[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Rules and Regulations]
[Pages 25885-25891]
[FR Doc No: 2018-11825]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1421; Product Identifier 2014-NM-177-AD; Amendment
39-19302; AD 2018-11-14]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 767-300 and -300F series airplanes. This AD
was prompted by reports of fatigue cracking on airplanes with Aviation
Partners Boeing winglets installed. This AD requires high frequency
eddy current (HFEC) inspections for cracking of the lower outboard wing
skin, and repair or modification if necessary. This AD also requires
one of three follow-on actions: Repeating the HFEC inspections,
modifying certain internal stringers and oversizing and plugging the
existing fastener holes of the lower wing, or modifying the external
doubler/tripler and doing repetitive post-modification inspections. We
are issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective July 10, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 10,
2018.

ADDRESSES: For service information identified in this final rule,
contact Aviation Partners Boeing, 2811 S. 102nd Street, Suite 200,
Seattle, WA 98168; telephone<PHONE_NUMBER>; internet https://www.aviationpartnersboeing.com. You may view this service information
at the FAA, Transport Standards Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1421.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1421; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is Docket Operations, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Allen Rauschendorfer, Aerospace
Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th
St., Des Moines, WA; phone and fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 767-300 and -300F series airplanes. The NPRM published in the
Federal Register on June 5, 2015 (80 FR 32066). The NPRM was prompted
by reports of fatigue cracking on airplanes with Aviation Partners
Boeing winglets installed. The NPRM proposed to require a HFEC
inspection for cracking of the lower outboard wing skin, and repair or
modification if necessary. The NPRM also proposed to require one of
three follow-on actions: Repeating the HFEC inspections, modifying
certain internal stringers and oversizing and plugging the existing
fastener holes of the lower wing, or modifying the external doubler/
tripler and doing repetitive post-modification inspections.
    We issued an SNPRM to amend 14 CFR part 39 by adding an AD that
would apply to certain The Boeing Company Model 767-300 and -300F
series airplanes. The SNPRM published in the Federal Register on
November 27, 2017 (82 FR 55958). The SNPRM proposed adding new HFEC
inspections for cracking of an expanded area of the lower outboard wing
skin for certain airplanes.
    We are issuing this AD to address fatigue cracking in the lower
outboard wing skin, which could result in failure and subsequent
separation of the wing and winglet and consequent reduced
controllability of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
SNPRM and the FAA's response to each comment. One commenter, Matt
Leritz, supported the content of the SNRPM.

Request To Correct Compliance Time

    Aviation Partners Boeing (APB) and United Airlines (UAL) asked that
we correct the compliance time in paragraphs (h)(2)(ii) and (h)(3)(ii)
of the proposed AD (in the SNPRM). The commenters stated that those
paragraphs would require the initial post-repair HFEC inspection of the
lower wing skin at stringer L-6.5 at the applicable time specified in
paragraph 1.E., ``Compliance,'' of Aviation Partners Boeing Service
Bulletin AP767-57-014, Revision 1, dated April 12, 2017. The commenters
added that the compliance time for the Part 3 HFEC inspection specified
in paragraph 1.E. does not begin after doing the Part 2 repair, but
instead begins after the initial issue of the service bulletin (after
the effective date of the AD). UAL stated that, as written, this would
require doing post-repair inspections on airplanes above the total
flight-hour and flight-cycle threshold within 18 months after the
effective date of the AD, regardless of if or when the repair was
actually done. APB confirmed that the calendar-based compliance time in
the referenced service information, for airplanes in Group 1,
Configurations 2 and 3, and Groups 2 and 3, should be the same as for
airplanes in Group 1, Configuration 1, on which the Part 2 repair has
been done. The commenters asked that the compliance time for the Part 3
HFEC inspection be corrected to the following: ``Within 6,000 flight
cycles after doing the Part 2 repair, or within 18,000 flight hours
since doing the Part 2 repair, whichever occurs first.''
    We agree with the commenters' request for the reasons provided. We
have added paragraph (j)(3) of this AD to include this compliance-time
exception.

Request To Remove a Certain Terminating Action

    Boeing asked that we remove the terminating action sentence at the
end of paragraph (g)(2) of the proposed AD (in the SNPRM). Paragraph
(g)(2) of the proposed AD (in the SNPRM) applies to Group 3 airplanes
with external doublers, and if a crack is found it requires a repair
using a method

approved by the FAA. That paragraph also specifies that ``[a]n approved
repair terminates the repetitive inspections required by paragraph
(g)(2) of this AD.'' Boeing stated that any repair for cracks found
will require follow-on repetitive inspections, which would be approved
as part of the AMOC repair approval process.
    We agree that the repairs for Group 3 airplanes will have an
approved follow-on inspection program, but the repairs may apply to the
cracked areas only. We do not agree with removing the terminating
action provision because other areas may require the repetitive
inspections specified in paragraph (g)(2) of this AD, for which
approved terminating action would be appropriate. We have revised that
sentence as follows: ``An approved repair terminates the repetitive
inspections required by paragraph (g)(2) of this AD for the repaired
area only.''

Request To Add Grace Period for Post-Repair (Modification) Inspections

    American Airlines (AAL), APB, UAL, and Delta Airlines (Delta) asked
that we add a grace period for the proposed post-repair (modification)
inspections.
    AAL stated that Table 4 of paragraph 1.E., ``Compliance,'' of
Aviation Partners Boeing Service Bulletin AP767-57-010, Revision 11,
dated April 3, 2017, includes numerous inspections that are due within
a specified number of flight hours or flight cycles after previous
repair or modification of the airplane. AAL added that since it has
completed many repairs and modifications using previous revisions of
the referenced service information, there will be airplanes out of
compliance with the AD requirements on the effective date because there
is no grace period based on the AD due date.
    APB and Delta stated that paragraph (g) of the proposed AD (in the
SNPRM) specifies compliance times specified in paragraph 1.E.,
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-57-
010, Revision 11, dated April 3, 2017, for initial post-repair
inspections. APB added that the referenced service information added a
flight-hour threshold of 90,000 total flight cycles to the existing
flight-cycle threshold of 30,000 total flight cycles for the initial
compliance time. APB noted that the grace period published in the
referenced service information for airplanes on which the flight-hour
or flight-cycle threshold has been reached is set to 18 months after
accomplishment of the repair. APB stated that this creates a drop-dead
inspection situation for airplanes on which either the flight-hour or
flight-cycle threshold has been reached, and on which the Part 8 or
Part 11 repair was accomplished over 18 months ago. Delta stated that
the compliance table on pages (i) and (ii) of Aviation Partners Boeing
Service Bulletin AP767-57-010, Revision 11, dated April 3, 2017, should
be added to paragraph 1.E., ``Compliance'' and included in the AD.
    UAL stated that paragraph (g) of the proposed AD (in the SNPRM)
would require the repetitive post-repair inspections specified in Parts
9 and 13 of Aviation Partners Boeing Service Bulletin AP767-57-010,
Revision 11, dated April 3, 2017, in airplane total times or within 18
months after accomplishment of Part 8 and 11 repairs, respectively. UAL
is concerned that older airplanes on which the repair was done more
than 18 months ago could be out of compliance on the effective date of
the AD. UAL noted that the 18-month grace period covers the initial
inspection, but does not cover post-repair inspections. UAL suggested
that we provide similar relief for airplanes on which the threshold has
been exceeded.
    We do not agree with the commenters' requests to add a grace
period. The current revisions of the referenced service information
provide a compliance time of 18 months for the initial inspection for
all airplanes. The compliance times for certain conditional inspections
are in terms of airplane threshold or time since accomplishment of the
specified repair or modification. Those previously installed repairs or
modifications may have been done using a version of Aviation Partners
Boeing Service Bulletin AP767-57-010 before Revision 11 or alternative
method, and may involve deviations, additional repair activity, and
previous repairs. Under the provisions of paragraph (k) of this AD, we
will consider requests for approval of AMOCs to extend the compliance
time if sufficient data are submitted to substantiate that it would
provide an acceptable level of safety. We have determined that each
situation must be handled separately in the AMOC evaluation. We have
not changed this AD in this regard.

Request To Add Compliance Tables to Certain Service Information

    Delta asked that a compliance table be added to Aviation Partners
Boeing Service Bulletin AP767-57-014, Revision 1, dated April 12, 2017,
for airplanes on which the actions specified in Aviation Partners
Boeing Service Bulletin AP767-57-010 have been previously accomplished.
Delta noted that page i of Aviation Partners Boeing Service Bulletin
AP767-57-014, Revision 1, dated April 12, 2017, provides a compliance
information table only for Group 3 airplanes; there are no tables for
Groups 1 and 2 airplanes.
    We do not agree with the commenter's request. The compliance
information table on page i of Aviation Partners Boeing Service
Bulletin AP767-57-014, Revision 1, dated April 12, 2017, provides only
a description of additional work, if any, necessary based on work
accomplished using the previous revision. These tables are reference
information only, and do not reflect all the actions required by the
AD. The necessary compliance tables are provided in paragraph 1.E.,
``Compliance'' of Aviation Partners Boeing Service Bulletin AP767-57-
014, Revision 1, dated April 12, 2017. Therefore, we have not changed
this AD in this regard.

Request To Clarify Group 4 Airplanes Not Affected

    UAL asked that we include a clarification in the proposed AD (in
the SNPRM) that Group 4 airplanes are not affected. UAL stated that
Group 4 airplanes are identified in the effectivity table in paragraph
1.A. of Aviation Partners Boeing Service Bulletin AP767-57-010,
Revision 11, dated April 3, 2017. UAL noted that an equivalent change
to the service information was incorporated during winglet installation
with no additional work being necessary. UAL asked that we add
paragraph (g)(3) to the AD to clarify that Group 4 airplanes are not
affected by the requirements in the AD.
    We agree with the commenter for the reasons provided. Aviation
Partners Boeing Service Bulletin AP767-57-010, Revision 11, dated April
3, 2017, specifies that an equivalent change has been incorporated in
APB winglet retrofit kits for Group 4 airplanes, and that no more work
is necessary on those airplanes. We have included a clarification in
paragraph (g)(3) of this AD that specifies that Group 4 airplanes are
not affected by the actions required by paragraph (g) of this AD.

Request To Remove an Airplane Having a Certain Line Number

    FedEx asked that we remove the airplane having line number 1027
from the applicability in the proposed AD (in the SNPRM), or allow
Aviation Partners Boeing Service Bulletin AP767-57-012, dated September
2015, as an AMOC. FedEx stated that it will be modifying that airplane
by removing the winglets and installing Boeing wing tips in accordance
with Aviation Partners Boeing Service Bulletin AP767-57-012,

dated September 2015. FedEx anticipated that the modification will be
completed prior to the effective date of the AD. FedEx added that the
unsafe condition will be addressed when the winglets are removed.
    We do not agree with the commenter's request. There are many
factors that led to the cracking of the lower wing skin, and the
additional loading of the winglet is only one of those factors. Other
contributory factors are design details with the added internal wing
structure, which resulted in shortening the fatigue life of the blended
winglet installation. We have not changed this AD in this regard.

Request Approval for Alternative Open Hole HFEC Inspection

    UAL asked that provisions be added to paragraph (g) of the proposed
AD (in the SNPRM) to allow an alternative open-hole HFEC inspection
procedure to inspect for cracking at the five inboard fastener
locations. UAL stated that an open-hole HFEC inspection with the
fasteners removed, in accordance with nondestructive test (NDT) Part 6,
Chapter 51-00-16, using the same notch sensitivity provides an
equivalent crack detection method. UAL added that APB has concurred
with the inspection. UAL concluded that it has been performing the
optional preventive modification, which trims out the skin containing
the five fastener holes, and allows for the open-hole HFEC to be
performed easily because the fasteners in the doubler are removed.
    We do not agree with the commenter's request. Although UAL
developed an inspection method that works better for its situation, the
HFEC inspection specified in the referenced service information is
required by this AD to address all situations. However, under the
provisions of paragraph (k) of this AD, we will consider requests for
approval of AMOCs if sufficient data are submitted to substantiate that
the open-hole HFEC inspection procedure provides an acceptable level of
safety. We have not changed this AD in this regard.

Request To Clarify Credit for Previously Accomplished Repairs Approved
by an Organization Designation Authorization (ODA)

    All Nippon Airways (ANA), AAL, APB, and Delta asked that we clarify
credit in paragraph (i) of the proposed AD (in the SNPRM), for
previously accomplished repairs approved by a Boeing ODA prior to June
15, 2017.
    ANA stated that during discussions with the FAA, it was informed
that repair deviations approved by Boeing ODAs prior to the FAA
approval of the APB revised fatigue analysis issued on June 15, 2017,
and the release of Aviation Partners Boeing Service Bulletins AP767-57-
010, Revision 11, AP767-57-013, Revision 1, and AP767-57-014, Revision
1, do not qualify for AMOC credit to the AD after it is released. ANA
added that the proposed AD (in the SNPRM) would provide AMOC credit for
repair deviations approved by Boeing ODAs with 8100-9 forms dated after
June 15, 2017, because the Boeing ODAs would be using the APB revised
fatigue analysis.
    AAL stated that paragraph (i) of the proposed AD (in the SNPRM)
specifies that repairs accomplished before June 15, 2017, and before
the AD effective date approved by a Boeing ODA can be considered
approved repairs in accordance with paragraphs (g) and (h) of the
proposed AD (in the SNPRM). AAL added that Boeing has indicated through
Multi-Operator Message MOM-MOM-17-0480-01B that repairs approved prior
to June 15, 2017, can be re-evaluated and approved on a new 8100-9
form. AAL noted that the language in paragraph (i) should be clarified
to indicate that repairs accomplished prior to June 15, 2017, are also
acceptable, as long as they have an 8100-9 approval from a Boeing ODA
dated after June 15, 2017.
    APB requested that we clarify paragraph (i) of the proposed AD (in
the SNPRM) to state that accomplishment of previous revisions of
Aviation Partners Boeing Service Bulletins AP767-57-010 should be
acceptable for credit for previously accomplished repairs and
modifications of the lower outboard wing skin. APB stated that after
the effective date of the AD, operators that did not seek relief for
previously completed actions would need to request approval of AMOCs.
    Delta stated that paragraph (i) of the proposed AD (in the SNPRM)
provides repair approval for repairs of the lower outboard wing skin
done after June 15, 2017, and before the effective date of the AD, that
are approved by the Boeing ODA authorized by the Manager, Seattle ACO
Branch, are approved for the applicable repairs required by paragraphs
(g) and (h) of the AD. Delta added that prior to issuance of the
referenced service information, both inspection and repair instructions
for stringers L-9.5 and L-6.5 were contained in Revisions 1, 2, 4, 6,
7, 8, and 9 of Aviation Partners Boeing Service Bulletin AP767-57-010.
Delta added that it has performed many inspections and repairs for
stringers L-9.5 and L-6.5 with those revisions. Delta suggested that
credit be provided for repairs approved by a Boeing 8100-9 or
previously accomplished using Revisions 1, 2, 4, 6, 7, 8, and 9 of
Aviation Partners Boeing Service Bulletin AP767-57-010. Delta added
that AMOCs will have to be obtained for each approved 8100-9 if no
credit is provided.
    We agree to clarify the language in paragraph (i) of this AD to
include certain language provided by the commenters' for the reasons
provided. We have clarified the language in paragraph (i) of this AD by
adding that the ODA repairs approved after June 15, 2017, and before
the effective date of this AD, will have post-installation inspection
requirements in lieu of the post-inspection instructions specified in
Aviation Partners Boeing Service Bulletin AP767-57-010, Revision 11,
dated April 3, 2017; and Aviation Partners Boeing Service Bulletin
AP767-57-014, Revision 1, dated April 12, 2017.

Request To Correct Error in Service Information

    APB and UAL asked that we correct an error specified in Part 13 of
Aviation Partners Boeing Service Bulletin AP767-57-010, Revision 11,
dated April 3, 2017.
    APB and UAL stated that paragraphs (g)(1)(i)(D)(2),
(g)(1)(ii)(B)(2), and (g)(1)(iii)(B)(2) of the proposed AD (in the
SNPRM) would require the post-repair HFEC inspection in accordance with
Part 13 of the referenced service information. UAL stated that Part 13,
Step 1.d., specifies repeating the Part 9 HFEC inspection; however, it
should specify repeating the Part 13 HFEC inspection because Part 9
applies to airplanes without the stringer replacement. UAL noted that
the paragraphs in the proposed AD (in the SNPRM) correctly specify
repeating the Part 13 HFEC inspection. UAL added that the steps in the
referenced service information are listed as RC (required for
compliance), and must be done to comply with the AD.
    We agree that the error exists in the service information. We have
added an exception in paragraph (j)(4) of this AD that specifies
repeating the Part 13 HFEC inspection instead of the Part 9 inspection.

Request To Provide Credit for Previous Service Information

    AAL, UAL, and United Parcel Service (UPS) asked that we provide
credit for doing the modification required by paragraph (i) of the
proposed AD (in the SNPRM) using previous revisions of the referenced
service information. UAL and UPS noted that paragraph (i) of the

proposed AD (in the NPRM), which provided credit for previous actions
using previous revisions of the referenced service information, was
deleted in the SNPRM.
    We do not agree with the commenters' requests. No credit is given
for previously installed repairs or modifications due to each situation
being unique; therefore, a re-evaluation will have to be done and may
involve additional work for certain airplanes. Under the provisions of
paragraph (k) of this AD, we will consider requests for approval of
AMOCs if sufficient data are submitted to substantiate that work done
using previous revisions of the service information provides an
acceptable level of safety. We have not changed this AD 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 final rule 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
SNPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed APB Service Bulletin AP767-57-010, Revision 11, dated
April 3, 2017. The service information describes procedures for an HFEC
inspection for cracking of the external surface of the lower outboard
wing skin at stringer L-9.5, and on-condition actions that include
repetitive HFEC inspections, modification by oversizing and plugging
the existing fastener holes of the wing skin, repair (modification) of
the stringer with new stringer, and repair (modification) of the
stringer with external doubler/tripler; repetitive post-repair
inspections for cracking, and repair.
    We also reviewed APB Service Bulletin AP767-57-014, Revision 1,
dated April 12, 2017. The service information describes procedures for
an HFEC inspection for cracking of the lower outboard wing skin at
stringer L-6.5 and on-condition actions that include repetitive HFEC
inspections, repair (modification) of the stringer with new stringer,
repetitive post-repair HFEC inspections for cracking, and repair.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 140 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                        Estimated Costs--Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
HFEC Inspections......................  6 work-hours x $85 per                $0            $510         $71,400
                                         hour = $510.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary on-condition
actions that would be required based on the results of the inspection.
We have no way of determining the number of aircraft that might need
these on-condition actions.

                                      Estimated Costs--On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Post-repair Inspections.......................  6 work-hours x $85 per hour =                 $0            $510
                                                 $510 per inspection cycle.
Repair/Modification...........................  262 work-hours x $85 per hour =                0          22,270
                                                 $22,270.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for on-condition repairs for the post-repair inspections
specified in this AD.

Authority for This Rulemaking

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

Regulatory Findings

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

    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2018-11-14 The Boeing Company: Amendment 39-19302; Docket No. FAA-
2015-1421; Product Identifier 2014-NM-177-AD.

(a) Effective Date

    This AD is effective July 10, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-300 and -300F
series airplanes, certificated in any category, with Aviation
Partners Boeing winglets installed; as identified in Aviation
Partners Boeing Service Bulletin AP767-57-010, Revision 11, dated
April 3, 2017; and Aviation Partners Boeing Service Bulletin AP767-
57-014, Revision 1, dated April 12, 2017.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of fatigue cracking in the lower
outboard wing skin at the inboard fastener of stringer L-9.5, and
the lower outboard wing skin of stringer L-6.5, on airplanes with
winglets installed per Supplemental Type Certificate ST01920SE. We
are issuing this AD to prevent fatigue cracking in the lower
outboard wing skin, which could result in failure and subsequent
separation of the wing and winglet and consequent reduced
controllability of the airplane.

(f) Compliance

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

(g) Repetitive Stringer L-9.5 Inspections, Modification, Repair
(Modification), Repetitive Post-Repair Inspections, and Repair

    (1) For Group 1 and Group 2 airplanes identified in Aviation
Partners Boeing Service Bulletin AP767-57-010, Revision 11, dated
April 3, 2017: At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-
57-010, Revision 11, dated April 3, 2017, except as required by
paragraph (j)(1) of this AD: Do a high frequency eddy current (HFEC)
inspection for cracking of the lower outboard wing skin at stringer
L-9.5, in accordance with Part 1 of the Accomplishment Instructions
of Aviation Partners Boeing Service Bulletin AP767-57-010, Revision
11, dated April 3, 2017.
    (i) For airplanes on which ``Condition 1'' is found, as defined
in the Accomplishment Instructions of Aviation Partners Boeing
Service Bulletin AP767-57-010, Revision 11, dated April 3, 2017,
during any inspection required by paragraph (g)(1) or (g)(1)(i)(A)
of this AD: Do the applicable actions required by paragraph
(g)(1)(i)(A), (g)(1)(i)(B), (g)(1)(i)(C), or (g)(1)(i)(D) of this
AD.
    (A) Repeat the inspection specified in paragraph (g)(1) of this
AD thereafter at the applicable times specified in paragraph 1.E.,
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-
57-010, Revision 11, dated April 3, 2017.
    (B) Do the applicable actions required by paragraphs
(g)(1)(i)(B)(1), (g)(1)(i)(B)(2), and (g)(1)(i)(B)(3) of this AD.
    (1) Before further flight, do actions (modifications and repair
(modification)) in accordance with Part 2, Part 3, Part 4, and Part
5, as applicable, of the Accomplishment Instructions of Aviation
Partners Boeing Service Bulletin AP767-57-010, Revision 11, dated
April 3, 2017.
    (2) For airplanes on which the repair (modification) specified
in Part 5 of Aviation Partners Boeing Service Bulletin AP767-57-010
was done: At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-
57-010, Revision 11, dated April 3, 2017, do a post-repair HFEC
inspection for cracking, in accordance with Part 12 of the
Accomplishment Instructions of Aviation Partners Boeing Service
Bulletin AP767-57-010, Revision 11, dated April 3, 2017; and repeat
the inspection thereafter at the applicable times specified in
paragraph 1.E., ``Compliance,'' of Aviation Partners Boeing Service
Bulletin AP767-57-010, Revision 11, dated April 3, 2017.
    (3) If any crack is found during any inspection required by
paragraph (g)(1)(i)(B)(2) of this AD, repair before further flight
using a method approved in accordance with the procedures specified
in paragraph (k) of this AD.
    (C) Do the actions required by paragraphs (g)(1)(i)(C)(1) and
(g)(1)(i)(C)(2) of this AD, and do all applicable actions required
by paragraph (g)(1)(i)(C)(3) of this AD.
    (1) Before further flight, repair (modify) in accordance with
Part 8 of the Accomplishment Instructions of Aviation Partners
Boeing Service Bulletin AP767-57-010, Revision 11, dated April 3,
2017.
    (2) At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-
57-010, Revision 11, dated April 3, 2017, do a post-repair HFEC
inspection for cracking, in accordance with Part 9 of the
Accomplishment Instructions of Aviation Partners Boeing Service
Bulletin AP767-57-010, Revision 11, dated April 3, 2017; and repeat
the inspection thereafter at the applicable times specified in
paragraph 1.E., ``Compliance,'' of Aviation Partners Boeing Service
Bulletin AP767-57-010, Revision 11, dated April 3, 2017.
    (3) If any crack is found during any inspection required by
paragraph (g)(1)(i)(C)(2) of this AD, repair before further flight
using a method approved in accordance with the procedures specified
in paragraph (k) of this AD.
    (D) Do the actions required by paragraphs (g)(1)(i)(D)(1) and
(g)(1)(i)(D)(2) of this AD, and do all applicable actions required
by paragraph (g)(1)(i)(D)(3) of this AD.
    (1) Before further flight, repair (modify) in accordance with
Part 11 of the Accomplishment Instructions of Aviation Partners
Boeing Service Bulletin AP767-57-010, Revision 11, dated April 3,
2017.
    (2) At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-
57-010, Revision 11, dated April 3, 2017, do a post-repair HFEC
inspection for cracking, in accordance with Part 13 of the
Accomplishment Instructions of Aviation Partners Boeing Service
Bulletin AP767-57-010, Revision 11, dated April 3, 2017; and repeat
the inspection thereafter at the applicable times specified in
paragraph 1.E., ``Compliance,'' of Aviation Partners Boeing Service
Bulletin AP767-57-010, Revision 11, dated April 3, 2017; except as
required by paragraph (j)(4) of this AD.
    (3) If any crack is found during any inspection required by
paragraph (g)(1)(i)(D)(2) of this AD, repair before further flight
using a method approved in accordance with the procedures specified
in paragraph (k) of this AD.
    (ii) For airplanes on which ``Condition 2'' is found, as defined
in the Accomplishment Instructions of Aviation Partners Boeing
Service Bulletin AP767-57-010, Revision 11, dated April 3, 2017,
during any inspection required by paragraph (g)(1) or (g)(1)(i)(A)
of this AD: Do the actions required by paragraph (g)(1)(ii)(A) or
(g)(1)(ii)(B) of this AD.
    (A) Do the actions required by paragraphs (g)(1)(ii)(A)(1) and
(g)(1)(ii)(A)(2) of this AD, and do all applicable actions required
by paragraph (g)(1)(ii)(A)(3) of this AD.
    (1) Before further flight, repair (modify) in accordance with
Part 8 of the Accomplishment Instructions of Aviation Partners
Boeing Service Bulletin AP767-57-010, Revision 11, dated April 3,
2017.
    (2) At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-
57-

010, Revision 11, dated April 3, 2017, do a post-repair HFEC
inspection for cracking, in accordance with Part 9 of the
Accomplishment Instructions of Aviation Partners Boeing Service
Bulletin AP767-57-010, Revision 11, dated April 3, 2017; and repeat
the inspection thereafter at the applicable times specified in
paragraph 1.E., ``Compliance,'' of Aviation Partners Boeing Service
Bulletin AP767-57-010, Revision 11, dated April 3, 2017.
    (3) If any crack is found during any inspection required by
paragraph (g)(1)(ii)(A)(2) of this AD, repair before further flight
using a method approved in accordance with the procedures specified
in paragraph (k) of this AD.
    (B) Do the actions required by paragraphs (g)(1)(ii)(B)(1) and
(g)(1)(ii)(B)(2) of this AD, and do all applicable actions required
by paragraph (g)(1)(ii)(B)(3) of this AD.
    (1) Before further flight, repair (modify) in accordance with
Part 11 of the Accomplishment Instructions of Aviation Partners
Boeing Service Bulletin AP767-57-010, Revision 11, dated April 3,
2017.
    (2) At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-
57-010, Revision 11, dated April 3, 2017, do a post-repair HFEC
inspection for cracking, in accordance with Part 13 of the
Accomplishment Instructions of Aviation Partners Boeing Service
Bulletin AP767-57-010, Revision 11, dated April 3, 2017; and repeat
the inspection thereafter at the applicable times specified in
paragraph 1.E., ``Compliance,'' of Aviation Partners Boeing Service
Bulletin AP767-57-010, Revision 11, dated April 3, 2017; except as
required by paragraph (j)(4) of this AD.
    (3) If any crack is found during any inspection required by
paragraph (g)(1)(ii)(B)(2) of this AD, repair before further flight
using a method approved in accordance with the procedures specified
in paragraph (k) of this AD.
    (iii) For airplanes on which ``Condition 3'' is found, as
defined in the Accomplishment Instructions of Aviation Partners
Boeing Service Bulletin AP767-57-010, Revision 11, dated April 3,
2017, during the actions specified in paragraph (g)(1)(i)(B)(1) of
this AD: Do the actions required by paragraph (g)(1)(iii)(A) or
(g)(1)(iii)(B) of this AD.
    (A) Do the actions required by paragraphs (g)(1)(iii)(A)(1) and
(g)(1)(iii)(A)(2) of this AD, and do all applicable actions required
by paragraph (g)(1)(iii)(A)(3) of this AD.
    (1) Before further flight, repair (modify) in accordance with
Part 8 of the Accomplishment Instructions of Aviation Partners
Boeing Service Bulletin AP767-57-010, Revision 11, dated April 3,
2017.
    (2) At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-
57-010, Revision 11, dated April 3, 2017, do a post-repair HFEC
inspection for cracking, in accordance with Part 9 of the
Accomplishment Instructions of Aviation Partners Boeing Service
Bulletin AP767-57-010, Revision 11, dated April 3, 2017; and repeat
the inspection thereafter at the applicable times specified in
paragraph 1.E., ``Compliance,'' of Aviation Partners Boeing Service
Bulletin AP767-57-010, Revision 11, dated April 3, 2017.
    (3) If any crack is found during any inspection required by
paragraph (g)(1)(iii)(A)(2) of this AD, repair before further flight
using a method approved in accordance with the procedures specified
in paragraph (k) of this AD.
    (B) Do the actions required by paragraphs (g)(1)(iii)(B)(1) and
(g)(1)(iii)(B)(2) of this AD, and do all applicable actions required
by paragraph (g)(1)(iii)(B)(3) of this AD.
    (1) Before further flight, repair (modify) in accordance with
Part 11 of the Accomplishment Instructions of Aviation Partners
Boeing Service Bulletin AP767-57-010, Revision 11, dated April 3,
2017.
    (2) At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Aviation Partners Boeing Service Bulletin AP767-
57-010, Revision 11, dated April 3, 2017, do a post-repair HFEC
inspection for cracking, in accordance with Part 13 of the
Accomplishment Instructions of Aviation Partners Boeing Service
Bulletin AP767-57-010, Revision 11, dated April 3, 2017; and repeat
the inspection thereafter at the applicable times specified in
paragraph 1.E., ``Compliance,'' of Aviation Partners Boeing Service
Bulletin AP767-57-010, Revision 11, dated April 3, 2017; except as
required by paragraph (j)(4) of this AD.
    (3) If any crack is found during any inspection required by
paragraph (g)(1)(iii)(B)(2) of this AD, repair before further flight
using a method approved in accordance with the procedures specified
in paragraph (k) of this AD.
    (iv) For airplanes on which ``Condition 4'' is found, as defined
in the Accomplishment Instructions of Aviation Partners Boeing
Service Bulletin AP767-57-010, Revision 11, dated April 3, 2017,
during any action specified in paragraph (g)(1)(i)(C)(1),
(g)(1)(i)(D)(1) (g)(1)(ii)(A)(1), (g)(1)(ii)(B)(1),
(g)(1)(iii)(A)(1), and (g)(1)(iii)(B)(1) of this AD: Repair before
further flight using a method approved in accordance with the
procedures specified in paragraph (k) of this AD.
    (2) For Group 3 airplanes identified in Aviation Partners Boeing
Service Bulletin AP767-57-010, Revision 11, dated April 3, 2017: At
the applicable time specified in paragraph 1.E., ``Compliance,'' of
Aviation Partners Boeing Service Bulletin AP767-57-010, Revision 11,
dated April 3, 2017, or within 6 months after the effective date of
this AD, whichever occurs later, do an HFEC inspection for cracking
of the lower outboard wing skin at stringer L-9.5, in accordance
with Part 7 of the Accomplishment Instructions of Aviation Partners
Boeing Service Bulletin AP767-57-010, Revision 11, dated April 3,
2017. Repeat the inspection thereafter at the applicable time
specified in paragraph 1.E., ``Compliance,'' of Aviation Partners
Boeing Service Bulletin AP767-57-010, Revision 11, dated April 3,
2017. If any cracking is found during any inspection, repair before
further flight using a method approved in accordance with the
procedures specified in paragraph (k) of this AD. An approved repair
terminates the repetitive inspections required by paragraph (g)(2)
of this AD for the repaired area only.
    (3) Group 4 airplanes identified in Aviation Partners Boeing
Service Bulletin AP767-57-010, Revision 11, dated April 3, 2017, are
not affected by the actions required by paragraph (g) of this AD.

(h) Repetitive Stringer L-6.5 Inspections, Repair (Modification),
Repetitive Post-Repair Inspections, and Repair

    (1) For airplanes identified in Boeing Service Bulletin AP767-
57-014, Revision 1, dated April 12, 2017: At the applicable time
specified in paragraph 1.E., ``Compliance,'' of Aviation Partners
Boeing Service Bulletin AP767-57-014, Revision 1, dated April 12,
2017, except as required by paragraph (j)(2) of this AD: Do an HFEC
inspection for cracking of stringer L-6.5 of the lower outboard wing
skin, in accordance with Part 1 of Aviation Partners Boeing Service
Bulletin AP767-57-014, Revision 1, dated April 12, 2017. If no
cracking is found, repeat the inspection thereafter at the
applicable times specified in paragraph 1.E., ``Compliance,'' of
Aviation Partners Boeing Service Bulletin AP767-57-014, Revision 1,
dated April 12, 2017, except as provided by paragraph (h)(3) of this
AD.
    (2) If any crack is found during any inspection required by
paragraph (h)(1) of this AD, do the actions required by paragraphs
(h)(2)(i) and (h)(2)(ii) of this AD, and do all applicable actions
required by paragraph (h)(2)(iii) of this AD.
    (i) Before further flight, repair (modify) stringer L-6.5, in
accordance with Part 2 of the Accomplishment Instructions of
Aviation Partners Boeing Service Bulletin AP767-57-014, Revision 1,
dated April 12, 2017.
    (ii) Except as required by paragraph (j)(3) of this AD: At the
applicable time specified in paragraph 1.E., ``Compliance,'' of
Aviation Partners Boeing Service Bulletin AP767-57-014, Revision 1,
dated April 12, 2017, except as required by paragraph (j)(2) of this
AD, do an HFEC post-repair inspection for cracking, in accordance
with Part 3 of the Accomplishment Instructions of Aviation Partners
Boeing Service Bulletin AP767-57-014, Revision 1, dated April 12,
2017, and repeat the inspection thereafter at the applicable times
specified in paragraph 1.E., ``Compliance,'' of Aviation Partners
Boeing Service Bulletin AP767-57-014, Revision 1, dated April 12,
2017.
    (iii) If any crack is found during any inspection required by
paragraph (h)(2)(ii) of this AD, repair before further flight using
a method approved in accordance with the procedures specified in
paragraph (k) of this AD.
    (3) As an option to the repetitive inspections required by
paragraph (h)(1) of this AD, do the actions required by paragraphs
(h)(3)(i) and (h)(3)(ii) of this AD, and do all applicable actions
required by paragraph (h)(3)(iii) of this AD.
    (i) Before further flight after accomplishing the most recent
inspection required by paragraph (h)(1) of this AD, repair (modify)
stringer L-6.5, in accordance with Part 2 of the Accomplishment
Instructions of Aviation Partners Boeing Service Bulletin AP767-57-
014, Revision 1, dated April 12, 2017.
    (ii) Except as required by paragraph (j)(3) of this AD: At the
applicable time specified

in paragraph 1.E., ``Compliance,'' of Aviation Partners Boeing
Service Bulletin AP767-57-014, Revision 1, dated April 12, 2017,
except as required by paragraph (j)(2) of this AD, do a post-repair
HFEC inspection for cracking, in accordance with Part 3 of the
Accomplishment Instructions of Aviation Partners Boeing Service
Bulletin AP767-57-014, Revision 1, dated April 12, 2017, and repeat
the inspection thereafter at the applicable times specified in
paragraph 1.E., ``Compliance,'' of Aviation Partners Boeing Service
Bulletin AP767-57-014, Revision 1, dated April 12, 2017.
    (iii) If any crack is found during any inspection required by
paragraph (h)(3)(ii) of this AD, repair before further flight using
a method approved in accordance with the procedures specified in
paragraph (k) of this AD.

(i) Repair Approval

    Repairs of the lower outboard wing skin that were approved after
June 15, 2017, and before the effective date of this AD, by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO Branch,
are approved for the applicable repairs required by paragraphs (g)
and (h) of this AD. The ODA repairs will have post-installation
inspection requirements in lieu of the post-inspection instructions
specified in Aviation Partners Boeing Service Bulletin AP767-57-010,
Revision 11, dated April 3, 2017; and Aviation Partners Boeing
Service Bulletin AP767-57-014, Revision 1, dated April 12, 2017.

(j) Exceptions to Service Information Specifications

    (1) Where paragraph 1.E., ``Compliance,'' of Aviation Partners
Boeing Service Bulletin AP767-57-010, Revision 11, dated April 3,
2017, specifies a compliance time ``after the issue date of Revision
11 of this service bulletin,'' this AD requires compliance within
the specified compliance time after the effective date of this AD.
    (2) Where paragraph 1.E., ``Compliance,'' of Aviation Partners
Boeing Service Bulletin AP767-57-014, Revision 1, dated April 12,
2017, specifies a compliance time ``after the initial issue date of
this service bulletin,'' this AD requires compliance within the
specified compliance time after the effective date of this AD.
    (3) For Condition 1 and Condition 2 airplanes: Where paragraph
1.E., ``Compliance,'' of Aviation Partners Boeing Service Bulletin
AP767-57-014, Revision 1, dated April 12, 2017, specifies a
compliance time for accomplishing the Part 3 HFEC inspection of 18
months ``after the initial issue date of this service bulletin,''
the required compliance time is 6,000 flight cycles or 18,000 flight
hours, whichever occurs first, after doing the Part 2 repair.
    (4) For airplanes on which a stringer L-9.5 replacement was
accomplished per Part 11 of Aviation Partners Boeing Service
Bulletin AP767-57-010, Revision 11, dated April 3, 2017: Where
Aviation Partners Boeing Service Bulletin AP767-57-010, Revision 11,
dated April 3, 2017, specifies repeating the post-repair HFEC
inspection ``in Part 9,'' this AD requires repeating the post-repair
HFEC inspection in Part 13.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (l) of this AD. Information may be
emailed to: [email protected].
    (2) 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes ODA that has
been authorized by the Manager, Seattle ACO Branch, to make those
findings. To be approved, the repair method, modification deviation,
or alteration deviation must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.
    (4) Except as required by paragraphs (g)(1)(i)(B)(3),
(g)(1)(i)(C)(3), (g)(1)(i)(D)(3), (g)(1)(ii)(A)(3),
(g)(1)(ii)(B)(3), (g)(1)(iii)(A)(3), (g)(1)(iii)(B)(3), (g)(1)(iv),
(g)(2), (h)(2)(iii), and (h)(3)(iii) of this AD: For service
information that contains steps that are labeled as Required for
Compliance (RC), the provisions of paragraphs (k)(4)(i) and
(k)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(l) Related Information

    For more information about this AD, contact Allen
Rauschendorfer, Aerospace Engineer, Airframe Section, FAA, Seattle
ACO Branch, 2200 South 216th St., Des Moines, WA; phone and fax:
206-231-3528; email: [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Aviation Partners Boeing Service Bulletin AP767-57-010,
Revision 11, dated April 3, 2017.
    (ii) Aviation Partners Boeing Service Bulletin AP767-57-014,
Revision 1, dated April 12, 2017.
    (3) For service information identified in this AD, contact
Aviation Partners Boeing, 2811 S. 102nd Street, Suite 200, Seattle,
WA 98168; telephone<PHONE_NUMBER>; internet https://www.aviationpartnersboeing.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (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 Des Moines, Washington, on May 21, 2018.
James Cashdollar,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-11825 Filed 6-4-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 102 (Thursday, May 26, 2022)]
[Rules and Regulations]
[Pages 31945-31946]
[FR Doc No: 2022-11249]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31429; Amdt. No. 4009]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPS) and associated Takeoff Minimums
and Obstacle Departure procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is May 26, 2022. The compliance date for each SIAP,
associated Takeoff Minimums, and ODP is specified in the amendatory
provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 26, 2022.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30. 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected] or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73169. Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by
establishing, amending, suspending, or removes SIAPS, Takeoff Minimums
and/or ODPS. The complete regulatory description of each SIAP and its
associated Takeoff Minimums or ODP for an identified airport is listed
on FAA form documents which are incorporated by reference in this
amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20.
The applicable FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, 8260-15B,
when required by an entry on 8260-15A, and 8260-15C.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers or
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the typed of SIAPS, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff

Minimums and/or ODPs as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flights safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    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 Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. 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.

Lists of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on May 13, 2022.
Thomas J. Nichols,
Aviation Safety, Flight Standards Service, Manager, Standards Section,
Flight Procedures & Airspace Group, Flight Technologies & Procedures
Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CRF part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 14 July 2022

Elim, AK, PFEL, ELIM TWO Graphic DP
Elim, AK, PFEL, RNAV (GPS) RWY 1, Amdt 1
Elim, AK, PFEL, RNAV (GPS) RWY 19, Orig-C, CANCELLED
Elim, AK, PFEL, RNAV (GPS)-A, Orig
Palm Springs, CA, KPSP, RNAV (GPS) Z RWY 31L, Orig
St Petersburg-Clearwater, FL, KPIE, RNAV (GPS) RWY 18, Amdt 1
St Petersburg-Clearwater, FL, KPIE, RNAV (GPS) RWY 36, Amdt 1
Thomaston, GA, KOPN, NDB RWY 30, Amdt 4
Fort Dodge, IA, KFOD, ILS OR LOC RWY 6, Amdt 8
Fort Dodge, IA, KFOD, VOR RWY 12, Amdt 15A, CANCELLED
Fort Dodge, IA, KFOD, VOR/DME RWY 30, Amdt 11B, CANCELLED
Colby, KS, KCBK, RNAV (GPS) RWY 17, Amdt 2
Independence, KS, KIDP, ILS OR LOC RWY 35, Amdt 3
Independence, KS, KIDP, VOR-A, Amdt 3B
Liberal, KS, KLBL, ILS OR LOC RWY 35, Amdt 5
Liberal, KS, KLBL, VOR RWY 4, Amdt 3A, CANCELLED
Liberal, KS, KLBL, VOR/DME RWY 17, Amdt 4A, CANCELLED
Auburn/Lewiston, ME, KLEW, ILS OR LOC RWY 4, Amdt 12
Old Town, ME, KOLD, VOR RWY 22, Amdt 6
Traverse City, MI, KTVC, RNAV (GPS) RWY 18, Orig-C
Traverse City, MI, KTVC, Takeoff Minimums and Obstacle DP, Amdt 13
Corinth, MS, KCRX, ILS OR LOC RWY 18, Amdt 4
Iuka, MS, 15M, RNAV (GPS) RWY 1, Orig
Iuka, MS, 15M, RNAV (GPS) RWY 19, Orig
Iuka, MS, IUKA, Takeoff Minimums and Obstacle DP, Orig
Miles City, MT, KMLS, RNAV (GPS) RWY 13, Amdt 1
Miles City, MT, KMLS, RNAV (GPS) RWY 31, Amdt 1
Miles City, MT, KMLS, VOR RWY 4, Amdt 14A
Bartlesville, OK, KBVO, LOC RWY 17, Amdt 4
Sparta, TN, KSRB, RNAV (GPS) RWY 4, Orig-E
Amarillo, TX, KAMA, ILS OR LOC RWY 4, Amdt 23
Wink, TX, KINK, RNAV (GPS) RWY 31, Amdt 1B
Arlington, WA, KAWO, RNAV (GPS) RWY 34, Orig-B

[FR Doc. 2022-11249 Filed 5-25-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 142 (Wednesday, July 24, 2019)]
[Notices]
[Pages 35667-35668]
[FR Doc No: 2019-15687]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: CP19-490-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Joint Abbreviated Application for a Certificate of
Public Convenience and Necessity, Abandonment Authorization and Related
Authorizations of Gulf South Pipeline Company, LP, et al.
    Filed Date: 7/16/19.
    Accession Number: 20190716-5115.
    Comments Due: 5 p.m. ET 8/6/19.

    Docket Number: PR19-68-000.
    Applicants: Minnesota Energy Resources Corporation.
    Description: Tariff filing per 284.123(b),(e)+(g): MERC Rate Update
to be effective 7/1/2019.
    Filed Date: 7/16/19.
    Accession Number:<PHONE_NUMBER>86.
    Comments Due: 5 p.m. ET 8/6/19.
    284.123(g) Protests Due: 5 p.m. ET 9/16/19.

    Docket Numbers: RP18-556-003.
    Applicants: Southern Natural Gas Company, L.L.C.
    Description: Compliance filing Rate Case Settlement--2019
Implementation to be effective 9/1/2019.
    Filed Date: 7/17/19.
    Accession Number: 20190717-5017.
    Comments Due: 5 p.m. ET 7/29/19.

    Docket Numbers: RP19-1090-001.
    Applicants: American Midstream (AlaTenn), LLC.
    Description: Request for Extension of Time to Implement NAESB 3.1
Standards Per Order No. 587-Y of American Midstream (AlaTenn), LLC
under RP19-1090.
    Filed Date: 7/17/19.
    Accession Number: 20190717-5062.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: RP19-1091-002.
    Applicants: American Midstream (Midla), LLC.
    Description: Request for Extension of Time to Implement NAESB 3.1
Standards Per Order No. 587-Y of American Midstream (Midla), LLC under
RP19-1091.
    Filed Date: 7/17/19.
    Accession Number: 20190717-5064.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: RP19-1092-001.
    Applicants: Destin Pipeline Company, L.L.C.
    Description: Request for Extension of Time to Implement NAESB 3.1
Standards Per Order No. 587-Y of Destin Pipeline Company, L.L.C. under
RP19-1092.
    Filed Date: 7/17/19.
    Accession Number: 20190717-5065.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: RP19-1093-001.
    Applicants: High Point Gas Transmission, LLC.
    Description: Request for Extension of Time to Implement NAESB 3.1
Standards Per Order No. 587-Y of High Point Gas Transmission, LLC under
RP19-1093.
    Filed Date: 7/17/19.
    Accession Number: 20190717-5066.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: RP19-1094-001.
    Applicants: Trans-Union Interstate Pipeline, L.P.
    Description: Request for Extension of Time to Implement NAESB 3.1
Standards Per Order No. 587-Y of Trans-Union Interstate Pipeline, L.P.
under RP19-1094.
    Filed Date: 7/17/19.
    Accession Number: 20190717-5068.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: RP19-1387-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Create Enhanced Parking
Service (Rate Schedule EPS) to be effective 8/19/2019.
    Filed Date: 7/17/19.
    Accession Number: 20190717-5006.
    Comments Due: 5 p.m. ET 7/29/19.

    Docket Numbers: RP19-1388-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--BP Energy
910687 eff 11-1-19 to be effective 11/1/2019.

    Filed Date: 7/17/19.
    Accession Number: 20190717-5070.
    Comments Due: 5 p.m. ET 7/29/19.

    Docket Numbers: RP19-1389-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Pooling Area GT&C Tariff
Changes to be effective 10/1/2019.
    Filed Date: 7/17/19.
    Accession Number: 20190717-5076.
    Comments Due: 5 p.m. ET 7/29/19.

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

    Dated: July 18, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-15687 Filed 7-23-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 181 (Tuesday, September 20, 2022)]
[Rules and Regulations]
[Pages 57400-57403]
[FR Doc No: 2022-20107]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2022-0284; FRL-9698-02-R3]

Approval and Promulgation of Air Quality Plans; Pennsylvania;
Reasonably Available Control Technology (RACT) Determinations for Hydro
Carbide Tool Company's Case-by-Case Sources Under the 1997 and 2008 8-
Hour Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. The revision was submitted by the Pennsylvania Department
of Environmental Protection (PADEP) to establish and require reasonably
available control technology (RACT) for sources at Hydro Carbide Tool
Company (Hydro Carbide), a major source of volatile organic compounds
(VOC), pursuant to the Commonwealth of Pennsylvania's conditionally
approved RACT regulations. In this rule action, EPA is approving
source-specific RACT determinations (also referred to as case-by-case
or CbC) submitted by PADEP for certain VOC sources at Hydro Carbide, a
facility in Westmoreland County. The RACT evaluation was submitted to
meet RACT requirements for the 1997 and 2008 8-hour ozone national
ambient air quality standards (NAAQS). EPA is approving this revision
to the Pennsylvania SIP in accordance with the requirements of the
Clean Air Act (CAA) and EPA's implementing regulations.

DATES: This final rule is effective on October 20, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2022-0284. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (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 through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER

INFORMATION CONTACT section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Mr. Riley Burger, Permits Branch
(3AD10), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, Four Penn Center, 1600 John F. Kennedy Boulevard,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2217. Mr. Burger can also be reached via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On April 6, 2022, EPA published a notice of proposed rulemaking
(NPRM). 87 FR 19824. In the NPRM, EPA proposed approval of case-by-case
VOC RACT determinations for emission units at Hydro Carbide,\1\ as EPA
found that the RACT controls for these sources met the CAA RACT
requirements for the 1997 and 2008 8-hour ozone NAAQS. The case-by-case
RACT determinations for sources at these facilities were included in
PADEP's May 7, 2020 SIP submission.
---------------------------------------------------------------------------

    \1\ Within the material submitted by PADEP, this company is
sometimes referred to as Hydro Carbide Inc.
---------------------------------------------------------------------------

    As more fully explained in the NPRM, under certain circumstances,
states are required to submit SIP revisions to address RACT
requirements for both major sources of nitrogen oxides (NOX)
and VOC and any source covered by control technique guidelines (CTG),
for each ozone NAAQS. Which NOX and VOC sources in
Pennsylvania are considered ``major,'' and are therefore subject to
RACT, is dependent on the location of each source within the
Commonwealth. NOX sources in Pennsylvania located in any
ozone attainment areas or in any nonattainment areas designated
moderate or below are subject to a major source threshold of 100 tons
per year (tpy) because of the Ozone Transport Region (OTR) requirements
in CAA section 182(f)(1). See definition of ``Major NOX
emitting facility'' at 25 Pennsylvania Code 121.1 and 40 CFR
52.2020(c)(1). Similarly, VOC sources located in any ozone attainment
areas or in any nonattainment areas designated serious or below are
subject to a major source threshold of 50 tpy because of the OTR
requirements in CAA section 184(b)(2). See definition of ``Major VOC
emitting facility'' at 25 Pa. Code 121.1 and 40 CFR 52.2020(c)(1).
    On May 16, 2016, PADEP submitted a SIP revision addressing RACT for
both the 1997 and 2008 8-hour ozone NAAQS in Pennsylvania. PADEP's May
16, 2016 SIP revision intended to address certain outstanding non-CTG
VOC RACT, VOC CTG RACT, and major source VOC and NOX RACT
requirements for both standards. The SIP revision requested approval of
Pennsylvania's 25 Pa. Code 129.96-100, Additional RACT Requirements for
Major Sources of NOX and VOCs (the ``presumptive'' RACT II rule). Prior
to the adoption of the RACT II rule, Pennsylvania relied on the
NOX and VOC control measures in 25 Pa. Code 129.92-95,
Stationary Sources of NOX and VOCs, (the RACT I rule) to meet RACT for
non-CTG major VOC sources and major NOX sources. The
requirements of the RACT I rule remain as previously approved in
Pennsylvania's SIP and continue to be implemented as RACT.\2\ On
September 26, 2017, PADEP submitted a supplemental SIP revision
including a letter, dated September 22, 2017, which committed to
address various deficiencies identified by EPA in PADEP's original May
16, 2016 ``presumptive'' RACT II rule SIP revision.
---------------------------------------------------------------------------

    \2\ The EPA granted conditional limited approval of
Pennsylvania's case-by-case RACT I rule on March 23, 1998 pending
Pennsylvania's submission of and EPA's determination on proposals
for facilities subject to case-by-case (source-specific) RACT
requirements. 63 FR 13789. On May 3, 2001, EPA removed the
conditional status of its 1998 approval once the state certified
that it had submitted case-by-case RACT I proposals for sources
subject to the RACT requirements but retained the limited nature of
the approval. 66 FR 22123. EPA granted full approval on October 22,
2008 once it approved all case-by-case RACT I proposals submitted by
Pennsylvania. 73 FR 62891. Through this RACT II rule, certain
source-specific RACT I requirements will be superseded by more
stringent requirements. See Section II of the preamble to this final
rule.
---------------------------------------------------------------------------

    On May 9, 2019, EPA conditionally approved the RACT II rule based
on the commitments PADEP made in its September 22, 2017 letter.\3\ 84
FR 20274. In EPA's final conditional approval, EPA established
conditions requiring PADEP submit, for EPA's approval, SIP revisions to
address any facility-wide or system-wide NOX emissions
averaging plans approved under 25 Pa. Code 129.98 and any case-by-case
RACT determinations under 25 Pa. Code 129.99. PADEP committed to
submitting these additional SIP revisions within 12 months of EPA's
final conditional approval (i.e., by May 9, 2020). Through multiple
submissions between 2017 and 2020, PADEP submitted to EPA for approval
the various SIP submissions to implement its RACT II case-by-case
determinations and alternative NOX and VOC emissions limits.
This rule takes final action on a SIP revision for VOC sources at Hydro
Carbide, based on EPA's review.
---------------------------------------------------------------------------

    \3\ On August 27, 2020, the Third Circuit Court of Appeals
issued a decision vacating EPA's approval of three provisions of
Pennsylvania's presumptive RACT II rule applicable to certain coal-
fired power plants. Sierra Club v. EPA, 972 F.3d 290 (3d Cir. 2020).
None of the sources in this final rule are subject to the
presumptive RACT II provisions at issue in that Sierra Club
decision.
---------------------------------------------------------------------------

II. Summary of SIP Revision and EPA Analysis

A. Summary of SIP Revisions

    To satisfy a requirement from EPA's May 9, 2019 conditional
approval, PADEP submitted to EPA SIP revisions addressing alternative
NOX and VOC emissions limits and/or case-by-case RACT
requirements for major sources in Pennsylvania subject to 25 Pa. Code
129.98 or 129.99. PADEP's submission included a SIP revision pertaining
to case-by-case RACT determinations for the existing VOC emissions
units at Hydro Carbide that required a case-by-case RACT
determination.\4\
---------------------------------------------------------------------------

    \4\ Hydro Carbide, which currently operates under the major
source threshold via a facility-wide VOC cap, is subject to 25 Pa.
Code 129.99 under the applicability provisions of 25 Pa. Code
129.96, as the facility was a major source in existence on or before
July 20, 2012.
---------------------------------------------------------------------------

    In the case-by-case RACT determinations submitted by PADEP, an
evaluation was completed to determine if previously SIP-approved, case-
by-case RACT emissions limits or operational controls (herein referred
to as RACT I and contained in RACT I permits) were more stringent than
the RACT II presumptive or case-by-case requirements new to the SIP. If
more stringent, the RACT I requirements would continue to apply to the
applicable source. If case-by-case RACT II requirements that are new to
the SIP are more stringent than the RACT I requirements, then the RACT
II requirements would supersede the prior RACT I requirements.\5\
---------------------------------------------------------------------------

    \5\ Hydro Carbide's prior SIP-approved RACT I permit will remain
part of the SIP, and this RACT II rule will incorporate by reference
the additional RACT II requirements through the RACT II permit.
---------------------------------------------------------------------------

    Here, EPA is approving SIP revisions pertaining to case-by-case
RACT requirements for certain VOC sources at Hydro Carbide. Hydro
Carbide is a major source of VOCs and was subject to RACT I under the
name Fansteel Hydro Carbide. The case-by-case RACT determinations
submitted by PADEP, consist of an evaluation of all reasonably
available controls at the time of evaluation for each affected
emissions unit, resulting in a determination of what specific emissions
limit or control measures satisfy RACT for that particular unit. The
adoption of additional emissions limits or control measures to existing
SIP-approved RACT I requirements were specified as

requirements in a revised federally enforceable permit (hereafter RACT
II permit) issued by PADEP to Hydro Carbide. The RACT II permit was
submitted as part of the Pennsylvania RACT SIP revision for EPA's
approval in the Pennsylvania SIP under 40 CFR 52.2020(d)(1). The RACT
II permit being approved in this action for Hydro Carbide (formerly
Fansteel Hydro Carbide) is permit number 65-00860, effective November
15, 2019, and is part of the docket for this rulemaking, which is
available online at www.regulations.gov, Docket No. EPA-R03-OAR-2022-
0284.\6\ For certain VOC sources at Hydro Carbide, EPA is incorporating
by reference in the Pennsylvania SIP the source-specific emissions
limits and control measures in the RACT II permit, and is determining
that these provisions satisfy the RACT requirement under the 1997 and
2008 8-hour ozone NAAQS.
---------------------------------------------------------------------------

    \6\ The RACT II permit included in the docket for this rule is a
redacted version of the facilities' federally enforceable permit. It
reflects the specific RACT requirements being approved into the
Pennsylvania SIP via this final action.
---------------------------------------------------------------------------

B. EPA's Final Action

    This CbC RACT SIP revision incorporates determinations by PADEP of
source-specific RACT II controls for individual VOC emission units at
Hydro Carbide, where those units are not covered by or cannot meet
Pennsylvania's presumptive RACT regulation. After thorough review and
evaluation of the information submitted to EPA by PADEP, in its SIP
revision submittals for sources at Hydro Carbide, EPA found that: (1)
PADEP's case-by-case RACT determinations and conclusions establish
limits and/or controls on individual sources that are reasonable and
appropriately considered technically and economically feasible
controls; and (2) PADEP's determinations are consistent with the CAA,
EPA regulations, and applicable EPA guidance.
    EPA proposed to find that all the proposed revisions for Hydro
Carbide would result in equivalent or additional reductions of VOC
emissions. Consistent with section 110(l) of the CAA the proposed
revisions will not result in additional VOC emissions and thus should
not interfere with any applicable requirement concerning attainment.
    Other specific requirements of the 1997 and 2008 8-hour ozone NAAQS
case-by-case RACT determinations and the rationale for EPA's proposed
action are explained more thoroughly in the NPRM, and its associated
technical support document (TSD), and will not be restated here.

III. Public Comments

    EPA received two sets of comments on the April 6, 2022 NPRM. 87 FR
19824. One set of comments expresses support for this SIP revision, and
thus no response is necessary. The second set of comments raises
general policy considerations not directly relevant to the SIP
revision, does not identify any defects, and does not raise any issues
concerning the SIP revision's consistency with the CAA with sufficient
specificity to determine its relevance to this action. Thus, no
response is necessary. A copy of the comments can be found in the
docket for this rule action.

IV. Final Action

    EPA is approving case-by-case RACT determinations for certain VOC
sources at Hydro Carbide, as required to meet obligations pursuant to
the 1997 and 2008 8-hour ozone NAAQS, as revisions to the Pennsylvania
SIP.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of source-
specific RACT determinations under the 1997 and 2008 8-hour ozone NAAQS
for certain VOC emission sources at one facility in Pennsylvania, as
discussed in Section II. of this preamble. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rule of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\7\
---------------------------------------------------------------------------

    \7\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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 to the Comptroller General of the United
States. Section 804, however, exempts from section 801 the following
types of rules: Rules of particular applicability; rules relating to
agency management or personnel; and rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). Because this is a
rule of particular applicability, EPA is not required to submit a rule
report regarding this action under section 801.

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 21, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action approving Pennsylvania's VOC RACT requirements for
one facility for the 1997 and 2008 8-hour ozone NAAQS may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

Adam Ortiz,
Regional Administrator, Region III.

    For the reasons set out in the preamble, 40 CFR part 52 is amended
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (d)(1) is amended by:
0
a. Revising the entry ``Fansteel Hydro Carbide''; and
0
b. Adding an entry at the end of the table for ``Hydro Carbide Tool
Company (formerly referenced as Fansteel Hydro Carbide)''.
    The revision and addition read as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (d) * * *
    (1) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                State                               Additional explanations/
            Name of source                 Permit No.                County               effective       EPA approval date        Sec.  Sec.   52.2063
                                                                                date                                and 52.2064  citations
-------------------------------------------------------------------------------------------------------------------------------------------\1\----------

                                                                      * * * * * * *
Fansteel Hydro Carbide................   (OP)65-000-860  Westmoreland..................     12/12/97  10/17/01, 66 FR 52700...  See also 52.2064(k)(1).

                                                                      * * * * * * *
Hydro Carbide Tool Company (formerly           65-00860  Westmoreland..................     11/15/19  9/20/22, [INSERT Federal  52.2064(k)(1).
 referenced as Fansteel Hydro Carbide).                                                                Register CITATION].
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The cross-references that are not Sec.   52.2064 are to material that pre-date the notebook format. For more information, see Sec.   52.2063.

* * * * *

0
3. Amend Sec.  52.2064 by adding paragraph (k) to read as follows:

Sec.  52.2064  EPA-approved Source Specific Reasonably Available
Control Technology (RACT) for Volatile Organic Compounds (VOC) and
Oxides of Nitrogen (NOX).

* * * * *
    (k) Approval of source-specific RACT requirements for 1997 and 2008
8-hour ozone national ambient air quality standards for Hydro Carbide
Tool Company is incorporated as specified. (Rulemaking Docket No. EPA-
OAR-2022-0284.)
    (1) Hydro Carbide Tool Company--Incorporating by reference Permit
No. 65-00860, effective November 15, 2019, as redacted by Pennsylvania.
All permit conditions in the prior RACT Permit No. OP-65-000-860,
effective December 12, 1997, remain as RACT requirements. See also
Sec.  52.2063(c)(178)(i)(B)(7), for prior RACT approval.
    (2) [Reserved]

[FR Doc. 2022-20107 Filed 9-19-22; 8:45 am]
BILLING CODE 6560-50-P


                      Notes from Meeting with Stericycle

Attended by:
Stericycle Staff:	Matt Marra, Greg Fink and Wade Scheel

EPA Staff:	Jim O'Leary, Kristin Fitzgerald, and Drew Lausch

Date: 			January 27, 2015

EPA had a conference call with representatives from Stericycle.   Stericycle discussed the comments they submitted on the Retail NODA of February 14, 2014.  They also discussed their operations with retail clients.


[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Notices]
[Pages 17038-17039]
[FR Doc No: 2015-07303]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-2881-014; ER10-2882-014; ER10-2883-014; ER10-
2884-014; ER10-2885-014; ER10-2641-014; ER10-2663-014; ER10-2886-014;
ER13-1101-009; ER13-1541-008; ER14-787-002.

    Applicants: Alabama Power Company, Southern Power Company,
Mississippi Power Company, Georgia Power Company, Gulf Power Company,
Oleander Power Project, Limited Partnership, Southern Company--Florida
LLC, Southern Turner Cimarron I, LLC, Spectrum Nevada Solar, LLC, Campo
Verde Solar, LLC, Macho Springs Solar, LLC.
    Description: Second Supplement to June 30, 2014 Updated Market
Power Analysis of Alabama Power Company, et. al.
    Filed Date: 3/20/15.
    Accession Number: 20150320-5274.
    Comments Due: 5 p.m. ET 4/10/15.

    Docket Numbers: ER13-1929-001.
    Applicants: Florida Power & Light Company.
    Description: Compliance filing per 35: FPL's Second Order No. 1000
Interregional Further Regional Compliance Filings to be effective 1/1/
2015.
    Filed Date: 3/24/15.
    Accession Number: 20150324-5223.
    Comments Due: 5 p.m. ET 4/14/15.

    Docket Numbers: ER13-1940-002.
    Applicants: Ohio Valley Electric Corporation.
    Description: Compliance filing per 35: Interregional Compliance
Filing for the SERTP-FRCC and SERTP-SCRTP Seams to be effective 1/1/
2015.
    Filed Date: 3/24/15.
    Accession Number: 20150324-5189.
    Comments Due: 5 p.m. ET 4/14/15.

    Docket Numbers: ER15-1016-000.
    Applicants: Shafter Solar, LLC.
    Description: Supplement to February 9, 2015 Shafter Solar, LLC
tariff filing.
    Filed Date: 3/24/15.
    Accession Number: 20150324-5240.
    Comments Due: 5 p.m. ET 4/14/15.

    Docket Numbers: ER15-1368-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): 2015-
03-24_SA 2762 ATC-UPPCo Project Commitment Agreement to be effective 5/
24/2015.
    Filed Date: 3/24/15.
    Accession Number: 20150324-5193.
    Comments Due: 5 p.m. ET 4/14/15.

    Docket Numbers: ER15-1369-000.
    Applicants: Southern California Edison Company.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii):
Amended Service Agmt for Wholesale Distribution Service with Mogul
Energy to be effective 5/25/2015.
    Filed Date: 3/25/15.
    Accession Number: 20150325-5001.
    Comments Due: 5 p.m. ET 4/15/15.

    Docket Numbers: ER15-1370-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): 3001
KCP&L GMO and AECI Interconnection Agreement to be effective 2/25/2015.
    Filed Date: 3/25/15.
    Accession Number: 20150325-5064.
    Comments Due: 5 p.m. ET 4/15/15.

    Docket Numbers: ER15-1371-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Notice of Termination of the Large Generator
Interconnection Agreement No. 719 of Midcontinent Independent System
Operator, Inc.
    Filed Date: 3/25/15.
    Accession Number: 20150325-5094.
    Comments Due: 5 p.m. ET 4/15/15.

    Take notice that the Commission received the following electric
reliability filings.
    Docket Numbers: RD15-3-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Supplemental Petition of the North American Electric
Reliability Corporation for Approval of Proposed Reliability Standards
PRC-001-1.1(ii), PRC-019-2 and PRC-024-2.
    Filed Date: 3/13/15.
    Accession Number: 20150313-5161.
    Comments Due: 5 p.m. ET 4/9/15.

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

    Dated: March 25, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-07303 Filed 3-30-15; 8:45 am]
BILLING CODE 6717-01-P