. NSCC is also changing the footnotes of this section of the
applicable fine schedule to make certain clarifications, including that
the determination of the fine amount after the fourth or more occasion
of an offense within a twelve month rolling period will be made by the
Board of Directors.\4\
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    \4\ Under NSCC rules, the terms ``Board'' or ``Board of
Directors'' mean the Board of Directors of NSCC or a committee
thereof acting under delegated authority.
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    Often a member that is fined is a common member of NSCC and FICC,
NSCC and DTC, or NSCC, FICC, and DTC, (collectively the ``Clearing
Agencies'') which would cause the member to incur multiple penalties
for the same offense.\5\ When a common member of the Clearing Agencies
is late in providing the same information to more than one Clearing
Agency, the fine amount will be divided equally among the Clearing
Agencies, as appropriate.\6\
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    \5\ DTC does not currently maintain a fine schedule with respect
to late submission of required financial, regulatory, or other
information. However, DTC has filed a proposal to adopt a fine
schedule similar to the one NSCC is adopting. Supra note 3.
    \6\ For example, if a firm is a member of NSCC and FICC, did not
submit its annual audited financial statements within the required
time frame, and this was the firm's first failure to meet the
deadline, the $200 fine will be split equally between NSCC and FICC.
    Where the member is a participant of DTC and also a member of
one or more of the other Clearing Agencies, the fine would be
collected by DTC and allocated equally among the other Clearing
Agencies, as appropriate. If the member is not a DTC participant,
but is a common member of NSCC and FICC, NSCC will collect the fine
and allocate the appropriate portion to FICC.
    The Clearing Agencies do not view the proposed rule changes as
fee reductions, because they never intended to charge a common
member multiple times for a single violation.

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B. General Continuance Standards

    NSCC's rules currently require a member to promptly notify NSCC of
the member's non-compliance with general member continuance standards
but do not set forth a specific time frame in which to do so and do not
provide for the imposition of a fine for not promptly notifying NSCC.
In the interest of harmonizing this provision with a similar FICC
provision, NSCC is: (a) Requiring the member to make such a
notification within two business days; (b) requiring the member to
notify NSCC within the two-day time frame if it becomes subject to a
statutory disqualification; and (c) subjecting the member to a $1,000
fine for failure to timely notify NSCC.
    NSCC also currently imposes a fine in the amount of $5,000 if an
applicable member fails to notify NSCC of a material change to its
business. Pursuant to NSCC's rules, a material change currently
includes a merger or acquisition involving the member; a change in
corporate form; a name change; a material change in ownership, control,
or management; and participation as a defendant in litigation which
reasonably could be anticipated to have a direct negative impact on the
member's financial condition or ability to conduct its business. For
uniformity with similar FICC provisions, NSCC is amending its rules so
that notice of such events must be provided at least ninety calendar
days prior to the effective date of such event unless the member
demonstrates that it could not have reasonably given notice within that
time frame.
    With respect to both fines, NSCC is amending its rules to reflect
that when a common member of the Clearing Agencies is late in providing
the same information to more than one Clearing Agency, the fine amount
will be divided equally among the Clearing Agencies.\7\
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    \7\ DTC does not currently maintain a fine in this regard.
However, DTC has filed a proposal to adopt a fine schedule similar
to the one NSCC is proposing to adopt. Supra note 3.
    Where the Member is a participant of DTC and is a common member
of one or more of the other clearing agencies, the fine would be
collected by DTC and allocated equally among other clearing
agencies, as appropriate. If the member is not a DTC participant,
but is a common member between NSCC and FICC, NSCC will collect the
fine and allocate the appropriate portion to FICC.
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C. Fine Schedule for Late Clearing Fund Deficiency Payments

    NSCC members are subject to fines for late payments of Clearing
Fund deficiency calls. NSCC is amending the footnote to this section of
its fine schedule to correspond with that of FICC's fine schedule as
proposed by FICC in a separate rule filing.\8\ If the number of
occasions of late Clearing Fund deficiency call payments within a
three-month rolling period exceeds four, NSCC will obtain the Board's
concurrence for the fine amount. Furthermore, a late payment of more
than one hour will result in a fine equal to the amount applicable to
the next highest occasion for the specific deficiency amount.\9\ If a
member is late for more than one hour and it is the member's fourth
occasion in the rolling period, NSCC will obtain the Board's
concurrence for the fine amount.
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    \8\ Supra note 3.
    \9\ For example, if a firm's deficiency amount is under
$1,000,000, it is the firm's second occurrence of late satisfaction
of a deficiency call in the rolling three-month period, and the firm
is late by more than one hour, the firm would be fined $200 (i.e. ,
the fine for a third occasion) instead of $100 (i.e. , the fine for
a second occasion) pursuant to the proposed fine schedule.
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D. Fine Schedule for Late Settlement Payments

    The Clearing Agencies currently have provisions for fines for late
payment of settlement obligations. NSCC is amending the footnote in
this section of its fine schedule to correspond with those of the other
Clearing Agencies. If the number of occasions of late settlement
payments within the rolling three-month period exceeds four, NSCC will
obtain the Board's concurrence for the fine amount.\10\ Furthermore, a
payment late by more than one hour will result in a fine equal to the
amount applicable to the next highest occasion for the specific
deficiency amount. If a member is late by more than one hour and it is
the member's fourth occasion in the rolling three-month period, NSCC
will obtain the Board's concurrence for the fine amount.
---------------------------------------------------------------------------

    \10\ This change requires the removal of language granting NSCC
discretion over the fine amount upon consultation with the settling
bank only member, member, mutual fund/insurance services member, or
fund member.
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III. Discussion

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a registered clearing agency. In particular,
the Commission believes the proposal is consistent with the
requirements of Section 17A(b)(3)(F),\11\ which, among other things,
requires that the rules of a clearing agency are designed to remove
impediments to and perfect the mechanisms of a national system for the
prompt and accurate clearance and settlement of securities transactions
and with the requirements of Section 17A(b)(3)(H) \12\ which, among
other things, requires that the rules of a clearing agency provide a
fair procedure with respect to the disciplining of participants and the
denial of participation to any person seeking to be a participant. The
Commission finds that the proposed rule change, which restructures and
harmonizes NSCC's fines with those of DTC and FICC, is consistent with
those statutory obligations.
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    \11\ 15 U.S.C. 78q-1(b)(3)(F).
    \12\ 15 U.S.C. 78q-1(b)(3)(H).
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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 17A of the Act \13\ and the
rules and regulations thereunder.
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    \13\ 15 U.S.C. 78q-1.
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    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\14\ that the proposed rule change (File No. SR-NSCC-2007-07) be,
and hereby is, approved.\15\
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    \14\ 15 U.S.C. 78s(b)(2).
    \15\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-16594 Filed 7-18-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Notices]
[Page 42005]
[FR Doc No: 2014-16937]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2013-0348; FRL-9913-27-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Primary Aluminum Reduction Plants
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NESHAP for Primary Aluminum
Reduction Plants (40 CFR part 63, Subpart LL) (Renewal)'' (EPA ICR No.
1767.07, OMB Control No. 2060-0360) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of
the ICR, which is currently approved through July 31, 2014. Public
comments were previously requested via the Federal Register (78 FR
35023) on June 11, 2013 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An Agency may not conduct or sponsor and a
person is not required to respond to a collection of information unless
it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before August 18,
2014.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2013-0348, to (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP (40 CFR Part 63, Subpart A), and any changes,
or additions to the Provisions (40 CFR part 63, Subpart LL). Owners or
operators of the affected facilities must submit a one-time only report
of any physical or operational changes, initial performance tests, and
periodic reports and results. Owners or operators are also required to
maintain records of the occurrence and duration of any startup,
shutdown, or malfunction in the operation of an affected facility, or
any period during which the monitoring system is inoperative. Reports
are required semiannually at a minimum.
    Form Numbers: None.
    Respondents/affected entities: Owners or operators of primary
aluminum reduction plants.
    Respondent's obligation to respond: Mandatory (40 CFR Part 63,
Subpart LL).
    Estimated number of respondents: 16 (total).
    Frequency of response: Initially, semiannually and annually.
    Total estimated burden: 80,023 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $7,918,987 (per year), which includes $91,348
in either annualized capital/startup or operation & maintenance costs.
    Changes in the Estimates: There is no significant change in burden
in this ICR compared to the previous ICR. This is due to two
considerations: (1) the regulations have not changed over the past
three years, and are not anticipated to change over the next three
years; and (2) the growth rate for the industry is very low, negative
or non-existent, so there is no significant change in the overall
burden. The apparent decrease of 375 hours in respondent burden is due
to a mathematical correction. The previous ICR incorrectly summed the
number of recordkeeping hours. In addition, there is a small increase
in respondent cost due to an update in labor rates.

Spencer W. Clark,
Acting Director, Collection Strategies Division.
[FR Doc. 2014-16937 Filed 7-17-14; 8:45 am]
BILLING CODE 6560-50-P


WordPerfect Document Compare Summary Original document: C:\ Documents and Settings\ rwilcox\ My Documents\ 1HD In Use NTE\ FRM Regs\ 3.1 as to EMA 040705\ In use FRM regs vEMA040705. wpd Revised document: C:\ Documents and Settings\ rwilcox\ My Documents\ 1HD In Use NTE\ FRM Regs\ As to EMA April 26 2005 ( v5.0)\ In use regs vEMA042605. wpd Deletions are shown with the following attributes and color: Strikeout, Blue RGB( 0,0,255). Deleted text is shown as full text. Insertions are shown with the following attributes and color: Double Underline, Redline, Red RGB( 255,0,0).

The document was marked with 28 Deletions, 47 Insertions, 0 Moves. Draft vEMA April 26, 2005 2 For the reasons set out in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as set forth below.

PART 86   CONTROL OF EMISSIONS FROM NEW AND IN USE HIGHWAY VEHICLES AND ENGINES 1. The authority citation for part 86 continues to read as follows:

Authority: 42 U. S. C. 7401  7671q.

2. Section 86.1 is amended by adding paragraph ( b)( 6) to read as follows:

§ 86.1 Reference materials.

* * * * *

( b)* * *

( 6) NIST material. The following table lists material from the National Institute of Standards and Technology that we have incorporated by reference. The first column lists the number and name of the material. The second column lists the sections of this part where we reference it. Anyone may purchase copies of these materials from the Government Printing Office, Washington, DC 20402 or download them from the Internet at http:// physics. nist. gov/ Pubs/ SP811/.

Document number and name Part 86 reference NIST Special Publication 811, Guide for the Use of the International System of Units ( SI), 1995 Edition. 86.1901 ( 7) ASTM material. The following table lists material from the American Society of Testing and Materials that we have incorporated by reference. The first column lists the number and name of the material. The second column lists the sections of this part where we reference it.

Anyone may purchase copies of these materials from the ASTM, 100 Bar Harbor Drive, West Conshohocken, PA 19428 2959 or download them from the Internet at http:// www. astm. org Document number and name Part 86 reference ASTMD975 04 Standard Specification for Diesel Fuel Oils 86.1910 Draft vEMA April 26, 2005 3 Subpart A  [ Amended]

3. Section 86.007 11 is amended by adding paragraph ( a)( 4)( vi) to read as follows:

§ 86.007 11 Emission Standards and Supplemental Requirements for 2007 and Later Model Year Diesel Heavy Duty Engines and Vehicles.

* * * * *

( a) * * *

( 4)* * *

( vi) The manufacturer's certification application must clearly identify all NTE deficiencies described under § 86.007 11( a)( 4)( iv) and all NTE carve outs described under § § 86.1370

2007( b)( 6) and ( 7) that are requested for approval during certification. Deficiencies and carve outs must be reported for all engine families and power ratings with sufficient detail for us to easily determine if a particular deficiency or carve out was encountered in the emission test data from the portable emission sampling equipment and field testing procedures referenced in § 86.1375.

* * * * *

Subpart N  [ Amended]

4. A new § 86.1375 2007 is added to read as follows:

§ 86.1375 2007 Equipment Specifications for Field Testing For field testing conducted pursuant to the requirements of this part, including field testing conducted to measure emissions under Not To Exceed test procedures, use the test procedures and equipment specified in 40 CFR part 1065, subpart J.

5. A new subpart T is added to read as follows:

Subpart T   Manufacturer Run In Use Testing Program for Heavy Duty Diesel Engines Sec.

86.1901 What testing requirements apply to my engines that have gone into service?

86.1905 How does this program work?

86.1908 How must I select and screen my in use engines?

86.1910 How must I prepare and test my in use engines?

86.1912 How do I determine whether an engine meets the vehicle pass criteria? Draft vEMA April 26, 2005 4 86.1915 What are the requirements for Phase 1 and Phase 2 testing?

86.1917 How does in use testing under this subpart relate to the emission related warranty in Section 207( a)( 1) of the Clean Air Act?

86.1920 What in use testing information must I report to EPA?

86.1925 What records must I keep?

86.1930 What special provisions apply from 2005 through 2007?

86.1935 What special provisions may apply as a consequence of a delay in the accuracy margin report for portable emission measurement systems?

Appendix I to Subpart T   Sample Graphical Summary of NTE Emission Results § 86.1901 What testing requirements apply to my engines that have gone into service?

( a) If you manufacture diesel heavy duty engines above 8500 lbs. GVWR that are subject to engine based exhaust emission standards under this part, you must test them as described in this subpart. You must measure all emissions listed in § 86.1910( d) other than PM beginning in calendar year 2005 and you must measure PM emissions beginning in calendar year 2006. See § § 86.1930 and 86.1935 for special provisions that may apply to manufacturers in the early years of this program.

( b) We may void your certificate of conformity for an engine family if you do not meet your obligations under this subpart. We may also void individual tests and require you to retest those vehicles or take other appropriate measures in instances where you have not performed the testing in accordance with the requirements described in this subpart.

( c) Independent of your responsibility to test in use engines under this subpart, we may choose to do our own testing of your in use engines.

( d) In this subpart, the term " you" refers to the certificate holder for any engines subject to the requirements of this subpart.

( e) In this subpart, round means to round numbers according to NIST Special Publication 811( incorporated by reference in § 86.1).

§ 86.1905 How does this program work?

( a) You must test in use engines from the families we select. We may select the following number of engine families for testing, except as specified in paragraph ( b) of this section:

( 1) We may select up to 25 percent of your engine families in any calendar year, calculated by dividing the number of engine families you certified in the model year corresponding to the Draft vEMA April 26, 2005 5 calendar year by four and rounding to the nearest whole number. We will consider only engine families with annual U. S. directed production volumes above 1,500 units in calculating the number of engine families subject to testing each calendar year under the annual 25 percent engine family limit. In addition, for model year 2007 through 2009, identical engine families that are split into two families under § 86.007 15( m)( 9) will count as only one engine family. If you have only three or fewer families that each exceed an annual U. S. directed production volume of 1,500 units, or if you have no engine families above this limit, we may select one engine family per calendar year for testing.

( 2) Over any four year period, we will not select more than the average number of engine families that you have certified over that four year period ( the model year when the selection is made and the preceding three model years), based on rounding the average value to the nearest whole number.

( b) If there is clear evidence of a nonconformity with regard to an engine family, we may select that engine family without counting it as a selected engine family under paragraph ( a) of this section. We will consult with you in reaching a conclusion whether clear evidence of a nonconformity exists for any engine family. In general, there is clear evidence of a nonconformity regarding an engine family under this subpart in any of the following cases:

( 1) The engine family is a carry over from an engine family you tested under this subpart and was subsequently remedied based at least in part on the Phase 1 or Phase 2 testing outcomes described in § 86.1915.

( 2) The engine family is a carry over from an engine family that was remedied based on an EPA in use testing program.

( c) We may select any individual engine family for testing, regardless of its production volume, as long as we do not select more than the number of engine families described in paragraph ( a) of this section. We may select an engine family from the current model year or any previous model year except that we will not select any engine families from model years before 2007 beginning in calendar year 2007 for all emissions testing other than PM testing and beginning in calendar year 2008 for PM emissions testing.

( d) You must complete all the required testing and reporting under this subpart within 18 months after we direct you to test a particular engine family. We will typically select engine families for testing and notify you in writing by June 1 of the applicable calendar year. You may ask for up to six months longer to complete Phase 2 testing if you can justify the need for more time.

( e) If you make a good faith effort to access enough test vehicles to complete Phase 1 or Phase 2 Draft vEMA April 26, 2005 6 testing requirements under this subpart for an engine family, but are unable to do so, you must ask us either to modify the testing requirements for the selected engine family or, in the case of Phase 1 testing, to select a different engine family.

( f) After you complete the in use testing requirements for an engine family that we selected for testing in a given calendar year, we may select that same family in a later year to evaluate the engine family's compliance closer to the end of its useful life. This would count as an additional engine family selection under paragraph ( a) of this section, except as described in paragraph ( b) of this section.

( g) For any communication related to this subpart, contact the Engine Programs Group Manager ( 6405 J), U. S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington,

DC 20460.

§ 86.1908 How must I select and screen my in use engines?

( a) Once we direct you to do testing under this subpart, you must make arrangements to select test vehicles and engines that meet the following criteria:

( 1) The engines must be representative of the engine family.

( 2) The usage of the vehicles must be representative of typical usage for the vehicles'

particular application.

( 3) The vehicles come from at least two independent sources.

( 4) The engines have been properly maintained and used.

( 5) The engines have not been tampered with, rebuilt or undergone major repair that could be expected to affect emissions.

( 6) The engines have not been misfueled. For example, an engine may be misfueled if operated on a biodiesel fuel blend that is both expressly prohibited by the manufacturer and identified as voiding the manufacturer's warranty, as describedindicated as an unacceptable fuel in the vehicle's owner or operator manual. An engine is not misfueled if operated on any other biodiesel fuel blend.

( 7) The engines do not have an illuminated MIL or stored OBD trouble code that lead you to reject the vehicle from the test program as described in § 86.1910( b)( 2).

( 8) The vehicles are likely to operate for at least three hours ( excluding idle) over a complete shift day, as described in § 86.1910( g).

( 9) The vehicles have not exceeded the applicable useful life, in miles or years ( see subpart A of this part); you may otherwise not exclude engines from testing based on their age or Draft vEMA April 26, 2005 7 mileage.

( b) You must keep any records of a vehicle's maintenance and use history you obtain from the owner or operator, as required by § 86.1925. You must report the engine's maintenance and use history and information related to the OBD system, as described in § 86.1920.

( c) You must notify us before rejecting a candidate vehicle for reasons other than failing to meet the acceptance criteria in paragraph ( a) of this section. A candidate vehicle is any prospective vehicle you have identified to potentially fulfill your testing requirements under this subpart.

Include your reasons for rejecting each vehicle. We may allow you to replace the rejected vehicle with another candidate vehicle to meet your testing requirements for the specific engine family.

( d) You must report when, how, and why you reject candidate vehicles, as described in § 86.1920.

§ 86.1910 How must I prepare and test my in use engines?

( a) You must limit maintenance to what is in the owners manual for engines with that amount of service and age. For anything we consider an adjustable parameter ( see § 86.094 21( b)( 1)( ii) and § 86.094 22( e)), you may adjust that parameter only if it is outside of its adjustable range. You must then set the adjustable parameter to the mid point of its adjustable range or your recommended setting, unless we approve your request to do otherwise. You must receive permission from us before adjusting anything not considered to be an adjustable parameter. You must keep records of all maintenance and adjustments, as required by § 86.1925. You must send us these records, as described in § 86.1920( a)( 3)( x), unless we instruct you not to send them.

( b) You may treat a prospective test vehicle with an illuminated MIL or stored trouble code as follows:

( 1) If the length of MIL illumination or trouble code storage is consistent with proper maintenance and use, either test the prospective vehicle as received or repair the vehicle before testing. If you repair the vehicle, you must describe the MIL or trouble code information in your report under § 86.1920.

( 2) If the length of MIL illumination or trouble code storage is inconsistent with proper maintenance and use, either test the prospective vehicle as received or reject the vehicle from the test program and replace it with another vehicle. If you reject the vehicle, you must describe the MIL or trouble code information in your report under § 86.1920.

( 3) If a MIL is illuminated or a trouble code is set during an in use test, do one of the following: Draft vEMA April 26, 2005 8 ( i) Stop the test, repair the vehicle, and restart the testing. In this case, only the portion of the full test results without the MIL illuminated or trouble code set would be used in the vehicle pass determination as described in § 86.1912. Describe the MIL or trouble code information in your report under § 86.1920.

( ii) Stop the test, repair the vehicle, and initiate a new test. In this case, only the postrepair test results would be used in the vehicle pass determination as described in § 86.1912. Describe the MIL or trouble code information in your report under § 86.1920.

( c) You should use appropriate fuels for testing as follows:

( 1) Any diesel fuel that meets the ASTM D975 specifications for No. 2 D S500 or No. 2 D S15, as required in the calendar year that in use testing occurs ( incorporated by reference in § 86.1).

( 2) Any biodiesel fuel blend that is not botheither expressly prohibited by the manufacturer and identified as voiding the manufacturer's warranty, as describedallowed or not otherwise indicated as an unacceptable fuel in the vehicle's owner or operator manual.

( 3) You may drain a prospective vehicle's fuel tank( s) and refill the tank( s) with diesel fuel conforming to ASTM D975 specifications described in paragraph ( c)( 1) of this section.

( 34) Any fuel that is added to the fuel tank( s) of a prospective test vehicle, or during an in use test, must be purchased at a local retail establishment near the site of vehicle procurement or screening, or along the test route.

( 45) No post refinery fuel additives are allowed except that one or more specific fuel additives may be used during in use testing if you can document that the owner/ operator of the prospective test vehicle normally uses the fuel treatment( s), and the fuel additive( s) is not prohibited in the vehicle's owner or operator manual.

( 6) You may take fuel samples from test vehicles to ensure that appropriate fuels were used during in use testing. If a vehicle fails the vehicle pass criteria and you can show that an inappropriate fuel was used during the failed test, that particular test may be voided. You may drain the vehicle's fuel tank( s) and refill the tank( s) with diesel fuel conforming to the ASTM D975 specifications described in paragraph ( c)( 1) of this section. You must report any fuel tests that are the basis of voiding a test in your report under § 86.1920.

( d) You must test the selected engines while they remain installed in the vehicle. Use portable emission sampling equipment and field testing procedures referenced in § 86.1375. Measure emissions of THC; NMHC by any method specified in 40 CFR part 1065, subpart J; CO; NOx;

PM ( as appropriate); O 2; and CO 2. Draft vEMA April 26, 2005 9 ( e) For Phase 1 testing, you must test the engine under conditions reasonably expected to be encountered during normal vehicle operation and use consistent with the general NTE requirements described in § 86.1370 2007( a). For the purposes of this subpart, normal operation and use would generally include consideration of the vehicle's normal routes and loads ( including auxiliary loads such as air conditioning in the cab), normal ambient conditions, and the normal driver.

( f) For Phase 2 testing, we may give specific directions, as described in § 86.1915( c)( 2).

( g) Once an engine is set up for testing, test the engine for at least one shift day. To complete a shift day's worth of testing, start sampling at the beginning of a shift and continue sampling for the whole shift, subject to the calibration requirements of the portable emissions measurement systems. A shift day is the period of a normal workday for an individual employee. If the first shift day of testing does not involve at least 3 hours of accumulated non idle operation, repeat the testing for a second shift day. If the second shift day of testing also does not result in least 3 hours of accumulated non idle operation, you may choose whether or not to continue testing with that vehicle. If after 2 shift days you discontinue testing before accumulating 3 hours of non idle operation, evaluate the valid NTE samples as described in § 86.1912 and include the data in the reporting and recordkeeping requirements specified in § § 86.1920 and 1925. Count the engine toward meeting your testing requirements under this subpart and use the data for deciding whether additional engines must be tested under the applicable Phase 1 or Phase 2 test plan.

( h) You have the option to test longer than the 2 shift day period described in paragraph ( g) of this section.

( hi) You may count a vehicle as meeting the vehicle pass criteria described in § 86.1912 if two shift days of testing, or if the extended testing you elected under paragraph ( h) of this section,

does not generate a single valid NTE sampling event, as described in § 86.1912 ( c). Count the engine towards meeting your testing requirements under this subpart.

( ij) You may ask us to waive measurement of particular pollutants or other emissions if you can show that in use testing for such pollutants is not necessary.

§ 86.1912 How do I determine whether an engine meets the vehicle pass criteria?

In general, the average emissions for each regulated pollutant must remain at or below the NTE threshold in paragraph ( a) of this section for at least 90 percent of the valid NTE sampling events,

as defined in paragraph ( b) of this section. For 2007 through 2009 model year engines, the average emissions from every NTE sampling event must also remain below the NTE thresholds in Draft vEMA April 26, 2005 10 paragraph ( f)( 2) of this section. Perform the following steps to determine whether an engine meets the vehicle pass criteria:

( a) Determine the NTE threshold for each pollutant subject to an NTE standard by adding all three of the following terms and rounding the result to the same number of decimal places as the applicable NTE standard:

( 1) The applicable NTE standard.

( 2) The in use compliance testing margin specified in § 86.007 11( h), if any.

( 3) An accuracy margin for portable in use equipment when testing is performed under the special provisions of § 86.1930 depending on the pollutant as follows:

( i) NMHC. 0.17 grams per brake horsepower hour.

( ii) CO. 0.60 grams per brake horsepower hour.

( iii) NOx. 0.5 grams per brake horsepower hour.

( iv) PM. 0.10 grams per brake horsepower hour.

( 4) [ Reserved]

( b) For the purposes of this subpart, a valid NTE sampling event consists of at least 30 seconds of continuous operation in the NTE control area. An NTE event begins when the engine starts to operate in the NTE control area and continues as long as engine operation remains in this area ( see § 86.1370). When determining a valid NTE sampling event, exclude all engine operation in approved NTE carve outs under § 86.1370 2007( b)( 6) and any approved NTE deficiencies under § 86.007 11( a)( 4)( iv). Exclude any portion of a sampling event that would otherwise exceed the 5.0 percent limit for the time weighted carve out defined in § 86.1370 2007( b)( 7). For EGRequipped engines, exclude any operation that occurs during the cold temperature operation defined by the equations in § 86.1370 2007( f)( 1).

( c) Calculate the average emission level for each pollutant over each valid NTE sampling event ( in g/ bhp hr) by dividing the mass of emissions ( grams) by the work done during that period of operation ( brake horsepower hour). Round the resulting value to the same number of decimal places as the applicable NTE threshold. Calculate the average emission level as follows:

Where:

E j = an individual emissions measurement at measurement interval j within sampling event I ( g),

w j = an individual measurement of work output ( bhp hr) at measurement interval j within sampling event i, and Draft vEMA April 26, 2005 11 t = the duration of the NTE sampling event I ( sec). as specified in 40 CFR part 1065, subpart G, using each NTE event as an individual test interval.

( d) Calculate a time weighted vehicle pass ratio ( R pass). To do this, first sum the time from each valid NTE sampling event whose average emission level is at or below the NTE threshold for anyeach pollutant, then divide this value by the sum of the engine operating time from all valid NTE samples. Round the resulting vehicle pass ratio to two decimal places.

( 1) Calculate the time weighted vehicle pass ratio as follows:

R t t m n k n pass pass = =

=

1 1 total Where:

n pass = the number of valid sampling events for which the average emission level is at or below the NTE threshold, and n total = the total number of valid sampling events.

( 2) For both the numerator and the denominator of the vehicle pass ratio, use the smallest of the following values for determining the duration ( t) of any NTE sampling event:

( i) The measured time of operation in the NTE control area for that NTE sampling event.

( ii) 600 seconds.

( iii) 10 times the length of the shortest valid NTE sample for all testing with that engine. Draft vEMA April 26, 2005 12 ( e) The following example illustrates how to select the duration of NTE sampling events for calculations, as described in paragraph ( d) of this section:

NTE sample Duration of NTE sample ( seconds) Duration Limit Applied? Duration used in calculations ( seconds)

1 45 No 45 2 168 No 168 3 605 Yes. Use 10 times shortest valid NTE. 450 4 490 Yes. Use 10 times shortest valid NTE. 450 5 65 No 65 ( f) Engines meet the vehicle pass criteria under this section if they meet both of the following criteria:

( 1) The vehicle pass ratio calculated according to paragraph ( d) of this section must be at least 0.90.

( 2) For model year 2007 through 2009 engines, emission levels from all valid NTE sampling events must be less than 2.0 times the NTE thresholds calculated according to paragraph ( ba)

of this section for all pollutants, except that engines certified to a NOx FEL at or below 0.50 g/ bhp hr may meet the vehicle pass criteria for NOx if measured NOx emissions from all valid NTE samples are less than either 2.0 times the NTE threshold for NOx or 2.0 g/ bhp hr,

whichever is greater.

§ 86.1915 What are the requirements for Phase 1 and Phase 2 testing?

For all selected engine families, you must do the following:

( a) To determine the number of engines you must test from each selected engine family under Phase 1 testing, use the following criteria: Draft vEMA April 26, 2005 13 ( 1) Start by measuring emissions from five engines using the procedures described in § 86.1375. If all five engines comply fully with the vehicle pass criteria in § 86.1912 for all pollutants, you may stop testing. This completes your testing requirements under this subpart for the applicable calendar year for that engine family.

( 2) If one of the engines tested under paragraph ( a)( 1) of this section fails to comply fully with the vehicle pass criteria in § 86.1912 for one or more pollutants, test one more engine. If this additional engine complies fully with the vehicle pass criteria in § 86.1912 for all pollutants,

you may stop testing. This completes your testing requirements under this subpart for the applicable calendar year for that engine family.

( 3) If your testing results under paragraphs ( a)( 1) and ( 2) of this section do not satisfy the criteria for completing your testing requirements under those paragraphs for all pollutants, test four additional engines so you have tested a total of ten engines.

( 4) An engine that fails to fully comply with the vehicle pass criteria in § 86.1912 for any pollutant does not comply with the vehicle pass criteria in § 86.1912 for the purposes of determining the number of engines to test from each selected engine family under this paragraph.

( b) For situations where a total of ten engines must be tested under paragraph ( a)( 3) of this section, the results of Phase 1 testing lead to the following outcomes:

( 1) If at least eight of the ten engines comply fully with the vehicle pass criteria in § 86.1912 for all pollutants, you may stop testing. This completes your testing requirements under this subpart for the applicable calendar year for that engine family.

( 2) If six or seven vehicles from the Phase 1 sample of test vehicles comply fully with the vehicle pass criteria in § 86.1912 for all pollutants, then you must engage in follow up discussions with us to determine whether any further testing ( including Phase 2 testing), data submissions, or other actions may be warranted.

( 3) If fewer than six of the ten engines tested under paragraph ( a) of this section comply fully with the vehicle pass criteria in § 86.1912 for all pollutants, we may require you to initiate Phase 2 testing, as described in paragraph ( c) of this section.

( 4) You may under any circumstances elect to conduct Phase 2 testing following the completion of Phase 1 testing. All the provisions of paragraph ( c) of this section apply to this Phase 2 testing.

( c) If you perform Phase 2 testing for any reason, test your engines as follows: Draft vEMA April 26, 2005 14 ( 1) You must test ten engines using the test procedures described in § 86.1375 2007, unless we require you to test fewer vehicles.

( 2) We may give you any of the following additional directions in selecting and testing engines:

( i) We may require you to select a certain subset of your engine family. This may include,

for example, engines within a specific power range, engines used in particular applications,

or engines installed in vehicles from a particular manufacturer.

( ii) We may direct you to test engines in a way that simulates the type of driving and ambient conditions associated with high emissions experienced during Phase 1 testing.

( iii) We may direct you to test engines in a specific state or any number of contiguous states.

( iv) We may direct you to select engines from the same sources used for previous testing,

or from different sources.

( v) We may require that you complete your testing and reporting under Phase 2 within a certain period. This period may not be shorter than three months and must allow a reasonable amount of time to identify and test enough vehicles.

§ 86.1917 How does in use testing under this subpart relate to the emission related warranty in Section 207( a)( 1) of the Clean Air Act?

( a) An exceedance of the NTE found through the in use testing program under this subpart is not by itself sufficient to show a breach of warranty under Clean Air Act section 207( a)( 1) ( 42 U. S. C.

7541( a)( 1)). A breach of warranty would also require one of the following things:

( 1) That, at the time of sale, the engine or vehicle was designed, built, and equipped in a manner that does not conform in all material respects reasonably related to emission controls to the engine as described in the application for certification and covered by the certificate; or ( 2) A defect in materials or workmanship of a component causes the vehicle or engine to fail to conform to the applicable regulations for its useful life.

( b) To the extent that in use NTE testing does not reveal such a material deficiency at the time of sale in the design or manufacture of an engine compared with the certified engine, or a defect in the materials and workmanship of a component or part, test results showing an exceedence of the NTE by itself would not show a breach of the warranty under 42 U. S. C. 7541( a)( 1). Draft vEMA April 26, 2005 15 § 86.1920 What in use testing information must I report to EPA?

( a) Send us an electronic notification at application ci_ cert@ epa. gov describing any voluntarily testing you intend to conduct with portable in use measurement systems on the same engine families that are being tested under this subpart, from the time that engine family was selected for in use testing under § 86.1905 until the final results of all testing for that engine family are reported to us under this section.

( b) Send us an electronic notification at application ci_ cert@ epa. gov within 15 days after your initial review of the test data for a selected engine family indicates that the third engine in Phase 1 testing failed to comply with the vehicle pass criteria. Similarly, send us an electronic notification at the above electronic address within 3 days after your initial review of the test data for a selected engine family indicates that any engine in Phase 2 testing failed to comply with the vehicle pass criteria.

( c) Within 30 days after the end of each calendar quarter, send us reports containing the test data from each engine for which testing was completed during the calendar quarter. Alternatively, you may separately send us the test data within 30 days after you complete testing for an engine.

Once you send us information under this section, you need not send that information again in later reports. Prepare your test reports as follows:

( 1) For each engine family, describe how you recruited vehicles. Describe how you used any criteria or thresholds to narrow your search or to screen individual vehicles.

( 2) Include a summary of the candidate vehicles you have rejected and the reasons you rejected them, whether you base the rejection on the criteria in § 86.1908( a) or anything else.

If you rejected a candidate vehicle due to misfueling, included the results of any fuel sample tests.

( 3) For the test vehicle, include the following background information:

( i) The EPA engine family designation, and the engine's model number, total displacement, and power rating.

( ii) The applicable test phase ( Phase 1 or Phase 2).

( iii) The date EPA selected the engine family for testing.

( iv) The vehicle's make and model and the year it was built.

( v) The vehicle's type or application ( such as delivery, line haul, or dump truck). Also,

identify the type of trailer, if applicable.

( vi) The vehicle owner's name, address, phone number, and e mail address.

( vii) The vehicle's maintenance and use history. Draft vEMA April 26, 2005 16 ( viii) The known status history of the vehicle's OBD system and any actions the owner or operator took to address OBD trouble codes or MIL illumination over the vehicle's lifetime.

( ixviii) Any OBD codes or MIL illumination that occur after you accept the vehicle for inuse testing under this subpart.

( xix) Any steps you take to maintain, adjust, modify, or repair the vehicle or its engine to prepare for or continue testing, including actions to address OBD trouble codes or MIL illumination. Include any steps you took to drain and refill the vehicle's fuel tank( s) to correct misfueling, and the results of any fuel test conducted to identify misfueling.

( 4) For each test, include the following data and measurements:

( i) The date and time of testing, and the test number.

( ii) Shift days of testing ( see § 86.1910 ( g)), duration of testing, and the total hours of nonidle operation.

( iii) Route and location of testing. You may base this description on the output from a global positioning system.

( iv) The steps you took to ensure that vehicle operation during testing was consistent with normal operation and use, as described in § 86.1910( e).

( v) Fuel specifications, test results if availableconducted under § § 86.1908 and 86.1910.

( vi) The vehicle's mileage at the start of the test. Include the engine's total lifetime hours of operation, if available.

( vii) Ambient temperature, dewpoint, and barometric pressure at the start and finish of each valid NTE event.

( viii) The number of valid NTE events ( see § 86.1912( c)), and the percent of measured operating time in the NTE zone ( both for valid NTE events and for instantaneous excursions).

( ix) Average emissions for each pollutant over each valid NTE event. Describe the method you used to determine NMHC as specified in 40 CFR part 1065, subpart J. See Appendix I of this subpart for an example of graphically summarizing NTE emission results.

( x) Exhaust flow measurements.

( xi) Vehicle pass ratio ( see § 86.1912( d)).

( xii) Recorded one hertz test data for all the parameters specified in 40 CFR part 1065,

subpart J. Report results for methane if it was measured and you used it to determine Draft vEMA April 26, 2005 17 NMHC. Also, include any other relevant parameters electronically sensed, measured,

calculated, or otherwise stored by the engine's onboard computer such as any parameters used to modulate the emission control system.

( 5) For each engine family, identify the applicable requirements, as follows:

( i) Identify the applicable NTE thresholds.

( ii) Identify the approved NTE carve outs under § 86.1370 2007( b)( 6) and § 86.1370

2007( b)( 7).

( iii) Identify any approved NTE deficiencies under § 86.007 11( a)( 4)( iv).

( 6) Include the following summary information after you complete testing with the engine:

( i) State whether the engine meets the vehicle pass criteria in § 86.1912( f).

( ii) Identify how many engines you have tested from the applicable engine family and how many engines still need to be tested.

( iii) Identify how many engines from an engine family have passed the vehicle pass criteria and the number that have failed the vehicle pass criteria ( see § 86.1912( f)).

( iv) If possible, state the outcome of Phase 1 testing for the engine family based on the criteria in § 86.1915( b).

( d) In your reports under this section, you must do all the following:

( 1) Include results from all emission testing required under this subpart.

( 2) Describe if any testing or evaluations were conducted to determine why a vehicle failed the vehicle pass criteria in § 86.1912.

( 3) Describe the purpose of any diagnostic procedures you conduct.

( 4) Describe any instances in which the OBD system illuminated the MIL or set trouble codes.

Also describe any approved actions taken to address the trouble codes or MIL.

( 5) Describe any instances of misfueling, the approved actions taken to address the problem,

and the results of any associated fuel sample testing.

( 6) Describe any incomplete or invalid tests that were conducted under this subpart.

( e) We may ask you to send us less information in your reports under this section.

( f) Send us electronic reports at application ci_ cert@ epa. gov using an approved information format. If you want to use a different format, send us a written request with justification.

( g) We may require you to send us more information to evaluate whether your engine family meets the requirements of this part. Draft vEMA April 26, 2005 18 § 86.1925 What records must I keep?

( a) Organize and maintain your records as described in this section. We may review your records at any time, so it is important to keep required information readily available.

( b) Keep the following paper or electronic records of your in use testing for five years after you complete all the testing required for an engine family:

( 1) Keep a copy of the reports described in § 86.1920.

( 2) Keep any additional records, including forms you create, related to any of the following:

( i) The procurement and vehicle selection process described in § 86.1908, including the vehicle owner's name, address, phone number, and e mail address.

( ii) Pre test maintenance and adjustments to the engine performed under § 86.1910.

( iii) Test results for all void, incomplete, and voluntary testing described in § 86.1920 ( iv) Evaluations to determine why a vehicle failed the vehicle pass criteria described in § 86.1912.

( 3) Keep a copy of the relevant calibration results required by 40 CFR part 1065.

§ 86.1930 What special provisions apply from 2005 through 2007?

We may direct you to test engines under this subpart for emissions other than PM in 2005 and 2006, and for PM emissions in 2006 and 2007. In these interim periods, all the provisions of this subpart apply, with the following exceptions:

( a) We will only select engine families for testing of emissions other than PM when the manufacturer's Statement of Compliance specifically describes the family as being designed to comply with NTE requirements.

( b) You may limit your testing under Phase 1 to a maximum of five vehicles per selected engine family only if you participate in the test program described in § 86.1935( a).

( bc) We will not direct you to do the Phase 2 testing in § 86.1915( c), regardless of measured emission levels.

( cd) For purposes of calculating the NTE thresholds under § 86.1912( a) for any 2006 and earlier model year engine, determine the applicable NTE standards as follows:

( 1) Any numerical NTE requirements specified in the terms of any consent decree that apply to the engine family under this subpart.

( 2) If a numerical NTE requirement is not specified in a consent decree for the engine family,

the NTE standards are 1.25 times the applicable FELs or the applicable emission standards specified in § 86.004 11( a)( 1) or § 86.098 11( a)( 1). Draft vEMA April 26, 2005 19 ( de) You must submit the deficiencies and carve outs report described in § 86.007 11( a)( 4)( vi) for 2006 and earlier model year engines tested under this section. You must submit this information in the report required in § 86.1920( c).

( f) Testing under this section may be extended to other years as described in § 86.1935( d).

§ 86.1935 What special provisions may apply as a consequence of a delay in the accuracy margin report for portable emission measurement systems?

( a) A memorandum entitled, " Memorandum of Agreement, Program to Develop Emission Measurement Accuracy Margins for Heavy Duty In Use Testing" is incorporated by reference.

describes a test program for establishing measurement accuracy related to testing under this subpart. This document is available at http:// www. epa. gov/ otaq/ hd hwy. htm or at the mailing address specified in § 86.1905( g).

( b) If one or more engine manufacturers fail to meet commitments under the agreement described in paragraph ( a) of this section and such a failure results in a delay in the final written report for either gaseous emissions ( NOx, NMHC and CO) or PM emissions described in the agreement, the following provisions apply for the respective pollutant type ( gaseous or PM emissions):

( 1) If the delay is 3 months or less, we will delay the designation of engine families for testing in the applicable calendar year, as described in § 86.1905( d), by the same number of additional whole months ( rounded up) needed to complete the report.

( 2) If the delay is more than 3 months, the provisions of this subpart will not apply for the otherwise applicable calendar year ( 2007 for gaseous emissions and 2008 for PM emissions),

subject to the following provisions:

( i) We may identify the number of engine families that would otherwise have been designated for testing in that calendar year for the delayed pollutant type and direct manufacturers to test that number of engine families in any later calendar year once the provisions of this subpart begin for that pollutant type, without counting these accumulated engine families toward the allowable annual cap on the number of engine families specified in § 86.1905.

( ii) A delay for PM emissions would not be a sufficient basis for delaying the program for gaseous emissions. Similarly, a delay for gaseous emissions would not be a sufficient basis for delaying the program for PM emissions. Draft vEMA April 26, 2005 20 ( iii) The normal 18 month period for testing and reporting results specified in § 86.1905( d)

is extended to 24 months for any accumulated engine family designation described in paragraph ( b)( 2)( i) of this section.

( 3) If the delay is longer than 12 months, follow the approach established under paragraphs ( b)( 1) and ( 2) of this section for the applicable calendar year.

( c) We may determine that any individual manufacturer's failure under paragraph ( b) of this section constitutes a failure by all engine manufacturers.

( d) If there is a delay in receiving the written final report for either gaseous emissions or PM emissions described in the agreement referenced in paragraph ( a) of this section, and that delay is not attributable to engine manufacturers failing to meet their commitments under that agreement,

the following provisions apply for the respective pollutant type ( gaseous or PM emissions):

( 1) If the delay is 3 months or less, we will delay the designation of engine families for testing in the applicable calendar year, as described in § 86.1905( d), by the same number of additional whole months ( rounded up) needed to complete the report.

( 2) If the delay is more than 3 months, we may continue to designate engine families for testing under the special provisions described in § 86.1930.

( 3) If the delay is longer than 12 months, follow the approach established under paragraphs ( da)( 1) and ( 2) of this section for the applicable calendar year.

( e) Nothing in this section affects our ability to select engines from any model year beginning with model year 2007.

( f) If we determine that fundamental technical problems with portable in use PM measurement systems are not resolvable in a reasonable time, the provisions of this subpart, as they apply to PM, will go into abeyance until we determine that suitable emission measurement devices are available for in use testing.

( g) Engine manufacturers contributing to the test programs described in the agreement referenced in paragraph ( a) of this section may limit their testing under the special provisions described in § 86.1930 to five engines in each designatedselected engine family.

Appendix I to Subpart T   Sample Graphical Summary of NTE Emission Results The following figure shows an example of a graphical summary of NTE emission results:

[ NOTE: Add the graphic back to the final version.]


[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Notices]
[Pages 48946-48947]
[FR Doc No: 2023-16044]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0081]

Entry-Level Driver Training Requirements; Training Departments of
Millis Transfer LLC (Millis Training Institute (MTI)); Heartland
Express (Heartland Training Institute (HTI)); and Contract Freighter's
Inc. (CFI); Application for Exemption

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

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

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

SUMMARY: FMCSA announces that it has received a joint application from
the training departments of Millis Transfer LLC (Millis Training
Institute (MTI)); Heartland Express (Heartland Training Institute
(HTI)); and Contract Freighter's Inc. (CFI) requesting an exemption
from the entry-level driver training regulations requiring that a
behind-the-wheel (BTW) training instructor have at least two years'
experience driving a commercial motor vehicle (CMV) or two years'
experience as a BTW CMV instructor, as set forth in the definition of
behind-the-wheel instructor. MTI conducts training for all three
companies and describes its trainer evaluation process as ``second to
none.'' FMCSA requests public comment on the applicants' request for
exemption.

DATES: Comments must be received on or before August 28, 2023.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number (FDMS) FMCSA-2023-0081 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Docket Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Each submission must include the Agency name and the docket number
(FMCSA-2023-0081) for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001 between 9 a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice DOT/ALL-14 FDMS, which can be reviewed at
https://www.transportation.gov/privacy, the comments are searchable by
the name of the submitter.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards;<PHONE_NUMBER> or [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Dockets Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2023-0081), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means.

FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so the
Agency can contact you if it has questions regarding your submission.
    To submit your comment online, go to www.regulations.gov and put
the docket number ``FMCSA-2023-0081'' in the ``Keyword'' box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, click the ``Comment'' button, and type your
comment into the text box on the following screen. Choose whether you
are submitting your comment as an individual or on behalf of a third
party and then submit. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope. FMCSA
will consider all comments and material received during the comment
period.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from certain Federal Motor Carrier Safety Regulations. FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

III. Applicant's Request

    The applicants seek an exemption from the BTW instructor
qualification requirements as set forth in the definition of ``Behind-
the-wheel (BTW) instructor'' in FMCSA's entry level driver training
regulations (49 CFR 380.605). The applicants state that the two-year
experience requirement for BTW instructors impedes their ability to
hire enough trainers to meet the demand. The applicants further explain
that MTI conducts training for all three acquired companies and believe
MTI's pre-ELDT policy of a one-year minimum experience for its over-
the-road (OTR) trainers and its ``extensive'' safety evaluation of
those trainers has allowed it to be a positive contributor to highway
safety.
    MTI reports an estimated student enrollment of 500 to 700 students
for 2023 for all three companies. Its 131 trainers currently spend up
to 90 days with a student before letting them drive solo and because of
the shortage of trainers, MTI will have to turn some students away. The
proposed exemption would allow MTI to continue its one-year minimum
training experience requirement so that it can add another 90 to 150
BTW trainers to its current trainer group. Should the exemption be
granted, these additional trainers would be allowed to conduct BTW
training without meeting the two-year minimum requirement for BTW
instructors.
    A copy of the application for exemption is included in the docket
for this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on this joint application for an
exemption from the BTW instructor qualification requirements in 49 CFR
380.605. All comments received before the close of business on the
comment closing date indicated at the beginning of this notice will be
considered and will be available for examination in the docket at the
location listed under the Addresses section of this notice. Comments
received after the comment closing date will be filed in the public
docket and will be considered to the extent practicable. In addition to
late comments, FMCSA will continue to file, in the public docket,
relevant information that becomes available after the comment closing
date. Interested persons should continue to examine the public docket
for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-16044 Filed 7-27-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 81, Number 50 (Tuesday, March 15, 2016)]
[Notices]
[Pages 13804-13805]
[FR Doc No: 2016-05720]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-0781]

Final Results of Study of Workload Volume and Full Costs
Associated With Review of Biosimilar Biological Product Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the final results of a study of
the workload volume and full costs associated with the process for the
review of biosimilar biological product applications (final report).
This study was conducted by an independent consulting firm, and it
fulfills FDA's statutory requirement under the first authorization of
the Biosimilar User Fee Act of 2012 (BsUFA), which enables FDA to
collect user fees for the review of biosimilar biological applications
for fiscal years 2013 to 2017. This notice solicits comments on the
final report.

DATES: The report will be released on or before March 17, 2016. Submit
either electronic or written comments on the final report by April 14,
2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked, and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-N-0781 for ``Final Results of the Study of Workload Volume and
Full Costs Associated With Review of Biosimilar Biological Product
Applications.'' Received comments will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at http://www.regulations.gov or at the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper

submission. You should submit two copies total. One copy will include
the information you claim to be confidential with a heading or cover
note that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.''
The Agency will review this copy, including the claimed confidential
information, in its consideration of comments. The second copy, which
will have the claimed confidential information redacted/blacked out,
will be available for public viewing and posted on http://www.regulations.gov. Submit both copies to the Division of Dockets
Management. If you do not wish your name and contact information to be
made publicly available, you can provide this information on the cover
sheet and not in the body of your comments and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Mark Ascione, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 1150, Silver Spring, MD 20993-0002, 301-
796-7652, FAX:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Patient Protection and Affordable Care Act of 2010 (Pub. L.
111-148) amended the Public Health Service Act to create an abbreviated
licensure pathway for biological products that are demonstrated to be
``biosimilar'' to or ``interchangeable'' with an FDA-licensed
biological product. The Federal Food, Drug, and Cosmetic Act (the FD&C
Act), as amended by BsUFA (Title IV of the Food and Drug Administration
Safety and Innovation Act, Pub. L. 112-114), authorizes FDA to assess
and collect fees for biosimilar biological products from October 2012
through September 2017. FDA uses these fees to expedite the review
process for biosimilar biological products. Biosimilar biological
products represent an important public health benefit, with the
potential to offer life-saving or life-altering benefits at reduced
cost to the patient. BsUFA facilitates the development of safe and
effective biosimilar products for the American public.
    As part of BsUFA, FDA is required to contract with an independent
accounting or consulting firm to study the workload volume and full
costs associated with the process for the review of biosimilar
biological product applications. This notice solicits comments on the
final report. The final report is described in section 744I(d) of the
FD&C Act (21 U.S.C. 379j-53(d)) (http://uscode.house.gov/view.xhtml?req=granuleid:U.S.C.-prelim-title21-section379j-53#=0&edition=prelim), as amended by the Food and Drug
Administration Safety and Innovation Act enacted in 2012 (http://www.gpo.gov/fdsys/pkg/PLAW-112publ144/pdf/PLAW-112publ144.pdf). (FDA
has verified the Web site addresses, as of the date this document
publishes in the Federal Register, but Web sites are subject to change
over time.)

II. Electronic Access

    The final report can be accessed at http://www.fda.gov/ForIndustry/UserFees/BiosimilarUserFeeActBsUFA/ucm459682.htm.

    Dated: March 9, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-05720 Filed 3-14-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Rules and Regulations]
[Pages 5365-5367]
[FR Doc No: 2017-00410]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9058; Directorate Identifier 2016-NM-024-AD;
Amendment 39-18771; AD 2017-01-04]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Fokker Services B.V. Model F28 Mark 0100 airplanes. This AD was
prompted by an analysis which determined that, for certain areas of the
fuselage, the current threshold of an Airworthiness Limitations Section
inspection is insufficient to detect early crack development. This AD
requires one time high and low frequency eddy current inspections of
the affected fuselage skin for cracks, and repair if necessary. We are
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective February 22, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 22,
2017.

ADDRESSES: For service information identified in this final rule,
contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357,
2130 EL Hoofddorp, the Netherlands; telephone: +31 (0)88-6280-350; fax:
+31 (0)88-6280-111; email<EMAIL_ADDRESS>Internet
http://www.myfokkerfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. 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 and locating
Docket No. FAA-2016-9058.

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-2016-
9058; 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 AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket 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 FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

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 certain Fokker Services
B.V. Model F28 Mark 0100 airplanes. The NPRM published in the Federal
Register on September 8, 2016 (81 FR 62029) (``the NPRM''). The NPRM
was prompted by an analysis which determined that, for certain areas of
the fuselage, the current threshold of an Airworthiness Limitations
Section inspection is insufficient to detect early crack development.
The NPRM proposed to require one time high and low frequency eddy
current inspections of the affected fuselage skin for cracks, and
repair if necessary. We are issuing this AD to detect and correct
cracks in the fuselage skin; such cracking could result in reduced
structural integrity of the fuselage.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive Airworthiness Directive 2016-0029R1, dated
November 17, 2016 (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Fokker Services B.V. Model F28 Mark 0100
airplanes. The MCAI states:

    A complementary fatigue and damage tolerance analysis was
accomplished by the design approval holder on the traffic collision
avoidance system (TCAS) antenna installation on the top of the
fuselage between station (STA) 6805 and STA7305. Based on the
results, it was determined that for the affected area, the current
58 000 flight cycles (FC) threshold of Airworthiness Limitations
Section (ALS) inspection task 533001-00-20 and 533028-00-20 (special
detailed inspection of longitudinal lap joints) is insufficient to
timely detect possible crack development.
    This condition, if not detected and corrected, could affect the
structural integrity of the fuselage in this area.
    To address this potential unsafe condition, Fokker Services
published Service Bulletin (SB) SBF100-53-130 to provide inspection
instructions.
    Consequently, EASA issued AD 2016-0029 to require a one-time
inspection of the fuselage skin around the largest TCAS antenna
external doubler and of the longitudinal lap joint at stringer (STR)
37 between fuselage STA6805 and STA7305.
    Since that [EASA] AD was issued, it was discovered that another
ALS inspection task, 533028-00-20, is also related to this subject.
This [EASA] AD is revised to clarify that the inspection threshold
of both ALS inspection tasks has been re-assessed. It is expected
that a repetitive inspection task will be included in the ALS, which
will cover only the area close to the TCAS antenna installation. For
the remainder of the affected lap joint, no change is anticipated
and this will therefore continue to be inspected in accordance with
the existing ALS tasks.
    This [EASA] AD is still considered to be an interim action and
further [EASA] AD

action may follow. More information on this subject can be found in
Fokker Services All Operators Message AOF100.199#02.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9058.

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.

Revised MCAI AD

    Since the NPRM was issued, EASA revised 2016-0029, dated March 8,
2016. EASA AD 2016-0029R1, dated November 17, 2016, clarifies that the
inspection threshold of both ALS inspection tasks have been re-
assessed. The revised MCAI did not result in a change to the NPRM. We
have revised this AD to refer to EASA AD 2016-0029R1, dated November
17, 2016.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the change described
previously and 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 Fokker Service Bulletin SBF100-53-130, dated December
1, 2015. This service information describes one time high and low
frequency eddy current inspections for cracks of the fuselage skin.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 8 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection............................  1 work-hour x $85 per                 $0             $85            $680
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that will enable us to provide
cost estimates for the on-condition actions specified in this AD.

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2017-01-04 Fokker Services B.V.: Amendment 39-18771; Docket No. FAA-
2016-9058; Directorate Identifier 2016-NM 024-AD.

(a) Effective Date

    This AD is effective February 22, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F28 Mark 0100
airplanes, certificated in any category, serial numbers 11244
through 11407 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by an analysis which determined that, for
certain areas of the fuselage, the current threshold of an
Airworthiness Limitations Section inspection is insufficient to
detect early crack development. We are issuing this AD to detect and
correct cracks in the fuselage skin; such cracking could result in
reduced structural integrity of the fuselage.

(f) Compliance

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

(g) Inspection

    Within the compliance time specified in paragraphs (g)(1) and
(g)(2) of this AD, as applicable, do high and low frequency eddy
current inspections for cracks in the fuselage skin around the
largest traffic collision avoidance system (TCAS) antenna external
doubler and of the longitudinal lap joint at

fuselage stringer STR37 between fuselage station (STA) STA6805 and
STA7305, in accordance with the Accomplishment Instructions of
Fokker Service Bulletin SBF100-53-130, dated December 1, 2015.
    (1) For airplanes having 45,000 or more total flight cycles as
of the effective date of this AD, since the date of issuance of the
original airworthiness certificate or the date of issuance of the
original export certificate of airworthiness: Do the high and low
frequency eddy current inspections within 750 flight cycles after
the effective date of this AD.
    (2) For airplanes having 40,000 or more total flight cycles, but
less than 45,000 total flight cycles as of the effective date of
this AD, since the date of issuance of the original airworthiness
certificate or the date of issuance of the original export
certificate of airworthiness: Do the high and low frequency eddy
current inspections within 1,500 flight cycles after the effective
date of this AD.

(h) Corrective Action

    If any crack is found during any inspection required by
paragraph (g) of this AD: Before further flight, repair using a
method approved by the Manager, International Branch, ANM 116,
Transport Airplane Directorate, FAA; or the European Aviation Safety
Agency (EASA); or Fokker B.V. Service's EASA Design Organization
Approval (DOA).

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (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, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or
Fokker Services B.V.'s EASA DOA. If approved by the DOA, the
approval must include the DOA-authorized signature.

(j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
EASA AD 2016-0029R1, dated November 17, 2016, for related
information. This MCAI may be found in the AD docket on the Internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2016-9058.

(k) 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) Fokker Service Bulletin SBF100-53-130, dated December 1,
2015.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130
EL Hoofddorp, the Netherlands; telephone: +31 (0)88-6280-350; fax:
+31 (0)88-6280-111; email<EMAIL_ADDRESS>Internet
http://www.myfokkerfleet.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (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 Renton, Washington, on December 27, 2016.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-00410 Filed 1-17-17; 8:45 am]
 BILLING CODE 4910-13-P