[Federal Register Volume 85, Number 165 (Tuesday, August 25, 2020)]
[Rules and Regulations]
[Pages 52257-52260]
[FR Doc No: 2020-18491]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0690; Project Identifier AD-2020-00860-T;
Amendment 39-21207; AD 2020-17-02]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 747-8 and -8F series airplanes, and
Model 787-8, -9, and -10 airplanes. This AD requires removing Kathon FP
1.5 biocide from the fuel tanks and engines, installing a fuel
limitation placard, and revising the existing airplane flight manual
(AFM) to prohibit operation of the airplane with Kathon FP 1.5 biocide
in a fuel tank or engine. This AD was prompted by a report indicating
that Kathon FP 1.5 biocide added to fuel and running through the
engines can lead to significant engine anomalies. The FAA is issuing
this AD to address the unsafe condition on these products.

DATES: This AD is effective August 25, 2020.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 25,
2020.
    The FAA must receive comments on this AD by October 9, 2020.

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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0690.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0690; 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. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tak Kobayashi, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA has received a report indicating that a The Boeing Company
Model 787 airplane equipped with General Electric Company (GE) GEnx-1B
model turbofan engines experienced temporary thrust anomalies on both
engines during descent into Kansai International Airport in Japan, on
March 29, 2019. Specifically, both engines briefly fell below idle
thrust, and the flightcrew received failure messages for both engines.
    The FAA's review of the data from this incident indicated the
thrust anomalies resulted from fuel control instability. The fuel tanks
of the event airplane had recently been treated with Kathon FP 1.5
biocide for suspected microbial growth contamination. Salt crystals can
form in the fuel under certain conditions after Kathon FP 1.5 biocide
is applied. These salt crystals have the potential to cause slow
response of engine hydromechanical control features, resulting in
compressor stalls or flameouts, potentially on both engines.
    This condition, if not addressed, could result in malfunction of
the engine's control system hydromechanical unit due to undispersed
Kathon FP 1.5 biocide contaminating and restricting the movement of
internal parts. Because the fuel systems for both engines on an
affected airplane are likely to be similarly affected, there is the
potential for loss of thrust control on both engines. Loss of thrust
control on both engines could result in failure to climb on takeoff, a
forced off-airport landing, or an unacceptably high flightcrew
workload.
    However, after this biocide is added to the fuel tanks, adding fuel
without biocide diminishes the hazard. Eventually, after the tanks have
been refilled a sufficient number of times with untreated fuel, enough
of the treated fuel would be dissipated, and the unsafe condition would
be removed. Specifically, Boeing determined that operating the
airplane, or any individual engine, for at least 30 flight cycles,
while adding only fuel that has not been treated with this biocide,
would flush the biocide from the fuel tank system and the engines. The
FAA finds this number of flight cycles to be sufficiently conservative,
and therefore has incorporated it the requirements of this AD.
    The FAA's analysis of the risks posed by this issue has been
ongoing, as has the information available to the agency. On March 10,
2020, the manufacturer of Kathon FP 1.5 issued a letter recommending an
immediate halt of using Kathon FP 1.5 biocide for aviation fuel
applications. A copy of that letter is in the docket for this
rulemaking. On March 25, 2020, the FAA issued a Special Airworthiness
Information Bulletin (SAIB), which is in the docket for this
rulemaking, regarding the use of Kathon FP 1.5 and another biocide.
Most recently, on June 25, 2020, the Japan Transport Safety Board
issued an ``Aircraft Serious Incident Investigation Report'' regarding
the March 29, 2019 incident. That report is in the docket for this
rulemaking.
    The engine and aircraft manufacturers also evaluated the potential
of Kathon FP 1.5 biocide application resulting in adverse effects on
the engines besides GEnx-1B model engines installed on Model 787
airplanes. Based on this evaluation, the FAA has determined that the
unsafe condition also exists on The Boeing Company Model 747-8 and -8F
series airplanes powered by GEnx-2B model engines.

Related Rulemaking

    The FAA issued AD 2020-14-09, Amendment 39-21163 (85 FR 42689, July
15, 2020), for The Boeing Company Model 737-8 and -9 airplanes to
require the same actions required by this AD.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Multi-Operator Messages MOM-MOM-20-0577-
01B, dated July 13, 2020; and MOM-MOM-20-0578-01B, dated July 14, 2020.
This service information describes procedures for removing Kathon FP
1.5 biocide from fuel tanks and engines. These documents are distinct
since they apply to different airplane models. This service information
is reasonably available because the interested parties have access to
it through their normal course of business or by the means identified
in the ADDRESSES section.

FAA's Determination

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

AD Requirements

    This AD requires removing Kathon FP 1.5 biocide from the fuel tanks
and engines, installing a fuel limitation placard, and revising the
existing AFM to prohibit operation of the airplane with Kathon FP 1.5
biocide in a fuel tank or engine.

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 and
flightcrews justifies forgoing notice and comment prior to adoption of
this rule because the simultaneous loss of thrust control on both
engines, due to malfunction of the engine's control system
hydromechanical unit due to undispersed Kathon FP 1.5 biocide
contaminating and restricting the movement of internal parts, could
result in failure to climb on takeoff, a forced off-airport landing, or
an unacceptably high flightcrew workload. In addition, the compliance
time for the required action is shorter than the time necessary for the
public to comment and for publication of the final rule. Therefore this
rule must be issued immediately, to ensure the continued safe operation
of these airplanes. 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 forgo notice and comment.

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
the ADDRESSES section. Include the docket number FAA-2020-0690 and
Project Identifier AD-2020-00860-T at the beginning of your comments.
The most helpful comments refer to a specific portion of the proposal,
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 https://www.regulations.gov, including any personal information you provide.
The FAA 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 the
person identified in the FOR FURTHER INFORMATION CONTACT section. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Regulatory Flexibility Act (RFA)

    The requirements of the 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 notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 137 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                             Cost per
              Action                     Labor cost         Parts cost        product     Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Kathon FP 1.5 biocide removal.....  Up to 24 work-hours              $30    Up to $2,070  Up to $283,590
                                     x $85 per hour = Up
                                     to $2,040.
Fueling placard installation......  1 work-hour x $85                 50             135  18,495
                                     per hour = $85.
AFM revision......................  1 work-hour x $85                  0              85  11,645
                                     per hour = $85.
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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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2020-17-02 The Boeing Company: Amendment 39-21207; Docket No. FAA-
2020-0690; Project Identifier AD-2020-00860-T.

(a) Effective Date

    This AD is effective August 25, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company airplanes identified in
paragraphs (c)(1) and (2) of this AD.
    (1) Model 747-8 and -8F series airplanes, certificated in any
category, with an original standard airworthiness certificate or
original export certificate of airworthiness issued on or before
October 31, 2020.
    (2) Model 787-8, -9, and -10 airplanes, certificated in any
category, with an original standard airworthiness certificate or
original export certificate of airworthiness issued on or before
October 31, 2020, and equipped with General Electric Model GEnx-1B
engines.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel; 73,
Engine.

(e) Unsafe Condition

    This AD was prompted by a report that Kathon FP 1.5 biocide,
when used as a fuel additive and running through the engines, can
lead to significant engine anomalies. The FAA is issuing this AD to
prevent these anomalies, which could result in loss of thrust
control on both engines because the fuel systems for both engines
are likely to be similarly affected. Loss of thrust control on both
engines could result in failure to climb on takeoff, a forced off-
airport landing, or an unacceptably high flightcrew workload.

(f) Compliance

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

(g) Removal of Kathon FP 1.5 Biocide

    (1) For airplanes identified in paragraphs (g)(1)(i) and (ii) of
this AD: Before further flight, remove Kathon FP 1.5 biocide from
the fuel tanks and engines, as applicable, in accordance with Boeing
Multi-Operator Message MOM-MOM-20-0577-01B, dated July 13, 2020 (for
Model 747-8 and -8F series airplanes); or MOM-MOM-20-0578-01B, dated
July 14, 2020 (for Model 787-8, -9, and -10 airplanes); as
applicable.
    (i) Airplanes that have operated for fewer than 30 flight cycles
after the last treatment with Kathon FP 1.5 biocide.
    (ii) Airplanes having any engine that has operated for fewer
than 30 flight cycles after the last exposure to Kathon FP 1.5
biocide.
    (2) No action is required by paragraph (g) of this AD for the
engines on which General Electric confirmed via a GE Salesforce case
response that the engines are operating as expected.

(h) Airplane Flight Manual (AFM) Revision for Fuel Additive Limitation

    Within 30 days after the effective date of this AD, revise the
Certificate Limitations section of the existing Boeing 787 AFM or
Boeing 747-8 AFM to include the information specified in figure 1 or
2 to paragraph (h) of this AD, as applicable. This may be done by
inserting a copy of this AD into the existing AFM. When a statement
identical to that in figure 1 or figure 2 to paragraph (h) of this
AD has been included in the general revisions of the existing Boeing
787 AFM or Boeing 747-8 AFM, as applicable, the general revisions
may be inserted into the existing AFM, and the copy of this AD may
be removed from the existing AFM.
[GRAPHIC] [TIFF OMITTED] TR25AU20.000

[GRAPHIC] [TIFF OMITTED] TR25AU20.001

(i) Fueling Placard Installation

    Concurrently with accomplishing the actions required by
paragraph (h) of this AD, or within 30 days after the issuance of an
original standard airworthiness certificate or original export
certificate of airworthiness, whichever occurs later: Install a
placard with letters having a minimum height of 0.20 inch on white
or light gray background containing the text ``DO NOT OPERATE ENGINE
WITH KATHON\TM\ FP 1.5 BIOCIDE FUEL ADDITIVE'' on the interior area
of the refuel access panel in a location that allows refueling
personnel full view of the placard text when the access door is
open.

(j) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and
21.199, are not allowed until the applicable actions required by
paragraph (g) of this AD have been accomplished.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (l) of this AD. Information may be
emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.

(l) Related Information

    For more information about this AD, contact Tak Kobayashi,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3553; email<EMAIL_ADDRESS>
(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Multi-Operator Message MOM-MOM-20-0577-01B, dated
July 13, 2020.
    (ii) Boeing Multi-Operator Message MOM-MOM-20-0578-01B, dated
July 14, 2020.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. 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_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 6, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-18491 Filed 8-24-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Rules and Regulations]
[Pages 37308-37310]
[FR Doc No: 2017-16804]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2016-0766; FRL-9965-79-Region 2]

Approval and Promulgation of Implementation Plans; Reasonably
Available Control Technology for Oxides of Nitrogen for Specific
Sources in the State of New Jersey

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing
approval of two revisions to the State Implementation Plan (SIP) for
ozone submitted by the State of New Jersey. This SIP revision consists
of two source-specific reasonably available control technology (RACT)
determinations for controlling oxides of nitrogen. One is for the
Transcontinental Gas Pipeline Corp., LNG Station 240 located in
Carlstadt, New Jersey and the other is for Joint Base McGuire-Dix-
Lakehurst in Lakehurst, New Jersey. This action approves the source-
specific RACT determinations that were made by New Jersey in accordance
with the provisions of its regulation to help meet the national ambient
air quality standard for ozone. The intended effect of this rule is to
approve source-specific emissions limitations required by the Clean Air
Act.

DATES: This rule is effective on September 11, 2017.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R02-OAR-2016-0766. All documents in the docket are
listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella,
<EMAIL_ADDRESS>at the United States Environmental Protection

Agency, Air Programs Branch, 290 Broadway, 25th Floor, New York, New
York 10007-1866,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. What action is the EPA taking today?

    The EPA is approving two source-specific State Implementation Plans
(SIP) revisions for ozone submitted by the State of New Jersey. These
SIP revisions relate to New Jersey's oxides of nitrogen
(NOX) reasonably available control technology (RACT)
determinations for the Transcontinental Gas Pipeline Corp., LNG Station
240 (Transco-240) located in Carlstadt, New Jersey in Bergen County and
for Joint Base McGuire-Dix-Lakehurst (JB-MDL) located in Lakehurst, New
Jersey in Ocean County. The determinations are for the four natural
gas-fired water bath heaters (U7-U10) at the Transco-240 facility and
the two natural gas-fired boilers (Nos. 2 and 3) at the JB-MDL
facility. These SIP revisions were submitted to the EPA for approval by
the New Jersey Department of Environmental Protection on July 1, 2014
and July 25, 2016 respectively.

II. What comments were received in response to EPA's proposed action?

    On May 8, 2017 (82 FR 21343), the EPA proposed to approve New
Jersey's two source-specific SIP revisions addressing NOX
RACT requirements for the Transco-240 and the JB-MDL facilities. For a
detailed discussion on the content and requirements of the revisions to
New Jersey's two SIP revisions, the reader is referred to the EPA's
proposed rulemaking action. In response to the EPA's May 8, 2017
proposed rulemaking action, the EPA received no public comments.

III. Conclusion

    The EPA has determined that New Jersey's two SIP revision for the
NOX RACT determinations for the affected sources at the
Transco-240 and the JB-MDL facilities are consistent with New Jersey's
NOX RACT regulation and the EPA's guidance. The EPA has
determined that New Jersey's SIP revision will not interfere with any
applicable requirement concerning attainment and reasonable further
progress, or any other applicable requirement of the Clean Air Act.
Therefore, the EPA is approving the NOX emission limits and
other requirements identified in New Jersey's Conditions of Approval
document and alternative emission limit compliance plan for Transco-240
and JB-MDL, respectively. The NOX RACT requirements specify
emissions limits, work practice standards, testing, monitoring, and
recordkeeping/reporting requirements. These conditions are consistent
with the NOX RACT requirements specified in Subchapter 19 of
Chapter 27, Title 7 of the New Jersey Administrative Code and conform
to the EPA's NOX RACT guidance.
    More specifically, the EPA approves the current Conditions of
Approval document for the four water bath heaters (U7-U10) at the
Transco-240 facility which includes the following limits:
    1. The alternative NOX emission limit (AEL) from each
water bath heater, while combusting natural gas, shall not exceed 0.10
pounds per million British Thermal Units (lb/MMBTU);
    2. The total NOX emissions from all four water bath
heaters, while combusting natural gas, shall not exceed 6.7 tons per
year;
    3. The hours of operation for the four natural gas-fired water bath
heaters shall be for a combined total of 1600 hours per year or less;
    4. The four water bath heaters shall not be operated during the
ozone season; and,
    5. The flue gas recirculation control system shall operate at all
times the heater is operating.
    Also, the EPA approves the alternate emission limit compliance plan
for the two natural gas-fired boilers (Nos 2 and 3) at the JB-MDL
facility which includes the following limits:
    1. An alternative NOX emission limit of 0.10 lb/MMBTU
for boiler #2 and boiler #3 pursuant to N.J.A.C. 7:27-19.13; and,
    2. A decrease in natural gas use from 181.43 to 108.6 million cubic
feet (MMft\3\) per year for boiler #2 and from 113.04 to 57 MMft\3\ per
year for boiler #3.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of: ``Conditions
of Approval, Alternative Emission Limit for NOX For Four (4)
Water Bath Heaters, Transcontinental Gas Pipelines Corp., LNG Station
240, 718 Paterson Plank Road, Carlstadt Borough, Program Interest No.
02626,'' approved by New Jersey Department of Environmental Protection
on June 12, 2014 and ``Revision to the NJ State Implementation Plan for
Joint Base McGuire-Dix-Lakehurst (JB-MDL), Lakehurst, NJ'' including
Enclosure 2 (``AEL Compliance Plan'') (dated July 14, 2016) to
Attachment I (``Site-specific and source specific NOX RACT
SIP Information for Joint Base McGuire-Dix-Lakehurst (JB-MDL)
(Lakehurst), for Boiler Nos 2 and 3''), permit activity number of
BOP150001, approved by New Jersey Department of Environmental
Protection on August 26, 2016. The summary of emission limits and other
enforceable requirements for the two SIP revisions are included in
section III (Conclusion) of this rulemaking. Therefore, these materials
have been approved by EPA for inclusion in the SIP, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation. EPA has made, and will continue
to make, these materials generally available through
www.regulations.gov and/or at the EPA Region 2 Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive

Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 10, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804, however, exempts from section 801 the
following types of rules: Rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.

    Dated: July 25, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart FF--New Jersey

0
2. In Sec.  52.1570, the table in paragraph (d) is amended by adding
entries ``Transcontinental Gas Pipelines Corp., LNG Station 240'' and
``Joint Base McGuire-Dix-Lakehurst (Lakehurst, NJ)'' to the end of the
table to read as follows:

Sec.  52.1570   Identification of plan.

* * * * *
    (d) * * *

                               EPA-Approved New Jersey Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
                                                        State effective
         Name of source             Identifier No.           date          EPA approval date       Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Transcontinental Gas Pipelines    02626.............  June 12, 2014.....  August 10, 2017     Alternate NOX
 Corp., LNG Station 240.                                                   [insert Federal     Emission Limit
                                                                           Register            and other
                                                                           citation].          requirements
                                                                          August 10, 2017      pursuant to NJAC
                                                                           [insert Federal     7:27-19.13 for
                                                                           Register            four natural gas-
                                                                           citation].          fired water bath
                                                                                heaters ((U7-
                                                                                U10).
Joint Base McGuire-Dix-Lakehurst  BOP15001..........  August 26, 2016...  ..................  Alternate NOX
 (Lakehurst, NJ).                                                                              Emission Limit
                                                                                and other
                                                                                requirements
                                                                                pursuant to NJAC
                                                                                7:27-19.13 for
                                                                                two natural gas-
                                                                                fired boilers
                                                                                (Nos 2 and 3).
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-16804 Filed 8-9-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70228-70229]
[FR Doc No: 2010-28921]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

November 9, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP11-1499-000.
    Applicants: Kern River Gas Transmission Company.
    Description: Kern River Gas Transmission Company submits tariff
filing per 154.203: 2010 Conditionally Corrected Compliance Filing 11-
04-10 RP04-274 to be effective 8/19/2010.
    Filed Date: 11/04/2010.
    Accession Number: 20101104-5149.
    Comment Date: 5 p.m. Eastern Time on Monday, November 22, 2010.

    Docket Numbers: RP11-1505-000.
    Applicants: ANR Pipeline Company.
    Description: ANR Pipeline Company submits tariff filing per
154.203: RP10-1272 eTariff Compliance to be effective 11/1/2010.
    Filed Date: 11/08/2010.
    Accession Number: 20101108-5094.
    Comment Date: 5 p.m. Eastern Time on Monday, November 22, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and Sec.
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They

are also available for review in the Commission's Public Reference Room
in Washington, DC. There is an eSubscription link on the Web site that
enables subscribers to receive e-mail notification when a document is
added to a subscribed docket(s). For assistance with any FERC Online
service, please e-mail

. or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.Natha
niel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-28921 Filed 11-16-10; 8:45 am]
BILLING CODE 6717-01-P