[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Rules and Regulations]
[Pages 10468-10472]
[FR Doc No: 2016-03884]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1270; Directorate Identifier 2014-NM-222-AD;
Amendment 39-18412; AD 2016-04-18]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 747-100, -200B, -200C, -200F, -300, -400, -
400D, and -400F series airplanes. This AD was prompted by reports of
significant fuselage skin damage at certain parts of the dorsal
fairing, due to wear from the dorsal fairing. This AD requires
repetitive detailed inspections for wear and cracks of the fuselage
skin under the dorsal fairing, and related investigative and corrective
actions if necessary. This AD also requires repetitive post-repair
external surface high frequency eddy current inspections of the blended
areas of the skin and detailed inspections of the unrepaired areas, and
related investigative and corrective actions if necessary. We are
issuing this AD to detect and correct fuselage skin damage of the
dorsal fairing area, which could result in skin cracking and consequent
depressurization of the airplane.

DATES: This AD is effective April 5, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 5,
2016.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1270.

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-
1270; 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: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Nathan Weigand, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6428; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
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 747-100, -200B, -200C, -200F, -300, -400, -400D, and -400F series
airplanes. The NPRM published in the Federal Register on May 5, 2015
(80 FR 25627). The NPRM was prompted by reports of significant fuselage
skin damage at certain parts of the dorsal fairing, due to wear from
the dorsal fairing. The NPRM proposed to require repetitive detailed
inspections for wear and cracks of the fuselage skin under the dorsal
fairing, and related investigative and corrective actions if necessary.
The NPRM also proposed to require repetitive post-repair external
surface high frequency eddy current inspections of the blended areas of
the skin and detailed inspections of the unrepaired areas, and related
investigative and corrective actions if necessary. We are issuing this
AD to detect and correct fuselage skin damage of the dorsal fairing
area, which could result in skin cracking and consequent
depressurization of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (80
FR 25627, May 5, 2015) and the FAA's response to each comment.

Request To Clarify Exclusion of Certain Post-Modification Inspections

    Boeing asked that we clarify paragraph (i) of the proposed AD (80
FR 25627, May 5, 2015). Boeing stated that paragraph (i) of the
proposed AD correctly states that post-modification inspections would
not be required by the AD, but the proposed AD does not clearly state
that those inspections are still required per operating rules, which
has caused confusion for operators in the past. Boeing suggested that
we revise the proposed AD to state that post-modification inspections
are already required by 14 CFR 121.1109(c)(2) and 14 CFR 129.109(b)(2).
    We agree to clarify paragraph (i) of this AD. We have revised
paragraph (i) of this AD to clarify that the post-modification
inspections are airworthiness limitations that are required by
maintenance and operational rules; therefore, these inspections are not
required by this AD.

Request To Require Post-Modification Inspections Currently Excluded

    United Airlines (UAL) asked that the post-modification inspections
excluded from the requirements of paragraph (i) of the proposed AD (80
FR 25627, May 5, 2015) instead be required. UAL stated that there is a
conflict between the proposed AD and tables 3, 6, and 7 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2876,
dated October 22, 2014. UAL noted that the post-modification
inspections specified in tables 3, 6, and 7 are not required in
paragraph (i) of the proposed AD; however, compliance tables 1 and 2 of
paragraph 1.E. of the service information instruct operators to
accomplish those post-modification inspections using tables 3, 6, and 7
of paragraph 1.E.
    UAL added that Note 1 to paragraph (i) of the proposed AD (80 FR
25627, May 5, 2015) specifies that the post-modification inspections
may be used in support of compliance with section 121.1109(c)(2) or
129.109(b)(2) of the Federal Aviation Regulations (14 CFR
121.1109(c)(2) or 14 CFR 129.109(b)(2)). UAL pointed out that sections
121.1109(c)(2) and 129.109(b)(2) require operators to inspect damage-
tolerant reinforcing repairs to fatigue critical structures; however,
rub strips protect the skin from contact with the dorsal fairing and
are not considered a reinforcing repair.
    We disagree with the commenter's request to require post-
modification inspections; however we acknowledge there is a conflict.
Paragraph (i) of this AD states that tables 3, 6, and 7 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2876,
dated October 22, 2014, specify post-modification airworthiness
limitation inspections in compliance to 14 CFR 25.571(a)(3) at the
modified locations, which support compliance with 14 CFR 121.1109(c)(2)
or 129.109(b)(2). These two regulations require damage-tolerance-based
inspections to be added as airworthiness limitations in order to
prevent the adverse effects of repairs, alterations, and modifications.
The rub strips are considered a modification to fatigue-critical
structure and meet the intent of section 121.1109(c)(2) or
129.109(b)(2) of the Federal Aviation Regulations. Where compliance
tables 1 and 2 of paragraph 1.E. of Boeing Alert Service Bulletin 747-
53A2876, dated October 22, 2014, instruct operators to accomplish post-
modification inspections using tables 3, 6, and 7 of paragraph 1.E.,
``Compliance,'' of the service information, those post-modification
inspections are not required by this AD. We have added a reference to
paragraph (i) of this AD in paragraphs (g) and (h) of this AD to
clarify tables 3, 6, and 7 of paragraph 1.E., ``Compliance,'' of the
service information are not required by paragraphs (g) and (h) of this
AD.

Request To Delete Certain Actions

    UAL asked that we delete Options 1 and 2 of table 3 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2876,
dated October 22, 2014. UAL stated that Option 1 is for post-
modification of blend-out repairs without a rub strip installed, and
added that table 3 is for post-modification inspections for airplanes
with a rub strip previously installed. UAL added that the Option 2
blend-out repair is redundant information if the Option 1 action is
deleted.
    We do not agree with the commenter's request. Paragraph (i) of this
AD specifies that table 3, as well as tables 6 and 7, are not required
by this AD. Therefore, no further change to the AD is necessary in this
regard.

Request To Add Certain Requirements

    UAL asked that instructions be added to Part 3 of the Work
Instructions of Boeing Alert Service Bulletin 747-53A2876, dated
October 22, 2014, to apply Teflon coating on top of the rub strips. UAL
stated that this will further enhance protection and will reduce wear
and cracking of the rub strip due to contact with the dorsal fairing.
    We do not agree with the commenter's request. Boeing Alert Service
Bulletin 747-53A2876, dated October 22, 2014

(and the associated repairs and modifications), was coordinated with
the FAA before it was issued. This coordination included a damage-
tolerance analysis supporting the inspection thresholds and intervals
specified in the service information. Operators preferring to use a
method other than that specified in the referenced service information
may request approval for an alternative method of compliance (AMOC) and
provide supporting data, which, if approved, may be used instead of the
procedures specified in the service information. We have made no change
to the AD in this regard.

Request To Add Exception to the Proposed AD (80 FR 25627, May 5, 2015)

    United Parcel Service (UPS) asked that we add another exception to
paragraph (j) of the proposed AD (80 FR 25627, May 5, 2015) to clarify
that Section 3.B., Part 6, sub-step 2, of Boeing Alert Service Bulletin
747-53A2876, dated October 22, 2014, is not required. UPS stated that
paragraph (g) of the proposed AD requires operators to perform
applicable related investigative and corrective actions, in accordance
with the Accomplishment Instructions of Boeing Alert Service Bulletin
747-53A2876, dated October 22, 2014. UPS added that there is an
inconsistency in those Accomplishment Instructions. UPS noted that
tables 2 and 3 of paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 747-53A2876, dated October 22, 2014, specify
performing the actions in Parts 6 and 7, and those sections include
instructions labeled ``Required for Compliance'' (RC). UPS stated that
performing the same action in both Parts 6 and 7 results in a
duplication of work. UPS added that it submitted a service request to
Boeing and asked for clarification on this duplication of work. UPS
stated that Boeing agreed that corrective actions could result in
duplication and that it would evaluate the steps in the Work
Instructions and clarify them as necessary.
    We do not agree with the commenter's request. Boeing Alert Service
Bulletin 747-53A2876, dated October 22, 2014, specifies that if, during
the accomplishment of Part 6, obtaining the gap identified in Condition
6 is not possible, the operator must perform the actions associated
with Condition 7, including trimming and re-shimming the dorsal fin
fairing to obtain that gap by following the instructions in Part 7 of
Boeing Alert Service Bulletin 747-53A2876, dated October 22, 2014.
After this is done, the operator must re-measure, as specified in Part
7, to make sure the gap dimensions are correct. Following
accomplishment of Part 7, the operator must complete the actions in
Part 6 at the repetitive intervals specified in table 2 or table 3 of
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-
53A2876, dated October 22, 2014 (table 2 is required by paragraph (g)
of this AD; table 3 specifies post-modification airworthiness
limitation inspections in compliance to 14 CFR 25.571(a)(3) at the
modified locations, which support compliance with 14 CFR 121.1109(c)(2)
or 129.109(b)(2)). In light of these facts, we have determined that
there is no duplication of work. We have not changed the AD in this
regard.

Change To the Proposed AD (80 FR 25627, May 5, 2015)

    Paragraph (g) of this AD refers to initial and repetitive
inspections of the unrepaired structure. Paragraph (h) of this AD
refers to doing the inspections specified at the applicable times in
tables 4 and 5 of paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 747-53A2876, dated October 22, 2014. These tables
include compliance times for both the repaired and unrepaired areas.
The proposed AD (80 FR 25627, May 5, 2015) specified to require the
inspections in both paragraphs (g) and (h) of this AD, since there is
no terminating action identified in paragraph (h) of this AD. We have
determined that further clarification of these inspection requirements
is necessary. Therefore, we have added a sentence to paragraph (h) of
this AD clarifying that the inspections required by paragraph (h) of
this AD do not terminate the inspections required by paragraph (g) of
this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (80 FR 25627, May 5, 2015) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (80 FR 25627, May 5, 2015).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 747-53A2876, dated
October 22, 2014. This service information describes procedures for
repetitive inspections of the fuselage skin under the dorsal fairing,
the blended areas of the skin, and unrepaired areas, and related
investigative and corrective actions, if necessary. 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.

Explanation of ``RC'' Steps in Service Information

    The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(ARC), to enhance the AD system. One enhancement was a new process for
annotating which steps in the service information are required for
compliance with an AD. Differentiating these steps from other tasks in
the service information is expected to improve an owner's/operator's
understanding of crucial AD requirements and help provide consistent
judgment in AD compliance. The steps identified as Required for
Compliance (RC) in any service information identified previously have a
direct effect on detecting, preventing, resolving, or eliminating an
identified unsafe condition.
    For service information that contains steps that are labeled as RC,
the following provisions apply: (1) 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, and an AMOC is required for any
deviations to RC steps, including substeps and identified figures; and
(2) 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.

Costs of Compliance

    We estimate that this AD affects 93 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated costs
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                                                                                Cost on U.S.
          Action                  Labor cost          Parts cost       Cost per product          operators
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Inspections...............  Up to 15 work-hours x              $0   Up to $1,275 per       Up to $118,575 per
                             $85 per hour =                          inspection cycle.      inspection cycle.
                             $1,275.
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    We have received no definitive data that will enable us to provide
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

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

Regulatory Findings

    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):

2016-04-18 The Boeing Company: Amendment 39-18412 ; Docket No. FAA-
2015-1270; Directorate Identifier 2014-NM-222-AD.

(a) Effective Date

    This AD is effective April 5, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-100, -200B, -
200C, -200F, -300, -400, -400D, and -400F series airplanes;
certificated in any category, as identified in Boeing Alert Service
Bulletin 747-53A2876, dated October 22, 2014.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of significant fuselage skin
damage at the dorsal fairing forward of station (STA) 2280 due to
wear from the dorsal fairing. We are issuing this AD to detect and
correct fuselage skin damage of the dorsal fairing area, which could
result in skin cracking and consequent depressurization of the
airplane.

(f) Compliance

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

(g) Inspections and Repair

    At the applicable time specified in tables 1 and 2 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2876,
dated October 22, 2014, except as provided by paragraph (j)(1) of
this AD, do a detailed inspection of the fuselage skin under the
dorsal fairing for wear or cracks, and do all applicable related
investigative and corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2876, dated October 22, 2014, except as provided by paragraph (i)
of this AD and except as required by paragraph (j)(2) of this AD. Do
all applicable related investigative and corrective actions at the
time specified in paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 747-53A2876, dated October 22, 2014. Repeat the
applicable inspections of the fuselage skin thereafter at the
applicable times specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 747-53A2876, dated October 22, 2014.

(h) Post-Repair Inspections

    At the applicable time specified in tables 4 and 5 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2876,
dated October 22, 2014, except as provided by paragraph (j)(1) of
this AD, do an external surface high frequency eddy current
inspection of the blended areas of the skin and a detailed
inspection of the unrepaired areas, and do all applicable related
investigative and corrective actions, in accordance with Part 8 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
747-53A2876, dated October 22, 2014, except as provided by paragraph
(i) of this AD and except as required by paragraph (j)(2) of this
AD. Do all applicable related investigative and corrective actions
at the time specified in paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 747-53A2876, dated October 22, 2014. Repeat
the applicable inspections of the blended areas of the skin
thereafter at the applicable times specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2876, dated
October 22, 2014. Accomplishing the inspections required by this
paragraph does not terminate the inspections required by paragraph
(g) of this AD.

(i) Post-Modification Inspections

    Tables 3, 6, and 7 of paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 747-53A2876, dated October 22, 2014, specify
post-modification airworthiness limitation inspections in compliance
to 14 CFR 25.571(a)(3) at the modified locations, which support
compliance with 14 CFR 121.1109(c)(2) or 129.109(b)(2). As
airworthiness limitations, these inspections are required by
maintenance and operational rules. It is therefore unnecessary to
mandate them in this AD. Deviations from these inspections require
FAA approval, but do not require an alternative method of
compliance.

(j) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 747-53A2876, dated
October 22, 2014, specifies a compliance time ``after the

Original Issue date of this service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.
    (2) Although Boeing Alert Service Bulletin 747-53A2876, dated
October 22, 2014, specifies to contact Boeing for repair data, and
specifies that action as ``RC'' (Required for Compliance), this AD
requires repair before further flight using a method approved in
accordance with the procedures specified in paragraph (k) of this
AD.

(k) 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 paragraph (l)(1) 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, modification, or alteration 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. 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 paragraph (j)(2) 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) 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. 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 Nathan Weigand,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(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) Boeing Alert Service Bulletin 747-53A2876, dated October 22,
2014.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 15, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-03884 Filed 2-29-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)]
[Notices]
[Pages 36543-36545]
[FR Doc No: 2015-15638]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0915]

Agency Information Collection Activities; Proposed Collection;
Submission for Office of Management and Budget Review; Guidance for
Industry on Postmarketing Adverse Event Reporting for Nonprescription
Human Drug Products Marketed Without an Approved Application

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 July
27, 2015.

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 oira_

<EMAIL_ADDRESS>All comments should be identified with the OMB
control number 0910-0636. Also include the FDA docket number found in
brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
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.

Guidance for Industry on Postmarketing Adverse Event Reporting for
Nonprescription Human Drug Products Marketed Without an Approved
Application (OMB Control Number 0910-0636)--Extension

    Respondents to this collection of information are manufacturers,
packers, and distributors whose name (under section 502(b)(1) (21
U.S.C. 352(b)(1)) of the Federal Food, Drug, and Cosmetic Act (the FD&C
Act)) appears on the label of a nonprescription drug marketed in the
United States. FDA is requesting public comment on estimates of annual
submissions from these respondents, as required by the Dietary
Supplement and Nonprescription Drug Consumer Protection Act (Pub. L.
109-462) and described in the guidance. The guidance document discusses
what should be included in a serious adverse drug event report
submitted under section 760(b)(1) (21 U.S.C. 379aa(b)(1)) of the FD&C
Act, including follow-up reports under 760(c)(2) (21 U.S.C.
379aa(c)(2)) of the FD&C Act, and how to submit these reports. The
estimates for the annual reporting and recordkeeping burdens are based
on FDA data on the number of adverse drug experience reports submitted
for nonprescription drug products marketed without an approved
application, including FDA's knowledge about the time needed to prepare
the reports and to maintain records.
    In the Federal Register of January 23, 2015 (80 FR 3608), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. FDA received one comment. The comment
requested that we increase the reporting burden estimates from 2 hours
to 6 hours and the recordkeeping burden estimates from 5 hours to 8
hours. The comment said although there may be circumstances where FDA's
estimates for reporting and recordkeeping may be accurate, the comment
contended that, in its experience, the approximations are
underestimated. The comment said that as many as 6 hours may be
required to complete a single serious adverse event report, especially
when the sponsor's medical and quality review teams are involved, and
that as many as 8 hours may be required to maintain all relevant
records for a single adverse event report as stipulated by statute.
    FDA Response: We have reconsidered our estimates, and agree with
the comment that there may be circumstances where 6 hours would be
needed to prepare and submit a report to us and 8 hours may be needed
for recordkeeping. We have revised our reporting and recordkeeping
burden estimates accordingly.
    Based on FDA data, we estimate between 10,000 and 15,000 (i.e.,
approximately 12,500) total annual responses from approximately 50
respondents for nonprescription drugs marketed without an approved
application, and we also estimate that each submission will take
approximately 6 hours to prepare and submit.

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                              Activity                                  Number of      responses per     Total annual   Average  burden    Total hours
                                                                       respondents       respondent       responses      per  response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reports of serious adverse drug events (21 U.S.C. 379aa((b) and                  50              250           12,500                6           75,000
 (c))..............................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Section 760(e) (21 U.S.C. 379aa(e) of the FD&C Act also requires
that responsible persons maintain records of nonprescription adverse
event reports, whether or not the event is serious, for a period of 6
years. The guidance document recommends that respondents maintain
records of efforts to obtain the minimum data elements for a report of
a serious adverse drug event and any follow-up reports. We estimate
that there are approximately 20,000 records per year maintained by
approximately 200 respondents, and that it takes approximately 8 hours
to maintain each record.

                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of                      Average  burden
                              Activity                                  Number of       records per      Total annual         per          Total hours
                                                                      recordkeepers     recordkeeper       records       recordkeeping
--------------------------------------------------------------------------------------------------------------------------------------------------------
Recordkeeping (21 U.S.C. 379aa(e)(1))..............................             200              100           20,000                8          160,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Therefore, the estimated annual reporting burden for this
information is 25,000 hours and the estimated annual recordkeeping
burden is 100,000 hours.

    Dated: June 22, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-15638 Filed 6-24-15; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: March 6, 2009 (Volume 74, Number 43)]
[Rules and Regulations]
[Page 9767-9768]
[DOCID:fr06mr09-5]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0026]

Drawbridge Operation Regulation; Park Street Drawbridge, Oakland
Inner Harbor, Alameda, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Eleventh Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Park Street drawbridge across the Oakland Inner Harbor, mile 5.2, at
Alameda, CA. The deviation is necessary to allow seismic retrofitting
of the bridge. This deviation allows single leaf operation of the
double leaf, bascule style drawbridge, during the deviation period.

DATES: This deviation is effective from 12:01 a.m. on February 1, 2009
until 11:59 p.m. on May 31, 2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of the docket USCG-2009-0026 and are available
online at http://www.regulations.gov. They are also available for
inspection or copying at two locations: the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays, and the Commander (dpw), Eleventh Coast Guard District,
Building 50-2, Coast Guard Island, Alameda, CA 94501-5100, between 8
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District, telephone<PHONE_NUMBER>. If
you have questions on viewing the docket, call Renee Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The County of Alameda requested a temporary
change to the operation of the Park Street drawbridge across the
Oakland Inner Harbor, mile 5.2, at Alameda, CA. The Park Street
drawbridge navigation span provides a horizontal clearance of 241 feet
between pier fenders. During single leaf operation, horizontal
clearance is reduced to approximately 100 feet. The drawbridge provides
a vertical clearance of 15 feet above Mean High Water in the closed-to-
navigation position and unlimited vertical clearance in the open-to-
navigation position. As required by 33 CFR 117.181, the draw shall open
on signal; except that, from 8 a.m. to 9 a.m. and 4:30 p.m. to 6:30
p.m. Monday through Friday except Federal holidays, the draw need not
be opened for the passage of vessels. However, the draw shall open
during the above closed periods for vessels which must, for reasons of
safety, move on a tide or slack water, if at least two hours notice is
given. The waterway is navigated by commercial, recreational, emergency
and law enforcement vessels.
    Between the hours of 7 a.m. and 9 p.m. Monday through Thursday, and
between the hours of 7 a.m. and 3:30 p.m. on Friday, the drawspan will
be operated, one leaf at a time, while the opposite leaf, counterweight
and hinges are seismically retrofitted. The drawbridge will be operated
in the normal double leaf operation mode at night and on weekends, when
work is not actually being performed on the bridge. The starting and
ending dates for the project are from 12:01 a.m. on February 1, 2009
until 11:59 p.m. on May 31, 2009. This temporary deviation has been
coordinated with the waterway users. The largest tug and barge
combination on the waterway will be able to continue navigating safely
through the bridge. Recreational and

other waterway traffic will not be negatively impacted by the project.
    Vessels that can transit the bridge, while in the closed-to-
navigation position, may continue to do so at any time.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: January 30, 2009.
P.F. Zukunft,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
 [FR Doc. E9-4811 Filed 3-5-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Rules and Regulations]
[Pages 20515-20517]
[FR Doc No: 2012-7848]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0331; Directorate Identifier 2011-NM-119-AD;
Amendment 39-17008; AD 2012-07-02]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A340-500 and -600 series airplanes. This AD requires
repetitive inspections of the forward and aft attachment fittings and
of the swan neck for cracks, and replacing the attachment fittings and
the swan neck with serviceable ones if necessary. This AD was prompted
by reports of cracks on the forward attachment fittings of the left and
right sides of the forward hinge of the nose landing gear (NLG) aft
door. We are issuing this AD to detect and correct cracks of the
forward attachment fittings and the swan neck, which could lead to the
in-flight detachment of the NLG aft door and result in injury to
persons on the ground or damage to the airplane.

DATES: This AD becomes effective April 20, 2012.
    The Director of the Federal Register approved the incorporation by
reference of the service information listed in the AD as of April 20,
2012.
    We must receive comments on this AD by May 21, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations,

M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2011-0088, dated May 13, 2011 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    An operator has reported cracks on the aft hinge forward (FWD)
fittings (hinge 5) of the NLG aft doors (Right Hand (RH)
side or Left Hand (LH) side). The cracks extended by approximately
15 millimetres from the upper hole to the edge of the fittings.
    Investigation has revealed that these cracks have initiated due
to fatigue loads and propagated under bending load.
    Cracks on the NLG aft door fittings, if not corrected, could
lead to the inflight detachment of the door, possibly resulting in
injury to persons on the ground or damage to the aeroplane.
    In order to maintain the structural integrity of the NLG aft
door aft hinge attachment fittings, EASA issued EASA AD 2010-0028
[which corresponds to FAA AD 2011-08-03, Amendment 39-16653 (71 FR
20496, April 13, 2011)], which requires repetitive inspections at
hinge 5.
    Additional investigations have shown that inspections are also
necessary for the hinge 4.
    For the reasons described above, this [EASA] AD requires
repetitive [detailed] inspections of the FWD and AFT attachment
fittings and [high frequency eddy current inspections] of the swan
neck at the forward hinge 4 and their replacement, as
necessary.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A340-52-5017,
including Appendices 1 and 2, dated February 17, 2011. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    There are no products of this type currently registered in the
United States. However, this rule is necessary to ensure that the
described unsafe condition is addressed if any of these products are
placed on the U.S. Register in the future.

Differences Between the AD and the MCAI or Service Information

    Although the MCAI or service information allows further flight
after cracks are found, paragraph (g) of this AD requires that you
replace both the forward and aft fittings before further flight if any
crack is found.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2012-0331; Directorate
Identifier 2011-NM-119-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

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 AD:

2012-07-02 Airbus: Amendment 39-17008. Docket No. FAA-2012-0331;
Directorate Identifier 2011-NM-119-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 20,
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A340-541 and -642 airplanes,
certificated in any category, all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 52: Doors.

(e) Reason

    This AD was prompted by reports of cracks on the forward
attachment fittings of the left and right sides of the forward hinge
of the nose landing gear (NLG) aft door. We are issuing this AD to
detect and correct cracks of the forward attachment fittings and the
swan neck, which could lead to the in-flight detachment of the NLG
aft door and result in injury to persons on the ground or damage to
the airplane.

(f) Compliance

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

(g) Repetitive Inspections and Corrective Action of the Forward and Aft
Attachment Fittings of the Forward Hinge (4) of the NLG Aft
Door

    Before the accumulation of 4,500 total flight cycles or within
50 flight cycles after the effective date of this AD, whichever
occurs later: Do a detailed visual inspection for any cracking of
the forward attachment fittings of the forward hinge (4) of
the NLG aft door of the left side and right side doors, in
accordance with the Accomplishment Instructions of Airbus Mandatory
Service Bulletin A340-52-5017, excluding Appendices 1 and 2, dated
February 17, 2011.
    (1) If no crack is found: Thereafter repeat the inspection
required in paragraph (g) of this AD at intervals not to exceed 500
flight cycles.
    (2) If any crack is found during any inspection required in
paragraph (g) of this AD: Before further flight, replace both the
forward and aft fittings with serviceable fittings on the forward
hinge (4) of the affected NLG aft door, in accordance with
the Accomplishment Instructions of Airbus Mandatory Service Bulletin
A340-52-5017, excluding Appendices 1 and 2, dated February 17, 2011.

(h) Action Requirement for Part Replacement of the Forward and Aft
Attachment Fittings of the Forward Hinge (4) of the NLG Aft
Door

    If any forward and aft attachment fittings of the forward hinge
(4) of the NLG aft door have been replaced as required in
paragraph (g)(2) of this AD: Before the accumulation of 4,500 flight
cycles on the forward fitting, do the inspection required in
paragraph (g) of this AD.

(i) Repetitive Inspections and Corrective Actions of the Swan Neck of
the Forward Hinge (4) of the NLG Aft Door

    Before the accumulation of 4,500 total flight cycles or within
50 flight cycles after the effective date of this AD, whichever
occurs later: Perform a high frequency eddy current inspection for
any cracking of the swan neck of the forward hinge (4) of
the NLG aft door of the left side and right side doors, in
accordance with the Accomplishment Instructions of Airbus Mandatory
Service Bulletin A340-52-5017, excluding Appendices 1 and 2, dated
February 17, 2011.
    (1) If no crack is found: Thereafter repeat the inspection
required in paragraph (i) of this AD at intervals not to exceed 500
flight cycles.
    (2) If any crack is found during any inspection required in
paragraphs (i) of this AD: Before further flight, replace the swan
neck with a serviceable swan neck on the forward hinge (4)
of the affected NLG aft door, in accordance with the Accomplishment
Instructions of Airbus Mandatory Service Bulletin A340-52-5017,
excluding Appendices 1 and 2, dated February 17, 2011.

(j) Action Requirement for Part Replacement of the Swan Neck of the
Forward Hinge (4) of the NLG Aft Door

    If any swan neck of the NLG aft door forward hinge (4)
is replaced as specified in paragraph (i)(2) of this AD: Before the
accumulation of 4,500 flight cycles on the swan neck, repeat the
inspection required in paragraph (i) of this AD.

 (k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to Attn: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office. The AMOC approval letter
must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) 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.

(l) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
European Aviation Safety Agency Airworthiness Directive 2011-0088,
dated May 13, 2011; and Airbus Mandatory Service Bulletin A340-52-
5017, excluding Appendices 1 and 2, dated February 17, 2011; for
related information.

(m) Material Incorporated by Reference

    (1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) of the following service information under 5 U.S.C.
552(a) and 1 CFR part 51:
    (2) Airbus Mandatory Service Bulletin A340-52-5017, excluding
Appendices 1 and 2, dated February 17, 2011.
    (3) For Airbus service information identified in this AD,
contact Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (4) You may review copies of the 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>.
    (5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 23, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-7848 Filed 4-4-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Pages 75821-75822]
[FR Doc No: 2016-26371]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2015-0635; FRL-9954-79-ORD]

Board of Scientific Counselors (BOSC) Chemical Safety for
Sustainability Subcommittee Meeting--November 2016

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, the U.S. Environmental Protection Agency, Office of Research and
Development (ORD), gives notice of a meeting of the Board of Scientific
Counselors (BOSC) Chemical Safety for Sustainability Subcommittee.

DATES: The meeting will be held on Wednesday, November 16, 2016, from
8:00 a.m. to 6:00 p.m., Thursday, November 17, 2016, from 8:30 a.m. to
6:00 p.m., and will continue on Friday, November 18, 2016, from 8:30
a.m. to 3:30 p.m. All times noted are Eastern Time. Attendees must
register by November 10, 2016, online at: https://www.eventbrite.com/e/us-epa-bosc-chemical-safety-for-sustainability-subcommittee-tickets-28454076910. Requests for the draft agenda or for presenting written or
oral statements at the meeting will be accepted up to November 14,
2016.

ADDRESSES: The meeting will be held at the EPA's Main Campus Facility,
109 T.W. Alexander Drive, Research Triangle Park, North Carolina 27711.

INSTRUCTIONS: Submit your comments, identified by Docket ID No. EPA-HQ-
ORD-2015-0635, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email: Send comments by electronic mail (email) to:
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-ORD-2015-0635.
     Fax: Fax comments to:<PHONE_NUMBER>, Attention Docket ID
No. EPA-HQ-ORD-2015-0635.
     Mail: Send comments by mail to: Board of Scientific
Counselors (BOSC) Chemical Safety for Sustainability Subcommittee
Docket, Mail Code: 2822T, 1301 Constitution Ave. NW., Washington, DC
20004, Attention Docket ID No. EPA-HQ-ORD-2015-0635.
     Hand Delivery or Courier: Deliver comments to: EPA Docket
Center (EPA/DC), Room 3334, William Jefferson Clinton West Building,
1301 Constitution Ave. NW., Washington, DC, Attention Docket ID No.
EPA-HQ-ORD-2015-0635. Note: This is not a mailing address. Deliveries
are only accepted during the docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Direct your comments to Docket ID No. EPA-HQ-ORD-2015-0635. The
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 information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means the 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 the 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, the 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 the
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, the 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. For
additional information about the EPA's public docket visit the EPA
Docket Center homepage at http://www.epa.gov/dockets/.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Board of Scientific
Counselors (BOSC) Chemical Safety for Sustainability Subcommittee
Docket, EPA/DC, William Jefferson Clinton West Building, Room 3334,
1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the ORD Docket is (202)
566-1752.

FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via
mail at: Megan Fleming, Mail Code 8104R, Office of Science Policy,
Office of Research and Development, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; via phone/
voice mail at:<PHONE_NUMBER>; or via email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    General Information: The meeting is open to the public. Any member
of the public interested in attending the meeting must register by
November 10, 2016, online at: https://www.eventbrite.com/e/us-epa-bosc-chemical-safety-for-sustainability-subcommittee-tickets-28454076910.
Any member of the public interested in receiving a draft agenda,
attending the meeting, or presenting written or oral statements at the
meeting should contact Megan Fleming via any of the contact methods
listed in the FOR FURTHER INFORMATION CONTACT section above.
    For security purposes, all attendees must go through a metal
detector, sign in with the security desk, and show government-issued
photo identification to enter the building. Attendees are encouraged to
arrive at least 15 minutes prior to the start of the meeting to allow
sufficient time for security screening. Proposed agenda items for the
meeting include, but are not limited to, the following: Overview of
materials provided to the subcommittee; Overview of ORD's Chemical
Safety for Sustainability Research Program; A short update from ORD's
Human Health Risk Assessment Research Program; Poster session; and
Subcommittee discussion.
    Written Statements: Written statements for the public meeting
should be received by Megan Fleming via email at the contact
information listed above by November 14, 2016. Written statements
should be supplied in one of the following electronic

formats: Adobe Acrobat PDF, MS Word, MS Power Point, or Rich Text
format.
    Oral Statements: In general, each individual making an oral
statement at the public meeting will be limited to a total of three
minutes. Each person making an oral statement should also consider
providing written comments so that the points presented orally can be
expanded upon in writing. Interested parties should contact Megan
Fleming in writing (preferably via email) at the contact information
noted above by November 14, 2016, to be placed on the list of public
speakers for the BOSC meeting.
    Information on Services for Individuals with Disabilities: For
information on access or services for individuals with disabilities,
please contact Megan Fleming at<PHONE_NUMBER> or
<EMAIL_ADDRESS>To request accommodation of a disability, please
contact Megan Fleming, preferably at least ten days prior to the
meeting, to give the EPA as much time as possible to process your
request.

    Dated: October 25, 2016.
Fred S. Hauchman,
Director, Office of Science Policy.
[FR Doc. 2016-26371 Filed 10-31-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 171 (Wednesday, September 4, 2013)]
[Notices]
[Pages 54462-54463]
[FR Doc No: 2013-21415]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-3576-010;ER11-3401-009.
    Applicants: Golden Spread Electric Cooperative, Inc., Golden Spread
Panhandle Wind Ranch, LLC.
    Description: Notice of Change in Status of Golden Spread Electric
Cooperative, Inc., et al.
    Filed Date: 8/27/13.
    Accession Number: 20130827-5173.
    Comments Due: 5 p.m. ET 9/17/13.

    Docket Numbers: ER12-1153-003; ER11-1846-003; ER11-2516-004; ER11-
2598-006; ER11-1848-003; ER11-2509-005; ER11-1847-003; ER11-1850-003;
ER12-1152-003.
    Applicants: Bounce Energy NY, LLC, Bounce Energy PA, LLC, Direct
Energy Business, LLC, Direct Energy Marketing, Inc., Direct Energy
Services, LLC, Energetix, Inc., Energy America, LLC, Gateway Energy
Services Corporation, NYSEG Solutions, Inc.
    Description: Notice of Change in Status and Notice of Change to
Conditions Related to Former Owners of Bounce NY et al.
    Filed Date: 8/27/13.
    Accession Number: 20130827-5063.
    Comments Due: 5 p.m. ET 9/17/13.

    Docket Numbers: ER13-1430-000.
    Applicants: Arlington Valley Solar Energy II, LLC.
    Description: Refund Report to be effective N/A.
    Filed Date: 8/22/13.
    Accession Number: 20130822-5164.
    Comments Due: 5 p.m. ET 9/12/13.

    Docket Numbers: ER13-1910-002.
    Applicants: Guzman Power Markets.
    Description: Market-Based Rate Tariff 1 revision to be
effective 8/20/2013.

    Filed Date: 8/27/13.
    Accession Number: 20130827-5028.
    Comments Due: 5 p.m. ET 9/17/13.

    Docket Numbers: ER13-2233-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Midcontinent Independent System Operator, Inc. submits
08-27-2013 Order 764 Errata to be effective N/A.
    Filed Date: 8/27/13.
    Accession Number: 20130827-5168.
    Comments Due: 5 p.m. ET 9/17/13.

    Docket Numbers: ER13-2250-000.
    Applicants: NorthWestern Corporation
    Description: Cancellation of SA 586, Amended and Restated GIA with
PPL Montana to be effective 8/23/201.
    Filed Date: 8/27/13.
    Accession Number: 20130827-5000.
    Comments Due: 5 p.m. ET 9/17/13.

    Docket Numbers: ER13-2251-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 1888R2 Westar Energy, Inc. NITSA and NOA to be
effective 8/1/2013.
    Filed Date: 8/27/13.
    Accession Number: 20130827-5035.
    Comments Due: 5 p.m. ET 9/17/13.

    Docket Numbers: ER13-2252-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 1890R2 Westar Energy, Inc. NITSA and NOA to be
effective 8/1/2013.
    Filed Date: 8/27/13.
    Accession Number: 20130827-5114.
    Comments Due: 5 p.m. ET 9/17/13.

    Docket Numbers: ER13-2253-000.
    Applicants: PacifiCorp.
    Description: BPA AC Intertie Agreement 8th Revised to be effective
10/27/2013.
    Filed Date: 8/27/13.
    Accession Number: 20130827-5115.
    Comments Due: 5 p.m. ET 9/17/13.

    Docket Numbers: ER13-2254-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 1889R2 Westar Energy, Inc. NITSA and NOA to be
effective 8/1/2013.
    Filed Date: 8/27/13.
    Accession Number: 20130827-5116.
    Comments Due: 5 p.m. ET 9/17/13.

    Docket Numbers: ER13-2255-000.
    Applicants: Mansfield Power and Gas, LLC.
    Description: Mansfield Power and Gas, LLC to be effective 9/30/
2013.
    Filed Date: 8/27/13.
    Accession Number: 20130827-5119.
    Comments Due: 5 p.m. ET 9/17/13.

    Docket Numbers: ER13-2256-000.
    Applicants: PacifiCorp.
    Description: SIEA to be effective 10/27/2013.
    Filed Date: 8/27/13.
    Accession Number: 20130827-5121.
    Comments Due: 5 p.m. ET 9/17/13.

    Docket Numbers: ER13-2257-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 1891R2 Westar Energy, Inc. NITSA and NOA to be
effective 8/1/2013.
    Filed Date: 8/27/13.
    Accession Number: 20130827-5122.
    Comments Due: 5 p.m. ET 9/17/13.

    Docket Numbers: ER13-2258-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii: 1892R2 Westar Energy, Inc. NITSA and NOA to be
effective 8/1/2013.
    Filed Date: 8/27/13.
    Accession Number: 20130827-5158.
    Comments Due: 5 p.m. ET 9/17/13.

    Take notice that the Commission received the following electric
reliability filings:

    Docket Numbers: RD13-11-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Joint Petition of North American Electric Reliability
Corporation and Western Electricity Coordinating Council for Approval
of BAL-004-WECC-02 and BAL-001-1.
    Filed Date: 8/20/13.
    Accession Number: 20130820-5149.
    Comments Due: 5 p.m. ET 9/17/13.

    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: August 27, 2013.
Nathaniel J. Davis, Sr..
Deputy Secretary.
[FR Doc. 2013-21415 Filed 9-3-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Proposed Rules]
[Pages 51316-51317]
[FR Doc No: 2011-21122]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9452-2]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Barceloneta Landfill
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; notice of intent.

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SUMMARY: The Environmental Protection Agency (EPA) Region II is issuing
a Notice of Intent to Delete the Barceloneta Landfill Superfund Site
(Site) located in Florida Afuera, Puerto Rico from the National
Priorities List (NPL) and requests public comments on this proposed
action. The NPL, promulgated pursuant to section 105 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an appendix of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the
Commonwealth of Puerto Rico, through the Puerto Rico Environmental
Quality Board, have determined that all appropriate response actions
under CERCLA, other than operation, maintenance, and five-year reviews,
have been completed. However, this deletion does not preclude future
actions under Superfund.

DATES: Comments must be received by September 19, 2011.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions
for submitting comments.
     E-mail: Luis E. Santos, Remedial Project Manager,
<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Luis E. Santos, Remedial Project Manager, U.S.
Environmental Protection Agency, Region II, Caribbean Protection
Division, Centro Europa Building, Suite 417, Ponce de Le[oacute]n Ave.,
Stop 22, San Juan, Puerto Rico 00907-4127.
     Hand delivery: U.S. Environmental Protection Agency,
Region II, Caribbean Protection Division, Centro Europa Building, Suite
417, Ponce de Le[oacute]n Ave., Stop 22, San Juan, Puerto Rico 00907-
4127. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1983-0002. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, 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 e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail 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 docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statue. Certain other material, such
as copyrighted material, will be publicly available only in the hard
copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at:
U.S. Environmental Protection Agency, Region II, Superfund Records
Center, 290 Broadway, 18th Floor, New York, NY 10007-1866, Phone: 212-
637- 4308, Hours: Monday to Friday from 9 a.m. to 5 p.m.
     Or
U.S. Environmental Protection Agency, Region II, Caribbean
Environmental Protection Division Centro Europa Building, Suite 417,
1492 Ponce de Le[oacute]n Ave., Stop 22, San Juan, Puerto Rico 00907-
4127, Phone:<PHONE_NUMBER>, Hours: 8:30 a.m. to 4:30 p.m.--Monday
through Friday (excluding holidays) Contact: Luis E. Santos

FOR FURTHER INFORMATION CONTACT: Luis E. Santos, Remedial Project
Manager, U.S. Environmental Protection Agency, Region II, telephone at
(787) 977-5824; fax at<PHONE_NUMBER>; or e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    In the ``Rules and Regulations'' Section of today's Federal
Register, we are publishing a direct final Notice of Deletion of
Barceloneta Landfill Superfund Site without prior Notice of Intent to
Delete because we view this as a noncontroversial revision and
anticipate no adverse comment. We have explained our reasons for this
deletion in the preamble to the direct final Notice of Deletion, and
those reasons are incorporated herein. If we receive no adverse
comment(s) on this deletion action, we will not take further action on
this Notice of Intent to Delete. If we receive adverse comment(s), we
will withdraw the direct final Notice of Deletion, and it will not take
effect. We will, as appropriate, address all public comments in a
subsequent final Notice of Deletion based on this Notice of Intent to
Delete. We will not institute a second comment period on this Notice of
Intent to Delete. Any parties interested in commenting must do so at
this time.
    For additional information, see the direct final Notice of Deletion
which is located in the Rules section of this Federal Register.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923; 3 CFR, 1987 Comp., p. 193.

    Dated: August 8, 2011.
Judith Enck,
Regional Administrator, Region 2.
[FR Doc. 2011-21122 Filed 8-17-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Proposed Rules]
[Pages 77542-77544]
[FR Doc No: 2023-24959]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R04-OAR-2023-0048; FRL-10936-01-R4]

Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Alabama; Control of Emissions From Existing
Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a Clean Air Act (CAA) section 111(d) plan submitted by the
Alabama Department of Environmental Management (ADEM) on October 18,
2021. This state plan was submitted to fulfill the requirements of the
CAA and is responsive to EPA's promulgation of Emissions Guidelines and
Compliance Times for municipal solid waste (MSW) landfills. The Alabama
state plan establishes emission limits for existing MSW landfills and
provides for the implementation and enforcement of those standards and
requirements.

DATES: Written comments must be received on or before December 13,
2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0048 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be confidential business information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tracy Watson, Communities and Air
Toxics Section, Air Analysis and Support Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
St. SW, Atlanta, Georgia 30303. The telephone number is<PHONE_NUMBER>.
Mr. Watson can also be reached via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On August 29, 2016, EPA finalized revised Standards of Performance
for new MSW landfills and Emission Guidelines and Compliance Times for
existing MSW landfills in 40 CFR part 60, subpart XXX and Cf,
respectively (81 FR 59332 and 81 FR 59276). These actions were taken in
accordance with section 111 of the CAA.
    Section 111(d) of the CAA requires EPA to establish a procedure for
a state to submit a plan to EPA which establishes standards of
performance for any existing source of any air pollutant: (1) For which
air quality criteria have not been issued or which is not included on a
list published under CAA section 108 or emitted from a source category
which is regulated under CAA section 112, but (2) to which a standard
of performance under CAA section 111 would apply if such existing
source were a new source. EPA established these requirements for state
plan submittals in 40 CFR part 60, subpart B. State submittals under
CAA sections 111(d) must be consistent with the relevant emission
guidelines, in this instance 40 CFR part 60, subpart Cf, and the
requirements of 40 CFR part 60, subpart B and 40 CFR part 62, subpart
A. If the state plan is complete and approvable with reference to these
requirements, EPA notifies the public, promulgates the plan pursuant to
40 CFR part 62, and delegates implementation and enforcement of the
standards and requirements of the emission guidelines to the state
under the terms of the state plan as published in the CFR.
    On October 18, 2021, the ADEM submitted to EPA a formal section
111(d) plan for existing MSW landfills. The section 111(d) plan was
submitted in response to the August 29, 2016, promulgation, and the
March 26, 2020, subsequent amendments, of the emission guidelines
requirements for

MSW landfills, 40 CFR part 60, Cf (81 FR 59276 and 85 FR 17244,
respectively).

II. Summary and Analysis of the Plan Submittal

    EPA has reviewed the Alabama section 111(d) plan submittal in the
context of the plan completeness and approvability requirements of 40
CFR part 60, subparts B and Cf, and 40 CFR part 62, subpart A. EPA is
proposing to determine that the submitted section 111(d) plan meets the
above cited requirements. The Alabama state plan submittal package
includes all materials necessary to be deemed administratively and
technically complete according to the criteria of 40 CFR 60.27.
Included within the section 111(d) plan are regulations under the ADEM
Administrative Code specifically, ADEM Administrative Code Rule 335-3-
19--``Control of Municipal Solid Waste Landfill Gas Emissions.''
Alabama houses its implementation and enforcement authority for the
state plan requirements in this regulation. In this action, EPA is
proposing to incorporate by reference ADEM Administrative Code Rule
335-3-19, which became effective in the State of Alabama on December
13, 2021. A detailed explanation of the rationale behind this proposed
approval is available in the Technical Support Document (TSD) included
in the docket for this action.

III. Proposed Action

    EPA is proposing to approve the Alabama section 111(d) plan for MSW
landfills pursuant to 40 CFR part 60, subparts B and Cf. Therefore, EPA
is proposing to amend 40 CFR part 62, subpart B to reflect this action.
This approval is based on the rationale previously discussed and
discussed in further detail in the TSD associated with this action.
    The EPA Administrator continues to retain authority for approval of
alternative methods to determine the nonmethane organic compound
concentration or a site-specific methane generation rate constant (k),
as stipulated in 40 CFR 60.30f(c).

IV. Incorporation by Reference

    In this document, EPA is proposing to include regulatory text that
incorporates by reference the state plan. In accordance with
requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference ADEM Administrative Code Rule 335-3-19, which became
effective in the State of Alabama on December 13, 2021. ADEM
Administrative Code Rule 335-3-19 provides details regarding Alabama's
adoption of the applicability provisions, compliance times, emission
guidelines, operational standards, test methods, compliance provisions,
monitoring requirements, reporting guidelines, recordkeeping
guidelines, specifications for active landfill gas collection systems
and definitions contained in EPA's emission guidelines for existing
municipal solid waste landfills (40 CFR part 60, subpart Cf). EPA has
made, and will continue to make, these materials generally available
through the docket for this action, EPA-R04-OAR-2023-0048, at https://www.regulations.gov and at EPA Region 4 Office (please contact the
person identified in the For Further Information Contact section of
this preamble for more information).

V. Statutory and Executive Order Reviews

    In reviewing state plan submissions, EPA's role is to approve state
choices, provided 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
    Executive Order 12898 (59 FR 7629), February 16, 1994) directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or Indigenous
peoples) and low-income populations.
    The EPA believes that the human health and environmental conditions
that exist prior to this action result in, or have the potential to
result in, disproportionate and adverse human health or environmental
effects on people of color, low-income populations, and/or Indigenous
peoples. Certain areas of the State include communities that are
pollution-burdened and underserved according to demographic data. EPA
performed a screening-level analysis using EPA's EJSCREEN to identify
environmental burdens and susceptible populations in communities
surrounding MSW landfill facilities in the State. The results of the
demographic analysis are presented in the EJ Screening Report for
Municipal Solid Waste Landfills, a copy of which is available in the
docket for this action, Docket ID No. EPA-R04-EPA-2023-0048.
    The EPA believes that this action is not likely to result in
disproportionate and adverse effects on people of color, low-income
populations, and/or Indigenous peoples because the State plan would
reduce emissions of landfill gas, which contains both nonmethane
organic compounds and methane. Nonmethane organic compounds can contain
various organic hazardous air pollutants (HAPs) and volatile organic
compounds (VOCs). Nearly 30 organic HAPs have been identified in
uncontrolled landfill gas, with at least one identified as a known
human carcinogen. VOC emissions are precursors to particulate matter
and ozone formation, both of which are associated with health effects
such as premature mortality for adults and infants, cardiovascular
morbidity such as heart attacks, and respiratory morbidity such as
asthma attacks, acute bronchitis, and other respiratory symptoms.
Additionally, the State plan is expected to result in a reduction of
carbon dioxide due to reduced demand by landfills for electricity from
the grid, as landfills will generate electricity from landfill gas.
These abated emissions will improve air quality and reduce the effects
associated with exposure to landfill gas emissions, protecting public

health and welfare. The EPA has determined that this action increases
the level of environmental protection for all affected populations
without having any disproportionately high and adverse human health or
income or environmental effects on any population, including any
minority, low-income, or Indigenous populations. To the extent that any
minority, low-income, or Indigenous subpopulation is disproportionately
impacted by landfill gas emissions due to the proximity of their homes
to sources of these emissions, that subpopulation also stands to see
increased environmental and health benefit from the emission reductions
called for by this action.
    In addition, this proposed approval of Alabama's State plan for
existing MSW landfills does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
State plan is not approved to apply in Indian country located in the
State, and the EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 62

    Administrative practice and procedure, Air pollution control,
Environmental protection, Landfills, Incorporation by reference,
Intergovernmental relations, Methane, Ozone, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 2, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2023-24959 Filed 11-9-23; 8:45 am]
BILLING CODE 6560-50-P