[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Rules and Regulations]
[Pages 45887-45890]
[FR Doc No: 2015-18872]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0498, FRL-9927-49-Region 1]

Approval and Promulgation of Air Quality Implementation Plans;
Connecticut; Approval of NOX Emission Offset Credits as
Single Source SIP Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of
Connecticut. The revision approves amendments to two existing Trading
and Agreement Orders for new source review nitrogen oxides
(NOX) emission offsets at PSEG Power Connecticut's facility
in Bridgeport, Connecticut. This action is being taken in accordance
with the Clean Air Act.

DATES: This direct final rule will be effective October 2, 2015, unless
EPA receives adverse comments by September 2, 2015. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2014-0498 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2014-0498'',
Donald Dahl, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Permits, Toxics,
and Indoor Programs Unit, 5 Post Office Square--Suite 100, (Mail code
OEP05-2), Boston, MA 02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Donald Dahl,
Air Permits, Toxics, and Indoor Programs Unit, Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, 5th floor, (OEP05-2), Boston, MA
02109-3912. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30 excluding
legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2014-0498. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' systems,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, 5 Post Office
Square, Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30 excluding
legal holidays.
    In addition to the publicly available docket materials available
for inspection electronically in the Federal Docket Management System
at www.regulations.gov, and the hard copy available at the Regional
Office, which are identified in the ADDRESSES section

of this Federal Register, copies of the state submittals are also
available for public inspection during normal business hours, by
appointment at the State Air Agency. The Bureau of Air Management,
Department of Energy and Environmental Protection, State Office
Building, 79 Elm Street, Hartford, CT 06106-1630.

FOR FURTHER INFORMATION CONTACT: Donald Dahl, Air Permits, Toxics, and
Indoor Programs Unit, Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA New England Regional Office, 5
Post Office Square, Suite 100, (OEP05-2), Boston, MA 02109-3912, phone
number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. What did Connecticut submit as a SIP revision?
II. What is the background for EPA's action in this notice?
III. How does Connecticut account for bank emission reduction
credits (ERC) in its Ozone SIP?
IV. What is EPA's analysis of Connecticut's SIP revision?
V. Final Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. What did Connecticut submit as a SIP revision?

    On October 31, 2012, the State of Connecticut submitted a formal
revision to its State Implementation Plan (SIP). The SIP revision
consists of two modifications to existing Trading and Agreement Orders
(TAO) issued to PSEG Power Connecticut, LLC. The modified TAOs are No.
8187 Modification 1 issued to PSEG Power Connecticut, LLC (formerly
Wisvest Connecticut LLC.) and No. 8242 Modification 1 issued to PSEG
Power Connecticut, LLC. The modified TAOs remove an outdated
restriction in the original TAOs No. 8187 and No. 8242 that limited the
use of the NOX offsets to sources that were also subject to
a NOX emission trading program in Section 22a-174-22a or
22a-174-22b of Connecticut's regulations, or another NOX
budget trading program established by another state in accordance with
the Ozone Transport Commission Memorandum of Understanding dated
September 27, 1994 or 40 CFR part 96. Connecticut held a public hearing
on the proposed SIP revision on October 19, 2012.

II. What is the background for EPA's action in this notice?

    EPA approved the original TAO No. 8187 on March 23, 2001 (see 66 FR
16135). This TAO recognized that Wisvest, the owner of Bridgeport
Harbor Electric Generating Station at the time, voluntarily reduced
actual NOX emissions from Unit No. 2. The TAO made the
voluntary reductions mandatory, thus creating a permanent, enforceable
reduction of 816 tons of NOX emissions at Unit No. 2.
Subsequently, these NOX emission reductions could be used
for offsetting NOX emissions for sources subject to the
nonattainment new source review permitting program under Connecticut's
Regulation Section 22a-174-3a. As discussed above, TAO No. 8187 also
limited the use of the NOX offsets to sources that were also
subject to a NOX emission trading program in Section 22a-
174-22a or 22a-174-22b of Connecticut's regulations, or another
NOX budget trading program established by another state in
accordance with the Ozone Transport Commission Memorandum of
Understanding dated September 27, 1994 or 40 CFR part 96.
    In late 2001, 424 tons of NOX offset credits from the
original 816 tons were transferred to sources subject to nonattainment
new source review in New York and are no longer available for use in
Connecticut. Moreover, in late 2001, 192 tons of NOX offset
credits were transferred to a private entity and held for future use.
    On December 6, 2002, PSEG purchased Bridgeport Harbor Electric
Generating Station from Wisvest along with the remaining 200 tons of
the 816 tons NOX offsets created by TAO No. 8187. To
recognize this transaction, Connecticut issued a new TAO (No. 8242) on
February 13, 2003 that acknowledged the change in ownership of the
facility and the 200 tons of NOX offsets from Wisvest to
PSEG. EPA approved TAO No. 8242 on September 9, 2013 (78 FR 54962). As
with the original TAO that created the NOX offsets (i.e.,
TAO No. 8187), TAO No. 8242 also limited the use of NOX
offsets for nonattainment new source review to sources that were also
subject to a NOX emission trading program in Section 22a-
174-22a or 22a-174-22b of Connecticut's regulations, or another
NOX budget trading program established by another state in
accordance with the Ozone Transport Commission Memorandum of
Understanding dated September 27, 1994 or 40 CFR part 96.
    Under Connecticut's Regulations for the Abatement of Air Pollution,
Section 22a-174-22a was repealed effective September 4, 2007, and
Section 22a-174-22b was repealed May 1, 2010. Moreover, with the
transition from the Clean Air Interstate Rule (CAIR) to the Cross-State
Air Pollution Rule (CSAPR), the State of Connecticut is no longer part
of any trading program under 40 CFR part 96. As such, the original
restrictions in TAOs No. 8187 and 8242 are now outdated and would no
longer serve the purpose for which they were created.

III. How does Connecticut account for bank emission reduction credits
(ERC) in its Ozone SIP?

    On February 1, 2008, Connecticut submitted its 2002 to 2008
reasonable further progress (RFP) plans and 2002 base year inventory to
EPA as part of its attainment demonstration SIP submittal for the 1997
8-hr ozone standard. On October 14, 2009, Connecticut submitted a
revision to the RFP plans which it had originally submitted to EPA on
February 1, 2008. The revision consisted of the incorporation of a
small number of banked NOX ERCs into the state's RFP
analysis. Those banked NOX ERCs were incorporated into
Connecticut's 2002 and 2008 emission inventories, and included all of
the remaining unused portion of the 816 tons of NOX offsets
created under TAO No. 8187 (i.e., the 200 tons of NOX owned
by PSEG under TAO No. 8242, and the 192 tons of NOX
transferred to a private entity in late 2001). The inclusion of the
banked ERCs into the RFP analysis did not alter Connecticut's
conclusion that it easily meets RFP requirements, and EPA approved
Connecticut's RFP plans on August 22, 2012 (77 FR 50595). Since ERCs
represent emissions that may occur at some point in the future, banked
emissions need to be accounted for in a state's RFP analysis, and
Connecticut has properly done that.

IV. What is EPA's analysis of Connecticut's SIP revision?

    Today, EPA is approving two modifications to existing TAOs that
will allow the NOX offset credits, originally created in TAO
No. 8187, to be used for nonattainment new source review without the
additional outdated restrictions contained in the original TAOs No.
8187 and 8242. As described above, Connecticut has properly accounted
for the unused portion of the NOX offset credits (i.e., 392
tons) from the original TAO No. 8187 in the state's RFP analysis, and
thus these credit remain available for future use.
    This action does not alter any existing requirements in
Connecticut's approved SIP that a facility must meet when using

NOX emission reductions to offset any new permitted
emissions. This is important to note since subsection 22a-174-
3a(l)(4)(B)(ii) of Connecticut's regulations states that:

    ``(B) The commissioner shall not grant a permit to an owner or
operator of the subject source or modification unless the owner or
operator demonstrates that internal offset or certified emission
reduction credits pursuant to subparagraph (A) of this subdivision:
    (i) . . .
    (ii) are not otherwise required by any of the following: the
Act; a federally enforceable permit or order; the State
Implementation Plan; or the regulations or statutes in effect when
such application is filed,''

    Pursuant to this provision in Section 22a-174-3a, the unused
portion of the NOX emission reduction credits originally
created under TAO No. 8187 will need to be adjusted pursuant to
subsection 22a-174-22(e)(3) of Connecticut's regulations. This
provision in Section 22a-174-22 was adopted by Connecticut after the
original issuance of TAO No. 8187 and requires sources such as Unit No.
2 at Bridgeport Harbor Electric Generating Station to meet a
NOX emission limit of 0.15 lbs/MMBtu during the nonozone
season. Because the NOX emission limit for Unit No. 2 became
more stringent after the time when the NOX offset credits
were first created, the original number of tons of NOX
offset credits must be adjusted downward to reflect the new, more
stringent NOX emission limit, before a source subject to
NNSR may use the credits.

V. Final Action

    Pursuant to section 110 of the CAA, EPA is approving Trading and
Agreement Orders No. 8187 Modification 1 issued to PSEG Power
Connecticut, LLC (formerly Wisvest Connecticut LLC) and 8242
Modification 1 issued to PSEG Power Connecticut, LLC. The EPA is
publishing this action without prior proposal because the Agency views
this as a noncontroversial amendment and anticipates no adverse
comments. However, in the proposed rules section of this Federal
Register publication, EPA is publishing a separate document that will
serve as the proposal to approve the SIP revision should relevant
adverse comments be filed. This rule will be effective October 2, 2015
without further notice unless the Agency receives relevant adverse
comments by September 2, 2015.
    If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on October 2, 2015 and no further action will be
taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

VI. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
[State Agency Regulations] described in the amendments to 40 CFR part
52 set forth below. The EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this 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 Clean Air Act; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    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.
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 2, 2015. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action 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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.

    Dated: April 29, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--[AMENDED]

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

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

Subpart H--Connecticut

0
2. Section 52.370 is amended by adding paragraph (c)(109) to read as
follows:

Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (109) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on October 31, 2012.
    (i) Incorporation by reference.
    (A) Connecticut Trading Agreement and Order No. 8187, Modification
1 issued to PSEG Power Connecticut LLC on July 16, 2012.
    (B) Connecticut Trading Agreement and Order No. 8242, Modification
1 issued to PSEG Power Connecticut LLC on July 16, 2012.

0
3. In Sec.  52.385, Table 52.385 is amended by adding new entries to an
existing state citation for 22a-174-22 to read as follows:

Sec.  52.385  EPA-approved Connecticut regulations.

* * * * *

                                                         Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Dates
                                                        --------------------------------   Federal Register
    Connecticut State citation         Title/Subject      Date adopted    Date approved        citation        Section 52.370     Comments/Description
                                                            by State         by EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
22a-174-22.......................  Control of Nitrogen          7/16/12          8/3/15  [Insert Federal      (c)(109)........  Connecticut Trading
                                    Oxides emissions.                                     Register page                          Agreement and Order No.
                                                                                number where the                       8187, Modification 1.
                                                                                document begins].
22a-174-22.......................  Control of Nitrogen          7/16/12          8/3/15  [Insert Federal      (c)(109)........  Connecticut Trading
                                    Oxides emissions.                                     Register page                          Agreement and Order No.
                                                                                number where the                       8242, Modification 1.
                                                                                document begins].

                                                                      * * * * * * *
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[FR Doc. 2015-18872 Filed 7-31-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Notices]
[Pages 58211-58212]
[FR Doc No: 2017-26543]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-1072]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Application for
Participation in Food and Drug Administration Fellowship Programs

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by January
10, 2018.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax:<PHONE_NUMBER>, or emailed to [email protected]. All
comments should be identified with the OMB control number 0910-0780.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Application for Participation in FDA Fellowship Programs (Formerly
Application for Participation in the FDA Commissioner's Fellowship
Program)--OMB Control Number 0910-0780--Extension

    Sections 1104, 1302, 3301, 3304, 3320, 3361, 3393, and 3394 of
Title 5 of the United States Code authorize Federal agencies to rate
applicants for Federal jobs. The proposed information collection
involves brief online applications completed by applicants applying to
FDA's fellowship programs. These voluntary online applications will
allow the Agency to easily and efficiently elicit and review
information from students and healthcare professionals who are
interested in becoming involved in FDA-wide activities. The process
will reduce the time and cost of submitting written documentation to
the Agency and lessen the likelihood of applications being misrouted
within the Agency mail system. It will assist the Agency in promoting
and protecting the public health by encouraging outside persons to
share their expertise with FDA.
    In the Federal Register of June 20, 2017 (82 FR 28075), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. Although one comment was received, it wasn't
responsive to the four collection of information topics solicited and
therefore will not be discussed in this document.
    FDA estimates the burden of this collection of information as
follows:

                               Table 1--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
            Activity                 Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
Commissioner's Fellowship                    600               1             600            1.33             798
 Program........................
Regulatory Science Internship                250               1             250               1             250
 Program........................
Medical Device Fellowship                    250               1             250               1             250
 Program........................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           1,298
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: December 5, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-26543 Filed 12-8-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: November 3, 2006 (Volume 71, Number 213)]
[Notices]
[Page 64696-64698]
[DOCID:fr03no06-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

October 27, 2006.
    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC07-5-000.
    Applicants: WPS Empire State, Inc.; WPS Niagara Generation, LLC;
WPS Niagara Generation, LLC.
    Description: Joint application of WPS Empire State, Inc., WPS
Niagara Generation, LLC and USRG Niagara Biomass, LLC for authorization
to transfer facilities under Section 203 of the Federal Power Act.
    Filed Date: 10/23/2006.
    Accession Number: 20061025-0230.
    Comment Date: 5 p.m. Eastern Time on Monday, November 13, 2006.
    Docket Numbers: EC07-6-000.
    Applicants: Midwest Renewable Energy; Chestnut Capital, LLC; Booner
Capital, LLC, Harrington Partners, L.P.; Northern Iowa Windpower II,
LLC; Iberdrola USA.
    Description: Midwest Renewable Energy Corporation et al submits an
application requesting that the Commission authorize the sale of
jurisdictional facilities and request for waivers and expedited action.
    Filed Date: 10/20/2006.
    Accession Number: 20061025-0221.
    Comment Date: 5 p.m. Eastern Time on Monday, November 13, 2006.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER96-25-028; ER01-1363-006.
    Applicants: Coral Power, LLC.; Coral Energy Management, LLC.
    Description: Coral Power, LLC et al. submit a Triennial Updated
Market Analysis in compliance to the Commission's 10/22/03 order.
    Filed Date: 10/23/2006.
    Accession Number: 20061025-0224.
    Comment Date: 5 p.m. Eastern Time on Monday, November 13, 2006.

    Docket Numbers: ER01-313-009; ER01-424-009.
    Applicants: California Independent System Operator Corporation;
Pacific Gas and Electric Company.
    Description: California Independent System Operator Corporation et
al. submit Grid Management Charges collected during the period of 1/1/
01-12/31/03 pursuant to Commission 11/7/05 order.
    Filed Date: 10/23/2006.
    Accession Number: 20061025-0225.
    Comment Date: 5 p.m. Eastern Time on Monday, November 13, 2006.
    Docket Numbers: ER03-500-002.
    Applicants: Liberty Power Corp, LLC.
    Description: Liberty Power Corp, LLC submits its revised updated
market power analysis pursuant to Commission's 2/10/05 Order.
    Filed Date: 10/24/2006.
    Accession Number: 20061026-0078.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 14, 2006.
    Docket Numbers: ER03-765-002.
    Applicants: Calpine Oneta Power, LP.
    Description: Calpine Oneta Power, LP submits revised Reactive Power
Rate Schedule, FERC Rate Schedule 2 pursuant to FERC's 9/26/06 Order.
    Filed Date: 10/25/2006.
    Accession Number: 20061027-0002.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 15, 2006.
    Docket Numbers: ER04-1003-006; ER04-1007-006.
    Applicants: American Electric Power Service Corporation.
    Description: American Electric Power Service Corp on behalf of the
AEP Operating Companies amends its filing and submits a revised
Attachment T to its Open Access Transmission Tariff, FERC Electric
Tariff, Third Revised Volume 6.
    Filed Date: 10/24/2006.
    Accession Number: 20061026-0075.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 14, 2006.
    Docket Numbers: ER06-20-007.
    Applicants: Louisville Gas & Electric Company; Kentucky Utilities
Company.
    Description: E.ON U.S., LLC on behalf of Louisville Gas, et al.
submit a revised Exhibit A to the 10/12/06 filing of the final
withdrawal fee calculations and supporting documentation.
    Filed Date: 10/25/2006.
    Accession Number: 20061026-0143.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 15, 2006.
    Docket Numbers: ER06-629-001.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp submits
amendments to its pro forma Small Generator Interconnection Procedures
study agreements for inclusion in the CAISO Tariff pursuant to Order
2006-B.
    Filed Date: 10/25/2006.
    Accession Number: 20061027-0005.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 15, 2006.
    Docket Numbers: ER06-992-002.
    Applicants: Otter Tail Power Company.
    Description: Otter Tail Power Co. submits an amendment to its 9/5/
06 Compliance Filing to more explicitly address one of the directives
in the July 5, 2006 Order.
    Filed Date: 10/24/2006.
    Accession Number: 20061026-0077.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 14, 2006.
    Docket Numbers: ER06-1318-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits a compliance filing
providing for revisions to the designation of Service Agreement 1267,
an executed Network Integration Transmission Service Agreement.
    Filed Date: 10/24/2006.
    Accession Number: 20061026-0076.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 14, 2006.
    Docket Numbers: ER06-1432-001.
    Applicants: Commonwealth Edison Company.
    Description: Commonwealth Edison Co. submits additional
information, re the Transmission Interconnection Agreement, as an
amendment to its 8/30/06 filing.
    Filed Date: 10/25/2006.
    Accession Number: 20061027-0006.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 15, 2006.
    Docket Numbers: ER07-25-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool Inc. submits a revised Letter
Agreement designated as First Revised Service Agreement No. 1286,
effective 9/11/06.
    Filed Date: 10/24/2006.
    Accession Number: 20061026-0074.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 14, 2006.
    Docket Numbers: ER07-61-000.
    Applicants: Southern Company Services, Inc.
    Description: Southern Company Services, Inc., acting as agent for
Alabama Power Co. et al. submits Revision 2 to the Agreement for
Network Integration Transmission Service and Complementary Services
with DOE.
    Filed Date: 10/24/2006.
    Accession Number: 20061026-0109.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 14, 2006.
    Docket Numbers: ER07-62-000.
    Applicants: Elkem Metals Company--Alloy, LP.
    Description: Elkem Metals Company--Alloy, LP. submits a Notice of
Cancellation of its Market-Based Rate Tariff, FERC Electric Tariff,
First Revised Volume 1.
    Filed Date: 10/24/2006.
    Accession Number: 20061026-0082.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 14, 2006.
    Docket Numbers: ER07-63-000.
    Applicants: American Electric Power Service Corp.
    Description: American Electric Power Service Corporation as agent
for Columbus Southern Power Company submits a Facilities Agreement
between the City of Jackson, Ohio, Service Agreement No. 1270.
    Filed Date: 10/24/2006.
    Accession Number: 20061026-0081.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 14, 2006.
    Docket Numbers: ER07-64-000.
    Applicants: ALLETE, Inc.
    Description: Allette, Inc. submits a distribution wheeling rate for
Central MN Ethanol Co-op interconnection to Minnesota Power's
distribution facilities.
    Filed Date: 10/24/2006.
    Accession Number: 20061026-0080.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 14, 2006.
    Docket Numbers: ER07-65-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Co. submits letter
agreements between the Transmission and Distribution Business Unit of
SCE and the Power Production Department of the Generation Business Unit
of SCE.
    Filed Date: 10/24/2006.
    Accession Number: 20061026-0079.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 14, 2006.
    Docket Numbers: ER07-66-000.
    Applicants: MATEP, LLC.
    Description: MATEP, LLC submits a withdrawal of request for blanket
authorization under part 34 of the Commission's regulations.
    Filed Date: 10/20/2006.
    Accession Number: 20061020-5055.
    Comment Date: 5 p.m. Eastern Time on Monday, November 13, 2006.
    Docket Numbers: ER07-67-000; ER07-68-000; ER07-69-000; ER07-70-000.
    Applicants: Idaho Power Company; Avista Corporation; NorthWestern
Corporation; PacifiCorp.
    Description: Idaho Power Co. et al. submits a revised rate schedule
consisting of an executed version of an Amended and Restated
Interconnection Agreement, First Revised Rate Schedule Nos. 44, 59, 27,
and 70.

    Filed Date: 10/25/2006.
    Accession Number: 20061027-0008.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 15, 2006.
    Docket Numbers: ER07-71-000.
    Applicants: Xcel Energy Services, Inc.
    Description: Xcel Energy Services, Inc. on behalf of Northern
States Power Co. submits a Transmission Facilities Use Agreement with
the City of Glencoe, MN.
    Filed Date: 10/25/2006.
    Accession Number: 20061027-0007.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 15, 2006.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-18529 Filed 11-2-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Rules and Regulations]
[Pages 6202-6206]
[FR Doc No: 2013-01720]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0258; Directorate Identifier 2010-NM-191-AD;
Amendment 39-17326; AD 2013-02-05]
RIN 2120-AA64

Airworthiness Directives; the Boeing Company

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER
series airplanes. This AD requires, for certain airplanes, installing
two warning level indicator lights on each of the P1-3 and P3-1
instrument panels in the flight compartment. This AD also requires, for
certain airplanes, replacing the existing P5-16 and P5-10 panels; and,
for certain airplanes, replacing the basic P5-16 panel with a high
altitude landing P5-16 panel. Additionally, this AD requires revising
the airplane flight manual to remove certain requirements of previous
AD actions, and to advise the flightcrew of certain changes. This AD
was prompted by a design change in the cabin altitude warning system
that would address the identified unsafe condition. We are issuing this
AD to prevent failure of the flightcrew to recognize and react to a
valid cabin altitude warning horn, which could result in incapacitation
of the flightcrew due to hypoxia (a lack of oxygen in the body), and
consequent loss of control of the airplane.

DATES: This AD is effective March 6, 2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of March 6,
2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of November 7,
2012 (77 FR 60296, October 3, 2012).

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Jeffrey W. Palmer, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to

amend 14 CFR part 39 to include an AD that would apply to the specified
products. The SNPRM published in the Federal Register on August 27,
2012 (77 FR 51724). The original NPRM (76 FR 16579, March 24, 2011)
proposed to require, for certain airplanes, installing two warning
level indicator lights on each of the P1-3 and P3-1 instrument panels
in the flight compartment. The original NPRM also proposed to require
revising the airplane flight manual (AFM) to remove certain
requirements of previous AD actions, and to advise the flightcrew of
the following changes: revised non-normal procedures to use when a
cabin altitude warning or rapid depressurization occurs, and revised
cabin pressurization procedures for normal operations. The SNPRM
proposed to add airplanes to the applicability; add airplanes to the
installation requirement, including, for certain airplanes, replacing
the existing P5-16 and P5-10 panels; and, for certain airplanes,
replacing the basic P5-16 panel with a high altitude landing P5-16
panel.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 51724, August 27, 2012) and the FAA's response to each comment.

Request To Exclude Airplanes With Certain Variable Numbers From
Paragraph (i) of the SNPRM (77 FR 51724, August 27, 2012)

    Boeing asked that paragraph (i) of the SNPRM (77 FR 51724, August
27, 2012) be changed to exclude airplanes with certain variable
numbers, instead of excluding Groups 24, 25, and 27 through 33
airplanes identified in Boeing Alert Service Bulletin 737-31A1332,
Revision 3, dated March 28, 2012. Boeing stated that excluding credit
for Groups 24, 25, and 27 through 33 airplanes excludes credit for
approximately 655 Model 737NG airplanes on which the actions specified
in Boeing Alert Service Bulletin 737-31A1332, Revision 1, dated June
24, 2010; or Revision 2, dated August 18, 2011; might have been
accomplished previously. Boeing also noted that there is a conflict
between these service bulletin revisions for the Model 737NG airplanes
having line numbers 1 through 740 inclusive and included in the
applicability specified in AD 2009-16-07, Amendment 39-15990 (74 FR
41607, August 18, 2009), which was referred to under ``Related
Rulemaking'' in the SNPRM. Boeing stated that only 87 airplanes having
certain variable numbers have an actual conflict. Boeing also stated
that the overlap between groups may be isolated to airplanes on which
certain actions in the referenced service information were done, and if
those airplanes have not had the overlap between groups, credit should
be given for accomplishing this service information.
    We agree that replacing Groups 24, 25, and 27 through 33 airplanes
identified in Boeing Alert Service Bulletin 737-31A1332, Revision 3,
dated March 28, 2012, with the specified airplane variable numbers more
clearly identifies the airplanes that should be excluded in paragraphs
(i)(1) and (i)(2) of this AD. This change excludes a smaller group of
airplanes from those credit paragraphs. We have changed paragraphs
(i)(1) and (i)(2) of this AD accordingly.
    We do not agree with giving credit for airplanes on which certain
actions have been done and that might not overlap between groups. Doing
so would require additional research into the detailed maintenance
history of each affected airplane, which would unduly delay issuance of
this AD. Operators of the affected airplanes may request approval of an
alternative method of compliance (AMOC) under the provisions of
paragraph (m) of this AD if substantiating data are provided. We have
made no change to the AD in this regard.

Request To Correct AFM Reference to Target Speed

    Delta Airlines (DAL) asked that the target speed identified in
paragraph (j)(2)(iv) of the SNPRM (77 FR 51724, August 27, 2012) be
corrected. DAL stated that if an emergency descent is required, the
target speed in the SNPRM is given as ``MO/MMO''; however, in the
original NPRM (76 FR 16579, March 24, 2011), the correct target speed
was given as ``VMO/MMO.'' DAL noted that the current target speed of
``MO/MMO'' is incorrect and should be changed back to ``VMO/MMO.''
    We agree that the published version of the target speed identified
in paragraph (j)(2)(iv) of the SNPRM (77 FR 51724, August 27, 2012) is
incorrect. The correct target speed, ``VMO/MMO,'' is specified in
paragraph (j)(2)(iv) of this AD.

Request To Include Revised Service Information

    United Airlines (UA) asked that the SNPRM (77 FR 51724, August 27,
2012) include Revision 4 of Boeing Alert Service Bulletin 737-31A1332.
UA stated that Boeing is in the process of revising Boeing Alert
Service Bulletin 737-31A1332, Revision 3, dated March 28, 2012, and
added that it has reviewed the preliminary release of Revision 4.
    We do not agree to include Revision 4 of Boeing Alert Service
Bulletin 737-31A1332 in this AD because it has not yet been issued. We
do not consider that delaying this action until after the manufacturer
revises the service bulletin is warranted. We also cannot use the
phrase, ``or later FAA-approved revisions,'' in an AD when referring to
the service document because doing so violates Office of the Federal
Register (OFR) regulations for approval of materials ``incorporated by
reference'' in rules.
    To allow operators to use later revisions of the referenced
document (issued after publication of the AD), either we must revise
the AD to reference specific later revisions, or operators must request
approval to use later revisions as an AMOC with this AD under the
provisions of paragraph (m) of this AD. However, once Revision 4 of
Boeing Alert Service Bulletin 737-31A1332 is released, we will consider
issuing a global AMOC to allow operators to use that revision for
accomplishing the requirements of this AD. We have not changed the AD
in this regard.

Request To Clarify Component Service Bulletin References

    DAL asked that the final rule clarify that the rework specified in
the BAE Systems component service bulletins identified in certain notes
in Boeing Alert Service Bulletin 737-31A1332, Revision 3, dated March
28, 2012, does not have to be done by using every component service
bulletin listed. DAL added that by specifying only those component
service bulletins applicable to the dash number part being reworked,
the intent of the notes would not have to be interpreted.
    We agree to provide clarification. Operators may refer to the part
numbers identified in Section 1.A., ``Planning Information--
Effectivity,'' of the service information specified in note rows (a)
and (b) of Figure 1 and note rows (a) and (b) of Figure 2 of Boeing
Alert Service Bulletin 737-31A1332, Revision 3, dated March 28, 2012,
to determine which service information may be used as guidance for
rework of a given panel. We have added a new Note 1 to paragraph (g) of
this AD (and reidentified subsequent notes) to provide clarification.

Request To Add Repair Language to AMOC Paragraph

    Boeing asked that repair approval by a Boeing Commercial Airplanes

Organization Designation Authorization (ODA) be added to the AMOC
language in paragraph (m) of the SNPRM (77 FR 51724, August 27, 2012).
Boeing stated that this delegation of authority to approve an AMOC for
any repair should be included in the AD.
    We agree with the commenter for the reason provided. We have added
a new paragraph (m)(3) to this AD to include the standard ODA repair
delegation of authority language.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 870 airplanes of U.S. registry.
The following table provides the estimated costs for U.S. operators to
comply with this AD.

                                                                 Table--Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
              Action                    Work hours        Average labor          Parts           Cost per product       registered        Fleet cost
                                                          rate per hour                                                 airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Installation of warning indicator  Between 34 and 84...             $85  Between $2,172 and    Between $5,062 and               870  Between $4,403,940
 lights.                                                                  $5,238.               $12,378.                              and $10,768,860.
AFM revision.....................  2...................              85  $0..................  $170................             870  $147,900.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this 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):

    2013-02-05 The Boeing Company: Amendment 39-17326; Docket No.
FAA-2011-0258; Directorate Identifier 2010-NM-191-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective March 6, 2013.

(b) Affected ADs

    This AD affects the ADs identified in paragraphs (b)(1), (b)(2),
and (b)(3) of this AD. This AD does not supersede the requirements
of these ADs.
    (1) AD 2003-14-08, Amendment 39-13227 (68 FR 41519, July 14,
2003).
    (2) AD 2006-13-13, Amendment 39-14666 (71 FR 35781, June 22,
2006; corrected July 3, 2006 (71 FR 37980)).
    (3) AD 2008-23-07, Amendment 39-15728 (73 FR 66512, November 10,
2008).

(c) Applicability

    This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any
category, as identified in Boeing Alert Service Bulletin 737-
31A1332, Revision 3, dated March 28, 2012.

(d) Subject

    Air Transport Association (ATA) of America Code 31, Instruments.

(e) Unsafe Condition

    This AD was prompted by a design change in the cabin altitude
warning system that would address the identified unsafe condition.
We are issuing this AD to prevent failure of the flightcrew to
recognize and react to a valid cabin altitude warning horn, which
could result in incapacitation of the flightcrew due to hypoxia (a
lack of oxygen in the body), and consequent loss of control of the
airplane.

(f) Compliance

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

(g) Installation

    Within 36 months after the effective date of this AD: Install
two warning level indicator lights on each of the P1-3 and P3-1
instrument panels in the flight compartment, and, as applicable,
replace the existing P5-16 and P5-10 panels, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
31A1332, Revision 3, dated March 28, 2012.

    Note 1 to paragraph (g) of this AD: Note rows (a) and (b) of
Figures 1 and 2 of Boeing Alert Service Bulletin 737-31A1332,
Revision 3, dated March 28, 2012, provide additional guidance for
reworking the P1-3 and P3-1 panels to new part numbers. Section
1.A., ``Planning Information--Effectivity,'' of the documents
specified in those note rows identify part numbers to which those
documents apply.

(h) Concurrent Requirements

    For Group 21, Configuration 2 airplanes, as identified in Boeing
Alert Service Bulletin 737-31A1332, Revision 3, dated March 28,
2012: Prior to or concurrently with doing the actions required by
paragraph (g) of this AD, replace the basic P5-16 panel with a high
altitude landing P5-16 panel, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 737-21-1171, dated February
12, 2009.

(i) Credit for Previous Actions

    (1) For Group 1 airplanes identified in Boeing Alert Service
Bulletin 737-31A1332, Revision 1, dated June 24, 2010; except
airplanes having variable numbers YA001 through YA019 inclusive,
YA201 through YA203 inclusive, YA231 through YA242 inclusive, YA251,
YA252, YA271, YA272, YA301, YA302, YA311, YA312, YA501 through YA508
inclusive, YA541, YA701, YA702, YC001 through YC007 inclusive,
YC051, YC052, YC101, YC102, YC111, YC121, YC301, YC302, YC321
through YC330 inclusive, YC381, YC401 through YC403 inclusive,
YC501, YC502, and YE001 through YE003 inclusive: This paragraph
provides credit for the actions required by paragraph (g) of this
AD, if those actions were performed before the effective date of
this AD using Boeing Alert Service Bulletin 737-31A1332, Revision 1,
dated June 24, 2010.
    (2) For airplanes identified in Boeing Alert Service Bulletin
737-31A1332, Revision 2, dated August 18, 2011; except airplanes
identified in paragraph (i)(3) of this AD and airplanes having
variable numbers YA001 through YA019 inclusive, YA201 through YA203
inclusive, YA231 through YA242 inclusive, YA251, YA252, YA271,
YA272, YA301, YA302, YA311, YA312, YA501 through YA508 inclusive,
YA541, YA701, YA702, YC001 through YC007 inclusive, YC051, YC052,
YC101, YC102, YC111, YC121, YC301, YC302, YC321 through YC330
inclusive, YC381, YC401 through YC403 inclusive, YC501, YC502, and
YE001 through YE003 inclusive: This paragraph provides credit for
the actions required by paragraph (g) of this AD, if those actions
were performed before the effective date of this AD using Boeing
Alert Service Bulletin 737-31A1332, Revision 2, dated August 18,
2011.
    (3) For Group 21, Configuration 2 airplanes identified in Boeing
Alert Service Bulletin 737-31A1332, Revision 3, dated March 28,
2012: This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin 737-
31A1332, Revision 2, dated August 18, 2011, and provided that the
actions specified in Boeing Service Bulletin 737-21-1171, dated
February 12, 2009, were accomplished prior to or concurrently with
the actions specified in Boeing Alert Service Bulletin 737-31A1332,
Revision 2, dated August 18, 2011.

(j) Airplane Flight Manual (AFM) Revisions

    Within 36 months after the effective date of this AD, and after
doing the installation required by paragraph (g) of this AD, do the
actions specified in paragraphs (j)(1), (j)(2), and (j)(3) of this
AD.
    (1) Revise the Limitations Section of the applicable Boeing 737
AFM by doing the following action: Delete the ``CABIN ALTITUDE
WARNING TAKEOFF BRIEFING'' added by AD 2008-23-07, Amendment 39-
15728 (73 FR 66512, November 10, 2008).
    (2) Revise the Non-Normal Procedures Section of the applicable
Boeing 737 AFM by doing the actions specified in paragraphs
(j)(2)(i), (j)(2)(ii), (j)(2)(iii), and (j)(2)(iv) of this AD.
    (i) Delete the procedure titled ``WARNING HORN--CABIN ALTITUDE
OR CONFIGURATION RECALL'' added by AD 2006-13-13, Amendment 39-14666
(71 FR 35781, June 22, 2006; corrected July 3, 2006 (71 FR 37980).
If the title of this procedure has been changed according to FAA
Alternative Method of Compliance (AMOC) Letter 130S-09-134a, dated
April 28, 2009, delete the procedure that was approved according to
that AMOC letter.
    (ii) Delete the procedure titled ``CABIN ALTITUDE WARNING OR
RAPID DEPRESSURIZATION'' added by AD 2003-14-08, Amendment 39-13227
(68 FR 41519, July 14, 2003).
    (iii) If the procedure titled ``CABIN ALTITUDE (Airplanes with
the CABIN ALTITUDE lights installed)'' is currently contained in the
applicable Boeing 737 AFM, delete the procedure titled ``CABIN
ALTITUDE (Airplanes with the CABIN ALTITUDE lights installed).''
    (iv) Add the following statement. This may be done by inserting
a copy of this AD into the applicable AFM.

Cabin Altitude Warning or Rapid Depressurization (Required by AD 2013-02-
                                   05)
     Condition: The Cabin Altitude warning light illuminates or the
     intermittent warning horn sounds in flight above 10,000 ft MSL.
------------------------------------------------------------------------

------------------------------------------------------------------------
Recall:
    Oxygen Masks and Regulators.....  ON, 100%
    Crew Communications.............  ESTABLISH
Reference:
    Pressurization Mode Selector....  MANUAL
    Outflow Valve Switch............  CLOSE
If Cabin Altitude is uncontrollable:
         Emergency Descent (If        INITIATE
          Required).
         Passenger Oxygen Switch....  ON
         Thrust Levers..............  CLOSE
         Speed Brakes...............  FLIGHT DETENT
         Target Speed...............  VMO/MMO
------------------------------------------------------------------------

    Note 2 to paragraphs (j)(2)(iv) and (j)(3)(ii) of this AD:  When
statements identical to those specified in paragraphs (j)(2)(iv) and
(j)(3)(ii) of this AD have been included in the general revisions of
the AFM, the general revisions may be inserted into the AFM, and the
copies of this AD may be removed from the AFM.

    (3) Revise the Normal Procedures Section of the applicable
Boeing 737 AFM by doing the actions specified in paragraphs
(j)(3)(i) and (j)(3)(ii) of this AD.
    (i) Delete the procedure titled ``CABIN ALTITUDE WARNING TAKEOFF
BRIEFING'' added by AD 2008-23-07, Amendment 39-15728 (73 FR 66512,
November 10, 2008).
    (ii) Add the following statement. This may be done by inserting
a copy of this AD into the applicable AFM.
    For normal operations, the pressurization mode selector should
be in AUTO prior to takeoff. (Required by AD 2013-02-05)

(k) Terminating Action for Affected ADs

    Accomplishing the requirements of this AD terminates the
requirements of the ADs identified in paragraphs (k)(1), (k)(2), and
(k)(3) of this AD for only the airplanes identified in paragraph (c)
of this AD.
    (1) AD 2003-14-08, Amendment 39-13227 (68 FR 41519, July 14,
2003): The requirements specified in Table 1 and Figure 1 of that
AD.
    (2) AD 2006-13-13, Amendment 39-14666 (71 FR 35781, June 22,
2006; corrected July 3, 2006 (71 FR 37980): All requirements of that
AD.
    (3) AD 2008-23-07, Amendment 39-15728 (73 FR 66512, November 10,
2008): All requirements of that AD.

(l) Special Flight Permits

    Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
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 ACO, send it to the attention of the
person identified in the Related Information section of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (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 required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(n) Related Information

    (1) For more information about this AD, contact Jeffrey W.
Palmer, Aerospace Engineer, Systems and Equipment Branch, ANM-130S,
FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW.,
Renton, Washington 98057-3356; phone:<PHONE_NUMBER>; fax: (425)
917-6590; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1, fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

(o) 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.
    (3) The following service information was approved for IBR on
March 6, 2013.
    (i) Boeing Service Bulletin 737-21-1171, dated February 12,
2009.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
November 7, 2012 (77 FR 60296, October 3, 2012).
    (i) Boeing Alert Service Bulletin 737-31A1332, Revision 1, dated
June 24, 2010.
    (ii) Boeing Alert Service Bulletin 737-31A1332, Revision 2,
dated August 18, 2011.
    (iii) Boeing Alert Service Bulletin 737-31A1332, Revision 3,
dated March 28, 2012.
    (4) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (5) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on January 9, 2013.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-01720 Filed 1-29-13; 8:45 am]
BILLING CODE 4910-13-P