[Federal Register Volume 79, Number 182 (Friday, September 19, 2014)]
[Rules and Regulations]
[Pages 56268-56274]
[FR Doc No: 2014-22165]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2011-0916; FRL-9916-14-Region 10]

Approval and Promulgation of Implementation Plans; Alaska

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Alaska State Implementation Plan
(SIP). The State of Alaska (State) submitted these revisions on
February 13, 2008, December 11, 2009, April 14, 2010, November 29,
2010, October 21, 2011, December 10, 2012, and January 28, 2013, to
meet Clean Air Act (CAA) requirements. These revisions update the
Alaska SIP to reflect changes to the National Ambient Air Quality
Standards (NAAQS), area designations, and Federal permitting
requirements under section 110 of the CAA. In addition, the submitted
changes revise and clarify Alaska permitting rules, and remove
provisions that are duplicated in other regulations. Although the EPA
is approving most of the submitted revisions, the EPA is not approving
certain provisions which are inappropriate for SIP approval. The EPA is
also correcting the SIP to remove specific provisions that were
previously approved into the SIP in error. The corrections remove
provisions that implement other requirements of the CAA, are not
required by section 110 of the CAA, and were not relied on by the State
to demonstrate attainment or maintenance of the NAAQS or to meet other
specific requirements of section 110 of the CAA. Finally, the EPA is
deferring action on certain portions of the submissions, including
those that adopt by reference updates to the Federal nonattainment
major new source review requirements, because those revisions will be
addressed in separate actions.

DATES: This final rule is effective on October 20, 2014.

ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R10-OAR-2011-0916. All documents in the
docket are listed on the http://www.regulations.gov Web site. Although
listed in the index, some information may not be publicly available,
i.e., Confidential Business Information or other information the
disclosure of which 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 http://www.regulations.gov or in hard copy at EPA Region 10, Office of Air,
Waste, and Toxics, AWT-107, 1200 Sixth Avenue, Seattle, Washington
98101. The EPA requests that you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Donna Deneen at<PHONE_NUMBER>,
<EMAIL_ADDRESS>or by using the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us'' or ``our'' is used, it is intended to refer to the EPA.

Table of Contents

I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    The EPA proposed action on numerous revisions to the Alaska SIP in
a notice of proposed rulemaking published on May 5, 2014 (79 FR 25533).
These submitted revisions update the Alaska SIP to reflect changes to
the NAAQS, area designations, and Federal permitting requirements under
section 110 of the CAA. In addition, the submitted changes revise and
clarify Alaska permitting rules, and remove provisions that are
duplicated in other regulations. The EPA proposed to approve most of
the submitted revisions except for certain provisions which are
inappropriate for SIP approval because they implement other provisions
of the CAA, are not required by section 110 of the CAA and were not
relied on by the State to demonstrate attainment or maintenance of the
NAAQS or to meet other specific requirements of section 110 of the CAA.
In addition, the EPA proposed to correct the SIP to remove specific
provisions that were previously approved into the SIP in error because
they implement other provisions of the CAA and were not relied on by
the State to demonstrate attainment or maintenance of the NAAQS or to
meet other specific requirements of section 110 of the CAA. Finally,
the EPA proposed to defer action on certain portions of the
submissions, including those that adopt by reference updates to the
Federal nonattainment major new source review requirements, because
those revisions will be addressed in separate actions. More detail
regarding the relevant CAA requirements, the revisions, and the EPA's
reasons for this action were provided in the proposal. See 79 FR 25533.
The public comment period for this proposed rule ended on June 4, 2014.

II. Response to Comments

    The EPA received one comment letter on the May 5, 2014, proposed
rule. The following summarizes the issues raised by the commenter and
provides the EPA's responses.
    Comment: The Alaska Department of Conservation (ADEC) states that
it supports the EPA's proposed approval of revisions to the Alaska SIP,
but that it has comments on a few specific aspects of the EPA's
proposal.
    Response: The EPA acknowledges ADEC's support of this action and
provides responses to ADEC's other comments below.
    Comment: ADEC disagrees with the EPA's proposal not to approve 18
AAC 50.345(l), which is a general condition required to be included in
all permits and gives ADEC the discretion to approve an extension of a
source test deadline established by ADEC. ADEC states that it is
unreasonable to expect it to revise a permit and get the EPA's approval
when ADEC cannot know a permittee will need an extension of source
testing requirements until the need arises. The flexibility provided by
18 AAC 50.345(l), ADEC maintains, is needed to account for unique
logistical situations, such as when a permittee is unable to get a
source test contractor on site by the permit deadline due to such
issues as contractor shortages or extreme-weather-related scheduling
problems. ADEC explains that when it receives a request for an
extension, the extensions are granted and the source test is required
to be conducted as expeditiously as possible and that only a dozen or
so such requests are received annually. ADEC concludes by requesting
that the EPA approve 18 AAC 50.345(l).
    Response: The EPA previously disapproved 18 AAC 50.345(l) on August
14, 2007 (72 FR 45378), and the State has not submitted a revision to
18 AAC 50.345(l) since then. As a result, no revision to 18 AAC
50.345(l) is before the EPA for action at this time. The EPA
acknowledges the May 5, 2014, proposal may not have been clear that a
revision to 18 AAC 50.345(l) was not before us. The intent of the EPA's
statement that it was not approving 18 AAC 50.345(l) was to avoid any
implication that, by approving the submitted revisions to other parts
of 18 AAC 50.345, it was also approving any revisions to 18 AAC
50.345(l) as none had been submitted.
    In any event, the EPA continues to believe that 18 AAC 50.345(l) is
not appropriate for SIP approval for the reasons previously identified
by the EPA in its prior action. See 72 FR 5232 (February 5, 2007). The
regulation itself contains no criterion that bounds ADEC's discretion
to grant an extension of the source test deadline, such as the maximum
time for an extension or the circumstances under which an extension
will be granted. See, e.g., 40 CFR 60.8 (provisions authorizing an
extension of a source test deadline for ``force majeure'' events).
Unless it is possible at the time of the approval of a director's
discretion-type provision into a SIP to anticipate and analyze all of
the impacts of the potential exercise of the director's discretion,
such provisions functionally could allow de facto revisions of the
approved provisions of the SIP without complying with the process for
SIP revisions required by the CAA. See 78 FR 12460, 12485-86 (February
22, 2013).
    The EPA understands the goal of 18 AAC 50.345(l) is to provide
flexibility where an extension to a source test deadline established by
ADEC is needed to account for unique logistical situations. If
requested by Alaska, the EPA will work with the State to develop
revised rules that are consistent with ADEC's goal and also consistent
with the Clean Air Act and implementing regulations.
    Comment: ADEC objects to the proposed disapproval of 18 AAC
50.346(a). ADEC describes this provision as dealing with the adoption
by reference and use of Standard Operating Permit Condition II--Air
Pollution Prohibited. ADEC states that it believes the EPA may have
incorrectly interpreted the conditions in Standard Operating Permit
Condition II, arguing that Condition II.2.1 addresses situations in
which emissions present a potential threat to human health and safety
and require that such emissions be reported and that actual impacts
are, therefore, monitored. ADEC also argues that Condition II.2.1 and
II.2.2 require reporting and investigation of emissions that are
believed to have caused or are causing violation of Condition II.1, and
Condition II.2.4 requires permittees to keep records, all of which
constitute monitoring for compliance. ADEC believes that the EPA's
disapproval addresses only the language found in Condition II.2.3,
which does require corrective action after a violation has occurred.
ADEC requests that the EPA either approve 18 AAC 50.346(a) or provide
additional explanation for why it is not approvable.
    Response: Region 10 continues to believe that 18 AAC 50.346(a) is
not appropriate for SIP approval. We raised concerns in our previous
action at 72 FR 5238 (February 5, 2007) that Standard Permit Condition
II, which is incorporated into 18 AAC 50.346(a), only requires
corrective action after a violation of 18 AAC 50.110 has occurred.
Based on the comment by ADEC, we now agree that Standard Permit
Condition II requires other ongoing monitoring, recordkeeping and
reporting (MRR) in addition to the corrective action provision.
However, the standard condition also authorizes ADEC to use something
other than the

Standard Permit Condition if ``the Department determines that emission
unit or stationary source specific conditions more adequately meet the
requirements of 18 AAC 50.'' As such, it reserves to ADEC authority to
impose case-by-case MRR for the underlying SIP requirement (18 AAC
50.110) as an alternative to Standard Permit Condition II through the
permitting process with no bounds on the exercise of that discretion.
Although authority to impose appropriate MRR is an important part of
the permitting process, approving into the SIP a specified MRR
requirement for a SIP air quality control requirement such as 18 AAC
50.110 that also authorizes the permitting authority unbounded
discretion to impose alternative requirements is inconsistent with the
process for SIP revisions required by the CAA. See 78 FR 12460, 12485-
86 (February 22, 2013). Therefore, EPA continues to believe that it
cannot approve 18 AAC 50.346(a) into the SIP. The EPA notes, however,
that, ADEC has authority under its SIP-approved permitting program to
determine whether this Standard Condition or some alternative MRR is
appropriate for 18 AAC 50.110 in issuing a permit for a particular
emission unit or source. Once such a permit is issued under the SIP,
the MRR would then be Federally-enforceable whether it is the Standard
Permit Condition or a case-by-case alternative.
    Comment: ADEC disagrees with the EPA's proposal to not approve 18
AAC 50.542(b)(2), which allows ADEC to require an owner/operator to
submit an application online on the grounds that ADEC's online system
has not yet been certified by the EPA as Cross-Media Electronic
Reporting Rule (CROMERR) compliant. ADEC states that it is continuing
to work in good faith with the EPA to meet CROMERR requirements and
that it is inappropriate to not approve 18 AAC 50.542(b)(2) because (1)
ADEC has an existing system, which has been acknowledged as such by the
EPA; (2) ADEC has submitted a CROMERR application; (3) CROMERR
regulations have no provisions where an existing system cannot be used;
and (4) Meeting CROMERR requirements is a challenging endeavor that has
been so difficult in some cases that the EPA has been working to create
services to help programs to meet CROMERR. ADEC continues that it is
close to being able to formally resubmit its Air Online Services (AOS)
program under CROMERR and that, until then, ADEC should be able to
continue to utilize all of its tools and resources to not only meet
Federal requirements but to also efficiently and effectively process
permits. Therefore, ADEC requests that, although ADEC's online system
has not yet been certified as CROMERR compliant, the EPA continue to
work with the State to approve the program as expeditiously as
possible.
    Response: The provision at 18 AAC 50.542(b)(2) allows ADEC to
require the owner/operator to submit permit applications online. The
EPA previously disapproved this provision on August 14, 2007 (72 FR
45378), and the State has not submitted a revision to 18 AAC
50.542(b)(2) since then. As a result no revision to 18 AAC 50.542(b)(2)
is before the EPA for action at this time. The EPA acknowledges the May
5, 2014, proposal may not have been clear that a revision to 18 AAC
50.542(b)(2) was not before us. The intent of the EPA's statement that
it was not approving 18 AAC 50.542(b)(2) was to avoid any implication
that, by approving submitted revisions to other parts of 18 AAC 50.542,
it was also approving any revisions to 18 AAC 50.542(b)(2) as none had
been submitted.
    In any event, the EPA continues to believe that 18 AAC 50.542(b)(2)
is not appropriate for SIP approval for the reasons previously
identified by the EPA in its prior action. See 72 FR 5232 (February 5,
2007). We acknowledge ADEC's continuing efforts to meet CROMERR
requirements and will continue to assist the State in developing an
approvable program for electronic recordkeeping and reporting under
CROMERR, taking into account ADEC's concerns. Once ADEC receives
CROMERR approval and resubmits 18 AAC 50.542(b)(2) for SIP approval, we
will take appropriate action on this provision.

III. Final Action

Provisions the EPA Is Approving and Incorporating by Reference

    Consistent with the discussion and analysis in the proposed
rulemaking published on May 5, 2014, and in this action, the EPA is
approving into the SIP at 40 CFR part 52, subpart C, the Alaska laws
and regulations listed in the table below.

                          Alaska Provisions for Approval and Incorporation by Reference
----------------------------------------------------------------------------------------------------------------
                                                                         State
           State citation                     Title/Subject         effective date           Explanation
----------------------------------------------------------------------------------------------------------------
18 AAC 50.010.......................  Ambient Air Quality                 1/4/2013  except (7) and (8).
                                       Standards.
18 AAC 50.015.......................  Air Quality Designations,          12/9/2010  ............................
                                       Classifications, and
                                       Control Regions.
18 AAC 50.020.......................  Baseline Dates and Maximum          1/4/2013  ............................
                                       Allowable Increases.
18 AAC 50.035.......................  Documents, Procedures, and          1/4/2013  except (a)(6) and (b)(4).
                                       Methods Adopted by
                                       Reference.
18 AAC 50.040.......................  Federal Standards Adopted by  1/4/2013, 12/3/ except (a), (b), (c), (d),
                                       Reference.                             2005   (e), (g), (h)(21), (i)(7),
                                                                                (i)(8), (i)(9), (j), and
                                                                                (k).
18 AAC 50.050.......................  Incinerator Emission               7/25/2008  ............................
                                       Standards.
18 AAC 50.055.......................  Industrial Processes and           12/9/2010  except (d)(2)(B).
                                       Fuel-Burning Equipment.
18 AAC 50.215.......................  Ambient Air Quality Analysis  1/4/2013, 10/1/ except (a)(4).
                                       Methods.                               2004
18 AAC 50.220.......................  Enforceable Test Methods....       9/14/2012  except (c)(1)(A), (B), (C),
                                                                                and (c)(2).
18 AAC 50.225.......................  Owner-Requested Limits......       9/14/2012  ............................
18 AAC 50.302.......................  Construction Permits........       9/14/2012  except (a)(3).
18 AAC 50.306.......................  Prevention of Significant           1/4/2013  ............................
                                       Deterioration (PSD) Permits.
18 AAC 50.345.......................  Construction, Minor and            9/14/2012  except (b), (c)(3), and (l).
                                       Operating Permits: Standard
                                       Permit Conditions.
18 AAC 50.400.......................  Permit Administration Fees..   9/14/2012, 7/  except (a), (b), (c), (d),
                                                                           25/2008   (f), (j)(1) through (18),
                                                                                (j)(21) through (23), and
                                                                                (k).

18 AAC 50.502.......................  Minor Permits for Air               1/4/2013  ............................
                                       Quality Protection.
18 AAC 50.508.......................  Minor Permits Requested by         12/9/2010  ............................
                                       the Owner or Operator.
18 AAC 50.510.......................  Minor Permit: 18 AAC 50.510        12/9/2010  ............................
                                       Minor Permit--Title V
                                       Permit Interface.
18 AAC 50.540.......................  Minor Permit: Application...        1/4/2013  ............................
18 AAC 50.542.......................  Minor Permit: Review and            1/4/2013  except (b)(2).
                                       Issuance.
18 AAC 50.544.......................  Minor Permits: Content......       12/9/2010  ............................
18 AAC 50.546.......................  Minor Permits: Revisions....       7/25/2008  except (b).
18 AAC 50.990.......................  Definitions.................       9/14/2012  except (92) as it relates to
                                                                                18 AAC 50.040(i).
Alaska Statute Sec. 46.14.550.......  Responsibilities of Owner           1/4/2013  ............................
                                       and Operator; Agent for
                                       Service.
Alaska Statute Sec. 46.14.990.......  Definitions.................        1/4/2013  except (1)-(3), (6), (7),
                                                                                (9)-(14), (19)-(26), and
                                                                                (28).
----------------------------------------------------------------------------------------------------------------

    In addition, the EPA finds that the statutes submitted by the State
in its SIP revisions, with the exceptions discussed in the May 5, 2014,
proposal, continue to provide the State with adequate legal authority
to carry out the requirements of the Alaska SIP. In general, the EPA is
not incorporating by reference the statutory provisions submitted by
the State to avoid potential conflict with the EPA's independent
authorities.

Provisions the EPA Is Not Approving

    For the reasons explained in the proposed rule published on May 5,
2014, we are not approving the following provisions:
     18 AAC 50.010 ``Ambient Air Quality Standards,''
paragraphs (7) and (8).
     18 AAC 50.030 ``State Air Quality Control Plan.''
     18 AAC 50.035 ``Documents, Procedures, and Methods Adopted
by Reference,'' subparagraphs (a)(6) and (b)(4).
     18 AAC 50.040 ``Federal Standards Adopted by Reference,''
paragraphs (a), (b), (c), (d), (e), (g), (j) and (k), and subparagraph
(h)(21).
     18 AAC 50.055 ``Industrial Processes and Fuel-Burning
Equipment,'' subparagraph (d)(2)(B).
     18 AAC 50.215 ``Ambient Air Quality Analysis Methods,''
subparagraph (a)(4).
     18 AAC 50.220 ``Enforceable Test Methods,'' subparagraph
(c)(2).
     18 AAC 50.326 ``Title V Operating Permits, paragraph (e).
     18 AAC 50.345 ``Construction, Minor and Operating Permits:
Standard Permit Conditions,'' paragraph (b), (c)(3), and (l).
     18 AAC 50.346 ``Construction and operating permits: other
permit conditions,'' paragraphs (a), (b) and (c).
     18 AAC 50.400 ``Permit Administration Fees,'' paragraph
(a).
     18 AAC 50.542 ``Minor Permit: Review and Issuance,''
subparagraph (b)(2).
     18 AAC 50.546 ``Minor Permits: Revisions,'' paragraph (b).
     AS 46.14.540 ``Authority of Department in Cases of
Emergency.''

Provisions the EPA Is Removing From the SIP or From Incorporation by
Reference

    Under the authority of CAA section 110(k)(6), we are correcting the
SIP to remove specific provisions from the Alaska SIP that were
previously approved into the SIP in error. The provisions listed below
implement other requirements of the CAA, were not required to be
submitted under section 110 of the CAA, and were not relied on by the
State to demonstrate attainment or maintenance of the NAAQS or to meet
other specific requirements of section 110 of the Act. They are
therefore not appropriate for approval into the SIP: 18 AAC
50.220(c)(1)(A), (B), (C) and 18 AAC 50.302(a)(3). Because these
provisions are not required under the CAA, our action to remove these
provisions, which results in a disapproval of these provisions, does
not make the SIP deficient.
    We are also removing the incorporation by reference of AS
46.14.510(b). This statutory provision continues to be in the SIP, but
is no longer necessary to be incorporated by reference because the
provision is addressed by the incorporation by reference of regulations
elsewhere in the Federally-approved SIP (at 18 AAC 52.015(a), (b),
52.990(66)(B) and 52.100(d)(3)).

Provisions the EPA is Taking No Action On

    Finally, as detailed in the proposed rulemaking published on May 5,
2014, we are taking no action on the following Alaska provisions: 18
AAC 50.040 ``Federal Standards Adopted by Reference'' paragraph (i)
(adoption by reference of Federal nonattainment NSR regulations at 40
CFR 51.165); 18 AAC 50 Article 7 ``Conformity;'' and AS 46.14.560
``Unavoidable Malfunctions and Emergencies.'' We intend to address
these changes in separate actions.

IV. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 CAA; and
     does not provide the 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 the EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    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. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    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 November 18, 2014. 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)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: August 15, 2014.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.

    40 CFR part 52 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 C--Alaska

0
2. In Sec.  52.70, the table in paragraph (c) is amended by:
0
a. Revising entries 18 AAC 50.010 through 18 AAC 50.020.
0
b. Revising entries 18 AAC 50.035, 18 AAC 50.040, 18 AAC 50.050, and 18
AAC 50.055.
0
c. Revising entries 18 AAC 50.215 through 18 AAC 50.225.
0
d. Revising entries 18 AAC 50.302, 18 AAC 50.306, and 18 AAC 50.345.
0
e. Adding, in numerical order, the subheading ``18 AAC 50 Article 4.
User Fees'' and entry ``18 AAC 50.400''.
0
f. Revising entries 18 AAC 50.502 and 18 AAC 50.508.
0
g. Adding in numerical order entry 18 AAC 50.510.
0
h. Revising entries 18 AAC 50.540 through 18 AAC 50.546.
0
i. Revising entry 18 AAC 50.990.
0
j. Removing entry Sec. 46.14.510.
0
k. Revising entries Sec. 46.14.550 and Sec. 46.14.990.
    The revisions and additions read as follows:

Sec.  52.70  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Alaska Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation              Title/Subject      effective    EPA Approval date         Explanations
                                                           date
----------------------------------------------------------------------------------------------------------------
   Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
18 AAC 50.010...................  Ambient Air Quality       1/4/13  9/19/14............  except (7) and (8).
                                   Standards.                       [Insert Federal
                                                                     Register citation].
18 AAC 50.015...................  Air Quality              12/9/10  9/19/14............
                                   Designations,                    [Insert Federal
                                   Classifications,                  Register citation].
                                   and Control
                                   Regions.
18 AAC 50.020...................  Baseline Dates and        1/4/13  9/19/14............
                                   Maximum Allowable                [Insert Federal
                                   Increases.                        Register citation].

                                                  * * * * * * *
18 AAC 50.035...................  Documents,                1/4/13  9/19/14............  except (a)(6) and
                                   Procedures and                   [Insert Federal       (b)(4).
                                   Methods Adopted by                Register citation].
                                   Reference.
18 AAC 50.040...................  Federal Standards        1/4/13;  9/19/14............  except (a), (b), (c),
                                   Adopted by              12/3/05  [Insert Federal       (d), (e), (g),
                                   Reference.                        Register             (h)(21), (i)(7),
                                                                     citation];.          (i)(8), (i)(9), (j),
                                                                    72 FR 45378 (8/14/    and (k).
                                                                     07).

                                                  * * * * * * *
18 AAC 50.050...................  Incinerator              7/25/08  9/19/14............
                                   Emission Standards.              [Insert Federal
                                                                     Register citation].
18 AAC 50.055...................  Industrial               12/9/10  9/19/14............  except (d)(2)(B).
                                   Processes and Fuel-              [Insert Federal
                                   Burning Equipment.                Register citation].

                                                  * * * * * * *
18 AAC 50.215...................  Ambient Air Quality      1/4/13;  9/19/14............  except (a)(4)
                                   Analysis Methods.       10/1/04  [Insert Federal
                                                                     Register
                                                                     citation];.
                                                                    72 FR 45378 (8/14/
                                                                     07).
18 AAC 50.220...................  Enforceable Test         9/14/12  9/19/14............  except (c)(1)(A), (B),
                                   Methods.                         [Insert Federal       (C), and (c)(2).
                                                                     Register citation].
18 AAC 50.225...................  Owner-Requested          9/14/12  9/19/14............
                                   Limits.                          [Insert Federal
                                                                     Register citation].

                                                  * * * * * * *
18 AAC 50.302...................  Construction             9/14/12  9/19/14............  except (a)(3).
                                   Permits.                         [Insert Federal
                                                                     Register citation].
18 AAC 50.306...................  Prevention of             1/4/13  9/19/14............
                                   Significant                      [Insert Federal
                                   Deterioration                     Register citation].
                                   (PSD) Permits.

                                                  * * * * * * *
18 AAC 50.345...................  Construction, Minor      9/14/12  9/19/14............  except (b), (c)(3), and
                                   and Operating                    [Insert Federal       (l).
                                   Permits: Standard                 Register citation].
                                   Permit Conditions.
----------------------------------------------------------------------------------------------------------------
                                         18 AAC 50 Article 4. User Fees
----------------------------------------------------------------------------------------------------------------
18 AAC 50.400...................  Permit                    9/4/12  9/19/14............  except (a), (b), (c),
                                   Administration                   [Insert Federal       (d), (f), (j)(1)
                                   Fees.                             Register citation].  through (18), (j)(21)
                                                                                through (23), and (k).

                                                  * * * * * * *
18 AAC 50.502...................  Minor Permits for         1/4/13  9/19/14............
                                   Air Quality                      [Insert Federal
                                   Protection.                       Register citation].
18 AAC 50.508...................  Minor Permits            12/9/10  9/19/14............
                                   Requested by the                 [Insert Federal
                                   Owner or Operator.                Register citation].
18 AAC 50.510...................  Minor Permit: 18         12/9/10  9/19/14............
                                   AAC 50.510 Minor                 [Insert Federal
                                   Permit--Title V                   Register citation].
                                   Permit Interface.
18 AAC 50.540...................  Minor Permit:             1/4/13  9/19/14............
                                   Application.                     [Insert Federal
                                                                     Register citation].
18 AAC 50.542...................  Minor Permit:             1/4/13  9/19/14............  except (b)(2).
                                   Review and                       [Insert Federal
                                   Issuance.                         Register citation].
18 AAC 50.544...................  Minor Permits:           12/9/10  9/19/14............
                                   Content.                         [Insert Federal
                                                                     Register citation].
18 AAC 50.546...................  Minor Permits:           7/15/08  9/19/14............  except (b).
                                   Revisions.                       [Insert Federal
                                                                     Register citation].

                                                  * * * * * * *
18 AAC 50.990...................  Definitions........      9/14/12  9/19/14............  except (92) as it
                                                                    [Insert Federal       relates to 18 AAC
                                                                     Register citation].  50.040(i).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                 Alaska Statutes
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
         Title 46 Water, Air, Energy, and Environmental Conservation, Chapter 46.14. Air Quality Control
----------------------------------------------------------------------------------------------------------------
Sec. 46.14.550..................  Responsibilities of       1/4/13  9/19/14............
                                   Owner and Operator.              [Insert Federal
                                                                     Register citation].

                                                  * * * * * * *
Sec. 46.14.990..................  Definitions........       1/4/13  9/19/14............  except (1) (3), (6),
                                                                    [Insert Federal       (7), (9) (14), (19)
                                                                     Register citation].  (26), and (28).
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.96 is amended by revising paragraph (a) to read as
follows:

Sec.  52.96  Significant deterioration of air quality.

    (a) The State of Alaska Department of Environmental Conservation
Air Quality Control Regulations are approved as meeting the
requirements of 40 CFR 51.166 and this part for preventing significant
deterioration of air quality. The specific provisions approved are: 18
AAC 50.010 except (7) and (8), 18 AAC 50.020, 18 AAC 50.035 (a)(4) and
(5) and (b)(1) (but only with respect to the incorporation by reference
of 40 CFR part 50, appendix P), 18 AAC 50.040(h) except (7) and (9),
and 18 AAC 50.306 as in effect on January 4, 2013; 18 AAC 50.215 except
(a)(4) and (d), 18 AAC 50.345 except (b), (c)(3) and (l), and 18 AAC
50.990 except (92) as it relates to 18 AAC 50.040(i)) as in effect on
September 14, 2012; 18 AAC 50.015 as in effect on December 9, 2010; 18
AAC 50.040 (7) and (9) as in effect on December 3, 2005; and 18 AAC
50.215(d) and 18 AAC 50.250 as in effect on October 1, 2004.
* * * * *
[FR Doc. 2014-22165 Filed 9-18-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Page 20159]
[FR Doc No: 2023-07016]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15029-001]

SV Hydro, LLC; Notice of Surrender of Preliminary Permit

    Take notice that SV Hydro, LLC, permittee for the proposed Itasca
County Pumped Storage Project, has requested that its preliminary
permit be terminated. The permit was issued on October 28, 2020, and
would have expired on September 30, 2024.\1\ The project would have
been located near the City of Marble, Itasca County, Minnesota.
---------------------------------------------------------------------------

    \1\ 173 FERC ] 62,047 (2020).
---------------------------------------------------------------------------

    The preliminary permit for Project No. 15029 will remain in effect
until the close of business, April 28, 2023. But, if the Commission is
closed on this day, then the permit remains in effect until the close
of business on the next day in which the Commission is open.\2\ New
applications for this site may not be submitted until after the permit
surrender is effective.
---------------------------------------------------------------------------

    \2\ 18 CFR 385.2007(a)(2) (2022).

    Dated: March 29, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-07016 Filed 4-4-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56912-56913]
[FR Doc No: 2018-24825]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0078]

Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on September 20, 2018, the
American Short Line Railroad Association (ASLRRA) petitioned the
Federal Railroad Administration (FRA) for an amended waiver of
compliance from certain provisions of the Federal hours of service laws
contained at 49 U.S.C. 21103(a)(4), which, in part, require a train
employee to receive 48 hours off duty after initiating an on-duty
period for six consecutive days. FRA assigned the petition Docket
Number FRA-2009-0078.
    ASLRRA's waiver of 49 U.S.C. 21103(a)(4)(A), granted under the
terms and conditions contained in FRA's initial March 5, 2010 decision
letter, and extended by FRA's decision letter dated February 27, 2012,
permits participating railroads to allow train employees to work six
consecutive days followed by 24 hours of rest before returning to work.
One condition of the waiver excludes work occurring between the hours
of midnight and six a.m. ASLRRA requests to expand the waiver to
include work between the hours of midnight and six a.m. for those
railroads identified in the petition who agree to participate in this
Pilot Project. ASLRRA contends ``the data justifies a pilot project to
test its preliminary conclusion that appropriate mitigation techniques
can adequately offset fatigue risks associated with extending the
waiver from midnight to six a.m.''
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the

appropriate docket number and may be submitted by any of the following
methods:
     website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by December 31, 2018 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2018-24825 Filed 11-13-18; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Page 74425]
[FR Doc No: 2016-25840]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14801-000]

Skandana, LLC; Notice of Preliminary Permit Application Accepted
for Filing and Soliciting Comments, Motions To Intervene, and Competing
Applications

    On September 7, 2016, Skandana, LLC, filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act
(FPA), proposing to study the feasibility of the Eagleville
Hydroelectric Project (project) to be located on the Chenango River,
near the Village of Morrisville, Madison County, New York. The sole
purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed project would consist of the following new facilities:
(1) An approximately 750-foot-long and 35-foot-wide concrete dam; (2)
an impoundment with a surface area of 80 acres and a volume of 459.1
acre-feet at a normal water surface elevation of 1,330.0 feet above
mean sea level; (3) a concrete spillway; (4) a steel penstock; (5) a
three story high concrete, wood and steel powerhouse 120 feet wide by
249 feet long; (6) two turbine-generating units with a total installed
capacity of 1,000 kilowatts; (7) a tailrace; (8) an approximately 8-
mile-long, 115-kilovolt transmission line from the powerhouse to the
Cody Road substation; and (9) appurtenant facilities. The estimated
annual generation of the Eagleville Hydroelectric Project would be
8,500,000 kilowatt-hours.
    Applicant Contact: Mr. Stephen T. Helmer, 105 Marangale Road,
Manlius, New York 13104-1008; phone:<PHONE_NUMBER>.
    FERC Contact: Tim Looney; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-14801-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14801) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: October 20, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-25840 Filed 10-25-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 93 (Friday, May 13, 2016)]
[Proposed Rules]
[Pages 29809-29813]
[FR Doc No: 2016-11169]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6666; Directorate Identifier 2015-NM-124-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Boeing Model 737-400 series airplanes. This proposed AD was
prompted by an evaluation by the design approval holder (DAH) which
indicates that the aft fuselage skin is subject to widespread fatigue
damage (WFD) and reports of aft fuselage skin cracking. This proposed
AD would require repetitive inspections to detect cracking of the aft
fuselage skin, inspections to detect missing or loose fasteners and any
disbonding or cracking of bonded doublers, permanent repairs of time-
limited repairs, related investigative and corrective actions if
necessary, and skin panel replacement. We are proposing this AD to
detect and correct cracking in the aft fuselage skin along the
longitudinal edges of the bonded skin doubler, which could result in
possible rapid decompression and reduced structural integrity of the
airplane.

DATES: We must receive comments on this proposed AD by June 27, 2016.

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 http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: 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 proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone: 206-544-
5000, extension 1; fax:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6666.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6666; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Wade Sullivan, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6430; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2016-6666;
Directorate Identifier 2015-NM-124-AD'' at the beginning of your
comments. We specifically invite

comments on the overall regulatory, economic, environmental, and energy
aspects of this proposed AD. We will consider all comments received by
the closing date and may amend this proposed AD because of those
comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Fatigue damage can occur locally, in small areas or structural
design details, or globally, in widespread areas. Multiple-site damage
is widespread damage that occurs in a large structural element such as
a single rivet line of a lap splice joining two large skin panels.
Widespread damage can also occur in multiple elements such as adjacent
frames or stringers. Multiple-site damage and multiple-element damage
cracks are typically too small initially to be reliably detected with
normal inspection methods. Without intervention, these cracks will
grow, and eventually compromise the structural integrity of the
airplane. This condition is known as widespread fatigue damage. It is
associated with general degradation of large areas of structure with
similar structural details and stress levels. As an airplane ages, WFD
will likely occur, and will certainly occur if the airplane is operated
long enough without any intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that DAHs
establish a limit of validity (LOV) of the engineering data that
support the structural maintenance program. Operators affected by the
WFD rule may not fly an airplane beyond its LOV, unless an extended LOV
is approved.
    The WFD rule (75 FR 69746, November 15, 2010) does not require
identifying and developing maintenance actions if the DAHs can show
that such actions are not necessary to prevent WFD before the airplane
reaches the LOV. Many LOVs, however, do depend on accomplishment of
future maintenance actions. As stated in the WFD rule, any maintenance
actions necessary to reach the LOV will be mandated by airworthiness
directives through separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
    We have received reports of 29 airplanes with skin panel cracking.
Cracks were found on airplanes with between 22,500 and 44,600 total
airplane cycles. The cracks were found on both the left and the right
hand sides of the airplanes between station 727 and station 947 in the
skin panels between stringer S-20 and S-25. The cracks ranged in
lengths from between 0.25 inches to 5.5 inches.
    During certain inspections, additional chem-mill step cracks have
been discovered. On the existing skin panel assemblies, the doubler is
chemically milled to create pockets of various depths. At these skin
panel locations on the airplane, the loads could cause a condition
where skin cracks form along the longitudinal edges of the doubler. If
not corrected, skin cracks could extend to multiple bays and result in
possible rapid decompression and loss of structural integrity of the
airplane.

Other Related Rulemaking

    On September 25, 2009, we issued AD 2009-21-01, Amendment 39-16038
(74 FR 52395, October 13, 2009) (``AD 2009-21-01''), for certain Boeing
Model 737-300 and 737-400 series airplanes. AD 2009-21-01 requires
repetitive inspections to detect cracking of the aft fuselage skin, and
related investigative/corrective actions if necessary.
    We have determined that, in this case, a less burdensome approach
is to issue separate ADs applicable only to each model type. Therefore,
this proposed AD is applicable to certain Model 737-400 series
airplanes. We are considering issuing additional rulemaking that will
supersede AD 2009-21-01 and apply to Model 737-300 series airplanes.
    Although this proposed AD does not supersede AD 2009-21-01, this
proposed AD would retain all of the requirements of AD 2009-21-01 for
Model 737-400 series airplanes, except the skin panel replacement is
terminating action only if the skin panel replacement is done with a
production skin panel after 53,000 total flight cycles. Those
requirements are referenced in Special Attention Service Bulletin 737-
53-1187, Revision 3, dated July 10, 2015, which, in turn, is referenced
in paragraph (g) of this proposed AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Special Attention Service Bulletin 737-53-1187,
Revision 3, dated July 10, 2015. The service information describes
procedures for doing inspections of the fuselage skin, repairs, and
skin panel replacement. 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

    We are proposing this AD because we 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.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously, except as discussed
under ``Differences Between this Proposed AD and the Service
Information.'' For information on the procedures and compliance times,
see this service information at http://www.regulations.gov by searching
for and locating Docket No. FAA-2016-6666.
    The phrase ``related investigative actions'' is used in this
proposed AD. ``Related investigative actions'' are follow-on actions
that (1) are related to the primary action, and (2) further investigate
the nature of any condition found. Related investigative actions in an
AD could include, for example, inspections.
    The phrase ``corrective actions'' is used in this proposed AD.
``Corrective actions'' are actions that correct or address any
condition found. Corrective actions in an AD could include, for
example, repairs.

Differences Between This Proposed AD and the Service Information

    Boeing Special Attention Service Bulletin 737-53-1187, Revision 3,
dated July 10, 2015, specifies to contact the manufacturer for
instructions on how to repair certain conditions and also to obtain
certain work instructions, but this proposed AD would require repairing
those conditions and also to

obtain those work instructions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.
    Table 7 of paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 737-53-1187, Revision 3, dated July 10,
2015, specifies post-repair airworthiness limitation inspections in
compliance with 14 CFR 25.571(a)(3) at the repaired locations, which
support compliance with 14 CFR 121.1109(c)(2) or 129.109(b)(2). As
airworthiness limitations, these inspections are required by
maintenance and operational rules. It is therefore unnecessary to
mandate them in this AD. Deviations from these inspections require FAA
approval, but do not require an alternative method of compliance. This
difference has been coordinated with Boeing.

Explanation of Compliance Time

    The compliance time for the modification specified in this proposed
AD for addressing WFD was established to ensure that discrepant
structure is modified before WFD develops in airplanes. Standard
inspection techniques cannot be relied on to detect WFD before it
becomes a hazard to flight. We will not grant any extensions of the
compliance time to complete any AD-mandated service bulletin related to
WFD without extensive new data that would substantiate and clearly
warrant such an extension.

Costs of Compliance

    We estimate that this proposed AD affects 84 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspections....................  Up to 1,568                          $0  Up to $133,280....  Up to $11,195,520.
                                  work[dash]hours x $85
                                  per hour = Up to
                                  $133,280.
Skin replacement...............  698 work-hours x $85           $185,147  $244,477..........  $20,536,068.
                                  per hour = $59,330.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that
would be required based on the results of the proposed inspections. We
have no way of determining the number of aircraft that might need these
repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                            Labor cost                Parts cost        Cost per product
----------------------------------------------------------------------------------------------------------------
Time limited repair.................  24 work-hours x $85 per hour =             \[1]\   $2,040 per repair.
                                       $2,040 per repair.
Permanent repair....................  Up to 39 work[dash]hours x $85             \[1]\   Up to $3,315 per
                                       per hour = $3,315 per repair.                      repair.
----------------------------------------------------------------------------------------------------------------
\[1]\ We have received no definitive data that would enable us to provide the part cost estimates for the on-
  condition actions specified in this proposed AD.

    We estimate the following costs to do any necessary post-repair
inspections that would be required. We have no way of determining the
number of aircraft that might need these inspections:

                                          Post-Repair Inspection Costs
----------------------------------------------------------------------------------------------------------------
               Action                            Labor cost                Parts cost        Cost per product
----------------------------------------------------------------------------------------------------------------
Post-repair inspection..............  Up to 7 work[dash]hours x $85                 $0   Up to $595.
                                       per hour = $595.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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 this 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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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

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):

The Boeing Company: Docket No. FAA-2016-6666; Directorate Identifier
2015-NM-124-AD.

(a) Comments Due Date

    We must receive comments by June 27, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Boeing Model 737-400 series airplanes,
certificated in any category, as identified in Boeing Special
Attention Service Bulletin 737-53-1187, Revision 3, dated July 10,
2015.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder (DAH) which indicates that the aft fuselage skin is subject
to widespread fatigue damage (WFD) and reports of aft fuselage skin
cracking. We are issuing this AD to detect and correct cracking in
the aft fuselage skin along the longitudinal edges of the bonded
skin doubler, which could result in possible rapid decompression and
reduced structural integrity of the airplane.

(f) Compliance

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

(g) Inspections, Related Investigative and Corrective Actions

    At the applicable times specified in tables 1, 2, and 3 of
paragraph 1.E., ``Compliance,'' of Boeing Special Attention Service
Bulletin 737-53-1187, Revision 3, dated July 10, 2015, except as
provided by paragraph (h)(1) and (h)(2) of this AD: Do the
applicable inspections to detect cracks in the aft fuselage skin
panels; and do all applicable related investigative and corrective
actions; in accordance with the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 737-53-1187, Revision 3,
dated July 10, 2015, except as required by paragraphs (h)(3) and
(h)(4) of this AD. Do all applicable related investigative and
corrective actions before further flight. Repeat the applicable
inspections thereafter at the applicable intervals specified in
tables 1, 2, and 3 of paragraph 1.E., ``Compliance,'' of Boeing
Special Attention Service Bulletin 737-53-1187, Revision 3, dated
July 10, 2015. Accomplishment of a repair in accordance with ``Part
4: Repair'' of the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-53-1187, Revision 3, dated July 10,
2015, except as required by paragraph (h)(3) of this AD, is
terminating action for the repetitive inspections required by this
paragraph at the repaired locations only.

(h) Exceptions to Boeing Special Attention Service Bulletin 737-53-
1187, Revision 3, Dated July 10, 2015

    (1) Where Boeing Special Attention Service Bulletin 737-53-1187,
Revision 3, dated July 10, 2015, specifies compliance times ``after
the Revision 3 date of this service bulletin,'' this AD requires
compliance within the specified compliance times after the effective
date of this AD.
    (2) The Condition column of Paragraph 1.E., ``Compliance,'' of
Boeing Special Attention Service Bulletin 737-53-1187, Revision 3,
dated July 10, 2015, refers to airplanes in certain configurations
as of the ``issue date of Revision 3 of this service bulletin.''
However, this AD applies to airplanes in the specified
configurations ``as of the effective date of this AD.''
    (3) Where Boeing Special Attention Service Bulletin 737-53-1187,
Revision 3, dated July 10, 2015, specifies contacting Boeing for
repair instructions or work instructions, before further flight,
repair or perform the work instructions using a method approved in
accordance with the procedures specified in paragraph (n) of this
AD, except as required by paragraph (h)(4) of this AD.
    (4) For airplanes on which an operator has a record that a skin
panel was replaced with a production skin panel before 53,000 total
flight cycles: At the applicable time for the next inspection as
specified in tables 1, 2, and 3 of paragraph 1.E., ``Compliance,''
of Boeing Special Attention Service Bulletin 737-53-1187, Revision
3, dated July 10, 2015, except as provided by paragraph (h)(1) and
(h)(2) of this AD: Perform inspections and applicable corrective
actions using a method approved in accordance with the procedures
specified in paragraph (n) of this AD.

(i) Actions for Airplanes With a Time Limited Repair Installed

    (1) For airplanes with a time limited repair installed as
specified in Boeing Service Bulletin 737-53-1187, Revision 2, dated
May 9, 2007: At the applicable times specified in table 4 of
paragraph 1.E., ``Compliance,'' of Boeing Special Attention Service
Bulletin 737-53-1187, Revision 3, dated July 10, 2015, except as
provided by paragraphs (h)(1) and (h)(2) of this AD: Do the actions
specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this AD.
    (i) Do the applicable inspections to detect missing or loose
fasteners and any disbonding or cracking of bonded doublers; and do
all applicable related investigative and corrective actions; in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-53-1187, Revision 3, dated July 10,
2015, except as required by paragraph (h)(3) of this AD. Do all
applicable related investigative and corrective actions before
further flight. Repeat the applicable inspections thereafter at the
applicable intervals specified in table 4 of paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1187, Revision 3, dated July 10, 2015.
    (ii) Make the time limited repair permanent; and do all
applicable related investigative and corrective actions; in
accordance the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-53-1187, Revision 3, dated July 10,
2015, except as required by paragraph (h)(3) of this AD. Do all
applicable related investigative and corrective actions before
further flight. Accomplishing the permanent repair required by this
paragraph terminates the inspections required by paragraph (i)(1)(i)
of this AD for the permanently repaired area only.
    (2) For airplanes with a time limited repair installed as
specified in Boeing Special Attention Service Bulletin 737-53-1187,
Revision 3, dated July 10, 2015: At the applicable times specified
in table 5 of paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 737-53-1187, Revision 3, dated July 10,
2015, except as provided by paragraph (h)(2) of this AD: Do the
actions specified in paragraphs (i)(2)(i) and (i)(2)(ii) of this AD.
    (i) Do the applicable inspections to detect missing or loose
fasteners and any disbonding or cracking of bonded doublers; and do
all applicable corrective actions; in accordance with the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-53-1187, Revision 3, dated July 10, 2015, except as
required by paragraph (h)(3) of this AD. Do all applicable
corrective actions before further flight. Repeat the applicable
inspections thereafter at the applicable intervals specified in
table 5 of paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 737-53-1187, Revision 3, dated July 10,
2015.
    (ii) Make the time limited repair permanent; and do all
applicable related investigative and corrective actions; in
accordance the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-53-1187, Revision 3, dated July 10,
2015, except as required by paragraph (h)(3) of this AD. Do all
applicable related investigative and corrective actions before
further flight. Accomplishing the permanent repair required by this
paragraph terminates the inspections required by paragraph (i)(2)(i)
of this AD for the permanently repaired area only.

(j) Modification of Certain Permanent Repairs

    For airplanes with an existing time limited repair that was made
permanent as specified in Boeing Service Bulletin 737-53-1187,

Revision 2, dated May 9, 2007: At the applicable time specified in
table 6 of paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 737-53-1187, Revision 3, dated July 10,
2015, except as provided by paragraph (h)(1) of this AD: Modify the
existing permanent repair; and do all applicable related
investigative and corrective actions; in accordance the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-53-1187, Revision 3, dated July 10, 2015, except as
required by paragraph (h)(3) of this AD. Do all applicable related
investigative and corrective actions before further flight.

(k) Post-Repair Inspections

    Table 7 of paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 737-53-1187, Revision 3, dated July 10,
2015, specifies post-repair airworthiness limitation inspections in
compliance with 14 CFR 25.571(a)(3) at the repaired locations, which
support compliance with 14 CFR 121.1109(c)(2) or 129.109(b)(2). As
airworthiness limitations, these inspections are required by
maintenance and operational rules. It is therefore unnecessary to
mandate them in this AD. Deviations from these inspections require
FAA approval, but do not require an alternative method of
compliance.

(l) Skin Panel Replacement

    At the later of the times specified in paragraphs (l)(1) and
(l)(2) of this AD: Replace the applicable skin panels, and do all
applicable related investigative and corrective actions, in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-53-1187, Revision 3, dated July 10,
2015. Do all applicable related investigative and corrective actions
before further flight. Doing the skin panel replacement required by
this paragraph terminates the inspection requirements of paragraphs
(g), (i), and (j) of this AD for that skin panel only, provided the
skin panel replacement was done with a production skin panel after
53,000 total flight cycles.
    (1) Before 60,000 total flight cycles, but not before 53,000
total flight cycles.
    (2) Within 6,000 flight cycles after the effective date of this
AD, but not before 53,000 total flight cycles.

(m) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Service Bulletin 737-53-1187,
Revision 2, dated May 9, 2007, except as required by paragraph
(h)(4) of this AD. Boeing Service Bulletin 737-53-1187, Revision 2,
dated May 9, 2007, was incorporated by reference in AD 2009-21-01,
Amendment 39-16038 (74 FR 52395, October 13, 2009) (``AD 2009-21-
01'').
    (2) This paragraph provides credit for the actions required by
paragraph (l) of this AD, if those actions were performed before the
effective date of this AD using Boeing Service Bulletin 737-53-1187,
Revision 2, dated May 9, 2007, except as required by paragraph
(h)(4) of this AD; provided the skin panel replacement was done with
a production skin panel after 53,000 total flight cycles. Boeing
Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007, was
incorporated by reference in AD 2009-21-01.
    (3) This paragraph provides credit for the actions required by
paragraph (l) of this AD, if those actions were performed before
November 17, 2009 (the effective date of AD 2009-21-01) using Part
III of the Accomplishment Instructions of Boeing Service Bulletin
737-53-1187, dated November 2, 1995; or Part III of the
Accomplishment Instructions of Boeing Service Bulletin 737-53-1187,
Revision 1, dated January 16, 1997, except as required by paragraph
(h)(4) of this AD; provided the skin panel replacement was done with
a production skin panel after 53,000 total flight cycles. Boeing
Service Bulletin 737-53-1187, dated November 2, 1995; and Boeing
Service Bulletin 737-53-1187, Revision 1, dated January 16, 1997;
are not incorporated by reference in this AD.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (o)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane and the approval must
specifically refer to this AD.
    (4) AMOCs approved for repairs for AD 2009-21-01 are approved as
AMOCs for the corresponding provisions of paragraph (g) of this AD.
    (5) AMOCs approved for previous modifications done as optional
terminating action for AD 2009-21-01 are approved as AMOCs for the
modification required by paragraph (l) of this AD provided the
previous modification was done after the airplane had accumulated
53,000 total flight cycles or more.

(o) Related Information

    (1) For more information about this AD, contact Wade Sullivan,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone: 206-544-
5000, extension 1; fax:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.

    Issued in Renton, Washington, on May 4, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.

[FR Doc. 2016-11169 Filed 5-12-16; 8:45 am]
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