[Federal Register Volume 79, Number 162 (Thursday, August 21, 2014)]
[Notices]
[Pages 49510-49511]
[FR Doc No: 2014-19860]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER14-2630-000]

Regulus Solar, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Regulus Solar, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is September 4, 2014.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email

<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: August 15, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-19860 Filed 8-20-14; 8:45 am]
BILLING CODE 6717-01-P


(i) Sign and date each copy of the manifest;
    (ii) Note any discrepancies (as defined in Sec.  264.72(a)) on each
copy of the manifest;
    (iii) Immediately give the transporter at least one copy of the
manifest;
    (iv) Within 30 days of delivery, send a copy (Page 2) of the
manifest to the generator;
    (v) Paper manifest submission requirements are:
    (A) Options for compliance on June 30, 2018. Beginning on June 30,
2018, send the top copy (Page 1) of any paper manifest and any paper
continuation sheet to the e-Manifest system for purposes of data entry
and processing, or in lieu of submitting the paper copy to EPA, the
owner or operator may transmit to the EPA system an image file of Page
1 of the manifest and any continuation sheet, or both a data file and
image file corresponding to Page 1 of the manifest and any continuation
sheet, within 30 days of the date of delivery. Submissions of copies to
the e-Manifest system shall be made at the mailing address or
electronic mail/submission address specified at the e-Manifest program
website's directory of services. Beginning on June 30, 2021, EPA will
not accept mailed paper manifests from facilities for processing in e-
Manifest.
    (B) Options for compliance on June 30, 2021. Beginning on June 30,
2021, the requirement to submit the top copy (Page 1) of the paper
manifest and any paper continuation sheet to the e-Manifest system for
purposes of data entry and processing may be met by the owner or
operator only by transmitting to the EPA system an image file of Page 1
of the manifest and any continuation sheet, or by transmitting to the
EPA system both a data file and the image file corresponding to Page 1
of the manifest and any continuation sheet, within 30 days of the date
of delivery. Submissions of copies to the e-Manifest system shall be
made to the electronic mail/submission address specified at the e-
Manifest program website's directory of services; and
    (vi) Retain at the facility a copy of each manifest for at least
three years from the date of delivery.
* * * * *
    (j) Imposition of user fee for manifest submissions. (1) As
prescribed in Sec.  264.1311, and determined in Sec.  264.1312, an
owner or operator who is a user of the electronic manifest system shall
be assessed a user fee by EPA for the submission and processing of each
electronic and paper manifest. EPA shall update the schedule of user
fees and publish them to the user community, as provided in Sec.
264.1313.

    (2) An owner or operator subject to user fees under this section
shall make user fee payments in accordance with the requirements of
Sec.  264.1314, subject to the informal fee dispute resolution process
of Sec.  264.1316, and subject to the sanctions for delinquent payments
under Sec.  264.1315.
* * * * *
    (l) Post-receipt manifest data corrections. After facilities have
certified to the receipt of hazardous wastes by signing Item 20 of the
manifest, any post-receipt data corrections may be submitted at any
time by any interested person (e.g., waste handler) shown on the
manifest.
    (1) Interested persons must make all corrections to manifest data
by electronic submission, either by directly entering corrected data to
the web based service provided in e-Manifest for such corrections, or
by an upload of a data file containing data corrections relating to one
or more previously submitted manifests.
    (2) Each correction submission must include the following
information:
    (i) The Manifest Tracking Number and date of receipt by the
facility of the original manifest(s) for which data are being
corrected;
    (ii) The item number(s) of the original manifest that is the
subject of the submitted correction(s); and
    (iii) For each item number with corrected data, the data previously
entered and the corresponding data as corrected by the correction
submission.
    (3) Each correction submission shall include a statement that the
person submitting the corrections certifies that to the best of his or
her knowledge or belief, the corrections that are included in the
submission will cause the information reported about the previously
received hazardous wastes to be true, accurate, and complete:
    (i) The certification statement must be executed with a valid
electronic signature; and
    (ii) A batch upload of data corrections may be submitted under one
certification statement.
    (4) Upon receipt by the system of any correction submission, other
interested persons shown on the manifest will be provided electronic
notice of the submitter's corrections.
    (5) Other interested persons shown on the manifest may respond to
the submitter's corrections with comments to the submitter, or by
submitting another correction to the system, certified by the
respondent as specified in paragraph (l)(3) of this section, and with
notice of the corrections to other interested persons shown on the
manifest.

0
13. Section 264.1086 is amended by revising paragraphs (c)(4)(i) and
(d)(4)(i) to read as follows:

Sec.  264.1086   Standards: Containers.

* * * * *
    (c) * * *
    (4) * * *
    (i) In the case when a hazardous waste already is in the container
at the time the owner or operator first accepts possession of the
container at the facility and the container is not emptied within 24
hours after the container is accepted at the facility (i.e., does not
meet the conditions for an empty container as specified in 40 CFR
261.7(b)), the owner or operator shall visually inspect the container
and its cover and closure devices to check for visible cracks, holes,
gaps, or other open spaces into the interior of the container when the
cover and closure devices are secured in the closed position. The
container visual inspection shall be conducted on or before the date
that the container is accepted at the facility (i.e., the date the
container becomes subject to the subpart CC container standards). For
purposes of this requirement, the date of acceptance is the date of
signature that the facility owner or operator enters on Item 20 of the
Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as
required under subpart E of this part, at 40 CFR 264.71. If a defect is
detected, the owner or operator shall repair the defect in accordance
with the requirements of paragraph (c)(4)(iii) of this section.
* * * * *
    (d) * * *
    (4) * * *
    (i) In the case when a hazardous waste already is in the container
at the time the owner or operator first accepts possession of the
container at the facility and the container is not emptied within 24
hours after the container is accepted at the facility (i.e., does not
meet the conditions for an empty container as specified in 40 CFR
261.7(b)), the owner or operator shall visually inspect the container
and its cover and closure devices to check for visible cracks, holes,
gaps, or other open spaces into the interior of the container when the
cover and closure devices are secured in the closed position. The
container visual inspection shall be conducted on or before the date
that the container is accepted at the facility (i.e., the date the
container becomes subject to the subpart CC container standards). For
purposes of this requirement, the date of acceptance is the date of
signature that the facility owner or operator enters on Item 20 of the
Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as
required under subpart E of this part, at 40 CFR 264.71. If a defect is
detected, the owner or operator shall repair the defect in accordance
with the requirements of paragraph (d)(4)(iii) of this section.
* * * * *

0
14. Subpart FF, consisting of Sec. Sec.  264.1300 through 264.1316, is
added to part 264 to read as follows:
Subpart FF--Fees for the Electronic Hazardous Waste Manifest Program
Sec.
264.1300 Applicability.
264.1310 Definitions applicable to this subpart.
264.1311 Manifest transactions subject to fees.
264.1312 User fee calculation methodology.
264.1313 User fee revisions.
264.1314 How to make user fee payments.
264.1315 Sanctions for delinquent payments.
264.1316 Informal fee dispute resolution.

Subpart FF--Fees for the Electronic Hazardous Waste Manifest
Program

Sec.  264.1300  Applicability.

    (a) This subpart prescribes:
    (1) The methodology by which EPA will determine the user fees which
owners or operators of facilities must pay for activities and manifest
related services provided by EPA through the development and operation
of the electronic hazardous waste manifest system (e-Manifest system);
and
    (2) The process by which EPA will revise e-Manifest system fees and
provide notice of the fee schedule revisions to owners or operators of
facilities.
    (b) The fees determined under this subpart apply to owners or
operators of facilities whose activities receiving, rejecting, or
managing federally- or state-regulated hazardous wastes or other
materials bring them within the definition of ``user of the electronic
manifest system'' under Sec.  260.10 of this chapter.

Sec.  264.1310  Definitions applicable to this subpart.

    The following definitions apply to this subpart:
    Consumer price index means the consumer price index for all U.S.
cities using the ``U.S. city average'' area, ``all items'' and ``not
seasonally adjusted'' numbers calculated by the Bureau of Labor
Statistics in the Department of Labor.
    Cross Media Electronic Reporting Rule (CROMERR) costs are the sub-
category of operations and maintenance costs that are expended by EPA
in

implementing electronic signature, user registration, identity
proofing, and copy of record solutions that meet EPA's electronic
reporting regulations as set forth in the CROMERR as codified at 40 CFR
part 3.
    Electronic manifest submissions means manifests that are initiated
electronically using the electronic format supported by the e-Manifest
system, and that are signed electronically and submitted electronically
to the e-Manifest system by facility owners or operators to indicate
the receipt or rejection of the wastes identified on the electronic
manifest. Electronic manifest submissions include the hybrid or mixed
paper/electronic manifests authorized under Sec.  262.24(c)(1).
    EPA program costs mean the Agency's intramural and non-information
technology extramural costs expended in the design, development and
operations of the e-Manifest system, as well as in regulatory
development activities supporting e-Manifest, in conducting its capital
planning, project management, oversight and outreach activities related
to e-Manifest, in conducting economic analyses supporting e-Manifest,
and in establishing the System Advisory Board to advise EPA on the
system. Depending on the date on which EPA program costs are incurred,
these costs may be further classified as either system setup costs or
operations and maintenance costs.
    Help desk costs mean the costs incurred by EPA or its contractors
to operate the e-Manifest Help Desk, which EPA will establish to
provide e-Manifest system users with technical assistance and related
support activities.
    Indirect costs mean costs not captured as marginal costs, system
setup costs, or operations and maintenance costs, but that are
necessary to capture because of their enabling and supporting nature,
and to ensure full cost recovery. Indirect costs include, but are not
limited to, such cost items as physical overhead, maintenance,
utilities, and rents on land, buildings, or equipment. Indirect costs
also include the EPA costs incurred from the participation of EPA
offices and upper management personnel outside of the lead program
office responsible for implementing the e-Manifest program.
    Manifest submission type means the type of manifest submitted to
the e-Manifest system for processing, and includes electronic manifest
submissions and paper manifest submissions.
    Marginal labor costs mean the human labor costs incurred by staff
operating the paper manifest processing center in conducting data key
entry, QA, scanning, copying, and other manual or clerical functions
necessary to process the data from paper manifest submissions into the
e-Manifest system's data repository.
    Operations and maintenance costs mean all system related costs
incurred by EPA or its contractors after the activation of the e-
Manifest system. Operations and maintenance costs include the costs of
operating the electronic manifest information technology system and
data repository, CROMERR costs, help desk costs, EPA program costs
incurred after e-Manifest system activation, and the costs of operating
the paper manifest processing center, other than the paper processing
center's marginal labor costs.
    Paper manifest submissions mean submissions to the paper processing
center of the e-Manifest system by facility owners or operators, of the
data from the designated facility copy of a paper manifest, EPA Form
8700-22, or a paper Continuation Sheet, EPA Form 8700-22A. Such
submissions may be made by mailing the paper manifests or continuation
sheets, by submitting image files from paper manifests or continuation
sheets in accordance with Sec.  264.1311(b), or by submitting both an
image file and data file in accordance with the procedures of Sec.
264.1311(c).
    System setup costs mean all system related costs, intramural or
extramural, incurred by EPA prior to the activation of the e-Manifest
system. Components of system setup costs include the procurement costs
from procuring the development and testing of the e-Manifest system,
and the EPA program costs incurred prior to e-Manifest system
activation.

Sec.  264.1311  Manifest transactions subject to fees.

    (a) Per manifest fee. Fees shall be assessed on a per manifest
basis for the following manifest submission transactions:
    (1) The submission of each electronic manifest that is
electronically signed and submitted to the e-Manifest system by the
owners or operators of receiving facilities, with the fee assessed at
the applicable rate for electronic manifest submissions;
    (2) The submission of each paper manifest submission to the paper
processing center signed by owners or operators of receiving
facilities, with the fee assessed according to whether the manifest is
submitted to the system by mail, by the upload of an image file, or by
the upload of a data file representation of the paper manifest; and
    (3) The submission of copies of return shipment manifests by
facilities that are rejecting hazardous wastes and returning hazardous
wastes under return manifests to the original generator. This fee is
assessed for the processing of the return shipment manifest(s), and is
assessed at the applicable rate determined by the method of submission.
The submission shall also include a copy of the original signed
manifest showing the rejection of the wastes.
    (b) Image file uploads from paper manifests. Receiving facilities
may submit image file uploads of completed, ink-signed manifests in
lieu of submitting mailed paper forms to the e-Manifest system. Such
image file upload submissions may be made for individual manifests
received by a facility or as a batch upload of image files from
multiple paper manifests received at the facility:
    (1) The image file upload must be made in an image file format
approved by EPA and supported by the e-Manifest system; and
    (2) At the time of submission of an image file upload, a
responsible representative of the receiving facility must make a
CROMERR compliant certification that to the representative's knowledge
or belief, the submitted image files are accurate and complete
representations of the facility's received manifests, and that the
facility acknowledges that it is obligated to pay the applicable per
manifest fee for each manifest included in the submission.
    (c) Data file uploads from paper manifests. Receiving facilities
may submit data file representations of completed, ink-signed manifests
in lieu of submitting mailed paper forms or image files to the e-
Manifest system. Such data file submissions from paper manifests may be
made for individual manifests received by a facility or as a batch
upload of data files from multiple paper manifests received at the
facility.
    (1) The data file upload must be made in a data file format
approved by EPA and supported by the e-Manifest system;
    (2) The receiving facility must also submit an image file of each
manifest that is included in the individual or batch data file upload;
and
    (3) At the time of submission of the data file upload, a
responsible representative of the receiving facility must make a
CROMERR compliant certification that to the representative's knowledge
or belief, the data and images submitted are accurate and complete
representations of the facility's received manifests, and that the
facility acknowledges that it is obligated to pay

the applicable per manifest fee for each manifest included in the
submission.

Sec.  264.1312  User fee calculation methodology.

    (a) The fee calculation formula or methodology that EPA will use
initially to determine per manifest fees is as follows:
[GRAPHIC] [TIFF OMITTED] TR03JA18.000

    Where Feei represents the per manifest fee for each
manifest submission type ``i'' and Nt refers to the total number of
manifests completed in a year.
    (b)(1) If after four years of system operations, electronic
manifest usage does not equal or exceed 75% of total manifest usage,
EPA may transition to the following formula or methodology to determine
per manifest fees:
[GRAPHIC] [TIFF OMITTED] TR03JA18.001

    Where Ni refers to the total number of one of the four manifest
submission types ``i'' completed in a year and O&Mi Cost refers to the
differential O&M Cost for each manifest submission type ``i.''
    (2) At the completion of four years of system operations, EPA shall
publish a notice:
    (i) Stating the date upon which the fee formula set forth in
paragraph (b)(1) of this section shall become effective; or
    (ii) Stating that the fee formula in paragraph (b)(1) of this
section shall not go into effect under this section, and that the
circumstances of electronic manifest adoption and the appropriate fee
response shall be referred to the System Advisory Board for the Board's
advice.

Sec.  264.1313   User fee revisions.

    (a) Revision schedule. (1) EPA will revise the fee schedules for e-
Manifest submissions and related activities at two-year intervals, by
utilizing the applicable fee calculation formula prescribed in Sec.
264.1312 and the most recent program cost and manifest usage numbers.
    (2) The fee schedules will be published to users through the e-
Manifest program website by July 1 of each odd numbered calendar year,
and will cover the two fiscal years beginning on October 1 of that year
and ending on September 30 of the next odd numbered calendar year.
    (b) Inflation adjuster. The second year of each two-year fee
schedule shall be adjusted for inflation by using the following
adjustment formula:

FeeiYear2 = FeeiYear1 x (CPIYear2-2/
CPIYear2-1)

Where:

FeeiYear2 is the Fee for each type of manifest submission
``i'' in Year 2 of the fee cycle;
FeeiYear1 is the Fee for each type of manifest submission
``i'' in Year 1 of the fee cycle; and
CPIYear2-2/CPIYear2-1 is the ratio of the CPI
published for the year two years prior to Year 2 to the CPI for the
year one year prior to Year 2 of the cycle.

    (c) Revenue recovery adjusters. The fee schedules published at two-
year intervals under this section shall include an adjustment to
recapture revenue lost in the previous two-year fee cycle on account of
imprecise estimates of manifest usage. This adjustment shall be
calculated using the following adjustment formula to calculate a
revenue recapture amount which will be added to O&M Costs in the fee
calculation formula of Sec.  264.1312:

Revenue Recapturei = (NiYear1 +
NiYear2)Actual - (NiYear1 +
NiYear2)Est x Feei(Ave)

Where:

Revenue Recapturei is the amount of fee revenue recaptured for each
type of manifest submission ``i;''

(NiYear1 + NiYear2)Actual -
(NiYear1 + NiYear2)Est is the
difference between actual manifest numbers submitted to the system
for each manifest type during the previous 2-year cycle, and the
numbers estimated when we developed the previous cycle's fee
schedule; and
Feei(Ave) is the average fee charged per manifest type
over the previous two-year cycle.

Sec.  264.1314   How to make user fee payments.

    (a) All fees required by this subpart shall be paid by the owners
or operators of the receiving facility in response to an electronic
invoice or bill identifying manifest-related services provided to the
user during the previous month and identifying the fees owed for the
enumerated services.
    (b) All fees required by this subpart shall be paid to EPA by the
facility electronically in U.S. dollars, using one of the electronic
payment methods supported by the Department of the Treasury's Pay.gov
online electronic payment service, or any applicable additional online
electronic payment service offered by the Department of Treasury.
    (c) All fees for which payments are owed in response to an
electronic invoice or bill must be paid within 30 days of the date of
the invoice or bill.

Sec.  264.1315  Sanctions for delinquent payments.

    (a) Interest. In accordance with 31 U.S.C. 3717(a)(1), delinquent
e-Manifest user fee accounts shall be charged a minimum annual rate of
interest equal to the average investment rate for Treasury tax and loan
accounts (Current Value of Funds Rate or CVFR) for the 12-month period
ending September 30th of each year, rounded to the nearest whole
percent.
    (1) E-Manifest user fee accounts are delinquent if the accounts
remain unpaid after the due date specified in the invoice or other
notice of the fee amount owed.
    (2) Due dates for invoiced or electronically billed fee amounts
shall be 30 days from the date of the electronic invoice or bill.
    (b) Financial penalty. In accordance with 31 U.S.C. 3717(e), e-
Manifest user fee accounts that are more than 90 days past due (i.e.,
not paid by date 120 days from date of invoice) shall be charged an
additional penalty of 6% per year assessed on any part of the debt that
is past due for more than 90 days, plus any applicable handling
charges.
    (c) Compliance with manifest perfection requirement. A manifest is
fully perfected when:
    (1) The manifest has been submitted by the owner or operator of a
receiving facility to the e-Manifest system, as either an electronic
submission or a paper manifest submission; and
    (2) All user fees arising from the submission of the manifest have
been fully paid.

Sec.  264.1316   Informal fee dispute resolution.

    (a) Users of e-Manifest services that believe their invoice or
charges to be in error must present their claims for fee dispute
resolution informally using the process described in this section.
    (b) Users asserting a billing dispute claim must first contact the
system's billing representatives by phone or email at the phone number
or email address provided for this purpose on the e-Manifest program's
website or other customer services directory.
    (1) The fee dispute claimant must provide the system's billing
representatives with information identifying the claimant and the
invoice(s) that are affected by the dispute, including:
    (i) The claimant's name, and the facility at which the claimant is
employed;
    (ii) The EPA Identification Number of the affected facility;
    (iii) The date, invoice number, or other information to identify
the particular invoice(s) that is the subject of the dispute; and
    (iv) A phone number or email address where the claimant can be
contacted.
    (2) The fee dispute claimant must provide the system's billing
representatives with sufficient supporting information to identify the
nature and amount of the fee dispute, including:
    (i) If the alleged error results from the types of manifests
submitted being inaccurately described in the invoice, the correct
description of the manifest types that should have been billed;
    (ii) If the alleged error results from the number of manifests
submitted being inaccurately described in the invoice, the correct
description of the number of manifests that should have been billed;
    (iii) If the alleged error results from a mathematical error made
in calculating the amount of the invoice, the correct fee calculations
showing the corrected fee amounts; and
    (iv) Any other information from the claimant that explains why the
invoiced amount is in error and what the fee amount invoiced should be
if corrected.
    (3) EPA's system billing representatives must respond to billing
dispute claims made under this section within ten days of receipt of a
claim. In response to a claim, the system's billing representative
will:
    (i) State whether the claim is accepted or rejected, and if
accepted, the response will indicate the amount of any fee adjustment
that will be refunded or credited to the facility; and
    (ii) If a claim is rejected, then the response shall provide a
brief statement of the reasons for the rejection of the claim and
advise the claimant of their right to appeal the claim to the Office
Director for the Office of Resource Conservation and Recovery.
    (c) Fee dispute claimants that are not satisfied by the response to
their claim from the system's billing representatives may appeal their
claim and initial decision to the Office Director for the Office of
Resource Conservation and Recovery.
    (1) Any appeal from the initial decision of the system's billing
representatives must be taken within 10 days of the initial decision of
the system's billing representatives under paragraph (b) of this
section.
    (2) The claimant shall provide the Office Director with the claim
materials submitted to the system's billing representatives, the
response provided by the system's billing representatives to the claim,
and a brief written statement by the claimant explaining the nature and
amount of the billing error, explaining why the claimant believes the
decision by the system's billing representatives is in error, and why
the claimant is entitled to the relief requested on its appeal.
    (3) The Office Director shall review the record presented to him or
her on an appeal under this paragraph (c), and shall determine whether
the claimant is entitled to relief from the invoice alleged to be in
error, and if so, shall state the amount of the recalculated invoice
and the amount of the invoice to be adjusted.
    (4) The decision of the Office Director on any appeal brought under
this section is final and non-reviewable.

PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

0
15. The authority citation for part 265 is revised to read as follows:

    Authority:  42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925,
6935, 6936, 6937, and 6939g.

Subpart E--Manifest System, Recordkeeping, and Reporting

0
16. Section 265.71 is amended by revising paragraphs (a)(2) and (j) and
adding paragraph (l) to read as follows:

Sec.  265.71  Use of manifest system.

    (a) * * *

    (2) If the facility receives a hazardous waste shipment accompanied
by a manifest, the owner, operator, or his agent must:
    (i) Sign and date, by hand, each copy of the manifest;
    (ii) Note any discrepancies (as defined in Sec.  265.72(a)) on each
copy of the manifest;
    (iii) Immediately give the transporter at least one copy of the
manifest;
    (iv) Within 30 days of delivery, send a copy (Page 2) of the
manifest to the generator;
    (v) Paper manifest submission requirements are:
    (A) Options for compliance on June 30, 2018. Beginning on June 30,
2018, send the top copy (Page 1) of any paper manifest and any paper
continuation sheet to the e-Manifest system for purposes of data entry
and processing, or in lieu of submitting the paper copy to EPA, the
owner or operator may transmit to the EPA system an image file of Page
1 of the manifest and any continuation sheet, or both a data file and
image file corresponding to Page 1 of the manifest and any continuation
sheet, within 30 days of the date of delivery. Submissions of copies to
the e-Manifest system shall be made at the mailing address or
electronic mail/submission address specified at the e-Manifest program
website's directory of services. Beginning on June 30, 2021, EPA will
not accept mailed paper manifests from facilities for processing in e-
Manifest.
    (B) Options for compliance on June 30, 2021. Beginning on June 30,
2021, the requirement to submit the top copy (Page1) of the paper
manifest and any paper continuation sheet to the e-Manifest system for
purposes of data entry and processing may be met by the owner or
operator only by transmitting to the EPA system an image file of Page 1
of the manifest and any continuation sheet, or by transmitting to the
EPA system both a data file and the image file corresponding to Page 1
of the manifest and any continuation sheet, within 30 days of the date
of delivery. Submissions of copies to the e-Manifest system shall be
made to the electronic mail/submission address specified at the e-
Manifest program website's directory of services; and (vi) Retain at
the facility a copy of each manifest for at least three years from the
date of delivery.
* * * * *
    (j) Imposition of user fee for electronic manifest use. (1) As
prescribed in Sec.  265.1311, and determined in Sec.  265.1312, an
owner or operator who is a user of the electronic manifest system shall
be assessed a user fee by EPA for the submission and processing of each
electronic and paper manifest. EPA shall update the schedule of user
fees and publish them to the user community, as provided in Sec.
265.1313.
    (2) An owner or operator subject to user fees under this section
shall make user fee payments in accordance with the requirements of
Sec.  265.1314, subject to the informal fee dispute resolution process
of Sec.  265.1316, and subject to the sanctions for delinquent payments
under Sec.  265.1315.
* * * * *
    (l) Post-receipt manifest data corrections. After facilities have
certified to the receipt of hazardous wastes by signing Item 20 of the
manifest, any post-receipt data corrections may be submitted at any
time by any interested person (e.g., waste handler) shown on the
manifest.
    (1) Interested persons must make all corrections to manifest data
by electronic submission, either by directly entering corrected data to
the web based service provided in e-Manifest for such corrections, or
by an upload of a data file containing data corrections relating to one
or more previously submitted manifests.
    (2) Each correction submission must include the following
information:
    (i) The Manifest Tracking Number and date of receipt by the
facility of the original manifest(s) for which data are being
corrected;
    (ii) The Item Number(s) of the original manifest that is the
subject of the submitted correction(s); and
    (iii) For each Item Number with corrected data, the data previously
entered and the corresponding data as corrected by the correction
submission.
    (3) Each correction submission shall include a statement that the
person submitting the corrections certifies that to the best of his or
her knowledge or belief, the corrections that are included in the
submission will cause the information reported about the previously
received hazardous wastes to be true, accurate, and complete.
    (i) The certification statement must be executed with a valid
electronic signature; and
    (ii) A batch upload of data corrections may be submitted under one
certification statement.
    (4) Upon receipt by the system of any correction submission, other
interested persons shown on the manifest will be provided electronic
notice of the submitter's corrections.
    (5) Other interested persons shown on the manifest may respond to
the submitter's corrections with comments to the submitter, or by
submitting another correction to the system, certified by the
respondent as as specified in paragraph (l)(3) of this section, and
with notice of the corrections to other interested persons shown on the
manifest.

0
17. Section 265.1087 is amended by revising paragraphs (c)(4)(i) and
(d)(4)(i) to read as follows:

Sec.  265.1087   Standards: Containers.

    (c) * * *
    (4) * * *
    (i) In the case when a hazardous waste already is in the container
at the time the owner or operator first accepts possession of the
container at the facility and the container is not emptied within 24
hours after the container is accepted at the facility (i.e., does not
meet the conditions for an empty container as specified in 40 CFR
261.7(b)), the owner or operator shall visually inspect the container
and its cover and closure devices to check for visible cracks, holes,
gaps, or other open spaces into the interior of the container when the
cover and closure devices are secured in the closed position. The
container visual inspection shall be conducted on or before the date
that the container is accepted at the facility (i.e., the date the
container becomes subject to the subpart CC container standards). For
purposes of this requirement, the date of acceptance is the date of
signature that the facility owner or operator enters on Item 20 of the
Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as
required under subpart E of this part, at 40 CFR 265.71. If a defect is
detected, the owner or operator shall repair the defect in accordance
with the requirements of paragraph (c)(4)(iii) of this section.
* * * * *
    (d) * * *
    (4) * * *
    (i) In the case when a hazardous waste already is in the container
at the time the owner or operator first accepts possession of the
container at the facility and the container is not emptied within 24
hours after the container is accepted at the facility (i.e., does not
meet the conditions for an empty container as specified in 40 CFR
261.7(b)), the owner or operator shall visually inspect the container
and its cover and closure devices to check for visible cracks, holes,
gaps, or other open spaces into the interior of the container when the
cover and closure devices are secured in the closed position. The
container visual inspection shall be conducted on or before the date
that the

container is accepted at the facility (i.e., the date the container
becomes subject to the subpart CC container standards). For purposes of
this requirement, the date of acceptance is the date of signature that
the facility owner or operator enters on Item 20 of the Uniform
Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as required
under subpart E of this part, at Sec.  265.71. If a defect is detected,
the owner or operator shall repair the defect in accordance with the
requirements of paragraph (d)(4)(iii) of this section.
* * * * *

0
18. Subpart FF, consisting of Sec. Sec.  265.1310 through 265.1316, is
added to part 265 to read as follows:
Subpart FF--Fees for the Electronic Hazardous Waste Manifest Program
Sec.
265.1300 Applicability.
265.1310 Definitions applicable to this subpart.
265.1311 Manifest transactions subject to fees.
265.1312 User fee calculation methodology.
265.1313 User fee revisions.
265.1314 How to make user fee payments.
265.1315 Sanctions for delinquent payments.
265.1316 Informal fee dispute resolution.

Subpart FF--Fees for the Electronic Hazardous Waste Manifest
Program

Sec.  265.1300  Applicability.

    (a) This subpart prescribes:
    (1) The methodology by which EPA will determine the user fees which
owners or operators of facilities must pay for activities and manifest
related services provided by EPA through the development and operation
of the electronic hazardous waste manifest system (e-Manifest system);
and
    (2) The process by which EPA will revise e-Manifest system fees and
provide notice of the fee schedule revisions to owners or operators of
facilities.
    (b) The fees determined under this subpart apply to owners or
operators of facilities whose activities receiving, rejecting, or
managing federally- or state-regulated wastes or other materials bring
them within the definition of ``user of the electronic manifest
system'' under Sec.  260.10 of this chapter.

Sec.  265.1310  Definitions applicable to this subpart.

    The following definitions apply to this subpart:
    Consumer price index means the consumer price index for all U.S.
cities using the ``U.S. city average'' area, ``all items'' and ``not
seasonally adjusted'' numbers calculated by the Bureau of Labor
Statistics in the Department of Labor.
    CROMERR costs are the sub-category of operations and maintenance
costs that are expended by EPA in implementing electronic signature,
user registration, identity proofing, and copy of record solutions that
meet EPA's electronic reporting regulations as set forth in the Cross
Media Electronic Reporting Rule (CROMERR) as codified at 40 CFR part 3.
    Electronic manifest submissions means manifests that are initiated
electronically using the electronic format supported by the e-Manifest
system, and that are signed electronically and submitted electronically
to the e-Manifest system by facility owners or operators to indicate
the receipt or rejection of the wastes identified on the electronic
manifest. Electronic manifest submissions include the hybrid or mixed
paper/electronic manifests authorized under Sec.  262.24(c)(1) of this
chapter.
    EPA program costs mean the Agency's intramural and non-information
technology extramural costs expended in the design, development and
operations of the e-Manifest system, as well as in regulatory
development activities supporting e-Manifest, in conducting its capital
planning, project management, oversight and outreach activities related
to e-Manifest, in conducting economic analyses supporting e-Manifest,
and in establishing the System Advisory Board to advise EPA on the
system. Depending on the date on which EPA program costs are incurred,
these costs may be further classified as either system setup costs or
operations and maintenance costs.
    Help desk costs mean the costs incurred by EPA or its contractors
to operate the e-Manifest Help Desk, which EPA will establish to
provide e-Manifest system users with technical assistance and related
support activities.
    Indirect costs mean costs not captured as marginal costs, system
setup costs, or operations and maintenance costs, but that are
necessary to capture because of their enabling and supporting nature,
and to ensure full cost recovery. Indirect costs include, but are not
limited to, such cost items as physical overhead, maintenance,
utilities, and rents on land, buildings, or equipment. Indirect costs
also include the EPA costs incurred from the participation of EPA
offices and upper management personnel outside of the lead program
office responsible for implementing the e-Manifest program.
    Manifest submission type means the type of manifest submitted to
the e-Manifest system for processing, and includes electronic manifest
submissions and paper manifest submissions.
    Marginal labor costs mean the human labor costs incurred by staff
operating the paper manifest processing center in conducting data key
entry, QA, scanning, copying, and other manual or clerical functions
necessary to process the data from paper manifest submissions into the
e-Manifest system's data repository.
    Operations and maintenance costs mean all system related costs
incurred by EPA or its contractors after the activation of the e-
Manifest system. Operations and maintenance costs include the costs of
operating the electronic manifest information technology system and
data repository, CROMERR costs, help desk costs, EPA program costs
incurred after e-Manifest system activation, and the costs of operating
the paper manifest processing center, other than the paper processing
center's marginal labor costs.
    Paper manifest submissions mean submissions to the paper processing
center of the e-Manifest system by facility owners or operators, of the
data from the designated facility copy of a paper manifest, EPA Form
8700-22, or a paper Continuation Sheet, EPA Form 8700-22A. Such
submissions may be made by mailing the paper manifests or continuation
sheets, by submitting image files from paper manifests or continuation
sheets in accordance with Sec.  265.1311(b), or by submitting both an
image file and data file in accordance with the procedures of Sec.
265.1311(c).
    System setup costs mean all system related costs, intramural or
extramural, incurred by EPA prior to the activation of the e-Manifest
system. Components of system setup costs include the procurement costs
from procuring the development and testing of the e-Manifest system,
and the EPA program costs incurred prior to e-Manifest system
activation.

Sec.  265.1311  Manifest transactions subject to fees.

    (a) Per manifest fee. Fees shall be assessed on a per manifest
basis for the following manifest submission transactions:
    (1) The submission of each electronic manifest that is
electronically signed and submitted to the e-Manifest system by the
owners or operators of receiving facilities, with the fee assessed at
the applicable rate for electronic manifest submissions;
    (2) The submission of each paper manifest submission to the paper
processing center signed by owners or

operators of receiving facilities, with the fee assessed according to
whether the manifest is submitted to the system by mail, by the upload
of an image file, or by the upload of a data file representation of the
paper manifest; and
    (3) The submission of copies of return shipment manifests by
facilities that are rejecting hazardous wastes and returning hazardous
wastes under return manifests to the original generator. This fee is
assessed for the processing of the return shipment manifest(s), and is
assessed at the applicable rate determined by the method of submission.
The submission shall also include a copy of the original signed
manifest showing the rejection of the wastes.
    (b) Image file uploads from paper manifests. Receiving facilities
may submit image file uploads of completed, ink-signed manifests in
lieu of submitting mailed paper forms to the e-Manifest system. Such
image file upload submissions may be made for individual manifests
received by a facility or as a batch upload of image files from
multiple paper manifests received at the facility.
    (1) The image file upload must be made in an image file format
approved by EPA and supported by the e-Manifest system; and
    (2) At the time of submission of an image file upload, a
responsible representative of the receiving facility must make a
CROMERR compliant certification that to the representative's knowledge
or belief, the submitted image files are accurate and complete
representations of the facility's received manifests, and that the
facility acknowledges that it is obligated to pay the applicable per
manifest fee for each manifest included in the submission.
    (c) Data file uploads from paper manifests. Receiving facilities
may submit data file representations of completed, ink-signed manifests
in lieu of submitting mailed paper forms or image files to the e-
Manifest system. Such data file submissions from paper manifests may be
made for individual manifests received by a facility or as a batch
upload of data files from multiple paper manifests received at the
facility.
    (1) The data file upload must be made in a data file format
approved by EPA and supported by the e-Manifest system;
    (2) The receiving facility must also submit an image file of each
manifest that is included in the individual or batch data file upload;
and
    (3) At the time of submission of the data file upload, a
responsible representative of the receiving facility must make a
CROMERR compliant certification that to the representative's knowledge
or belief, the data and images submitted are accurate and complete
representations of the facility's received manifests, and that the
facility acknowledges that it is obligated to pay the applicable per
manifest fee for each manifest included in the submission.

Sec.  265.1312  User fee calculation methodology.

    (a) The fee calculation formula or methodology that EPA will use
initially to determine per manifest fees is as follows:
[GRAPHIC] [TIFF OMITTED] TR03JA18.002

    Where Feei represents the per manifest fee for each
manifest submission type ``i'' and Nt refers to the total
number of manifests completed in a year.
    (b)(1) If after four years of system operations, electronic
manifest usage does not equal or exceed 75% of total manifest usage,
EPA may transition to the following formula or methodology to determine
per manifest fees:
[GRAPHIC] [TIFF OMITTED] TR03JA18.003

    Where Ni refers to the total number of one of the four
manifest submission types ``i'' completed in a year and O&Mi
Cost refers to the differential O&M Cost for each manifest submission
type ``i.''
    (2) At the completion of four years of system operations, EPA shall
publish a notice:
    (i) Stating the date upon which the fee formula set forth in
paragraph (b)(1) of this section shall become effective; or
    (ii) Stating that the fee formula in paragraph (b)(1) of this
section shall not go into effect under this section, and that the
circumstances of electronic manifest adoption and the appropriate fee
response shall be referred to the System Advisory Board for the Board's
advice.

Sec.  265.1313  User fee revisions.

    (a) Revision schedule. (1) EPA will revise the fee schedules for e-
Manifest submissions and related activities at two-year intervals, by
utilizing the applicable fee calculation formula prescribed in Sec.
265.1312 and the most recent program cost and manifest usage numbers.
    (2) The fee schedules will be published to users through the e-
Manifest program website by July 1 of each odd numbered calendar year,
and will cover the next two fiscal years beginning on October 1 of that
year and ending on September 30 of the next odd numbered year.
    (b) Inflation adjuster. The second year of each two-year fee
schedule shall be adjusted for inflation by using the following
adjustment formula:

FeeiYear 2 = FeeiYear1 x (CPIYear2-2/
CPIYear2-1)

Where:

FeeiYear2 is the Fee for each type of manifest submission
``i'' in Year 2 of the fee cycle;
FeeiYear1 is the Fee for each type of manifest submission
``i'' in Year 1 of the fee cycle; and
CPIYear2-2/CPIYear2-1 is the ratio of the CPI
published for the year two years prior to Year 2 to the CPI for the
year one year prior to Year 2 of the cycle.

    (c) Revenue recovery adjusters. The fee schedules published at two-
year intervals under this section shall include an adjustment to
recapture revenue lost in the previous two-year fee cycle on account of
imprecise estimates of manifest usage. This adjustment shall be
calculated using the following adjustment formula to calculate a
revenue recapture amount which will be added to O&M Costs in the fee
calculation formula of Sec.  265.1312:

Revenue Recapturei = [(NiYear1 +
NiYear2)Actual - (NiYear1 +
NiYear2)Est] x Feei(Ave)

Where:

Revenue Recapturei is the amount of fee revenue
recaptured for each type of manifest submission ``i;''
(NiYear1 + NiYear2)Actual -
(NiYear1 + NiYear2)Est is the
difference between actual manifest numbers submitted to the system
for each manifest type during the previous 2-year cycle, and the
numbers estimated when we developed the previous cycle's fee
schedule; and
Feei(Ave) is the average fee charged per manifest type
over the previous two-year cycle.

Sec.  265.1314  How to make user fee payments.

    (a) All fees required by this subpart shall be paid by the owners
or operators of the receiving facility in response to an electronic
invoice or bill identifying manifest-related services provided to the
user during the previous month and identifying the fees owed for the
enumerated services.
    (b) All fees required by this subpart shall be paid to EPA by the
facility electronically in U.S. dollars, using one of the electronic
payment methods supported by the Department of the Treasury's Pay.gov
online electronic payment service, or any applicable additional online
electronic payment service offered by the Department of Treasury.
    (c) All fees for which payments are owed in response to an
electronic invoice or bill must be paid within 30 days of the date of
the invoice or bill.

Sec.  265.1315  Sanctions for delinquent payments.

    (a) Interest. In accordance with 31 U.S.C. 3717(a)(1), delinquent
e-Manifest user fee accounts shall be charged a minimum annual rate of
interest equal to the average investment rate for Treasury tax and loan
accounts (Current Value of Funds Rate or CVFR) for the 12-month period
ending September 30th of each year, rounded to the nearest whole
percent.
    (1) E-Manifest user fee accounts are delinquent if the accounts
remain unpaid after the due date specified in the invoice or other
notice of the fee amount owed.
    (2) Due dates for invoiced or electronically billed fee amounts
shall be 30 days from the date of the electronic invoice or bill.
    (b) Financial penalty. In accordance with 31 U.S.C. 3717(e), e-
Manifest user fee accounts that are more than 90 days past due (i.e.,
not paid by date 120 days from date of invoice) shall be charged an
additional penalty of 6% per year assessed on any part of the debt that
is past due for more than 90 days, plus any applicable processing and
handling charges.
    (c) Compliance with manifest perfection requirement. A manifest is
fully perfected when:
    (1) The manifest has been submitted by the owner or operator of a
receiving facility to the e-Manifest system, as either an electronic
submission or a paper manifest submission; and
    (2) All user fees arising from the submission of the manifest have
been fully paid.

Sec.  265.1316  Informal fee dispute resolution.

    (a) Users of e-Manifest services that believe their invoice or
charges to be in error must present their claims for fee dispute
resolution informally using the process described in this section.
    (b) Users asserting a billing dispute claim must first contact the
system's billing representatives by phone or email at the phone number
or email address provided for this purpose on the e-Manifest program's
website or other customer services directory.
    (1) The fee dispute claimant must provide the system's billing
representatives with information identifying the claimant and the
invoice(s) that are affected by the dispute, including:
    (i) The claimant's name, and the facility at which the claimant is
employed;
    (ii) The EPA Identification Number of the affected facility;
    (iii) The date, invoice number, or other information to identify
the particular invoice(s) that is the subject of the dispute; and
    (iv) A phone number or email address where the claimant can be
contacted.
    (2) The fee dispute claimant must provide the system's billing
representatives with sufficient supporting information to identify the
nature and amount of the fee dispute, including:
    (i) If the alleged error results from the types of manifests
submitted being inaccurately described in the invoice, the correct
description of the manifest types that should have been billed;
    (ii) If the alleged error results from the number of manifests
submitted being inaccurately described in the invoice, the correct
description of the number of manifests that should have been billed;
    (iii) If the alleged error results from a mathematical error made
in calculating the amount of the invoice, the correct fee calculations
showing the corrected fee amounts; and
    (iv) Any other information from the claimant that explains why the
invoiced amount is in error and what the fee amount invoiced should be
if corrected.
    (3) EPA's system billing representatives must respond to billing

dispute claims made under this section within ten days of receipt of a
claim. In response to a claim, the system's billing representative
will:
    (i) State whether the claim is accepted or rejected, and if
accepted, the response will indicate the amount of any fee adjustment
that will be refunded or credited to the facility; and
    (ii) If a claim is rejected, then the response shall provide a
brief statement of the reasons for the rejection of the claim and
advise the claimant of their right to appeal the claim to the Office
Director for the Office of Resource Conservation and Recovery.
    (c) Fee dispute claimants that are not satisfied by the response to
their claim from the system's billing representatives may appeal their
claim and initial decision to the Office Director for the Office of
Resource Conservation and Recovery.
    (1) Any appeal from the initial decision of the system's billing
representatives must be taken within 10 days of the initial decision of
the system's billing representatives under paragraph (b) of this
section.
    (2) The claimant shall provide the Office Director with the claim
materials submitted to the system's billing representatives, the
response provided by the system's billing representatives to the claim,
and a brief written statement by the claimant explaining the nature and
amount of the billing error, explaining why the claimant believes the
decision by the system's billing representatives is in error, and why
the claimant is entitled to the relief requested on its appeal.
    (3) The Office Director shall review the record presented to him or
her on an appeal under this paragraph (c), and shall determine whether
the claimant is entitled to relief from the invoice alleged to be in
error, and if so, shall state the amount of the recalculated invoice
and the amount of the invoice to be adjusted.
    (4) The decision of the Office Director on any appeal brought under
this section is final and non-reviewable.

PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS

0
19. The authority section for part 271 is revised to read as follows:

    Authority:  42 U.S.C. 6905, 6912(a), 6926, and 6939g.

0
20. Section 271.3 is amended by revising paragraph (b)(4) to read as
follows:

Sec.  271.3   Availability of final authorization.

* * * * *
    (b) * * *
    (4) Any requirement imposed under the authority of the Hazardous
Waste Electronic Manifest Establishment Act:
    (i) Shall take effect in each State having a finally authorized
State program on the same date as such requirement takes effect in
other States;
    (ii) Shall supersede any less stringent or inconsistent provision
of a State program; and
    (iii) Shall be carried out by the Administrator in an authorized
state except where, pursuant to section 3006(b) of RCRA, the State has
received final authorization to carry out the requirement in lieu of
the Administrator.
* * * * *

0
21. Section 271.10 is amended by revising paragraph (h) introductory
text to read as follows:

Sec.  271.10   Requirements for generators of hazardous wastes.

* * * * *
    (h) The state must follow the federal manifest format for the paper
manifest forms (EPA Forms 8700-22 and 8700-22A) and their instructions
and must follow the federal electronic manifest format and instructions
as obtained from the Electronic Manifest System described in Sec.
260.10 of this chapter.
* * * * *

0
22. Section 271.12 is amended by revising paragraph (i) and adding
paragraph (k) to read as follows:

Sec.  271.12   Requirements for hazardous waste management facilities.

* * * * *
    (i) Compliance with the manifest system including the requirement
that facility owners or operators return a signed copy of the manifest:
    (1) To the generator to certify delivery of the hazardous waste
shipment or to identify discrepancies;
    (2) To the EPA's e-Manifest system, in lieu of submitting a signed
facility copy directly to either the origination state or the
destination state; and
    (3) After listing the relevant consent number from consent
documentation supplied by EPA to the facility for each waste listed on
the manifest, matched to the relevant list number for the waste from
Item 9b, to EPA using the allowable methods listed in 40 CFR
262.84(b)(1) until the facility can submit such a copy to the e-
Manifest system per 40 CFR 264.71(a)(2)(v) and 265.71(a)(2)(v).
* * * * *
    (k) Requirements for owners or operators of facilities to pay user
fees to EPA to recover EPA's costs related to the development and
operation of an electronic hazardous waste manifest system, in the
amounts specified by the user fee methodology included in subpart FF of
40 CFR parts 264 and 265, for all paper and electronic manifests
submitted to the e-Manifest system.

[FR Doc. 2017-27788 Filed 1-2-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Rules and Regulations]
[Pages 5246-5249]
[FR Doc No: 2023-01730]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0024; Project Identifier AD-2022-01492-A;
Amendment 39-22311; AD 2023-02-04]
RIN 2120-AA64

Airworthiness Directives; Mooney International Corporation
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Mooney International Corporation Model M20C, M20D, M20E, M20F,
and M20G airplanes. This AD was prompted by reports of the hybrid
material elevator balance weight cracking. This AD requires inspecting
to determine whether a certain elevator balance weight is installed. If
installed, this AD requires inspecting each affected elevator balance
weight for corrosion and cracking, and depending on the findings,
either replacing each affected elevator balance weight with a non-
hybrid (lead) elevator balance weight or repetitively inspecting each
affected elevator balance weight. This AD also prohibits the
installation of an affected elevator balance weight on any airplane.
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective February 13, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 13,
2023.
    The FAA must receive comments on this AD by March 13, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov by
searching for and locating Docket No. FAA-2023-0024; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The street address for Docket
Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this final rule,
contact Mooney International Corporation, 165 Al Mooney Road North,
Kerrville, TX 78028; phone:<PHONE_NUMBER>; email: mooney.com">[email protected]mooney.com;
website: mooney.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov by searching for and locating Docket No. FAA-2023-0024.

FOR FURTHER INFORMATION CONTACT: Bang Nguyen, Aviation Safety Engineer,
Compliance & Airworthiness Division, FAA, 10101 Hillwood Parkway, Fort
Worth, TX 76177; phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-0024 and Project Identifier
AD-2022-01492-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Bang
Nguyen, Aviation Safety Engineer, Compliance & Airworthiness Division,
FAA, 10101 Hillwood Parkway, Fort Worth, TX 76177. Any commentary that
the FAA receives which is not specifically designated as CBI will be
placed in the public docket for this rulemaking.

Background

    The FAA has received reports of corrosion and cracks found on
elevator balance weights on Mooney International Corporation Model M20F
airplanes. The affected airplanes are equipped with smooth skin
elevators, part number (P/N) 430000-503 and P/N 430000-504, with hybrid
material elevator balance weight P/N 430018-1 installed. The hybrid
elevator balance weight P/N 430018-1 is similar in size and shape (but
not in weight) to the elevator balance weight P/N 430016-7. It is
possible the hybrid elevator balance weight P/N 430018-1 has also been
installed on Model M20C, M20D, M20E, and M20G airplanes. The hybrid
elevator balance weights were found to have developed galvanic
corrosion and visible signs of cracking, which caused them to become
severely displaced.
    This condition, if not addressed, could result in partial or total
separation of the elevator balance weight during flight, which could
lead to elevator flutter and consequent loss of control of the
airplane. The FAA is issuing this AD to address the unsafe condition on
these products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Mooney International Corporation Service Bulletin
M20-345A, dated December 13, 2022. This service information specifies
procedures for inspecting to determine whether a hybrid elevator
balance weight P/N 430018-1 is installed, inspecting each hybrid
elevator balance weight P/N 430018-01 for chipping or cracking, and
depending on the inspection results, either repetitively inspecting
each hybrid elevator balance weight or replacing with a non-hybrid
(lead) elevator balance weight P/N 430016-7. 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 ADDRESSES.

AD Requirements

    This AD requires accomplishing the actions specified in the service
information already described and prohibits the installation of an
affected elevator balance weight on any airplane.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because corrosion on the elevator balance weight could lead to cracks
that, if not addressed, could result in elevator flutter leading to
elevator failure with consequent loss of control of the airplane.
Because undetected corrosion could have developed over time and
therefore the cracks can develop quickly and without warning, the
affected elevator balance weights must be inspected before further
flight. Accordingly, notice and opportunity for prior public comment
are impracticable and contrary to the public interest pursuant to 5
U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 3,098 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
             Action                    Labor cost              Parts cost             product        operators
----------------------------------------------------------------------------------------------------------------
Inspect for existence of P/N      1 work hour x $85    Not Applicable...........             $85        $263,330
 430018-1.                         per hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The FAA estimates the following costs to do any necessary
inspection or replacement that would be required based on the results
of the initial inspection. There were 137 elevator balance weights P/N
430018-1 produced. Therefore, up to 137 airplanes of the 3,098 affected
airplanes could have the affected elevator balance weights installed.
The FAA has no way of knowing if all 137 affected elevator balance
weights are installed.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                      Labor cost                 Parts cost              Cost per product
----------------------------------------------------------------------------------------------------------------
Inspect elevator balance weights P/  6 work-hours x $85 per  Not Applicable..............  $510 per inspection
 N 430018-1 for cracks/corrosion.     hour = $510.                                          cycle.
Replace elevator balance weights P/  10 work-hours x $85     $650........................  $1,500.
 N 430018-1.                          per hour = $850.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

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:

2023-02-04 Mooney International Corporation: Amendment 39-22311;
Docket No. FAA-2023-0024; Project Identifier AD-2022-01492-A.

(a) Effective Date

    This airworthiness directive (AD) is effective February 13,
2023.

(b) Affected ADs

    None.

(c) Applicability

    Mooney International Corporation Model M20C, M20D, M20E, M20F,
and M20G airplanes, all serial numbers up to 680170 inclusive,
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 5520, Elevator
Structure.

(e) Unsafe Condition

    This AD was prompted by reports of the hybrid elevator balance
weight cracking. The FAA is issuing this AD to detect and address
the corrosion and cracking of the hybrid elevator balance weight.
The unsafe condition, if not addressed, could result in partial or
total separation of the elevator balance weight during flight, which
could lead to elevator flutter with consequent loss of control of
the airplane.

(f) Compliance

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

(g) Required Action

    (1) Before further flight after the effective date of this AD,
inspect both elevators to determine if any hybrid elevator balance
weight part number (P/N) 430018-1 is installed in accordance with
STEP 1.1 of the Instructions section in Mooney International
Corporation Service Bulletin M20-345A, dated December 13, 2022. The
repetitive inspection and replacement required by paragraphs (g)(2)
and (3) of this AD are not required if any hybrid elevator balance
weight P/N 430018-1 is not installed.
    (2) If any hybrid elevator balance weight P/N 430018-1 is
installed, before further flight after the effective date of this AD
and thereafter at intervals not to exceed 100 hours time-in-service
or 12 months, whichever occurs first, inspect each hybrid elevator
balance weight P/N 430018-1 for any corrosion and cracks in
accordance with STEP 2 of the Instructions section in Mooney
International Corporation Service Bulletin M20-345A, dated December
13, 2022.
    (3) If any corrosion or cracks are found as a result of any
inspection required in paragraph (g)(2) of this AD, before further
flight, replace the elevator balance weight with a non-hybrid (lead)
elevator balance weight P/N 430016-7 in accordance with STEPS 3.1.1
through 3.1.8 of the Instructions section in Mooney International
Corporation Service Bulletin M20-345A, dated December 13, 2022,
except contacting Mooney Service Parts in STEP 3.1.7 is not required
by this AD. The repetitive inspections required by

paragraph (g)(2) of this AD are no longer required for that elevator
balance weight after this replacement.
    (4) As of the effective date of this AD, do not install hybrid
elevator balance weight P/N 430018-1 on any airplane.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Fort Worth 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 certification office, send it to the attention of the
person identified in paragraph (i) of this AD.
    (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.

(i) Related Information

    For more information about this AD, contact Bang Nguyen,
Aviation Safety Engineer, Compliance & Airworthiness Division, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; phone:<PHONE_NUMBER>;
email: [email protected].

(j) 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) Mooney International Corporation Service Bulletin M20-345A,
dated December 13, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Mooney International Corporation, 165 Al Mooney Road North,
Kerrville, TX 78028; phone:<PHONE_NUMBER>; email:
mooney.com">[email protected]mooney.com; website: mooney.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (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, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 19, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-01730 Filed 1-24-23; 4:15 pm]
BILLING CODE 4910-13-P


Ron Evans/RTP/USEPA/US

04/30/2008 09:01 PM

To

"Lee, Amanda I."<EMAIL_ADDRESS>
cc

Brian Heninger, darryl weatherhead<EMAIL_ADDRESS>"King, Heidi R."
<EMAIL_ADDRESS>Kathy Kaufman/RTP/USEPA/US@epa, Lydia
Wegman<EMAIL_ADDRESS>Tricia Crabtree/RTP/USEPA/US@epa,
<EMAIL_ADDRESS>
Subject

Re: response to chapter 2 comments

Here are my responses to your comments on chapter 2

page 4

Historical studies show that Gaussian dispersion models, such as ASPEN,
typically agree with monitoring data within a factor of 2 most of the
time.  In the case of Pb in the NATA assessment, model estimates at
monitor locations were generally lower than the monitor averages for Pb
[by how much, if possible?],

I will ask Kathy to determine if this is a readily available statistic
which we can include.

page 5

Because of the systematic under-estimation of the dispersion models, the
likely benefits estimates are likely to be [over-estimated?
Under-estimated? No effect? And why]

This discussion is meant to talk about the availability of air quality
data for ambient Pb.   We go on in Chapter 3 to indicate that we do not
use air quality models in this analysis.  We need to clarify here this
fact.  I think this removes the need to directly address your question.
 See the addition in bold to the following piece of chapter 2 where you
raised the question.

"Historical studies show that Gaussian dispersion models, such as ASPEN,
typically agree with monitoring data within a factor of 2 most of the
time.  In the case of Pb in the NATA assessment, model estimates at
monitor locations were generally lower than the monitor averages for Pb
[by how much, if possible?], suggesting that the modeling system (i.e.,
emissions estimates, spatial allocation estimates, dispersion modeling)
may be systematically underestimating ambient concentrations.  This may
be particularly true for Pb as metals tend to deposit rapidly with
distance from the source according to their particle size and weight.
The model-to-monitor analysis is described in detail at
http://www.epa.gov/ttn/atw/nata1999/99compare.html.  The modeling system
underestimation may also be due in part to a lack of accounting for
emissions re-entrainment (these "re-entrained" particles may be observed
by the monitors, but they are not accounted for in the emissions
inventory, and thus would not contribute to the model estimate).  For
more details on the limitations of the 1999 NATA national scale
assessment, see http://www.epa.gov/ttn/atw/nata1999/limitations.html.

For more information on Pb modeling, see section 2.4 of the OAQPS Staff
Paper for the Pb NAAQS.   For reasons discussed in chapter 3 (section
3.1.1), we did not use an air quality model for this analysis."

page 8

Currently, tetraethyl lead (TEL) is still added to aviation gasoline
(avgas) which is used in most piston-engine powered aircraft

OK

page 8

This estimate is based on all leaded avgas used in the U.S. and does not
account for the fact that some lead is emitted in the local area of an
airport facility and some lead is emitted at altitude.  The focus of
this analysis is the lead emitted around [airport facilities? Airport
facilities + altitude?]  EPA’s method for estimating airport-specific
lead inventories is discussed in detail elsewhere.

The estimate is all leaded avgas used in the US.  In the following I
have tried to clarify this.

This estimate is based on all leaded avgas used in the U.S. This
estimate does not take into account for the fact that some lead is
emitted in the local area of an airport facility and some lead is
emitted at altitude.  EPA’s method for estimating airport-specific
lead inventories is discussed in detail elsewhere.

Ron Evans

Leader, Air Benefit & Cost Group

HEID/OAQPS/OAR/EPA

Mail Drop C-439-02

919-541-5488

919-541-0839 fax


[Federal Register: November 2, 2007 (Volume 72, Number 212)]
[Proposed Rules]
[Page 62143-62145]
[DOCID:fr02no07-14]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29317; Directorate Identifier 2007-CE-079-AD]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company Model 172 and
182 Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Cessna Aircraft Company Model 172 and 182 series airplanes that
are equipped with the BRS-172 and BRS-182 Parachute System. This
proposed AD would require the replacement of the pick-up collar support
and nylon screws for the BRS-172 and BRS-182 Parachute System. This
proposed AD results from notification by Ballistic Recovery Systems,
Inc. (BRS) that the pick-up collar assembly may prematurely move off
the launch tube and adversely affect rocket trajectory during
deployment. We are proposing this AD to prevent premature separation of
the collar. This condition could result in the parachute failing to
successfully deploy.

DATES: We must receive comments on this proposed AD by December 3,
2007.

ADDRESSES: Use one of the following addresses to comment on this
proposed AD:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the instructions for submitting comments.

     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.
     Fax:<PHONE_NUMBER>.
     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 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Ballistic Recovery Systems, Inc., 300 Airport Road, South Saint Paul,
MN 55075-3551; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Gregory Michalik, Senior Aerospace
Engineer, FAA, 2300 East Devon Avenue, Des Plaines, Illinois, 60018;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include the docket number, ``FAA-
2007-29317; Directorate Identifier 2007-CE-079-AD'' at the beginning of
your comments. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of the proposed
AD. We will consider all comments received by the closing date and may
amend the proposed AD in light 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 concerning this proposed AD.

Discussion

    We have been notified by Ballistic Recovery Systems, Inc. of a
concern similar to that which prompted AD 2007-14-03, dated August 16,
2007, on the Cirrus Airplane Parachute System (CAPS), where the
parachute failed to successfully deploy. Testing indicates that the
force of the rocket ignition and rocket blast may prematurely break the
nylon pick up collar/support screws. When functioning properly the
screws should not break until impacted by a flange at the rocket base.
A prematurely separated collar/support may bind on the rocket as it
slides down toward the flange at the base of the rocket. This may alter
the direction of the rocket.
    This condition, if not corrected, could result in the parachute
failing to successfully deploy upon activation.

Relevant Service Information

    We have reviewed Ballistic Recovery Systems, Inc. Service Bulletins
SB 07-01, dated June 8, 2007; and SB 07-02, dated June 8, 2007. The
service information describes procedures for the replacement of the
pick-up collar support and screws.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we evaluated all information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This proposed AD
would require the replacement of the pick-up collar support and screws
for the BRS-172 and BRS-182 Parachute System.
    The BRS-172 and BRS-182 Parachute System could also be installed on
Cessna 150 series airplanes and Symphony Aircraft Industries Models
OMF-100-160 and SA 160 airplanes. The corrective actions proposed in
this NPRM are specific to the Cessna 172 and 182 series airplanes. We
are evaluating these other BRS installations and, based on this
evaluation, may consider additional rulemaking on this subject.

Costs of Compliance

    We estimate that this proposed AD would affect 54 airplanes in the
U.S. registry.
    We estimate the following costs to do the proposed modification:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost per   Total cost on
                  Labor cost                               Parts cost                airplane     U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $80 per hour = $80..............  N/A.............................             $80          $4,320
----------------------------------------------------------------------------------------------------------------

    Note: BRS will provide warranty credit to the extent noted in
Ballistic Recovery Systems, Inc. Service Bulletins SB 07-01 and SB
07-02, both dated June 8, 2007.

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 the proposed
regulation:
    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 proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the
regulatory evaluation, any comments received, and other information on
the Internet at http://www.regulations.gov; or in person at the Docket

Management Facility between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Office (telephone<PHONE_NUMBER>)
is located at the street address stated 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, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Cessna Aircraft Company: Docket No. FAA-2007-29317; Directorate
Identifier 2007-CE-079-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive
(AD) action by December 3, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following airplane models, all serial
numbers, certificated in any category, that are equipped with:
    (1) BRS-172 Parachute System installed via Supplemental Type
Certificate (STC) SA01679CH, or
    (2) BRS-182 Parachute System installed via STC SA01999CH.

------------------------------------------------------------------------
             Cessna 172 models                    Cessna 182 models
------------------------------------------------------------------------
172.......................................  182
172A......................................  182A
172B......................................  182B
172C......................................  182C
172D......................................  182D
172E......................................  182E
172F (USAF T-41A).........................  182F
172G......................................  182G
172H (USAF T-41A).........................  182H
172I......................................  182J
172K......................................  182K
172L......................................  182L
172M......................................  182M
172N......................................  182N
172P......................................  182P
172Q......................................  182Q
172R......................................  182R
172S......................................  182S
                                            182T
                                            R182
                                            T182
                                            TR182
                                            T182T
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from notification by Ballistic Recovery
Systems, Inc. (BRS) that the pick-up collar assembly may prematurely
move off the launch tube and adversely affect rocket trajectory
during deployment. We are issuing this AD to prevent premature
separation of the collar. This condition could result in the
parachute failing to successfully deploy.

Compliance

    (e) To address this problem, you must do the following, unless
already done:

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
Remove and replace the pick-up    Within the next 25  (i) For Cessna
 collar support and two            hours time-in-      Model 172
 retaining screws.                 service after the   airplanes follow
                                   effective date of   BRS SB 07-01,
                                   this AD.            dated June 8,
                                                       2007.
                                                      (ii) For Cessna
                                                       Model 182
                                                       airplanes, follow
                                                       BRS SB 07-02,
                                                       dated June 8,
                                                       2007.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Chicago Aircraft Certification Office, 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: Gregory
Michalik, Senior Aerospace Engineer, FAA, 2300 East Devon Avenue,
Des Plaines, Illinois 60018; telephone:<PHONE_NUMBER>; fax: (847)
294-7834; e-mail<EMAIL_ADDRESS>Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
appropriate principal inspector (PI) in the FAA Flight Standards
District Office (FSDO), or lacking a PI, your local FSDO.

Related Information

    (g) To get copies of the service information referenced in this
AD, contact Ballistic Recovery Systems, Inc., 300 Airport Road,
South Saint Paul, MN 55075-3551; telephone:<PHONE_NUMBER>; fax:
(651) 457-8651. To view the AD docket, go to U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, or
on the Internet at http://www.regulations.gov. The docket number is

Docket No. FAA-2007-29317; Directorate Identifier 2007-CE-079-AD.

    Issued in Kansas City, Missouri, on October 26, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
 [FR Doc. E7-21571 Filed 11-1-07; 8:45 am]

BILLING CODE 4910-13-P