[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Rules and Regulations]
[Pages 72569-72573]
[FR Doc No: 2015-28895]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-1043; Directorate Identifier 2013-NM-079-AD;
Amendment 39-18321; AD 2015-23-05]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A330-200, A330-200 Freighter, and A330-300 series
airplanes; and Model A340-200 and A340-300 series airplanes. This AD
was prompted by reports of cracked support strut body ends at a certain
frame location of the trimmable horizontal stabilizer (THS). This AD
requires repetitive inspections for cracking of the strut ends of the
THS support located at a certain frame in the tail cone, and
replacement if necessary; and reinstallation or installation of
reinforcing clamps on certain strut ends. We are issuing this AD to
detect and correct cracked support strut body ends of the THS, which
could lead to the loss of all four THS support struts, making the
remaining structure unable to carry limit loads, resulting in the loss
of the horizontal tail plane.

DATES: This AD becomes effective December 28, 2015.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 28,
2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-1043 or in person at the
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.
    For service information identified in this AD, contact Airbus SAS,
Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80;
email<EMAIL_ADDRESS>Internet http://www.airbus.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
425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
1043.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, 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 all Airbus Model A330-200,
A330-200 Freighter, and A330-300 series airplanes; and Model A340-200
and A340-300 series airplanes. The NPRM published in the Federal
Register on January 23, 2015 (80 FR 3510). The NPRM was prompted by
reports of cracked support strut body ends at a certain frame location
of the THS. The NPRM proposed to require repetitive inspections for
cracking of the strut ends of the THS support located at a certain
frame in the tail cone, and replacement if necessary; and
reinstallation or installation of reinforcing clamps on certain strut
ends. We are issuing this AD to detect and correct cracked support
strut body ends of the THS, which could lead to the loss of all four
THS support struts, making the remaining structure unable to carry
limit loads, resulting in the loss of the horizontal tail plane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0068, dated March 18, 2014 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model
A330-200, A330-200 Freighter, and A330-300 series airplanes; and Model
A340-200 and A340-300 series airplanes. The MCAI states:

    During scheduled maintenance on A330 aeroplanes, several
Trimmable Horizontal Stabilizer (THS) support struts at frame (FR)
91 were found cracked at strut body ends.
    The THS is supported and articulated at FR 91 by four struts to
fix the hinges (Y-bolts) and keep the structural integrity in
lateral direction.
    Analysis revealed that cracks can reduce ability of the support
struts to carry specified tension loads.
    This condition, if not detected and corrected, could lead to the
loss of all four

THS support struts at FR91, which would make the remaining structure
unable to carry limit loads, resulting in the loss of Horizontal
Tail Plane.
    A340-500/600 aeroplanes are not affected by this [EASA] AD as
different material is used on THS support struts.
    To address this potentially unsafe condition, EASA issued AD
2013-0076 [http://ad.easa.europa.eu/blob/easa_ad_2013_0076_superseded.pdf/AD_2013-0076_1] to require
repetitive special detailed inspections [high frequency eddy current
(HFEC) inspections for cracking] of all 8 strut ends of the THS
support located at FR91 in the tail cone and, depending on findings,
replacement of THS support struts. That [EASA] AD also required, for
aeroplanes on which Airbus Modification 203493 had not been embodied
in production, or Airbus Service Bulletin (SB) A330-53-3204 or SB
A340-53-4199, as applicable, has not been embodied in service, the
installation of a clamping device on each support strut end to stop
growth of possible cracks (crack stopper function) in order to
secure integrity of the struts.
    Since issuance of EASA AD 2013-0076 [http://ad.easa.europa.eu/blob/easa_ad_2013_0076_superseded.pdf/AD_2013-0076_1], it has been
discovered that several aeroplanes are fitted with another strut
configuration (SARMA Strut) [Societ[eacute] Anonyme de Recherche
M[eacute]canique Appliqu[eacute]e] than the TAC (Technical Airborne
Components Industries) strut, which caused the other strut not to be
considered. Consequently, Airbus revised Airbus SB A330-53-3206 and
SB A340-53-4208, accordingly in order to add a one-time [HFEC]
inspection [for cracking] for SARMA struts and in case of finding to
replace it with a TAC strut and thereafter to accomplish repetitive
inspections and EASA issued AD 2013-0219 [http://ad.easa.europa.eu/blob/easa_ad_2013_0219_superseded.pdf/AD_2013-0219_1], which is
superseded, and required accomplishment of the instructions as
specified in the latest revision of each SB, as applicable.
    Since issuance of EASA AD 2013-0219 [http://ad.easa.europa.eu/blob/easa_ad_2013_0219_superseded.pdf/AD_2013-0219_1], based on the
reporting received from operators, it has been determined that
repetitive inspections are also to be accomplished for aeroplanes
equipped with SARMA strut. Airbus introduced that inspection in the
applicable SB at revision 3.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2013-0219, which is superseded, and requires
accomplishment of repetitive [HFEC] inspective inspection [for
cracking] for aeroplanes equipped with SARMA strut.
    This [EASA] AD is considered as an interim action, pending the
development of a terminating action.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-1043-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (80
FR 3510, January 23, 2015) and the FAA's response to each comment.

Request To Add Inspection for Identifying Struts

    Delta Air Lines, Inc. (DAL) requested that we add a physical
inspection to paragraph (g) of the proposed AD (80 FR 3510, January 23,
2015) to distinguish a Societ[eacute] Anonyme de Recherche
M[eacute]canique Appliqu[eacute]e (SARMA) strut from a Technical
Airborne Components Industries (TAC) strut. DAL stated that paragraph
(g) of the proposed AD only identifies the dimensional diameter of
SARMA struts; however, DAL stated that both TAC and SARMA struts have
the same manufacturer part numbers but have different rod end
diameters. DAL suggested language for doing a physical inspection of
the strut end of each support strut for identification purposes.
    We agree that a physical inspection is necessary to determine the
rod end diameter in order to distinguish between SARMA and TAC struts.
However, that inspection is optional. Paragraph (g) of this AD defines
SARMA struts as having a diameter that is less than 43 millimeters, and
states that all other struts are TAC struts. Paragraph (h) of this AD
requires inspecting TAC struts. Thus, operators must inspect all struts
unless the strut is inspected to determine the diameter is less than 43
millimeters, i.e., it is a SARMA strut. We have not changed this AD in
this regard.

Request To Include Airbus Modification 203834 for Installing Reinforced
Clamps

    DAL requested that we revise paragraph (h) of the proposed AD (80
FR 3510, January 23, 2015) to include Airbus Modification 203834 as an
optional modification for installation of the reinforced clamps. DAL
stated that Airbus has confirmed that Airbus Modification 203834
installs the same reinforced clamps as Airbus Modification 203493
specified in paragraph (h) of the proposed AD.
    We agree with the commenter's request. The FAA has approved two
Airbus modifications for installing the reinforced clamps into
production airplanes: Modification 203493 for airplanes having
manufacturer serial number (MSN) 1466 to 1509 inclusive, and
Modification 203834 for airplanes having MSN 1510 and on. Modification
203834 supersedes Modification 203493, and the first airplane delivered
with Modification 203834 installed was MSN 1511.
    Thus, operators may have the two populations of airplanes: Those
with Modification 203834 and those with Modification 203493. This AD
must address both groups of airplanes accordingly. We have revised
paragraph (h) of this AD to specify that, for airplanes on which Airbus
Modification 203493 or 203834 has been embodied in production; or on
which Airbus Service Bulletin A330-53-3204 or Airbus Service Bulletin
A340 53-4199, as applicable; has been embodied in service, remove the
clamp from each strut end before accomplishing the inspections required
by paragraph (h) of this AD.

Request To Include Additional Service Information

    DAL requested that we revise paragraphs (j)(1), (j)(2), and (l) of
the proposed AD (80 FR 3510, January 23, 2015) to include Airbus
Service Bulletin A330-53-3204. DAL stated that, when clamps were not
previously installed, Airbus Service Bulletin A330-53-3204 becomes the
source document for installing the clamps.
    We agree that Airbus Service Bulletin A330-53-3204, Revision 03,
dated February 28, 2014, is an appropriate source of service
information for installing clamps. However, we do not agree to revise
this AD because that service information is already referenced in
Airbus Service Bulletin A330-53-3206, Revision 03, dated February 28,
2014, which is referred to as one of the appropriate sources of service
information for the actions required by paragraphs (j)(1), (j)(2), and
(l) of this AD. As specified in the Accomplishment Instructions of
Airbus Service Bulletin A330-53-3206, Revision 03, dated February 28,
2014., ``if no clamps were previously installed, accomplish Service
Bulletin A330-53-3204 before next flight, to install them.'' Therefore,
no change to this AD is necessary in this regard.

Request To Clarify Flight With Cracking

    DAL requested that we clarify/confirm that the NPRM (80 FR 3510,
January 23, 2015) will apply more strict replacement criteria when
cracks are found than what is currently published in Airbus Service
Bulletin A330-53-3206, Revision 03, dated February 28, 2014. DAL stated
that Subtask 533206-280-201-001 of Airbus Service Bulletin A330-53-
3206, Revision 03, dated February 28, 2014, contains instructions

to allow continued operation of the airplane with small crack findings
without immediate strut replacement.
    We agree. In the ``Differences Between this Proposed AD and the
MCAI or Service Information'' section of the NPRM (80 FR 3510, January
23, 2015), we stated that ``Although EASA Airworthiness Directive 2014-
0068, dated March 18, 2014, Airbus Service Bulletin A330-53-3206,
Revision 03, dated February 28, 2014, and Airbus Service Bulletin A340-
53-4208, Revision 03, dated February 28, 2014, allow further flight
after certain cracks are found during compliance with the proposed
action, paragraph (j)(2) of this AD would require that any cracked THS
support strut be replaced with a new or serviceable TAC strut before
further flight.'' No change to this AD is necessary in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (80 FR 3510, January 23, 2015) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (80 FR 3510, January 23, 2015).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Interim Action

    We consider this AD interim action. If final action is later
identified, we might consider further rulemaking then.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information.
     Airbus Service Bulletin A330-53-3206, Revision 03, dated
February 28, 2014. This service information describes procedures for
inspections for cracking of the strut ends of the THS support located
in the airplane tail cone.
     Airbus Service Bulletin A340-53-4208, Revision 03, dated
February 28, 2014. This service information describes procedures for
inspections for cracking of the strut ends of the THS support located
in the airplane tail cone.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section of this
AD.

Costs of Compliance

    We estimate that this AD affects 84 airplanes of U.S. registry.
    We also estimate that it will take about 9 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD on U.S. operators to be $64,260, or $765 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition replacement specified in this AD.
    We estimate that any necessary follow-on strut reinforcements will
take about 2 work-hours and require parts costing $5,680, for a cost of
$5,850 per product. We have no way of determining the number of
aircraft that might need this action.
    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-1043; 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 Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

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):

2015-23-05 Airbus: Amendment 39-18321. Docket No. FAA-2014-1043;
Directorate Identifier 2013-NM-079-AD.

(a) Effective Date

    This AD becomes effective December 28, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category,
all manufacturer serial numbers.
    (1) Airbus Model A330-201, -202, -203, -223, -223F, -243, and -
243F airplanes.

    (2) Airbus Model A330-301, -302, -303, -321, -322, -323, -341, -
342, and -343 airplanes.
    (3) Airbus Model A340-211, -212, -213, -311, -312, and -313
airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of cracked support strut body
ends at a certain frame location of the trimmable horizontal
stabilizer (THS). We are issuing this AD to detect and correct
cracked support strut body ends of the THS, which could lead to the
loss of all four THS support struts and which would make the
remaining structure unable to carry limit loads, resulting in the
loss of the horizontal tail plane.

(f) Compliance

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

(g) Definition of Strut Types

    For the purpose of this AD, a Societ[eacute] Anonyme de
Recherche M[eacute]canique Appliqu[eacute]e (SARMA) strut is a strut
on which the diameter of the strut end is less than 43 millimeters.
All other struts are Technical Airborne Components Industries (TAC)
struts.

(h) Repetitive Inspections of TAC Strut Ends

    At the applicable time specified in paragraph (i) of this AD, do
a high frequency eddy current (HFEC) inspection for cracking of all
TAC strut ends of the THS support located at frame (FR) 91 in the
tail cone, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A330-53-3206, Revision 03, dated February
28, 2014; or Airbus Service Bulletin A340-53-4208, Revision 03,
dated February 28, 2014; as applicable. Repeat the inspection
thereafter at intervals not to exceed 42 months or 20,000 flight
hours, whichever occurs first. For airplanes on which Airbus
Modification 203493 or 203834 has been embodied in production, or
Airbus Service Bulletin A330-53-3204 or Airbus Service Bulletin
A340-53-4199, as applicable, has been embodied in service, remove
the clamp from each strut end before accomplishing the inspections
required by this paragraph.

(i) Compliance Times for the Actions Required by Paragraphs (h) and (k)
of This AD

    Do the inspections required by paragraphs (h) and (k) of this AD
at the applicable times specified in paragraphs (i)(1), (i)(2), and
(i)(3) of this AD.
    (1) For Model A330 series airplanes having manufacturer serial
numbers 012 through 209 inclusive, and Model A340 series airplanes
having manufacturer serial numbers 002 through 210 inclusive: Within
6 months after the effective date of this AD.
    (2) For Model A330 series airplanes having manufacturer serial
numbers 211 through 422 inclusive, and Model A340 series airplanes
having manufacturer serial numbers 212 through 447 inclusive: Within
24 months after the effective date of this AD.
    (3) For Model A330 series airplanes having manufacturer serial
numbers 423 and subsequent, and Model A340 series airplanes having
manufacturer serial numbers 450 through 955 inclusive: Within 36
months after the effective date of this AD or since the first flight
of the airplane, whichever occurs later.

(j) Corrective Action for TAC Strut Ends and Installation of
Reinforcing Clamps

    (1) If, during any inspection required by paragraph (h) of this
AD, no cracks are found: Before further flight, reinstall or
install, as applicable, reinforcing clamps on the strut ends, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A330-53-3206, Revision 03, dated February 28, 2014; or
Airbus Service Bulletin A340-53-4208, Revision 03, dated February
28, 2014; as applicable.
    (2) If, during any inspection required by paragraph (h) of this
AD, any crack is found: Before further flight, replace any affected
strut with a new or serviceable TAC strut and install reinforcing
clamps on the strut end, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A330-53-3206, Revision 03,
dated February 28, 2014; or Airbus Service Bulletin A340-53-4208,
Revision 03, dated February 28, 2014; as applicable.

(k) Repetitive Inspections of SARMA Strut Ends

    At the applicable time specified in paragraph (i) of this AD, do
an HFEC inspection for cracking of all SARMA strut ends of the THS
support located at FR 91 in the tail cone, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A330-53-3206,
Revision 03, dated February 28, 2014; or Airbus Service Bulletin
A340-53-4208, Revision 03, dated February 28, 2014; as applicable.
Repeat the inspection thereafter at intervals not to exceed 12
months.

(l) Corrective Action for SARMA Strut Ends

    If any crack is found on a strut end during the inspection
required by paragraph (k) of this AD: Before further flight, replace
any affected SARMA strut with a new or serviceable TAC strut and
install reinforcing clamps on the strut end, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A330-53-3206,
Revision 03, dated February 28, 2014; or Airbus Service Bulletin
A340-53-4208, Revision 03, dated February 28, 2014; as applicable.

(m) No Terminating Action

    Replacement of THS struts on an airplane does not constitute
terminating action for the repetitive inspections required by this
AD.

(n) No Reporting

    Although Airbus Service Bulletin A330-53-3206, Revision 03,
dated February 28, 2014; and Airbus Service Bulletin A340-53-4208,
Revision 03, dated February 28, 2014; specify to submit certain
information to the manufacturer, this AD does not include that
requirement.

(o) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (g), (h), (j), and (k) of this AD, if those actions were
performed before the effective date of this AD using any of the
service information identified in paragraphs (n)(1) through (n)(6)
of this AD. This service information is not incorporated by
reference in this AD.
    (1) Airbus Service Bulletin A330-53-3206, dated February 7,
2013.
    (2) Airbus Service Bulletin A330-53-3206, Revision 01, dated
June 10, 2013.
    (3) Airbus Service Bulletin A330-53-3206, Revision 02, dated
August 8, 2013.
    (4) Airbus Service Bulletin A340-53-4208, dated February 7,
2013.
    (5) Airbus Service Bulletin A340-53-4208, Revision 01, dated
June 10, 2013.
    (6) Airbus Service Bulletin A340-53-4208, Revision 02, dated
August 8, 2013.

(p) 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: Vladimir
Ulyanov, 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. The
AMOC approval letter must specifically reference this AD.
    (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 the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(q) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2014-0068, dated March 18, 2014,
for related information. This MCAI may be found in the AD docket on
the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-
2014-1043-0002.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (r)(3) and (r)(4) of this AD.

(r) 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) Airbus Service Bulletin A330-53-3206, Revision 03, dated
February 28, 2014.
    (ii) Airbus Service Bulletin A340-53-4208, Revision 03, dated
February 28, 2014.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.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 October 30, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-28895 Filed 11-19-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Rules and Regulations]
[Pages 9583-9587]
[FR Doc No: 2013-03074]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 95

[Docket No. 30886; Amdt. No. 505]

IFR Altitudes; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This amendment adopts miscellaneous amendments to the required
IFR (instrument flight rules) altitudes and changeover points for
certain Federal airways, jet routes, or direct routes for which a
minimum or maximum en route authorized IFR altitude is prescribed. This
regulatory action is needed because of changes occurring in the
National Airspace System. These changes are designed to provide for the
safe and efficient use of the navigable airspace under instrument
conditions in the affected areas.

DATES: Effective Date: 0901 UTC, March 7, 2013.

FOR FURTHER INFORMATION CONTACT: Rick Dunham, Flight Procedure
Standards Branch (AMCAFS-420), Flight Technologies and Programs
Division, Flight Standards Service, Federal Aviation Administration,
Mike Monroney, Aeronautical Center, 6500 South MacArthur Blvd.,
Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City,
OK 73125), telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This amendment to part 95 of the Federal
Aviation Regulations (14 CFR part 95) amends, suspends, or revokes IFR
altitudes governing the operation of all aircraft in flight over a
specified route or any portion of that route, as well as the changeover
points (COPs) for Federal airways, jet routes, or direct routes as
prescribed in part 95.

The Rule

    The specified IFR altitudes, when used in conjunction with the
prescribed changeover points for those routes, ensure navigation aid
coverage that is adequate for safe flight operations and free of
frequency interference. The reasons and circumstances that create the
need for this amendment involve matters of flight safety and
operational efficiency in the National Airspace System, are related to
published aeronautical charts that are essential to the user, and
provide for the safe and efficient use of the navigable airspace. In
addition, those various reasons or

circumstances require making this amendment effective before the next
scheduled charting and publication date of the flight information to
assure its timely availability to the user. The effective date of this
amendment reflects those considerations. In view of the close and
immediate relationship between these regulatory changes and safety in
air commerce, I find that notice and public procedure before adopting
this amendment are impracticable and contrary to the public interest
and that good cause exists for making the amendment effective in less
than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policiesand Procedures (44 FR 11034; February 26, 1979); and
(3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 95

    Airspace, Navigation (air).

    Issued in Washington, DC on February 1, 2013.
John M. Allen,
Deputy Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the
Administrator, part 95 of the Federal Aviation Regulations (14 CFR part
95) is amended as follows effective at 0901 UTC, March 7, 2013.

PART 95--[AMENDED]

0
1. The authority citation for part 95 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44719, 44721.

0
2. Part 95 is amended to read as follows:

                                Revisions to IFR Altitudes and Changeover Points
                                  [Amendment 505 effective date March 7, 2013]
----------------------------------------------------------------------------------------------------------------
                     FROM                                         TO                        MEA          MAA
----------------------------------------------------------------------------------------------------------------
                                     Sec.   95.3000 Low Altitude RNAV Routes
                            Sec.   95.3254 RNAV Route T254 is Amended to Read in Part
----------------------------------------------------------------------------------------------------------------
COLLEGE STATION, TX VORTAC....................  HIPPS, TX FIX.........................         3000        15000
HIPPS, TX FIX.................................  EAKES, TX FIX.........................         3000        15000
----------------------------------------------------------------------------------------------------------------

             FROM                        TO               MEA        MAA
----------------------------------------------------------------- ---------
                Sec.   95.6001 Victor Routes-U.S.
 Sec.   95.6010 VOR Federal Airway V10 is Amended to Read in Part
------------------------------------------------------------------------
REVLOC, PA VOR/DME...........  JUNEY, PA FIX........        *5000
    *5000--GNSS MEA
JUNEY, PA FIX................  LANCASTER, PA VORTAC.        *5000
    *3600--MOCA
------------------------------------------------------------------------
 Sec.   95.6014 VOR Federal Airway V14 is Amended to Read in Part
------------------------------------------------------------------------
OBRLN, OH FIX................  DRYER, OH VOR/DME....        *3500
    *2500--MOCA
------------------------------------------------------------------------
 Sec.   95.6018 VOR Federal Airway V18 is Amended to Read in Part
------------------------------------------------------------------------
GUTHRIE, TX VORTAC...........  BEKLE, TX FIX........
                               NW BND...............        *6000
                               SE BND...............        *8000
    *3400--MOCA
------------------------------------------------------------------------
 Sec.   95.6043 VOR Federal Airway V43 is Amended to Read in Part
------------------------------------------------------------------------
APPLETON, OH VORTAC..........  TIVERTON, OH VOR/DME.         3000
------------------------------------------------------------------------
 Sec.   95.6055 VOR Federal Airway V55 is Amended to Read in Part
------------------------------------------------------------------------
BRAINERD, MN VORTAC..........  PARK RAPIDS, MN VOR/          3400
                                DME.
PARK RAPIDS, MN VOR/DME......  BETRA, MN FIX........        *4500
    *3200--MOCA
    *3600--GNSS MEA
BETRA, MN FIX................  GRAND FORKS, ND VOR/         *3300
                                DME.
    *2400--MOCA
------------------------------------------------------------------------
 Sec.   95.6087 VOR Federal Airway V87 is Amended to Read in Part
------------------------------------------------------------------------
SCAGGS ISLAND, CA VORTAC.....  MAXWELL, CA VORTAC...         5300
------------------------------------------------------------------------

Sec.   95.6101 VOR Federal Airway V101 is Amended to Read in Part
------------------------------------------------------------------------
BURLEY, ID VOR/DME...........  REAPS, ID FIX........
                               S BND................         7000
                               N BND................         9500
REAPS, ID FIX................  HAILEY, ID NDB/DME...        *9500
    *8900--MOCA
HAILEY, ID NDB/DME...........  SOLDE, ID FIX........
                               NE BND...............         9000
                               SW BND...............        17000
------------------------------------------------------------------------
Sec.   95.6119 VOR Federal Airway V119 is Amended to Read in Part
------------------------------------------------------------------------
ANTIO, OH FIX................  INDIAN HEAD, PA               5000
                                VORTAC.
------------------------------------------------------------------------
Sec.   95.6120 VOR Federal Airway V120 is Amended to Read in Part
------------------------------------------------------------------------
SPOKANE, WA VORTAC...........  KARPS, ID FIX........        *9000
    *7600--MOCA
------------------------------------------------------------------------
Sec.   95.6151 VOR Federal Airway V151 is Amended to Read in Part
------------------------------------------------------------------------
MONTPELIER, VT VOR/DME.......  *BURLINGTON, VT VOR/          6300
                                DME.
    *5000--MCA BURLINGTON, VT
     VOR/DME, SE BND
------------------------------------------------------------------------
Sec.   95.6155 VOR Federal Airway V155 is Amended to Read in Part
------------------------------------------------------------------------
LAWRENCEVILLE, VA VORTAC.....  *MANGE, VA FIX.......       **4000
    *5000--MRA
    **2000--GNSS MEA
    LAWRENCEVILLE R-
     042 UNUSABLE USE
     RICHMOND R-223
*MANGE, VA FIX...............  FLAT ROCK, VA VORTAC.       **5000
    *5000--MRA
    **1800--MOCA
    **2000--GNSS MEA
------------------------------------------------------------------------
Sec.   95.6157 VOR Federal Airway V157 is Amended to Read in Part
------------------------------------------------------------------------
KEY WEST, FL VORTAC..........  DVALL, FL FIX........        *5000
    *1400--MOCA
    *3000--GNSS MEA
------------------------------------------------------------------------
Sec.   95.6200 VOR Federal Airway V200 is Amended to Read in Part
------------------------------------------------------------------------
MENDOCINO, CA VORTAC.........  WILLIAMS, CA VORTAC..         6200
------------------------------------------------------------------------
Sec.   95.6231 VOR Federal Airway V231 is Amended to Read in Part
------------------------------------------------------------------------
*SKOTT, MT FIX...............  KALISPELL, MT VOR/DME
                               N BND................         8600
                               S BND................        10000
    *12000--MRA
------------------------------------------------------------------------
Sec.   95.6301 VOR Federal Airway V301 is Amended to Read in Part
------------------------------------------------------------------------
SANTA ROSA, CA VOR/DME.......  *KLOGE, CA FIX.......         5000
    *6400--MCA KLOGE, CA FIX,
     NE BND
------------------------------------------------------------------------
Sec.   95.6306 VOR Federal Airway V306 is Amended to Read in Part
------------------------------------------------------------------------
DAISETTA, TX VORTAC..........  *KUUPR, TX FIX.......         2300
    *2800--MRA
*KUUPR, TX FIX...............  OFERS, LA FIX........         2300
    *2800--MRA
------------------------------------------------------------------------
Sec.   95.6383 VOR Federal Airway V383 is Amended to Read in Part
------------------------------------------------------------------------
ROSEWOOD, OH VORTAC..........  YOGGI, OH FIX........         3100
YOGGI, OH FIX................  *CHOOT, OH FIX.......       **6500
    *6500--MRA
    **3100--MOCA
*CHOOT, OH FIX...............  DETROIT, MI VOR/DME..         3100
    *6500--MRA
------------------------------------------------------------------------

Sec.   95.6430 VOR Federal Airway V430 is Amended to Read in Part
------------------------------------------------------------------------
CUT BANK, MT VORTAC..........  HAVRE, MT VOR/DME....         6800
WILLISTON, ND VORTAC.........  MINOT, ND VORTAC.....        *5000
    *3900--MOCA
------------------------------------------------------------------------
Sec.   95.6435 VOR Federal Airway V435 is Amended to Read in Part
------------------------------------------------------------------------
ROSEWOOD, OH VORTAC..........  OBRLN, OH FIX........        *6000
    *2700--MOCA
OBRLN, OH FIX................  DRYER, OH VOR/DME....        *3500
    *2500--MOCA
------------------------------------------------------------------------
Sec.   95.6444 VOR Federal Airway V444 is Amended to Read in Part
------------------------------------------------------------------------
EMETT, ID FIX *..............  BOISE, ID VORTAC.....         5600
    *7400--MCA BOISE, ID
     VORTAC, E BND
BOISE, ID VORTAC.............  AROWS, ID FIX........
                               W BND................         8000
                               E BND................         9000
AROWS, ID FIX................  *DERSO, ID FIX.......      **12500
    *15200--MCA DERSO, ID
     FIX, E BND
    **10000--MOCA
DERSO, ID FIX................  SOLDE, ID FIX........       *17000
    *10400--MOCA
SOLDE, ID FIX................  *KINZE, ID FIX.......
                               SE BND...............         8000
                               NW BND...............        17000
    *15900--MCA KINZE, ID
     FIX, NW BND
KINZE, ID FIX................  BURLEY, ID VOR/DME...        *8000
    *7000--MOCA
------------------------------------------------------------------------
Sec.   95.6447 VOR Federal Airway V447 is Amended to Read in Part
------------------------------------------------------------------------
MUDDI, VT FIX................  RUCKY, VT FIX........        *6000
    *5500--MOCA
RUCKY, VT FIX................  MONTPELIER, VT VOR/          *4500
                                DME.
    *4000--MOCA
------------------------------------------------------------------------
Sec.   95.6448 VOR Federal Airway V448 is Amended to Read in Part
------------------------------------------------------------------------
SPOKANE, WA VORTAC...........  CLASS, ID FIX........        *9000
    *7600--MOCA
CLASS, ID FIX................  KILLY, MT FIX........       *13000
    *9900--MOCA
    *10000--GNSS MEA
KILLY, MT FIX................  KALISPELL, MT VOR/DME       *12000
    *8600--MOCA
    *8600--GNSS MEA
------------------------------------------------------------------------
Sec.   95.6484 VOR Federal Airway V484 is Amended to Read in Part
------------------------------------------------------------------------
HAILEY, ID NDB/DME...........  KINZE, ID FIX........         9300
------------------------------------------------------------------------
Sec.   95.6489 VOR Federal Airway V489 is Amended to Read in Part
------------------------------------------------------------------------
LEAFY, NY FIX................  KEESE, NY FIX........         5200
------------------------------------------------------------------------
Sec.   95.6500 VOR Federal Airway V500 is Amended to Read in Part
------------------------------------------------------------------------
PARMO, ID FIX................  *BOISE, ID VORTAC....         5000
    *7400--MCA BOISE, ID
     VORTAC, E BND
BOISE, ID VORTAC.............  AROWS, ID FIX........
                               E BND................         9000
                               W BND................         8000
AROWS, ID FIX................  *DERSO, ID FIX.......      **12500
    *15200--MCA DERSO, ID
     FIX, E BND
    **10000--MOCA
DERSO, ID FIX................  SOLDE, ID FIX........       *17000
    *10400--MOCA
SOLDE, ID FIX................  *REAPS, ID FIX.......
                               E BND................      **14000
                               W BND................      **17000
    *14000--MCA REAPS, ID
     FIX, W BND

    **8000--MOCA
------------------------------------------------------------------------
Sec.   95.6523 VOR Federal Airway V523 is Amended to Read in Part
------------------------------------------------------------------------
APPLETON, OH VORTAC..........  TIVERTON, OH VOR/DME.         3000
------------------------------------------------------------------------
Sec.   95.6525 VOR Federal Airway V525 is Amended to Read in Part
------------------------------------------------------------------------
APPLETON, OH VORTAC..........  TIVERTON, OH VOR/DME.         3000
------------------------------------------------------------------------
Sec.   95.6573 VOR Federal Airway V573 is Amended to Read in Part
------------------------------------------------------------------------
*ALEXX, OK FIX...............  ARDMORE, OK VORTAC...
    *7000--MRA
    UNUSABLE
------------------------------------------------------------------------
     Sec.   95.6629 VOR Federal Airway V629 IS ADDED TO READ
------------------------------------------------------------------------
SHUSS, NV FIX................  BOULDER CITY, NV              7600
                                VORTAC.
------------------------------------------------------------------------

                     FROM                                         TO                        MEA          MAA
----------------------------------------------------------------------------------------------------------------
                                            Sec.   95.7001 JET ROUTES
                             Sec.   95.7002 JET ROUTE J2 is Amended to Read in Part
----------------------------------------------------------------------------------------------------------------
TUCSON, AZ VORTAC.............................  EL PASO, TX VORTAC....................  25        45000
                                                                                000
    MEA IS ESTABLISHED WITH A GAP IN
     NAVIGATION SIGNAL COVERAGE.
----------------------------------------------------------------------------------------------------------------
                             Sec.   95.7079 JET ROUTE J79 is Amended to Read in Part
----------------------------------------------------------------------------------------------------------------
KEY WEST, FL VORTAC...........................  DOLPHIN, FL VORTAC....................        18000        45000
----------------------------------------------------------------------------------------------------------------

                            AIRWAY SEGMENT                                          CHANGEOVER PONTS
----------------------------------------------------------------------------------------------------------------
                 FROM                                 TO                  DISTANCE               FROM
----------------------------------------------------------------------------------------------------------------
            Sec.   95.8003 VOR Federal Airway Changeover Points is Amended to Delete Changeover Point
----------------------------------------------------------------------------------------------------------------
INDIAN HEAD, PA VORTAC................  PARKERSBURG, WV VORTAC........           60  INDIAN HEAD.
----------------------------------------------------------------------------------------------------------------
                                   V200 is Amended to Delete Changeover Point
----------------------------------------------------------------------------------------------------------------
MENDOCINO, CA VORTAC..................  WILLIAMS, CA VORTAC...........           22  MENDOCINO.
----------------------------------------------------------------------------------------------------------------
                                   V444 is Amended to Modify Changeover Point
----------------------------------------------------------------------------------------------------------------
BOISE, ID VORTAC......................  POCATELLO, ID VOR/DME.........           66  BOISE.
----------------------------------------------------------------------------------------------------------------
                                     V55 is Amended to Add Changeover Point
----------------------------------------------------------------------------------------------------------------
BRAINERD, MN VORTAC...................  PARK RAPIDS, MN VOR/DME.......            6  BRAINERD.
PARK RAPIDS, MN VOR/DME...............  GRAND FORKS, ND VOR/DME.......           64  PARK RAPIDS.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2013-03074 Filed 2-8-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 94 (Thursday, May 14, 2020)]
[Notices]
[Pages 29018-29019]
[FR Doc No: 2020-10322]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0044]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From K & L Trucking, Inc.

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

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

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

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on an application for exemption from K & L
Trucking, Inc. (K & L) to allow the company to secure large metal coils
to its trailers for transport using a securement system that differs
from that required by the Federal Motor Carrier Safety Regulations
(FMCSR).

DATES: Comments must be received on or before June 15, 2020.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2020-0044 using any of the
following methods:
     Website: http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
     Fax: 1-202-493-2251.
     Mail: Send comments to Docket Operations, U.S. Department
of Transportation, Room W12-140, 1200 New Jersey Avenue SE, Washington,
DC 20590-0001.
     Hand Delivery: Deliver comments to Docket Operations,
Ground Floor, Room W12-140, DOT Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday-Friday, except
Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or<PHONE_NUMBER> before visiting Docket Operations.
    Instructions: All submissions must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. Note that all comments received
will be posted

without change to http://www.regulations.gov, including any personal
information provided. Please see the ``Privacy Act'' heading for
further information.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or visit Docket
Operations, Room W12-140, DOT Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. To be sure someone is there to help you,
please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting Docket
Operations.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Public Participation: The http://www.regulations.gov website is
generally available 24 hours each day, 365 days each year. You may find
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov website as well as
the DOT's http://docketsinfo.dot.gov website. If you would like
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, Federal Motor Carrier Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001;<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Under 49 CFR 381.315(a), FMCSA must publish a notice of each
exemption request in the Federal Register. The Agency must provide the
public with 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 the safety analyses and the public comments 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)). If the Agency denies the request, it must state the reason
for doing so. If the decision is to grant the exemption, the notice
must specify the person or class of persons receiving the exemption and
the regulatory provision or provisions from which an exemption is
granted. The notice must specify the effective period of the exemption
(up to 5 years) and explain the terms and conditions of the exemption.
The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).

K & L Application for Exemption

    Section 393.120(c) of the FMCSRs requires metal coils that weigh
more than 5,000 pounds (either individually or grouped together) and
transported with eyes crosswise to be secured using (1) a means (e.g.,
timbers, chocks or wedges, a cradle, etc.) to prevent the coil from
rolling and to support the coil off the deck, (2) at least one tiedown
through its eye restricting against forward motion, and (3) at least
one tiedown through its eye restricting against rearward motion.
Attaching tiedowns diagonally through the eye of a coil to form an X-
pattern when viewed from above the vehicle is prohibited. K & L has
applied for an exemption from 49 CFR 393.120(c) to allow the use of an
alternative securement system consisting of (1) a specialized metal
carrier permanently affixed to the flatbed trailer designed to secure
the coil and prevent it from rolling, and (2) a single, two-ply, nylon-
Kevlar tie down strap routed through the eye of the coil that secures
the coil to the coil carrier.
    A copy of the application is included in the docket referenced at
the beginning of this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public
comment from all interested persons on K & L's application for an
exemption from 49 CFR 393.120(c). 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 also
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. 2020-10322 Filed 5-13-20; 8:45 am]
BILLING CODE 4910-EX-P


File 1  ERP Stay_ 6 25a. wpd 6560 50 P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 51 and 52 [ AD FRL__________ ; E Docket ID No. OAR 2002 0068; Legacy Docket No. A 2002 04]

RIN 2060 AK28 Prevention of Significant Deterioration ( PSD) and Non attainment New Source Review ( NSR): Equipment Replacement Provision of the Routine Maintenance, Repair and Replacement Exclusion; Stay of Effective Date AGENCY: Environmental Protection Agency ( EPA).

ACTION: Final rule.

SUMMARY: A December 24, 2003 order of the U. S. Court of Appeals for the District of Columbia Circuit stayed the effectiveness of the Equipment Replacement Provision ( ERP) of the Clean Air Act ( CAA) New Source Review ( NSR) Routine Maintenance, Repair, and Replacement ( RMRR) exclusion. Today's action reflects this stay in the Code of Federal Regulations. This document also sets out EPA's interpretation of the effect of the stay on the Prevention of Significant Deterioration ( PSD) federal implementation plans in various state implementation plans. EPA is issuing this final rule without notice and opportunity for public comment because there is good cause to do so within the meaning of the Administrative Procedure Act.

DATES: Effective [ Insert date of publication in the Federal Register].

ADDRESSES: EPA has established a docket for this action under E Docket ID No. OAR 2002

0068 ( legacy docket number no. A 2002 04). This number will also appear at the top of your FR document along with the FRL assigned to your particular FR document]. All documents in the 2 docket are listed in the EDOCKET index at http:// www. epa. gov/ edocket. Although listed in the index, some information is not publicly available, i. e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in EDOCKET or in hard copy at the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. This Docket Facility is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays.

The Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday,

excluding legal holidays. The telephone number for the Public Reading Room is ( 202) 566 1744,

and the telephone number for the Air Docket is ( 202) 566 1742.

FOR FURTHER INFORMATION CONTACT: Mr. David Svendsgaard, Information Transfer and Program Integration Division ( C339 03), U. S. EPA Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina 27711, telephone number ( 919) 541

2380, facsimile number ( 919) 541 5509, electronic mail address: svendsgaard. dave@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. Today's Final Rule A. What RMRR Exclusion is in Effect After the Court's Order?

On October 27, 2003, EPA published amendments to the regulations governing the PSD and NSR programs mandated under parts C and D of title I of the Clean Air Act ( CAA). These amendments added an " Equipment Replacement Provision" ( ERP) to the Routine Maintenance, 1 For an explanation of the development of the new provisions and the reasons for them, see 68 FR 61248 ( October 27, 2003), and the docket referenced above.

3 Repair, and Replacement ( RMRR) exclusion from these programs. 1 These amendments were scheduled to take effect on December 26, 2003.

Shortly after publication of the ERP amendments, various parties filed petitions for review of EPA's action in the U. S. Court of Appeals for the District of Columbia Circuit ( State of New York v. EPA, No. 03 1380 and consolidated cases). Upon the motions of various petitioners, the Court ordered the new provisions stayed pending the completion of its review. The Court issued its order on December 24, 2003. Therefore, the new provisions never became effective.

Today's final rule amends the RMRR exclusion due to the fact that the new provisions have been stayed. The effect of the Court's stay order keeps the text in effect as it existed prior to the new provisions. We have inserted a note into each affected paragraph of the CFR explaining which portions of the rules are affected by the Court's order. Upon the Court completing its review or otherwise terminating the stay order, EPA will publish an additional notice in the Federal Register reflecting the termination of the stay and the status of the ERP.

B. What Amendments are Necessary for the PSD FIPs due to the Stay?

On December 24, 2003, EPA promulgated a FIP correction rule, which amended the way in which EPA incorporates § 52.21 into each FIP. The new format incorporates revisions to § 52.21 without further revision to each FIP in each subpart ( see 68 FR 74483). EPA's new format for incorporating § 52.21 into each FIP states that all of § 52.21 is incorporated except paragraph ( a)( 1).

Parties to the litigation on the ERP, as well as states not involved in the litigation, asked 4 whether the FIP correction rule would make the ERP effective in states with PSD FIPs,

notwithstanding the stay. As previously communicated to all parties on January 8, 2004, it is EPA's opinion that, because the FIPs incorporate sections of 52.21 that have been stayed by the court, these " ERP" sections are not effective in the areas covered by the FIPs ( e. g., it does not matter that the FIPs now incorporate § 52.21( cc) because that section is stayed). This result occurs automatically due to the Court's staying of the underlying rule changes at 40 CFR 52.21,

and that further action by the Court or EPA is not necessary.

C. What is the Basis for Finding Good Cause to Make These Amendments Immediately Effective?

The EPA has determined that notice and comment on this amendment to the NSR regulations is not required. Under the Administrative Procedure Act ( 5 U. S. C. 553( b)( 3)( B)), a rule is exempt from notice and public comments requirements " when the agency for a good cause finds ( and incorporates the finding and a brief statements of reasons therefor in the rule issued)

that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest."

The terms of the court order prevented the ERP from coming into effect. In the absence of the ERP, the prior regulatory RMRR exclusion remains in effect. Accordingly, this rule is merely a housekeeping measure that reflects the court order. The action does not have any substantive effect.

Public comment could not change the result dictated by the court order, and is therefore unnecessary and impracticable. In addition, delay in issuing this rule amending the existing regulations could result in confusion on the part of state and local air pollution control agencies as 5 well as the public regarding which RMRR exclusion is in effect. Notice and comment would therefore be contrary to the public interest. Accordingly, EPA has concluded that notice and comment on this rule would be impracticable, unnecessary, and contrary to the public interest,

within the meaning of 5 U. S. C. 553( b)( 3)( B).

The EPA also believes that there is good cause to make today's rule effective immediately,

rather than effective within 30 days, within the meaning of 5 U. S. C. 553( d)( 3). For the reasons stated above, EPA has determined that it is unnecessary, impracticable and contrary to the public interest to delay this rule. In addition, EPA has balanced the necessity for immediate implementation against principles of fundamental fairness, which require that all affected persons be afforded a reasonable amount of time to prepare for the effective date of this rule. In so doing,

EPA has concluded that, because the court order came into effect upon issuance, the benefit to the public of issuing this rule immediately outweighs the need, if any, to give affected parties time to adjust their behavior accordingly. Indeed, EPA has determined that, on balance, making this rule effective immediately is in the public interest and affected parties will better be served by the avoidance of confusion.

II. Statutory and Executive Order Reviews This final rule merely conforms the CFR to the terms of the State of New York v. EPA Court's order of December 24, 2004. In so doing, this rule has no substantive effect. Therefore,

under Executive Order 12866 ( 58 FR 51735, October 4, 1993), this action is not a " significant regulatory action" and is therefore not subject to OMB review. Because this action is not subject to notice and comment requirements under the Administrative Procedure Act or any other statute, it is not subject to the Regulatory Flexibility Act ( 5 U. S. C. 601 et seq.) or sections 202 6 and 205 of the Unfunded Mandates Reform Act of 1995 ( UMRA) ( Public Law 104 4). In addition, this action does not significantly or uniquely affect small governments. This rule does not have tribal implications, as specified in Executive Order 13175 ( 63 FR 67249, November 9,

2000). This action will not have federalism implications, as specified in Executive Order 13132 ( 64 FR 43255, August 10, 1999). This action also is not subject to Executive Order 13045 ( 62 FR 19885, April 23, 1997), because it is not economically significant. This action is not subject to Executive Order 13211, " Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" ( 66 FR 28355 ( May 22, 2001)) because it is not a significant regulatory action under Executive Order 12866. This action does not involve technical standards;

thus, the requirements of section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( 15 U. S. C. 272 note) do not apply. The Office of Management and Budget ( OMB)

approved the information collection requirements contained for the NSR regulations that are in effect as a result of the court order under the provisions of the Paperwork Reduction Act, 44 U. S. C. 3501 et seq. and has assigned OMB control number 2060 0003, EPA ICR number 1230.10.

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

House of Representatives, and the Comptroller General of the United States prior to publication 7 of the rule in the Federal Register. This rule is not a " major rule" as defined by 5 U. S. C. 804( 2). 8 List of Subjects in 40 CFR Parts 51 and 52 Environmental protection, Administrative practices and procedures, Air pollution control,

Intergovernmental relations, Reporting and recordkeeping requirements.

___________________ ______________________________________

Dated: Michael O. Leavitt Administrator 9 PART 51  [ AMENDED]

1. The authority citation for part 51 continues to read as follows:

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

2. Section 51.165 is amended:

a. by adding a note to paragraph ( a)( 1)( v)( C)( 1) as follows:

( a) * * *

( 1) * * *

( v) * * *

( C) * * *

( 1) NOTE: On December 24, 2003, the second sentence of this paragraph ( a)( 1)( v)( C)( 1) is stayed indefinitely by court order. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

b. by adding a note to paragraph ( a)( 1)( xliii) as follows:

( a) * * *

( 1) * * * 10 ( xliii) NOTE: By a court order on December 24, 2003, this paragraph ( a)( 1)( xliii) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

c. by adding a note to paragraph ( a)( 1)( xliv) as follows:

( a) * * *

( 1) * * *

( xliv) NOTE: By a court order on December 24, 2003, this paragraph ( a)( 1)( xliv) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

d. by adding a note to paragraph ( a)( 1)( xlv) as follows:

( a) ***

( 1) * * *

( xlv) NOTE: By a court order on December 24, 2003, this paragraph ( a)( 1)( xlv) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

e. by adding a note to paragraph ( a)( 1)( xlvi) as follows: 11 ( a) * * *

( 1) * * *

( xlvi) NOTE: By a court order on December 24, 2003, this paragraph ( a)( 1)( xlvi) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

f. by adding a note to paragraph ( h) as follows:

( h) NOTE: By a court order on December 24, 2003, this paragraph ( b)( 53) is stayed indefinitely.

The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

3. Section 51.166 is amended:

a. by adding a note to paragraph ( b)( 2)( iii)( a) as follows:

( b) * * *

( 2) * * *

( iii) * * *

( a) NOTE: On December 24, 2003, the second sentence of this paragraph ( b)( 2)( iii)( a) is stayed indefinitely by court order. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the 12 public of the termination of the stay. * * *

b. by adding a note to paragraph ( b)( 53) as follows:

( b) * * *

( 53) NOTE: By a court order on December 24, 2003, this paragraph ( b)( 53) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

c. by adding a note to paragraph ( b)( 54) as follows:

( b) * * *

( 54) NOTE: By a court order on December 24, 2003, this paragraph ( b)( 54) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

d. by adding a note to paragraph ( b)( 55) as follows:

( b) * * *

( 55) NOTE: By a court order on December 24, 2003, this paragraph ( b)( 55) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * * 13 e. by adding a note to paragraph ( b)( 56) as follows:

( b) * * *

( 56) NOTE: By a court order on December 24, 2003, this paragraph ( b)( 56) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

f. by adding a note to paragraph ( y) as follows:

( y) NOTE: By a court order on December 24, 2003, this paragraph ( y) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time,

EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

PART 52  [ AMENDED]

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

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

2. Section 52.21 is amended:

a. by adding a note to paragraph ( b)( 2)( iii)( a) as follows: 14 ( b) * * *

( 2) * * *

( iii) * * *

( a) NOTE: By court order on December 24, 2003, the second sentence of this paragraph ( b)( 2)( iii)( a) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

b. by adding a note to paragraph ( b)( 55) as follows:

( b) * * *

( 55) NOTE: By a court order on December 24, 2003, this paragraph ( b)( 55) is stayed indefinitely.

The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

c. by adding a note to paragraph ( b)( 56) as follows:

( b) * * *

( 56) NOTE: By a court order on December 24, 2003, this paragraph ( b)( 56) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * * 15 d. by adding a note to paragraph ( b)( 57) as follows:

( b) * * *

( 57) NOTE: By a court order on December 24, 2003, this paragraph ( b)( 57) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

e. by adding a note to paragraph ( b)( 58) as follows:

( b) * * *

( 58) NOTE: By a court order on December 24, 2003, this paragraph ( b)( 58) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

f. by adding a note to paragraph ( cc) as follows:

( cc) NOTE: By a court order on December 24, 2003, this paragraph ( cc) is stayed indefinitely.

The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

File 2  ERP Stay 6 25a red. wpd WordPerfect Document Compare Summary Original document: C:\ nsr packages 2004\ rmrr\ epa stay\ ERP Stay_ 6 25. wpd 16 Revised document: C:\ nsr packages 2004\ rmrr\ epa stay\ ERP Stay_ 6 25a. 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 5 Deletions, 23 Insertions, 0 Moves. 6560 50 P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 51 and 52 [ AD FRL__________ ; E Docket ID No. OAR 2002 0068; Legacy Docket No. A 2002 04]

RIN 2060 AK28 Prevention of Significant Deterioration ( PSD) and Non attainment New Source Review ( NSR): Equipment Replacement Provision of the Routine Maintenance, Repair and Replacement Exclusion; Stay of Effective Date AGENCY: Environmental Protection Agency ( EPA).

ACTION: Final rule.

SUMMARY: A December 24, 2003 order of the U. S. Court of Appeals for the District of Columbia Circuit stayed the effectiveness of the Equipment Replacement Provision ( ERP) of the Clean Air Act ( CAA) New Source Review ( NSR) Routine Maintenance, Repair, and Replacement ( RMRR) exclusion. Today's action reflects this stay in the Code of Federal Regulations. This document also sets out EPA's interpretation of the effect of the stay on the Prevention of Significant Deterioration ( PSD) federal implementation plans in various state implementation plans. EPA is issuing this final rule without notice and opportunity for public comment because there is good cause to do so within the meaning of the Administrative Procedure Act.

DATES: Effective [ Insert date of publication in the Federal Register].

ADDRESSES: EPA has established a docket for this action under E Docket ID No. OAR 2002

0068 ( legacy docket number no. A 2002 04). This number will also appear at the top of your FR document along with the FRL assigned to your particular FR document]. All documents in the docket are listed in the EDOCKET index at http:// www. epa. gov/ edocket. Although listed in the 2 For an explanation of the development of the ERP amendmentsnew provisions and the reasons for them, see 68 FR 61248 ( October 27, 2003), and the docket referenced above.

18 index, some information is not publicly available, i. e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in EDOCKET or in hard copy at the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. This Docket Facility is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays.

The Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday,

excluding legal holidays. The telephone number for the Public Reading Room is ( 202) 566 1744,

and the telephone number for the Air Docket is ( 202) 566 1742.

FOR FURTHER INFORMATION CONTACT: Mr. David Svendsgaard, Information Transfer and Program Integration Division ( C339 03), U. S. EPA Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina 27711, telephone number ( 919) 541

2380, facsimile number ( 919) 541 5509, electronic mail address: svendsgaard. dave@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. Today's Final Rule A. What RMRR Exclusion is in Effect After the Court's Order?

On October 27, 2003, EPA published amendments to the regulations governing the PSD and NSR programs mandated under parts C and D of title I of the Clean Air Act ( CAA). These amendments added an " Equipment Replacement Provision" ( ERP) to the Routine Maintenance,

Repair, and Replacement ( RMRR) exclusion from these programs. 2 These amendments were 19 scheduled to take effect on December 26, 2003.

Shortly after publication of the ERP amendments, various parties filed petitions for review of EPA's action in the U. S. Court of Appeals for the District of Columbia Circuit ( State of New York v. EPA, No. 03 1380 and consolidated cases). Upon the motions of various petitioners, the Court ordered the ERP amendmentsnew provisions stayed pending the completion of its review.

The Court issued its order on December 24, 2003. Therefore, the amendmentsnew provisions never became effective.

Today's final rule amends the RMRR exclusion due to the fact that the ERP amendmentsnew provisions have been stayed. The effect of the Court's stay order keeps the text in effect as it existed prior to the new provisions. We have inserted a note into each affected paragraph of the CFR explaining which portions of the rules are affected by the Court's order.

Upon the Court completing its review or otherwise terminating the stay order, EPA will publish an additional notice in the Federal Register reflecting the termination of the stay and the status of the ERP. The effect of the Court's stay order keeps the RMRR exclusion in effect as it existed prior to the ERP amendment for an indefinite duration.

B. What Amendments are Necessary for the PSD FIPs due to the Stay?

On December 24, 2003, EPA promulgated a FIP correction rule, which amended the way in which EPA incorporates § 52.21 into each FIP. The new format incorporates revisions to § 52.21 without further revision to each FIP in each subpart ( see 68 FR 74483). EPA's new format for incorporating § 52.21 into each FIP states that all of § 52.21 is incorporated except paragraph ( a)( 1).

Parties to the litigation on the ERP, as well as states not involved in the litigation, asked 20 whether the FIP correction rule would make the ERP effective in states with PSD FIPs,

notwithstanding the stay. As previously communicated to all parties on January 8, 2004, it is EPA's opinion that, because the FIPs incorporate sections of 52.21 that have been stayed by the court, these " ERP" sections are not effective in the areas covered by the FIPs ( e. g., it does not matter that the FIPs now incorporate § 52.21( cc) because that section is stayed). This result occurs automatically due to the Court's staying of the underlying rule changes at 40 CFR 52.21,

and that further action by the Court or EPA is not necessary.

C. What is the Basis for Finding Good Cause to Make These Amendments Immediately Effective?

The EPA has determined that notice and comment on this amendment to the NSR regulations is not required. Under the Administrative Procedure Act ( 5 U. S. C. 553( b)( 3)( B)), a rule is exempt from notice and public comments requirements " when the agency for a good cause finds ( and incorporates the finding and a brief statements of reasons therefor in the rule issued)

that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest."

The terms of the court order prevented the ERP from coming into effect. In the absence of the ERP, the prior regulatory RMRR exclusion remains in effect. Accordingly, this rule is merely a housekeeping measure that reflects the court order. The action does not have any substantive effect.

Public comment could not change the result dictated by the court order, and is therefore unnecessary and impracticable. In addition, delay in issuing this rule amending the existing regulations could result in confusion on the part of state and local air pollution control agencies as 21 well as the public regarding which RMRR exclusion is in effect. Notice and comment would therefore be contrary to the public interest. Accordingly, EPA has concluded that notice and comment on this rule would be impracticable, unnecessary, and contrary to the public interest,

within the meaning of 5 U. S. C. 553( b)( 3)( B).

The EPA also believes that there is good cause to make today's rule effective immediately,

rather than effective within 30 days, within the meaning of 5 U. S. C. 553( d)( 3). For the reasons stated above, EPA has determined that it is unnecessary, impracticable and contrary to the public interest to delay this rule. In addition, EPA has balanced the necessity for immediate implementation against principles of fundamental fairness, which require that all affected persons be afforded a reasonable amount of time to prepare for the effective date of this rule. In so doing,

EPA has concluded that, because the court order came into effect upon issuance, the benefit to the public of issuing this rule immediately outweighs the need, if any, to give affected parties time to adjust their behavior accordingly. Indeed, EPA has determined that, on balance, making this rule effective immediately is in the public interest and affected parties will better be served by the avoidance of confusion.

II. Statutory and Executive Order Reviews This final rule merely conforms the CFR to the terms of the State of New York v. EPA Court's order of December 24, 2004. In so doing, this rule has no substantive effect. Therefore,

under Executive Order 12866 ( 58 FR 51735, October 4, 1993), this action is not a " significant regulatory action" and is therefore not subject to OMB review. Because this action is not subject to notice and comment requirements under the Administrative Procedure Act or any other statute, it is not subject to the Regulatory Flexibility Act ( 5 U. S. C. 601 et seq.) or sections 202 22 and 205 of the Unfunded Mandates Reform Act of 1995 ( UMRA) ( Public Law 104 4). In addition, this action does not significantly or uniquely affect small governments. This rule does not have tribal implications, as specified in Executive Order 13175 ( 63 FR 67249, November 9,

2000). This action will not have federalism implications, as specified in Executive Order 13132 ( 64 FR 43255, August 10, 1999). This action also is not subject to Executive Order 13045 ( 62 FR 19885, April 23, 1997), because it is not economically significant. This action is not subject to Executive Order 13211, " Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" ( 66 FR 28355 ( May 22, 2001)) because it is not a significant regulatory action under Executive Order 12866. This action does not involve technical standards;

thus, the requirements of section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( 15 U. S. C. 272 note) do not apply. The Office of Management and Budget ( OMB)

approved the information collection requirements contained for the NSR regulations that are in effect as a result of the court order under the provisions of the Paperwork Reduction Act, 44 U. S. C. 3501 et seq. and has assigned OMB control number 2060 0003, EPA ICR number 1230.10.

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

House of Representatives, and the Comptroller General of the United States prior to publication 23 of the rule in the Federal Register. This rule is not a " major rule" as defined by 5 U. S. C. 804( 2). 24 List of Subjects in 40 CFR Parts 51 and 52 Environmental protection, Administrative practices and procedures, Air pollution control,

Intergovernmental relations, Reporting and recordkeeping requirements.

___________________ ______________________________________

Dated: Michael O. Leavitt Administrator 25 PART 51  [ AMENDED]

1. The authority citation for part 51 continues to read as follows:

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

2. Section 51.165 is amended:

a. by adding a note to paragraph ( a)( 1)( v)( C)( 1) as follows:

( a) * * *

( 1) * * *

( v) * * *

( C) * * *

( 1) NOTE: On December 24, 2003, the second sentence of this paragraph ( a)( 1)( v)( C)( 1) is stayed indefinitely by court order. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

b. by adding a note to paragraph ( a)( 1)( xliii) as follows:

( a) * * *

( 1) * * * 26 ( xliii) NOTE: By a court order on December 24, 2003, this paragraph ( a)( 1)( xliii) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

c. by adding a note to paragraph ( a)( 1)( xliv) as follows:

( a) * * *

( 1) * * *

( xliv) NOTE: By a court order on December 24, 2003, this paragraph ( a)( 1)( xliv) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

d. by adding a note to paragraph ( a)( 1)( xlv) as follows:

( a) ***

( 1) * * *

( xlv) NOTE: By a court order on December 24, 2003, this paragraph ( a)( 1)( xlv) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

e. by adding a note to paragraph ( a)( 1)( xlvi) as follows: 27 ( a) * * *

( 1) * * *

( xlvi) NOTE: By a court order on December 24, 2003, this paragraph ( a)( 1)( xlvi) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

f. by adding a note to paragraph ( h) as follows:

( h) NOTE: By a court order on December 24, 2003, this paragraph ( b)( 53) is stayed indefinitely.

The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

3. Section 51.166 is amended:

a. by adding a note to paragraph ( b)( 2)( iii)( a) as follows:

( b) * * *

( 2) * * *

( iii) * * *

( a) NOTE: On December 24, 2003, the second sentence of this paragraph ( b)( 2)( iii)( a) is stayed indefinitely by court order. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the 28 public of the termination of the stay. * * *

b. by adding a note to paragraph ( b)( 53) as follows:

( b) * * *

( 53) NOTE: By a court order on December 24, 2003, this paragraph ( b)( 53) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

c. by adding a note to paragraph ( b)( 54) as follows:

( b) * * *

( 54) NOTE: By a court order on December 24, 2003, this paragraph ( b)( 54) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

d. by adding a note to paragraph ( b)( 55) as follows:

( b) * * *

( 55) NOTE: By a court order on December 24, 2003, this paragraph ( b)( 55) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * * 29 e. by adding a note to paragraph ( b)( 56) as follows:

( b) * * *

( 56) NOTE: By a court order on December 24, 2003, this paragraph ( b)( 56) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

f. by adding a note to paragraph ( y) as follows:

( y) NOTE: By a court order on December 24, 2003, this paragraph ( y) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time,

EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

PART 52  [ AMENDED]

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

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

2. Section 52.21 is amended:

a. by adding a note to paragraph ( b)( 2)( iii)( a) as follows: 30 ( b) * * *

( 2) * * *

( iii) * * *

( a) NOTE: By court order on December 24, 2003, the second sentence of this paragraph ( b)( 2)( iii)( a) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

b. by adding a note to paragraph ( b)( 55) as follows:

( b) * * *

( 55) NOTE: By a court order on December 24, 2003, this paragraph ( b)( 55) is stayed indefinitely.

The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

c. by adding a note to paragraph ( b)( 56) as follows:

( b) * * *

( 56) NOTE: By a court order on December 24, 2003, this paragraph ( b)( 56) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * * 31 d. by adding a note to paragraph ( b)( 57) as follows:

( b) * * *

( 57) NOTE: By a court order on December 24, 2003, this paragraph ( b)( 57) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

e. by adding a note to paragraph ( b)( 58) as follows:

( b) * * *

( 58) NOTE: By a court order on December 24, 2003, this paragraph ( b)( 58) is stayed indefinitely. The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *

f. by adding a note to paragraph ( cc) as follows:

( cc) NOTE: By a court order on December 24, 2003, this paragraph ( cc) is stayed indefinitely.

The stayed provision will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. * * *