[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)]
[Proposed Rules]
[Pages 8250-8253]
[FR Doc No: 2015-03058]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0087; FRL-9923-02-Region 9]

Revision of Air Quality Implementation Plan; California; South
Coast Air Quality Management District; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the South Coast Air
Quality Management District (SCAQMD) portion of the California State
Implementation Plan (SIP) that pertains to SCAQMD Rule 1325: Federal
PM2.5 New Source Review Program, submitted on December 29,
2014. SCAQMD adopted Rule 1325 to meet the Clean Air Act (CAA) part D
requirements for emissions of PM2.5 from stationary sources.

DATES: Written comments must be received on or before March 19, 2015.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2015-0087, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Gerardo Rios (AIR-3), U.S. Environmental
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901. Deliveries are only accepted during the Regional Office's
normal hours of operation.
    Instructions: All comments 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 Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://www.regulations.gov or email. www.regulations.gov is an ``anonymous
access'' system, and EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send email directly to EPA, your email address will be automatically
captured and included as part of the public comment. 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.
    Docket: EPA has established a docket for this action under EPA-R09-
OAR-2015-0087. Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While
all documents in the docket are generally listed at http://www.regulations.gov, some information may be publicly available only at
the hard copy location (e.g., copyrighted material, large maps), and
some may not be publicly available in either location (e.g., CBI). To
inspect the hard copy materials, please schedule an appointment during
normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section below.

FOR FURTHER INFORMATION CONTACT: La Weeda Ward, by phone: (213) 244-
1812 or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. What is the purpose of the submitted rule?
II. EPA's Evaluation
    A. What is the background for today's proposal?
    B. How is EPA evaluating the rule?
    C. Does the rule meet the evaluation criteria?
III. Proposed Action and Public Comment
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the date
that it was adopted by the local air agency and submitted by CARB.

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
                                                                                Adopted/
               Local agency                   Rule #              Rule title             amended      Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD...................................         1325   Federal PM2.5 New Source        12/05/14      12/29/14
                                                          Review Program.
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    On December 29, 2014, CARB submitted an amended rule, SCAQMD Rule
1325: Federal PM2.5 New Source Review Program to EPA for approval as a
revision to the SCAQMD portion of the California SIP.
    On January 30, 2015, CARB's December 29, 2014 submittal of Rule
1325 was deemed to meet the completeness criteria in 40 CFR part 51,
appendix V, which must be met before formal EPA review. The submittal
includes evidence of public notice and adoption of the regulation. Our
technical support document (TSD) provides additional background
information on our evaluation of Rule 1325.

B. What is the purpose of the submitted rule?

    SCAQMD Rule 1325 addresses Nonattainment New Source Review (NNSR)
permit requirements for major sources of PM2.5. The NNSR
requirements under part D of the CAA apply to ``major stationary
sources'' and ``major modifications'' as those terms are defined in 40
CFR part 51.165(a)(1)(iv) and (v). The purpose of this proposed
rulemaking is to present our evaluation under the CAA and EPA's
regulations. We provide our reasoning in general terms below but
provide a more detailed analysis in our TSD, which is available in the
docket for this proposed rulemaking.

II. EPA's Evaluation

A. What is the background for today's proposal?

    Part D of title I of the Act contains the requirements for areas
designated ``nonattainment'' for any of the national ambient air
quality standards (NAAQS). Part D requires pre-construction permit
programs for certain new or modified stationary sources located in
nonattainment areas. 42 U.S.C. 7502(c)(5).
    On July 18, 1997, EPA established 24-hour and annual NAAQS for
PM2.5 (62 FR 38652). On January 5, 2005 (70 FR 944), EPA
designated portions of the South Coast Air Basin as nonattainment for
the 1997 24-hour and annual PM2.5 standards (40 CFR 81.305).
On December 9, 2014, EPA proposed to find that the South Coast Air
Basin had attained the 1997 24-hour and annual PM2.5 NAAQS
(79 FR 72999).
    EPA has revised the NAAQS for PM2.5 on two occasions
since the 1997 promulgation. On October 17, 2006, the 24-hour
PM2.5 primary standard was strengthened (71 FR 61144) and on
January 15, 2013, the annual primary standard for PM2.5 was
strengthened (78 FR 3086). On November 13, 2009, EPA designated the
South Coast Air Basin as nonattainment for the 2006 24-hour
PM2.5 standard (74 FR 58688). On February 13, 2013, SCAQMD
submitted

a plan to provide for attainment of the 2006 24-hour PM2.5
standard in the South Coast Air Basin.
    Following promulgation of the PM2.5 standards, EPA
issued two guidance documents pertaining to the regulation of
PM2.5 emissions. The first document issued in 1997 (Seitz
Memo) stated that sources were allowed to use implementation of a
PM10 permit program as a surrogate for meeting
PM2.5 PSD requirements until certain technical difficulties
were resolved, primarily the lack of necessary tools to calculate the
emissions of PM2.5 and related precursors, the lack of
adequate modeling techniques to project ambient impacts, and the lack
of PM2.5 monitoring sites.\1\ The second document (Page
Memo) was issued in 2005 on the same date that the 1997
PM2.5 designations became effective and provided guidance on
the implementation of the NNSR provisions in PM2.5
nonattainment areas for an interim period between the effective date of
the designations (April 5, 2005) and the promulgation date of final
NNSR regulations.\2\ As reflected in the Page Memo, States were allowed
to use their existing PM10 NNSR program as a surrogate to
address the requirements of a NNSR program for PM2.5.
Therefore, districts such as the SCAQMD, which have a SIP approved NNSR
program for PM10, were not required to submit a NNSR rule
for emissions of PM2.5 at that time.
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    \1\ United Stated Environmental Protection Agency Memorandum
from John S. Seitz, Director, Office of Air Quality Planning &
Standards, Director to Regional Air Division Directors, ``Interim
Implementation of New Source Review Requirements for
PM2.5,'' October 23, 1997.
    \2\ United States Environmental Protection Agency Memorandum
from Stephen D. Page, Director to Regional Air Division Directors,
``Implementation of New Source Review Requirements in PM2.5
Nonattainment Areas,'' April 5, 2005.
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    On May 16, 2008, EPA published its final rule pertaining to
PM2.5 implementation requirements entitled ``Implementation
of New Source Review (NSR) Program for Particulate Matter Less Than 2.5
Micrometers (PM2.5)'' (the 2008 NSR PM2.5
Rule),\3\ which promulgated NSR requirements for implementation of
PM2.5 in both nonattainment areas (NNSR) and attainment/
unclassifiable areas (PSD). With respect to NNSR, this 2008 final rule
established the major source threshold, significant emissions rate,
offset ratios for PM2.5, interpollutant offset trading
requirements, and applicability of NNSR to PM2.5 precursors.
Promulgation of the 2008 PM2.5 NNSR Rule ended application
of the PM10 surrogacy policy under the Page Memo for NNSR
permitting. Because it takes time for a local permitting agency to
revise its rules to include all of the new NNSR program requirements,
EPA's regulations provide in 40 CFR 52.24(k) that the Emission Offset
Interpretative Ruling, contained in 40 CFR part 51, Appendix S shall
govern applications for permits to construct and operate during the
period between the date of designation as nonattainment and the date a
NNSR permitting program meeting the requirements of part D of the CAA
is approved into the SIP.\4\ The 2008 NSR PM2.5 Rule
therefore codified revisions to Appendix S for states that lacked a
NNSR program covering PM2.5. Therefore, new and modified
major sources of PM2.5 emissions locating in SCAQMD are
subject to the provisions of Appendix S until our final approval of
Rule 1325, which SCAQMD adopted to implement the requirements of EPA's
2008 PM2.5 NSR implementation rule. Once approved into the
SIP, Rule 1325 will replace the current Appendix S PM2.5 New
Source Review requirements.
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    \3\ 73 FR 28321 (May 16, 2008).
    \4\ 73 FR at 28321.
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    On January 4, 2013, the U.S. Court of Appeals for the District of
Columbia Circuit, in Natural Resources Defense Council v. EPA,\5\
issued a decision that remanded the EPA's 2007 and 2008 rules
implementing the 1997 PM2.5 NAAQS. The court found that EPA
erred in implementing the PM2.5 NAAQS in these rules solely
pursuant to the general implementation provisions of subpart 1 of part
D of title I of the CAA, rather than pursuant to the additional
implementation provisions specific to particulate matter nonattainment
areas in subpart 4. The court ordered the EPA to ``repromulgate these
rules pursuant to Subpart 4 consistent with this opinion.'' 706 F.3d
428, 437. On June 2, 2014, EPA finalized a rule that provides a
response, in part, to the NRDC v. EPA remand.\6\ The rule initially
classifies all nonattainment areas as moderate and sets a deadline of
December 31, 2014, for states to submit ``remaining required SIP
submissions for [nonattainment] areas, pursuant to and considering the
application of subpart 4''. Under subpart 4, the only additional
requirement for a NNSR program is to ensure all control requirements
applicable to PM2.5 major sources also apply to
PM2.5 precursors, except where the Administrator determines
that such sources do not contribute significantly to PM2.5
levels which exceed the standard in the area. (CAA section 189(e))
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    \5\ 706 F.3d 428 (D.C. Cir. 2013).
    \6\ Identification of Nonattainment Classification and Deadlines
for Submission of State Implementation Plan (SIP) Provisions for the
1997 Fine Particle (PM2.5) National Ambient Air Quality
Standard (NAAQS) and 2006 PM2.5 NAAQS; 79 FR 31566, June
2, 2014.
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    The SCAQMD's current NNSR program for emissions of pollutants other
than PM2.5 regulates new and modified stationary sources of
emissions through a series of rules in its Regulation XIII. The rules
contained in Regulation XIII prescribe pre-construction review
requirements for new and modified facilities, to ensure that the
facility operations do not interfere with progress towards attaining
ambient air quality standards. With the adoption of Rule 1325, SCAQMD
provides a rule intended to specifically regulate PM2.5
emissions in accordance with requirements of 40 CFR 51.165 and the CAA.

B. How is EPA evaluating the rule?

    EPA reviewed Rule 1325: Federal PM2.5 New Source Review
Program for compliance with: (1) The CAA requirements for SIPs in
general as set forth in CAA section 110(a)(2); (2) the requirements
related to SIP revisions in CAA sections 110(l) \7\ and 193; (3) the
requirements for stationary source preconstruction permitting programs
in CAA section 173(a) through (c) of subpart 1 and section 189 of
subpart 4; (4) requirements related to the review and modification of
major sources in 40 CFR part 51.165.
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    \7\ CAA section 110(l) requires SIP revisions to be subject to
reasonable notice and public hearing prior to adoption and submittal
by States to EPA and prohibits EPA from approving any SIP revision
that would interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement of the CAA.
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C. Does the rule meet the evaluation criteria?

    With respect to procedural requirements, CAA sections 110(a)(2) and
110(l) require that revisions to a SIP be adopted by the State after
reasonable notice and public hearing. EPA has promulgated specific
procedural requirements for SIP revisions in 40 CFR part 51, subpart V.
These requirements include publication of notices, by prominent
advertisement in the relevant geographic area, a public hearing or
notice of an opportunity for a public hearing on the proposed
revisions, and a public comment period of at least 30 days.
    Based on our review of the public process documentation included in
the December 29, 2014 submittal, we find that SCAQMD has provided
sufficient evidence of public notice and opportunity for comment and a
public

hearing prior to adoption and submittal of these rules to EPA.
    For Section 193 of the Act, which was added by the Clean Air Act
Amendments of 1990, that provision includes a savings clause providing
in pertinent part: ``No control requirement in effect, or required to
be adopted by an order, settlement agreement, or plan in effect before
November 15, 1990, in any area which is a nonattainment area for any
air pollutant may be modified after November 15, 1990, in any manner
unless the modification insures equivalent or greater emission
reductions of such air pollutant.'' Since PM2.5 is a new
NAAQS, there are no existing PM2.5 control requirements that
would be subject to the provisions of Section 193 of the CAA.
Therefore, for the purposes of our analysis of Rule 1325, we find that
Section 193 of the CAA does not apply to this action.
    Rule 1325 includes revisions to SCAQMD's NNSR program consistent
with CAA sections 173 and 189, and 40 CFR 51.165. Specifically, Rule
1325 includes the PM2.5 emission rates that define major
source and major modification thresholds, regulation of direct
PM2.5 and certain PM2.5 precursors
(SO2 and NOX), and the emissions offset
requirements.
    CAA subpart 4 includes section 189(e), which requires the control
of major stationary sources of PM10 precursors (and hence
under the court decision, PM2.5 precursors) ``except where
the Administrator determines that such sources do not contribute
significantly to PM10 levels which exceed the standard in
the area.'' Rule 1325(b)(8) provides a definition of Precursors that
only includes SO2 and NOX and excludes VOC and
ammonia emissions as precursors to PM2.5. The SCAQMD
regulates VOC emissions pursuant to Regulation XIII, requiring federal
Lowest Achievable Emission Rate (LAER) controls and offsets at emission
thresholds significantly lower than required for a PM2.5
precursor. Therefore we are proposing to find that Regulation XIII
already satisfies the section 189(e) requirement for VOC and it is not
necessary to include VOC as a precursor in Rule 1325. The SCAQMD
requires LAER but not offsets for ammonia emissions in Regulations
XIII. However, as allowed by CAA section 189(e), the SCAQMD has
provided additional information in its staff report and other documents
in our docket demonstrating major stationary sources of ammonia
emissions do not contribute significantly to PM2.5 levels
that exceed the standard in the South Coast Air Basin. Please refer to
our TSD for a detailed discussion of this issue.
    With respect to substantive requirements found in CAA sections 173
and 189, and 40 CFR 51.165, we have evaluated SCAQMD Rule 1325 in
accordance with the CAA and regulatory requirements that apply to NNSR
permit programs under part D of title I of the Act. We find that Rule
1325 satisfies the applicable requirements for a NNSR permit program
and would strengthen the applicable SIP. We are therefore proposing a
full approval of the submitted rule. Our TSD, which can be found in the
docket for this rule, contains a more detailed evaluation and
discussion of the approval criteria.

III. Proposed Action and Public Comment

    Pursuant to section 110(k)(3) of the CAA and for the reasons
provided above, EPA is proposing to approve SCAQMD Rule 1325. For the
reasons stated above and explained further in our TSD, we find that
SCAQMD Rule 1325 satisfies the applicable CAA and regulatory
requirements for a NNSR permit program under CAA section 110(a)(2)(C)
and part D of title I of the Act. Rule 1325 strengthens the SIP by
adding PM2.5 permit major source requirements.
    We will accept comments from the public on this proposed approval
for the next 30 days.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference SCAQMD Rule 1325--Federal PM2.5 New Source Review
Program which is discussed in section I.A. of this preamble. The EPA
has made, and will continue to make, this document 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).

V. 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 Order
12866 (58 FR 51735, October 4, 1993);
     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 (Public Law 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 interfere with Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) because EPA lacks the discretionary authority to
address environmental justice in this rulemaking.
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate Matter, Reporting
and recordkeeping requirements.

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

    Dated: February 5, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2015-03058 Filed 2-13-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 57 (Tuesday, March 25, 2014)]
[Notices]
[Page 16323]
[FR Doc No: 2014-06417]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: PR14-31-000
    Applicants: MDU Resources Group, Inc.
    Description: Tariff filing per 284.123(b)(1), : Baseline Statement
of Operating Conditions to be effective 3/7/2014; TOFC: 1330
    Filed Date: 3/7/14
    Accession Number: 20140307-5103
    Comments Due: 5 p.m. ET 3/28/14
    284.123(g) Protests Due: 5 p.m. ET 5/6/14

    Docket Numbers: RP14-620-000
    Applicants: Tallgrass Interstate Gas Transmission, L
    Description: Petition for Limited Waiver of Tariff Provisions of
Tallgrass Interstate Gas Transmission, LLC.
    Filed Date: 3/13/14
    Accession Number: 20140313-5184
    Comments Due: 5 p.m. ET 3/25/14

    Docket Numbers: RP14-621-000
    Applicants: Horizon Pipeline Company, L.L.C.
    Description: Penalty Revenue Crediting Report of Horizon Pipeline
Company, L.L.C.
    Filed Date: 3/13/14
    Accession Number: 20140313-5185
    Comments Due: 5 p.m. ET 3/25/14

    Docket Numbers: RP14-622-000
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 03/14/14 Negotiated Rates--JP Morgan Ventures Energy
Corp (HUB) 6025-89 to be effective 3/13/2014
    Filed Date: 3/14/14
    Accession Number: 20140314-5042
    Comments Due: 5 p.m. ET 3/26/14

    Docket Numbers: RP14-623-000
    Applicants: Transcontinental Gas Pipe Line Company,
    Description: Transcontinental Gas Pipe Line Company, LLC submits a
Petition for Limited Waiver of the application of the No-Conduit Rule
    Filed Date: 3/14/14
    Accession Number: 20140314-5079
    Comments Due: 5 p.m. ET 3/26/14

    Docket Numbers: RP14-624-000
    Applicants: Columbia Gas Transmission, LLC
    Description: Negotiated Rate & Non-Conforming Service Agreement--
VEPCO to be effective 4/15/2014
    Filed Date: 3/14/14
    Accession Number: 20140314-5084
    Comments Due: 5 p.m. ET 3/26/14

    Docket Numbers: RP14-625-000
    Applicants: Transcontinental Gas Pipe Line Company,
    Description: Abandonment of Rate Schedule X-275 to be effective 11/
1/2013
    Filed Date: 3/14/14
    Accession Number: 20140314-5106
    Comments Due: 5 p.m. ET 3/26/14

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). Protests may be considered,
but intervention is necessary to become a party to the proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP13-459-000
    Applicants: Trailblazer Pipeline Company LLC
    Description: 2013 Penalty Revenue Crediting Report
    Filed Date: 3/14/14
    Accession Number: 20140314-5076
    Comments Due: 5 p.m. ET 3/26/14

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

    Dated: March 18, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-06417 Filed 3-24-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 21, 2010 (Volume 75, Number 98)]
[Rules and Regulations]
[Page 28485-28488]
[DOCID:fr21my10-9]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0034; Directorate Identifier 2009-NM-120-AD;
Amendment 39-16307; AD 2010-11-02]
RIN 2120-AA64

Airworthiness Directives; Gulfstream Aerospace LP (Type
Certificate Previously Held by Israel Aircraft Industries, Ltd.) Model
Gulfstream 100 Airplanes, and Model Astra SPX and 1125 Westwind Astra
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD)
for the products listed above. This AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:
* * * * *

    Incomplete closure of the MED [main entry door] may be followed
by in-flight opening of the door. As a result, the MED and the
adjacent fuselage structure may be damaged during opening and
landing impact. Damage to the left engine by flying debris and
objects may also occur.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective June 25, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 25,
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mike Borfitz, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2677; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on February 8, 2010 (75
FR 6157), and proposed to supersede AD 2007-03-05, Amendment 39-14916
(72 FR 4414, January 31, 2007). That NPRM proposed to correct an unsafe
condition for the specified products. The MCAI states:

    To increase pilots' awareness to the possibility of incomplete
closure of the Main Entry Door (MED) by the following means:
    1. Splitting the common caution light CABIN DOOR signaling both
MED Improper Closure and MED Inflatable Seal Failure into two
separate lights: CABIN DOOR and CABIN DOOR SEAL.
    2. Converting the separated CABIN DOOR Caution light into a
Warning light by changing its color to red.
    Note: Aircraft Flight Manuals (AFM'S) refer to these changes as
MOD G1-20052.
    Incomplete closure of the MED may be followed by in-flight
opening of the door. As a result, the MED and the adjacent fuselage
structure may be damaged during opening and landing impact. Damage
to the left engine by flying debris and objects may also occur.

Required actions include modifying the warning and caution lights panel
(WACLP), changing the WACLP and MED wiring, changing the wiring harness
connecting the MED to the WACLP, and ensuring the Log of Modification
of the AFM includes reference to MOD G1-20052. You may obtain further
information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Explanation of Change to Applicability

    We have revised the applicability of the existing AD to identify
model designations as published in the most recent type certificate
data sheet for the affected models.

Conclusion

    We reviewed the available data 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.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a Note within the AD.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used
in the Costs of Compliance from $80 per work-hour to $85 per work-hour.
The Costs of Compliance information, below, reflects

this increase in the specified hourly labor rate.

Costs of Compliance

    Based on the service information, we estimate that this AD will
affect about 120 products of U.S. registry.
    The actions that are required by AD 2007-03-05 and retained in this
AD take about 1 work-hour per product, at an average labor rate of $85
per work hour. Based on these figures, the estimated cost of the
currently required actions is $85 per product.
    We estimate that it will take about 60 additional work-hours per
product to comply with the new basic requirements of this AD. Required
parts will cost about $600 per product. The average labor rate is $85
per work-hour. Where the service information lists required parts costs
that are covered under warranty, we have assumed that there will be no
charge for these costs. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of the AD on U.S.
operators to be $684,000, or $5,700 per product.

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 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); and
    3. 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.

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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 removing Amendment 39-14916 (72 FR
4414, January 31, 2007) and adding the following new AD:

2010-11-02 Gulfstream Aerospace LP (Type Certificate Previously Held
by Israel Aircraft Industries, Ltd.): Amendment 39-16307. Docket No.
FAA-2010-0034; Directorate Identifier 2009-NM-120-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 25,
2010.

Affected ADs

    (b) This AD supersedes AD 2007-03-05, Amendment 39-14916.

Applicability

    (c) This AD applies to Gulfstream Aerospace LP (Type Certificate
previously held by Israel Aircraft Industries, Ltd.) Model
Gulfstream 100 airplanes; and Model Astra SPX and 1125 Westwind
Astra airplanes; certificated in any category; all serial numbers.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    To increase pilots' awareness to the possibility of incomplete
closure of the Main Entry Door (MED) by the following means:
    1. Splitting the common caution light CABIN DOOR signaling both
MED Improper Closure and MED Inflatable Seal Failure into two
separate lights: CABIN DOOR and CABIN DOOR SEAL.
    2. Converting the separated CABIN DOOR Caution light into a
Warning light by changing its color to red.

    Note: Aircraft Flight Manuals (AFMs) refer to these changes as
MOD G1-20052.

    Incomplete closure of the MED may be followed by in-flight
opening of the door. As a result, the MED and the adjacent fuselage
structure may be damaged during opening and landing impact. Damage
to the left engine by flying debris and objects may also occur.

Required actions include modifying the warning and caution lights
panel (WACLP), changing the WACLP and MED wiring, changing the
wiring harness connecting the MED to the WACLP, and ensuring the Log
of Modification of the AFM includes reference to MOD G1-20052.

Restatement of Requirements of AD 2007-03-05, With No Changes

    (f) Unless already done, do the following actions. Within 10
days after February 15, 2007 (the effective date of AD 2007-03-05),
amend Section IV, Normal Procedures, of the following Gulfstream
airplane flight manuals (AFMs): Model 1125 Astra, 25W-1001-1; Model
Astra SPX, SPX-1001-1; and Model G100, G100-1001-1; as applicable;
to include the following statement. Insertion of copies of this AD
at the appropriate places of the AFMs is acceptable.
    ``1. BEFORE ENGINE START:
    (PRE and POST Mod 20052/Gulfstream Service Bulletin 100-31-284):
    CABIN DOOR--CLOSED (Physically verify door latch handle pin is
fully engaged in the handle lock)
    2. BEFORE TAXIING:
    Change the CABIN DOOR procedure as follows (POST Mod 20052/
Gulfstream Service Bulletin 100-31-284):
    Check CABIN DOOR light--OUT
    3. BEFORE TAKE-OFF:
    Insert between the POSITION lights switch and the THRUST LEVERS
procedures:
    (PRE Mod 20052/Gulfstream Service Bulletin 100-31-284):
    Check CABIN DOOR light--OUT (50% N1 may be required)
    (POST Mod 20052/Gulfstream Service Bulletin 100-31-284):
    Check CABIN DOOR light--OUT
    CABIN DOOR SEAL light--OUT (50% N1 may be required)''

    Note 1: Mod 20052 is equivalent to Gulfstream Service Bulletin
100-31-284, dated August 17, 2006.

    Note 2: This AD may be accomplished by a holder of a Private
Pilot's License.

NEW REQUIREMENTS OF THIS AD:

Actions and Compliance

    (g) Unless already done, for all airplanes except airplane
serial number 158, do the following actions.
    (1) Within 250 flight hours after the effective date of this AD:
Modify the WACLP in accordance with the Accomplishment Instructions
of the applicable service bulletin identified in Table 1 of this AD.

                Table 1--Modification Service Information
------------------------------------------------------------------------
       Honeywell Service  Bulletin--                   Dated--
------------------------------------------------------------------------
80-0548-31-0001...........................  April 1, 2006.
80-0548-31-0002...........................  March 1, 2006.
80-5090-31-0001...........................  March 1, 2006.
------------------------------------------------------------------------

    (2) Within 250 flight hours after the effective date of this AD:
Change the WACLP and MED wiring in accordance with the
Accomplishment Instructions of Gulfstream Service Bulletin 100-31-
284, dated August 17, 2006.
    (3) Within 250 flight hours after the effective date of this AD:
Change the wiring harness connecting the MED to the WACLP in
accordance with the Accomplishment Instructions of Gulfstream
Service Bulletin 100-31-284, dated August 17, 2006.
    (4) Within 250 flight hours after the effective date of this AD:
Verify that the Log of Modification of the relevant airplane flight
manual (AFM) includes reference to MOD G1-20052, and, if no
reference is found, revise the Log of Modification of the AFM to
include reference to the modification.
    (5) Doing the modifications specified in paragraphs (g)(1),
(g)(2), (g)(3), and (g)(4) of this AD terminates the requirements of
paragraph (f) of this AD, and after the modifications have been
done, the AFM limitation required by paragraph (f) of this AD may be
removed from the AFM.

FAA AD Differences

    Note 3:  This AD differs from the MCAI and/or service
information as follows: Paragraph (g)(5) of this AD mandates a
terminating action. However, Israeli Airworthiness Directive 31-06-
11-05, dated May 27, 2009, does not explicitly mandate a terminating
action. This difference has been coordinated with the Civil Aviation
Authority of Israel.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to Attn: Mike
Borfitz, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards 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) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI Israeli Airworthiness Directive 31-06-11-05,
dated May 27, 2009, and the applicable service information
identified in Table 2 of this AD for related information.

                      Table 2--Service Information
------------------------------------------------------------------------
          Service information                         Date
------------------------------------------------------------------------
Gulfstream Service Bulletin 100-31-284  August 17, 2006.
Honeywell Service Bulletin 80-0548-31-  April 1, 2006.
 0001.
Honeywell Service Bulletin 80-0548-31-  March 1, 2006.
 0002.
Honeywell Service Bulletin 80-5090-31-  March 1, 2006.
 0001.
------------------------------------------------------------------------

Material Incorporated by Reference

    (j) You must use the service information contained in Table 3 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of the service information contained in
Table 3 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.

               Table 3--Material Incorporated by Reference
------------------------------------------------------------------------
          Service information                         Date
------------------------------------------------------------------------
Gulfstream Service Bulletin 100-31-284  August 17, 2006.
Honeywell Service Bulletin 80-0548-31-  April 1, 2006.
 0001.
Honeywell Service Bulletin 80-0548-31-  March 1, 2006.
 0002.
Honeywell Service Bulletin 80-5090-31-  March 1, 2006.
 0001.
------------------------------------------------------------------------

    (2) For Gulfstream service information identified in this AD,
contact Gulfstream Aerospace Corporation, P.O. Box 2206, Mail
Station D-25, Savannah, Georgia 31402-2206; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet http://
www.gulfstream.com/product_support/technical_pubs/pubs/index.htm.
For Honeywell service information identified in this AD, contact
Honeywell Aerospace, Technical Publications and Distribution, M/S
2101-201, P.O. Box 52170, Phoenix, Arizona 85072-2170; telephone
602-365-5535; fax<PHONE_NUMBER>; Internet http://www.honeywell.com.
    (3) 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>.
    (4) 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 NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/

code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on May 7, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-11760 Filed 5-20-10; 8:45 am]
BILLING CODE 4910-13-P