[Federal Register Volume 84, Number 40 (Thursday, February 28, 2019)]
[Notices]
[Pages 6792-6793]
[FR Doc No: 2019-03562]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-0639]

Science Advisory Board to the National Center for Toxicological
Research Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) announces a
forthcoming public advisory committee meeting of the Science Advisory
Board (SAB) to the National Center for Toxicological Research (NCTR).
The general function of the committee is to provide advice and
recommendations to the Agency on research being conducted at the NCTR.
At least one portion of the meeting will be closed to the public.

DATES: The meeting will be held on March 19, 2019, from 8 a.m. to 5:45
p.m., and on March 20, 2019, from 8 a.m. to 11:30 a.m.

ADDRESSES: Heifer Village, 1 World Avenue, Little Rock, AR 72202.
Answers to commonly asked questions including information regarding
special accommodations due to a disability, visitor parking, and
transportation may be accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm and https://www.heifer.org/what-you-can-do/experience-heifer/heifer-village/index.html.

FOR FURTHER INFORMATION CONTACT: Donna Mendrick, National Center for
Toxicological Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 32, Rm. 2208, Silver Spring, MD 20993-0002, 301-
796-8892; or FDA Advisory Committee Information Line, 1-800-741-8138
(301-443-0572 in the Washington, DC area). A notice in the Federal
Register about last minute modifications that impact a previously
announced advisory committee meeting cannot always be published quickly
enough to provide timely notice. Therefore, you should always check the
Agency's website at https://www.fda.gov/AdvisoryCommittees/default.htm
and scroll down to the appropriate advisory committee meeting link, or
call the advisory committee information line to learn about possible
modifications before coming to the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: On March 19, 2019, the SAB Chair will welcome the
participants, and the NCTR Director will provide a Center-wide update
on scientific initiatives and accomplishments during the past year. The
SAB will be presented with an overview of the SAB Subcommittee Site
Visit Report and a response to this review. There will be updates from
the NCTR Research Divisions and a public comment session.
    On March 20, 2019, there will be a statement given by the FDA Chief
Scientist. The Center for Biologics and Evaluation and Research, Center
for Drug Evaluation and Research, Center for Devices and Radiological
Health, Center for Food Safety and Applied Nutrition, and Center for
Tobacco Products will each briefly discuss their center-specific
research strategic needs and potential areas of collaboration.
    Following an open discussion of all the information presented, the
open session of the meeting will close so the SAB members can discuss
personnel issues at NCTR at the end of each day.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's website after the meeting. Background material is
available at https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: On March 19, 2019, from 8 a.m. to 5:45 p.m., and March
20, 2019, from 8 a.m. to 11:30 a.m., the meeting is open to the public.
Interested persons may present data, information, or views, orally or
in writing, on issues pending before the committee. Written submissions
may be made to the contact person on or before March 12, 2019. Oral
presentations from the public will be scheduled between approximately
1:15 p.m. and 2:15 p.m. Those individuals interested in making formal
oral presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before March 14, 2019. Time allotted for each presentation may be
limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by March 14,
2019.

    Closed Committee Deliberations: On March 19, 2019, from 5:45 p.m.
to 6 p.m., and March 20, 2019, from 11:30 a.m. to 12 p.m., the meeting
will be closed to permit discussion where disclosure would constitute a
clearly unwarranted invasion of personal privacy (5 U.S.C. 552b(c)(6)).
This portion of the meeting will be closed to permit discussion of
information concerning individuals associated with the research
programs at NCTR.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Donna Mendrick at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: February 25, 2019.
Lowell J. Schiller,
Acting Associate Commissioner for Policy.
[FR Doc. 2019-03562 Filed 2-27-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 218 (Friday, November 9, 2012)]
[Notices]
[Pages 67429-67431]
[FR Doc No: 2012-27354]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68151; File No. SR-OCC-2012-20]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Clarify the Applicability of OCC's Rules Governing Delivery of Treasury
Securities Underlying Treasury Futures Contracts to Futures on Treasury
Securities With Maturities of Greater Than 25 Years

November 5, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

    Rule 19b-4 thereunder \2\ notice is hereby given that on October
22, 2012, The Options
---------------------------------------------------------------------------

    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    Clearing Corporation (``OCC'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II and III below, which Items have been prepared
primarily by OCC. OCC filed the proposed rule change pursuant to
Section 19(b)(3)(A) \3\ of the Act and Rule 19b-4(f)(4) \4\ thereunder
so that the proposal was effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the rule
change from interested parties.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    OCC proposes to clarify the applicability of OCC's rules governing
delivery of Treasury securities underlying Treasury futures contracts
to futures on Treasury securities with maturities of greater than 25
years.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, OCC included statements
concerning

the purpose of and basis for the proposed rule change and discussed any
comments it received on the proposed rule change. The text of these
statements may be examined at the places specified in Item IV below.
OCC has prepared summaries, set forth in sections (A), (B), and (C)
below, of the most significant aspects of these statements.\5\
---------------------------------------------------------------------------

    \5\ The Commission has modified the text of the summaries
prepared by OCC.
---------------------------------------------------------------------------

(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    The purpose of this proposed rule change is to clarify the
applicability of OCC's Rules governing delivery of Treasury securities
underlying Treasury futures contracts to futures on Treasury securities
with maturities of greater than 25 years, which are currently traded on
ELX Futures, L.P. (``ELX'').
    Clearing members that are, or that represent, the seller of a
physically-settled Treasury future must make delivery of the underlying
Treasury security in accordance with the procedures set forth in Rule
1302B. A clearing member need not deliver Treasury securities of a
particular issue to satisfy a delivery obligation.\6\ Instead,
Interpretation and Policy .02 to Rule 1302B sets forth criteria for
specific Treasury securities that may be delivered in settlement of
Treasury futures contracts. For example, for a Treasury futures
contract with an underlying interest that is a Treasury bond, a
clearing member may deliver Treasury bonds, if not callable, with a
remaining term of at least fifteen years or, if callable, that are not
callable for at least 15 years.
---------------------------------------------------------------------------

    \6\ Subject to the condition that all Treasury securities
delivered against a single physically-settled Treasury futures
contract be of the same issue.
---------------------------------------------------------------------------

    ELX trades futures on Treasury securities of various maturities,
including futures on treasury bonds with a maturity of greater than 25
years (``Ultra-Long Treasury Futures''). Under the rules of ELX,
delivery obligations on Ultra-Long Treasury Futures may be satisfied by
delivering Treasury bonds that, if not callable, have a remaining term
of at least 25 years, or if callable, are not callable for at least 25
years. Interpretation and Policy .02 does not specifically address the
delivery of Treasury bonds with maturities of 25 years or greater
against Ultra-Long Treasury Futures. Accordingly, OCC is proposing to
amend Interpretation and Policy .02 to Rule 1302B to provide that the
characteristics of Treasury securities that may be delivered in
settlement of futures on Treasury securities will be as set forth in
the relevant exchange rules and reflected in OCC's procedures. This
amendment will clarify the applicability of Rule 1302B to Ultra-Long
Treasury Futures, as well as accommodate futures on other Treasury
securities that may be introduced by an exchange at a later date that
allow for delivery of Treasury securities with different maturity dates
than those currently listed in Interpretation and Policy .02.
    OCC believes that the proposed rule change is consistent with the
purposes and requirements of Section 17A of the Securities Exchange Act
of 1934, because they are designed to permit OCC to perform clearing
services for products that are subject to the jurisdiction of the
Commodity Futures Trading Commission (``CFTC'') without adversely
affecting OCC's obligations with respect to the prompt and accurate
clearance and settlement of securities transactions or the protection
of investors and the public interest. The proposed rule change is not
inconsistent with any rules of OCC, including any that are proposed to
be amended.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe the proposed rule change would impose any
burden on competition.

(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants or Others

    Written comments on the proposed rule change were not and are not
intended to be solicited with respect to the proposed rule change and
none have been received.

 III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A)(iii) \7\ of the Act and Rule 19b-4(f)(4)(ii) \8\
thereunder because it affects a change in an existing service of a
registered clearing agency that primarily affects the futures clearing
operations of the clearing agency with respect to futures that are not
security futures and it does not significantly affect any securities
clearing operations of the clearing agency or any related rights or
obligations of the clearing agency or persons using such service. OCC
will delay the implementation of the rule change until it is deemed
certified under CFTC Regulation Sec.  40.6. At any time within 60 days
of the filing of such rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \8\ 17 CFR 240.19b-4(f)(4)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-OCC-2012-20 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-OCC-2012-20. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street
NE., Washington, DC 20549, on official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of OCC and
on OCC's Web site at (http://www.theocc.com/components/docs/legal/rules_and_bylaws/sr_occ_12_20.pdf).
    All comments received will be posted without change; the Commission
does

not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-OCC-2012-20 and should be
submitted on or before November 30, 2012.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-27354 Filed 11-8-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Notices]
[Page 38195]
[FR Doc No: 2011-16387]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1983-DR; Docket ID FEMA-2011-0001]

Mississippi; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Mississippi (FEMA-1983-DR), dated May 11, 2011, and
related determinations.

DATES: Effective Date: June 17, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective June 17, 2011.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-16387 Filed 6-28-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Notices]
[Pages 66706-66707]
[FR Doc No: 2018-27960]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND- 2004-0006; FRL-9988-07-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Community Right-to-Know Reporting
Requirements Under Sections 311 and 312 of the Emergency Planning and
Community Right-to-Know Act (EPCRA) (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Community Right-to-Know Reporting
Requirements under Sections 311 and 312 of the Emergency Planning and
Community Right-to-Know Act (EPCRA) (EPA ICR Number 1352.14, OMB
Control Number 2050-0072), to the Office of Management and Budget (OMB)
for review and approval in accordance with the Paperwork Reduction Act.
This is a proposed extension of the ICR, which is currently approved
through December 31, 2018. Public comments were previously requested
via the Federal Register on July 18, 2018 during a 60-day comment
period. This notice allows for an additional 30 days for public
comments. A fuller description of the ICR is given below, including its
estimated burden and cost to the public. An agency may not conduct or
sponsor and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number.

DATES: Comments must be submitted on or before January 28, 2019.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
SFUND-2004-0006, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Wendy Hoffman, Office of Emergency
Management, Mail Code 5104A, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202)
564-8794; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The authority for these requirements is sections 311 and
312 of the Emergency Planning and Community Right-to-Know Act (EPCRA),
1986 (42 U.S.C. 11011, 11012). EPCRA Section 311 requires owners and
operators of facilities subject to OSHA Hazard Communication Standard
(HCS) to submit a list of chemicals or MSDSs (for those chemicals that
exceed thresholds, specified in 40 CFR part 370) to the State Emergency
Response Commission (SERC) or Tribal Emergency Response Commission
(TERC), Local Emergency Planning Committee (LEPC) or Tribal Emergency
Planning Committee (TEPC) and the local fire department (LFD) with
jurisdiction over their facility. This is a one-time requirement unless
a facility becomes subject to the regulations or has updated
information on the hazardous chemicals that were already submitted by
the facility. EPCRA Section 312 requires owners and operators of
facilities subject to OSHA HCS to submit an inventory form (for those
chemicals that exceed the thresholds, specified in 40 CFR part 370) to
the SERC (or TERC), LEPC (or TEPC), and LFD with jurisdiction over
their facility. This inventory form, Tier II (Emergency and Hazardous
Chemical Inventory Form), is to be submitted on March 1 of each year
and must include the inventory of hazardous chemicals present at the
facility in the previous calendar year.
    On July 13, 2012, EPA published a final rule to add some new data
elements to the facility identification and contact information
sections of the Tier I and Tier II inventory forms. EPA also revised
some existing data elements in the chemical reporting section of the
Tier II form to ease reporting for facilities and make the forms more
user-friendly for state and local agencies. The data elements that EPA
added to the forms were requested by state and local agencies to
improve their emergency response plans and response coordination during
an emergency. The additional data elements, including general facility
identification and contact information for the parent company, owner or
operator of the company, facility emergency coordinator etc., are
readily available to facilities and usually do not change from year to
year. The burden and costs for adding these data elements, including
one-time burden for familiarization by respondents and software updates
by state agencies, as well as the additional annual burden, are
approved under OMB Control Number 2050-0206. The facility-level burden
to complete the new and revised data elements of per facility approved
under OMB Control Number is being added to this ICR.
    Respondents/affected entities: Manufacturers and non-manufacturers
required to have available a Material Safety Data Sheet (or Safety Data
Sheet) under the OSHA HCS.
    Form Numbers: Tier II Emergency and Hazardous Chemical Inventory
Form, EPA Form No. 8700-30.
    Respondent's obligation to respond: Mandatory (Sections 311 and 312
of EPCRA).
    Estimated number of respondents: 465,692 (includes 3,052 SERCs and
LEPCs).
    Frequency of response: Annual.
    Total estimated burden: 6,963,565 hours (per year). Burden is
defined at 5 CFR 1320.03(b).
    Total estimated cost: $301,067,822 (per year), includes $5,415,824
in annualized capital and operation & maintenance costs.
    Changes in Estimates: There is an increase of 1,048,311 hours
compared to the previous ICR approved by OMB. This increase in burden
is attributable mainly to the 15.66 percent increase in the estimated
number of facilities subject to Tier II reporting, based on a recount
of the number of facilities in the E-Plan database and information
provided by EPA Regions, and the additional burden for Inventory
Reporting Activity from the consolidation of 2050-0206 with this ICR. A
small portion of the change in burden is attributable to the correction
of math errors in the previous ICR renewal.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2018-27960 Filed 12-26-18; 8:45 am]
BILLING CODE 6560-50-P


Early Action Compact Technical Advisory Committee and Public Meeting Tuesday, March 16, 2004  10: 00 AM Two West Second Street 2nd Floor Williams Tower 2 Downtown Tulsa An Oklahoma Early Action Compact Technical Advisory and Public Meeting was held at 10: 00 am on March 16, 2004 at the Tulsa Metro Chamber Conference Room in the Williams Tower 2 in Tulsa, Oklahoma.

Present for the meeting:

Technical Advisory Committee Members: Leon Ashford, DEQ David Branecky, OG& E Energy, Alternate Nancy Graham, INCOG, Primary Bud Ground, AEP Gaylon Pinc, INCOG, Alternate Doug Rex, ACOG Roger Saunders, ODOT Erik Snider, EPA Region 6 Glenn Travis, Sunoco, Alternate Public: Isaac Akem, FAWA Tim Armer, INCOG Marla Benyshek, Conoco Angie Burkhalter, OIPA Bill Cartwright, Tulsa Transit Sarah Frey, Tulsa Chamber of Commerce Perry Friedrich, GRDA Ben Henneke, Clean Air Action Corporation Jerry Lasker, INCOG Ralph Morris, ENVIRON Don Puch, American Airlines Viplav Putta, INCOG Ron Sober, RFS Consulting Cynthia Staals, Tulsa Transit DEQ Staff:

Eddie Terrill Scott Thomas Beverly Botchlet Smith Leon Ashford Julia McWhirter Sign in sheet is attached.

Meeting Summary Beverly Botchlet Smith, DEQ, welcomed everyone to the meeting and stated that the purpose of this meeting was to see and hear the latest information from ENVIRON. She asked that individuals identify themselves when asking questions. She introduced the first person on the agenda, Ralph Morris from ENVIRON, our modeling contractor.

Presentation:

Ralph Morris, ENVIRON, gave a report of Modeling Activities/ Strategy Scenarios, and provided handouts of the modeling results table showing projected 2007 8 hour ozone Design Values for various 2007 emission scenarios, using the observed 1998 2000 8 hour ozone Design Values.

Ralph stated this meeting would be used to determine the status of the Oklahoma Early Action modeling and what the modeling tells us in terms of attainment   following EPA guidance. The main goal is to determine exact writing assignments for the contractor, DEQ, and the COGs to ensure the Clean Air Action Plan ( CAAP), and Weight of Evidence ( WOE) Attainment Demonstration is completed and submitted to EPA by the March 31 deadline.

Ralph also presented a part of the Colorado and New Mexico EAC Modeling Analysis, and results of the University of California at Irvine oil and gas emission sensitivity tests. There were questions/ discussion from the TAC and the public.

The ENVIRON presentations are on the DEQ website Federal Perspective Erik Snider, EPA, talked with the group and fielded questions concerning the Federal Perspective. He stated they are trying to get Phase I of the 8 hour Implementation Plan out by 4/ 15/ 04. Modeling guidance will be after the 15th, a part of the Phase II Implementation Package. 8 hour modeling guidance will be finalized at that point. At this time, changes do not appear to make a direct difference as far as the Oklahoma City Tulsa planning.

Erik also gave a perspective on EACs in other areas, what they were doing. All are in pretty much the same timeframe as Oklahoma. He shared where other Regions were in their EAC modeling. Nancy Graham asked if other areas were meeting standards as we are for future years ( except 2007). Eric answered that no other area compares with Oklahoma as far as their monitoring showing attainment but their modeling coming out above. Questions/ discussion followed.

State Perspective Scott Thomas stated that Oklahoma City and Tulsa are in attainment, and that by working together we can meet all the goals to remain so. DEQ plans to make a submittal in March and go forward from there.

Next Steps Scott Thomas stated that the next steps will be to get together both with the COGS and with Ralph to formulate the Clean Air Action Plan. A brief outline of what it will include is as follows:

  A brief description of entire process   Formation of the committee.   Background of the EACs and further identification of where we are in the state as to the standard throughout the state.   Executive summary of modeling results, which have come out of the modeling analyses.   Control strategies recommended by the local areas, as well as a description and commitment to the voluntary plans  includes ozone alert, clean cities, everything we have.   Detailed description of the transportation control plan  COGs will be asked to help with this.   The last part of the plan will be the description of our commitment, and discussion of our Weight of Evidence, which is an ongoing thing, something we will keep working on throughout the summer months.

Erik Snider suggested that we add local control measures to this.

Recommendations Nancy Graham requested an additional episode for Tulsa. A discussion ensued concerning this recommendation. Eddie Terrill explained that there was no more funding allocated for additional modeling at this time, and he felt that this group's work was completed. The recommendation was not voted on/ accepted.

No recommendations were approved by the Technical Advisory Committee for submission to the Policy Committee at this meeting.

Beverly Smith thanked everyone for coming and stated today's presentations and summary will be on the website.


[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Rules and Regulations]
[Pages 57753-57757]
[FR Doc No: 2014-22469]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0291; Directorate Identifier 2013-NM-137-AD;
Amendment 39-17972; AD 2014-19-04]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2004-03-19,
which applies to certain Airbus Model A320-111, -211 and -231 series
airplanes. AD 2004-03-19 required repetitive inspections for cracking
in the transition and pick-up angles in the lower part of the center
fuselage area, and corrective action if necessary. AD 2004-03-19 also
provided for an optional terminating modification for the repetitive
inspection requirements. This new AD requires accomplishing the
modification by installing washers between the transition pick-up angle
and the pin nuts, and doing related investigative and corrective
actions if necessary. This new AD also adds airplanes to the
applicability of AD 2004-03-19. This AD was prompted by a determination
that the optional terminating modification must be required in order to
address the unsafe condition. We are issuing this AD to prevent fatigue
cracking in the transition and pick-up angles of the lower part of the
center fuselage, which could result in reduced structural integrity of
the wing-fuselage support and fuselage pressure vessel.

DATES: This AD becomes effective October 31, 2014.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 15,
2004 (69 FR 5922, February 9, 2004).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0291; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Airbus,
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email<EMAIL_ADDRESS>Internet http://www.airbus.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
425-227-1221.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2004-03-19, Amendment 39-13463 (69 FR 5922,
February 9, 2004). AD 2004-03-19 applied to certain Airbus Model A320-
111, -211, and -231 series airplanes. The NPRM published in the Federal
Register on May 30, 2014 (79 FR 31057). The NPRM was prompted by a
determination that the optional terminating modification must be

required in order to address the unsafe condition. The NPRM proposed to
require repetitive inspections for cracking in the transition and pick-
up angles in the lower part of the center fuselage area, and corrective
action if necessary. The NPRM also proposed to require a terminating
modification for the repetitive inspection requirements. The NPRM also
proposed to add airplanes to the applicability. We are issuing this AD
to prevent fatigue cracking in the transition and pick-up angles of the
lower part of the center fuselage, which could result in reduced
structural integrity of the wing-fuselage support and fuselage pressure
vessel.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0137, dated July 9, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Airbus Model
A320-111, -211, and -231 series airplanes. The MCAI states:

    During the A320 fatigue test campaign, it has been determined
that fatigue damage could appear on the transition and pick-up angle
between Frame (FR) 35 and FR36.
    This condition, if not detected and corrected, could affect the
structural integrity of the aeroplane.
    To address this potential unsafe condition, DGAC [Direction
G[eacute]n[eacute]rale de l'Aviation Civile] France issued AD 2002-
183 [related to FAA AD 2004-03-19, Amendment 39-13463 (69 FR 5922,
February 9, 2004)], to require repetitive inspections of the center
fuselage pick-up angle between FR35 and FR36, below stringer 30,
left hand (LH) and right hand (RH) sides, and, depending on
findings, accomplishment of applicable corrective action(s).
    Since that [DGAC] AD [2002-183] was issued, a modification was
developed, which has been published through Airbus Service Bulletin
(SB) A320-53-1027 for in-service application, introducing additional
washers below the riveting, which constitutes terminating action for
the repetitive inspections.
    For the reasons described above, this [EASA] AD retains the
requirements of DGAC France AD 2002-183, which is superseded, and
requires modification of the transition and pick-up angle between
FR35 and FR36.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0291-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 31057, May 30,
2014) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in this AD

    Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
    In the NPRM (79 FR 11016, February 27, 2014), we proposed to
prevent the use of repairs that were not specifically developed to
correct the unsafe condition, by requiring that the repair approval
provided by the State of Design Authority or its delegated agent
specifically refer to this FAA AD. This change was intended to clarify
the method of compliance and to provide operators with better
visibility of repairs that are specifically developed and approved to
correct the unsafe condition. In addition, for certain new
requirements, we proposed to change the phrase ``its delegated agent''
to include a design approval holder (DAH) with State of Design
Authority design organization approval (DOA), as applicable, to refer
to a DAH authorized to approve required repairs for the proposed AD.
    No comments were provided to the NPRM (79 FR 11016, February 27,
2014) about these proposed changes. However, a comment was provided for
an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 78285,
December 26, 2013). The commenter stated the following: ``The proposed
wording, being specific to repairs, eliminates the interpretation that
Airbus messages are acceptable for approving minor deviations
(corrective actions) needed during accomplishment of an AD mandated
Airbus service bulletin.''
    This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this AD to obtain corrective actions from a
manufacturer, the actions must be accomplished using a method approved
by the FAA, the European Aviation Safety Agency (EASA), or Airbus's
EASA Design Organization Approval (DOA).
    The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or
other information.
    This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
    Other commenters to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) pointed out that in many cases
the foreign manufacturer's service bulletin and the foreign authority's
MCAI might

have been issued some time before the FAA AD. Therefore, the DOA might
have provided U.S. operators with an approved repair, developed with
full awareness of the unsafe condition, before the FAA AD is issued.
Under these circumstances, to comply with the FAA AD, the operator
would be required to go back to the manufacturer's DOA and obtain a new
approval document, adding time and expense to the compliance process
with no safety benefit.
    Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a
requirement, the FAA will coordinate with affected DAHs and verify they
are prepared to implement means to ensure that their repair approvals
consider the unsafe condition addressed in this AD. Any such
requirements will be adopted through the normal AD rulemaking process,
including notice-and-comment procedures, when appropriate.
    We also have decided not to include a generic reference to either
the ``delegated agent'' or ``DAH with State of Design Authority design
organization approval,'' but instead we have provided the specific
delegation approval granted by EASA for the DAH.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 31057, May 30, 2014) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 31057, May 30, 2014).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 482 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection [retained action from   9 work-hours x $85             $0  $765 per inspection   $18,360 per
 AD 2004-03-19, Amendment 39-       per hour = $765 per                cycle.                inspection cycle
 13463 (69 FR 5922, February 9,     inspection cycle.                                        (24 airplanes).
 2004)].
Inspection for Model A320-212      9 work-hours x $85             $0  $765 per inspection   $32,130 per
 airplanes [new action].            per hour = $765 per                cycle.                inspection cycle
                                    inspection cycle.                                        (42 airplanes).
Terminating modification [new      28 work-hours x $85        $1,837  $4,217..............  $2,032,594.
 action].                           per hour = $2,380.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0291; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

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 removing Airworthiness Directive (AD)
2004-03-19, Amendment 39-13463 (69 FR 5922, February 9, 2004), and
adding the following new AD:

2014-19-04 Airbus: Amendment 39-17972. Docket No. FAA-2014-0291;
Directorate Identifier 2013-NM-137-AD.

(a) Effective Date

    This AD becomes effective October 31, 2014.

(b) Affected ADs

    This AD replaces AD 2004-03-19, Amendment 39-13463 (69 FR 5922,
February 9, 2004).

(c) Applicability

    This AD applies to Airbus Model A320-111, -211, -212, and -231
airplanes, certificated in any category, all manufacturer serial
numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by the determination that the modification
must be accomplished in order to address the unsafe condition. We
are issuing this AD to prevent fatigue cracking in the transition
and pick-up angles of the lower part of the center fuselage, which
could result in reduced structural integrity of the wing-fuselage
support and fuselage pressure vessel.

(f) Compliance

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

(g) Retained Detailed and Rotating Probe Inspections

    This paragraph restates the requirements of paragraph (b) of AD
2004-03-19, Amendment 39-13463 (69 FR 5922, February 9, 2004). For
Model A320-111, -211, and -231 airplanes on which the modification
specified in AD 98-12-18, Amendment 39-10573 (63 FR 31345, June 9,
1998), has not been done: Do the applicable inspections specified in
paragraphs (g)(1) and (g)(2) of this AD, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-53-1028,
Revision 01, dated February 12, 2002.
    (1) For airplanes on which the inspections required by AD 98-12-
18, Amendment 39-10573 (63 FR 31345, June 9, 1998), have been done:
Within 12,000 flight cycles after accomplishment of the last
inspection required by AD 98-12-18, do a detailed inspection of the
transition angle and a rotating probe inspection of the pick-up
angle in the lower part of the center fuselage area for cracking.
    (2) For airplanes on which the inspections required by AD 98-12-
18, Amendment 39-10573 (63 FR 31345, June 9, 1998), have not been
done: At the later of the times specified in paragraphs (g)(2)(i)
and (g)(2)(ii) of this AD, do a detailed inspection of the
transition angle and a rotating probe inspection of the pick-up
angle in the lower part of the center fuselage area for cracking.
    (i) Before the accumulation of 10,400 total flight cycles, or
24,600 total flight hours, whichever is first.
    (ii) Before the accumulation of 16,000 total flight cycles, or
within 3,500 flight cycles after March 15, 2004 (the effective date
of AD 2004-03-19, Amendment 39-13463 (69 FR 5922, February 9, 2004),
whichever is first.

(h) Retained Repetitive Inspections

    This paragraph restates the requirements of paragraph (c) of AD
2004-03-19, Amendment 39-13463 (69 FR 5922, February 9, 2004). For
Model A320-111, -211, and -231 airplanes: Repeat the detailed and
rotating probe inspections specified in paragraphs (g)(1) and (g)(2)
of this AD at intervals not to exceed 10,400 flight cycles or 24,600
flight hours, whichever is first, until the modification specified
in paragraph (m) of this AD has been done.

(i) Retained Corrective Action for Paragraphs (g) and (h) of This AD

    This paragraph restates the requirements of paragraph (d) of AD
2004-03-19, Amendment 39-13463 (69 FR 5922, February 9, 2004), with
specific delegation approval language. For Model A320-111, -211, and
-231 airplanes: If any cracking is found during any inspection
required by paragraph (g) or (h) of this AD, prior to further
flight, either repair the cracking per the Accomplishment
Instructions of Airbus Service Bulletin A320-53-1028, Revision 01,
dated February 12, 2002; or do the modification specified in
paragraph (m) of this AD. Where Airbus Service Bulletin A320-53-
1028, Revision 01, dated February 12, 2002, specifies to contact the
manufacturer for repair instructions, prior to further flight,
repair the cracking in accordance with a method approved by the
Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the European Aviation Safety Agency (EASA); or
Airbus's EASA Design Organization Approval (DOA); or the Direction
G[eacute]n[eacute]rale de l'Aviation Civile (or its delegated
agent). If the cracking is repaired, repeat the inspections as
required by paragraph (h) of this AD.

(j) New Detailed and Rotating Probe Inspections for Model A320-212
Airplanes

    For Model A320-212 airplanes on which the modification specified
in Airbus Service Bulletin A320-53-1027 has not been done as of the
effective date of this AD: Do the applicable inspections specified
in paragraph (j)(1) or (j)(2) of this AD, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-53-1028,
Revision 01, dated February 12, 2002.
    (1) For airplanes on which the inspections specified in Airbus
Service Bulletin A320-53-1028 have been done as of the effective
date of this AD: At the later of the times specified in paragraphs
(j)(1)(i) and (j)(1)(ii) of this AD, do a detailed inspection of the
transition angle and a rotating probe inspection of the pick-up
angle in the lower part of the center fuselage area for cracking.
    (i) Within 10,400 flight cycles or 24,600 flight hours,
whichever occurs first after accomplishing the most recent
inspection specified in Airbus Service Bulletin A320-53-1028.
    (ii) Within 90 days after the effective date of this AD.
    (2) For airplanes on which the inspections specified in Airbus
Service Bulletin A320-53-1028 have not been done as of the effective
date of this AD: At the later of the times specified in paragraphs
(j)(2)(i) and (j)(2)(ii) of this AD, do a detailed inspection of the
transition angle and a rotating probe inspection of the pick-up
angle in the lower part of the center fuselage area for cracking.
    (i) Before the accumulation of 10,400 total flight cycles, or
24,600 total flight hours, whichever occurs first.
    (ii) Within 90 days after the effective date of this AD.

(k) New Repetitive Inspections for Model A320-212 Airplanes

    For Model A320-212 airplanes: Repeat the detailed and rotating
probe inspections specified in paragraphs (j)(1) and (j)(2) of this
AD at intervals not to exceed 10,400 flight cycles or 24,600 flight
hours, whichever occurs first, until the modification specified in
paragraph (m) of this AD has been done.

(l) New Corrective Action for Model A320-212 Airplanes

    For Model A320-212 airplanes: If any cracking is found during
any inspection required by paragraph (j) or (k) of this AD, before
further flight, do the actions specified in either paragraph (l)(1)
or (l)(2) of this AD.
    (1) Repair the crack in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-53-1028, Revision 01,
dated February 12, 2002, except where Airbus Service Bulletin A320-
53-1028, Revision 01, dated February 12, 2002, specifies to contact
the manufacturer, before further flight, repair using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA); or Airbus's EASA Design Organization Approval (DOA). After
the cracking is repaired, repeat the inspections required by
paragraph (k) of this AD.
    (2) Do the modification specified in paragraph (m) of this AD.

(m) New Terminating Modification for All Airplanes

    For all airplanes: Before the accumulation of 40,000 flight
cycles since first flight, or within 1,500 flight cycles after the
effective date of this AD, whichever occurs later, but not exceeding
48,000 flight cycles since first flight, modify by doing rotating
probe inspections for cracking of certain fastener holes, replacing
transition angles if any cracking is found in the transition angles,
repairing if any pick-up angles cracking is found, and installing
washers between the transition pick-up angle and the pin nuts; in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-53-1027, Revision 03, dated February 12, 2002, except
where Airbus Service Bulletin A320-53-1027, Revision 03, dated
February 12, 2001, specifies to contact Airbus, before further
flight, repair using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). Accomplishment of this modification
terminates the repetitive inspections required by paragraphs (h) and
(k) of this AD.

(n) Terminating Modification

    For airplanes on which Airbus Modification 21202 has been
embodied in production: No actions are required by this AD.

(o) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraph (j) of this AD, if those actions were performed before the
effective date of this AD using Airbus Service Bulletin A320-53-
1028, dated March 1, 1994, which was incorporated by reference in AD
98-12-18, Amendment 39-10573 (63 FR 31345, June 9, 1998).
    (2) This paragraph provides credit for the action specified in
paragraph (m) of this AD, if that action was performed before the
effective date of this AD using the service information specified in
paragraph (o)(2)(i), (o)(2)(ii), or (o)(2)(iii) of this AD, which is
not incorporated by reference in this AD.
    (i) Airbus Service Bulletin A320-53-1027, dated March 1, 1994.
    (ii) Airbus Service Bulletin A320-53-1027, Revision 1, dated
September 5, 1994.
    (iii) Airbus Service Bulletin A320-53-1027, Revision 2, dated
June 8, 1995 (which was incorporated by reference in AD 98-12-18,
Amendment 39-10573 (63 FR 31345, June 9, 1998)).

(p) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office. The AMOC approval letter must specifically
reference this AD.
    (ii) AMOCs approved previously in accordance with AD 2004-03-19,
Amendment 39-13463 (69 FR 5922, February 9, 2004), are approved as
AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA); or Airbus's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.

(q) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2013-
0137, dated July 9, 2013, for related information. You may examine
the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0291-0002.
    (2) Service information identified in this AD that is not
incorporated by reference in this AD is available at the addresses
specified in paragraphs (r)(4) and (r)(5) of this AD.

(r) 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 this AD specifies otherwise.
    (3) The following service information was approved for IBR on
March 15, 2004 (69 FR 5922, February 9, 2004).
    (i) Airbus Service Bulletin A320-53-1027, Revision 03, dated
February 12, 2002.
    (ii) Airbus Service Bulletin A320-53-1028, Revision 01, dated
February 12, 2002.
    (4) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com.
    (5) You may view this 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
425-227-1221.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 12, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-22469 Filed 9-25-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Notices]
[Pages 54267-54269]
[FR Doc No: 2019-22065]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0342]

Hours of Service of Drivers: American Concrete Pumping
Association (ACPA); Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemption; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the American Concrete
Pumping Association (ACPA) exemption from the 30-minute rest break
requirement in the Agency's hours-of-service (HOS) regulations for
commercial motor vehicle (CMV) drivers. The exemption enables all
concrete pump operators, concrete pumping companies, and drivers who
operate concrete pumps in interstate commerce to count on-duty time
while attending equipment but performing no other work-related activity
toward the 30-minute rest break provision of the HOS regulations. FMCSA
has analyzed the exemption application and the public comments and has
determined that the exemption, subject to the terms and conditions
imposed, will achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption.

DATES: The renewed exemption is effective October 9, 2019 and will
expire October 9, 2024. Comments must be received November 8, 2019.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2016-0342 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line FDMS is available 24 hours each
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. 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
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Ms. Pearlie Robinson, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2016-0342) indicate the specific section of this document
to which the comment applies, and provide a reason for suggestions or
recommendations. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the

body of your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put
the docket number, ``FMCSA-2016-0342'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must provide an opportunity for public comment on the
request.
    The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must specify the effective period and explain the
terms and conditions of the exemption. The exemption may be renewed (49
CFR 381.300(b)).
    Because this document renews without substantive change an
exemption previously granted after public notice and consideration of
the comments received, FMCSA finds, pursuant to the good-cause
exception in 49 U.S.C. 553(b), that additional notice and opportunity
for comment are unnecessary. Since this notice grants an exemption and
relieves a restriction, 49 U.S.C. 553(d)(1) allows the exemption to be
made effective upon publication.

III. Background

    On December 27, 2011 (76 FR 81133), FMCSA published a final rule
amending its HOS regulations for drivers of property-carrying CMVs. The
final rule adopted several changes to the HOS regulations including a
new provision requiring drivers to take a rest break of at least 30
minutes during the work day under certain circumstances.
    FMCSA did not specify when drivers must take the break but the rule
requires that they wait no longer than 8 hours after the last off-duty
period of 30 minutes or more to take it if they want to drive a CMV.
Drivers who already take shorter breaks during the work day could
comply with the rule by extending one of those breaks to 30 minutes.
The new requirement took effect on July 1, 2013.

IV. Request for Exemption

    On March 21, 2017, FMCSA granted ACPA an exemption from the 30-
minute break rule in 49 CFR 395.3(a)(3)(ii) (82 FR 14595). On November
1, 2018, the Agency granted ACPA an exemption from the requirements of
49 CFR 395.1(e)(1)(ii)(A) concerning the 12-hour limit in the short-
haul exception, allowing drivers up to 14 hours to return to the work-
reporting location. At that time, the Agency believed the short-haul
exemption eliminated the need for a separate exemption from the 30-
minute rest break provision. Subsequently, the Agency learned that some
ACPA members continue to need relief from the 30-minute rest break
despite the newly granted exemption from the short-haul 12-hour limit.
Therefore, ACPA applied for renewal of an exemption from the 30-minute
rest break provision [49 CFR 395.3(a)(3)(ii)].
    The previously granted exemption excused qualifying concrete pump
operators, concrete pumping companies, and drivers who operate concrete
pumps in interstate commerce from the requirement to take the 30-minute
break. The ACPA represents more than 600 member companies who employ
over 7,000 workers nationwide. The renewed exemption applies to all
interstate operations of concrete pumper trucks and their operators,
regardless of the motor carrier or membership in ACPA. Although many of
the trucks operate intrastate and would therefore not be covered by an
FMCSA exemption, an unknown number of the pumping trucks are operated
in metropolitan areas and do cross State lines routinely.\1\
---------------------------------------------------------------------------

    \1\ FMCSA does not have jurisdiction over intrastate
transportation; however, most States have commercial motor vehicle
statutes and regulations that are compatible with Federal
regulations. An FMCSA exemption only applies to interstate
transportation, although some States honor them for intrastate
traffic.
---------------------------------------------------------------------------

    ACPA requests the exemption because it states that the mandatory
30-minute rest break increases the risk of technical complications and
potentially costly problems at job sites. A mandatory 30-minute break
during which the concrete pump operator is ``off duty'' would require
the pump to be shut down and likely cleaned out. Stopping the flow of
concrete through the pump creates the risk of introducing air in the
pump's pipe system, which, in turn, could cause hose-whipping that can
injure the pump operator and any personnel within reach of the hose.
According to ACPA, concrete pump operators take rest breaks throughout
the day; therefore, an additional 30-minute rest break does not enhance
job safety.
    ACPA added that concrete is a perishable product which creates
difficult schedule coordination issues since it is needed on a just-in-
time basis. ACPA continues to explain that concrete pump operators
cannot plan the timing of the 30-minute break, as they cannot interrupt
their work activity without the threat of failure--failure to accept
and deliver concrete within its perishable limits and failure to comply
with their contracts. Once the ingredients of ready-mixed concrete have
been combined, there is a brief window during which the product can be
pumped (roughly 90 minutes before the concrete hardens). Should the
concrete pump operator be required to take the 30-minute rest break, it
would cause a ripple effect on the ready-mixed concrete trucks in line
to supply the pump. Per ACPA, such a delay could cost thousands of
dollars to rectify and could potentially violate a delivery contract.
Once the concrete pump starts to receive a delivery, it must be
completed without disruption to conduct a safe and structurally sound
pour.
    ACPA asserts that renewing this exemption would achieve the same
level of safety provided by the rule requiring the 30-minute rest
break. The Association stated that the concrete pumping industry has a
``solid'' safety record. ACPA's Operation Certification Program
ensures, encourages, and educates the industry on safe pumping and
placement procedures. These safety practices allow concrete operators
to maintain their safety record through careful training and well-
developed safety guidelines.

V. FMCSA Decision

    FMCSA has received no reports of accidents attributable to the
previous 30-minute exemption. The renewal of the exemption, subject to
the terms and conditions imposed, will achieve a level of safety that
is equivalent to, or greater than, the level that would be achieved
absent such exemption. It is important to note that the Agency is not
granting a complete exemption from the 30-minute rest break provision
required by 49 CFR 395.3(a)(iii)(2). Instead, FMCSA is granting an
exemption for concrete pump operators and drivers who remain with the
CMV (i.e., wait) while not performing any other work-related activities
to count that time toward the 30-minute break. The only subject of the
exemption is the duty status of the driver while ``waiting'' with the
vehicle during a required rest break. The Agency grants the exemption
request subject to the terms and conditions in this notice.

VI. Terms and Conditions of the Exemption

     Drivers who deliver, set up, and operate concrete pumps in
interstate commerce across the United States, and all concrete pump
operators and concrete pumping companies and drivers, are exempt from
the requirement for a 30-minute rest break in Section 395.3(a)(3)(ii),
in that they may count ``waiting'' periods when they are performing no
work activity as the required 30-minute break.
     Drivers must possess a copy of this exemption while
operating under the terms of the exemption. The exemption document must
be presented to law enforcement officials upon request.
     All motor carriers operating under this exemption must
have a ``Satisfactory'' safety rating with FMCSA, or be ``unrated.''
Motor carriers with ``Conditional'' or ``Unsatisfactory'' FMCSA safety
ratings are prohibited from using this exemption.

Period of the Exemption

    This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) has
a retroactive effective date of March 17, 2019 through March 17, 2024,
11:59 p.m. local time.

Extent of the Exemption

    This exemption is limited to the provisions of 49 CFR
395.3(a)(3)(ii). These drivers must comply will all other applicable
provisions of the FMCSRs.

Preemption

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.

Notification to FMCSA

    Any motor carrier utilizing this exemption must notify FMCSA within
5 business days of any accident (as defined in 49 CFR 390.5), involving
any of the motor carrier's CMVs operating under the terms of this
exemption. The notification must include the following information:
    (a) Identity of the exemption: ``ACPA'';
    (b) Name of operating motor carrier and USDOT number;
    (c) Date of the accident;
    (d) City or town, and State, in which the accident occurred, or
closest to the accident scene;
    (e) Driver's name and license number and State of issuance;
    (f) Vehicle number and State license plate number;
    (g) Number of individuals suffering physical injury;
    (h) Number of fatalities;
    (i) The police-reported cause of the accident;
    (j) Whether the driver was cited for violation of any traffic laws
or motor carrier safety regulations; and
    (k) The driver's total driving time and total on-duty time prior to
the accident.
    Reports filed under this provision shall be emailed to
[email protected]

VII. Termination

    FMCSA does not believe the drivers covered by this exemption will
experience any deterioration of their safety record. However, should
this occur, FMCSA will take all steps necessary to protect the public
interest, including revocation of the exemption. The FMCSA will
immediately revoke or restrict the exemption for failure to comply with
its terms and conditions.

    Issued on: September 17, 2019.
 Raymond P. Martinez,
 Administrator.
[FR Doc. 2019-22065 Filed 10-8-19; 8:45 am]
 BILLING CODE 4910-EX-P


            Joanna
             Swanson/RTP/USEP
             A/US                                                    To
                                      "Grever, Thomas"
             05/08/2006 10:57<EMAIL_ADDRESS>
             AM                                                      cc

                                                                Subject
                                      Re: Ethanol production PSD rule
                                      proposal-- follow-up(Document
                                      link: Joanna Swanson)

Mr. Grever,

As we discussed earlier today, we are unable to tell at this time how
long it will take us to review comments or take further action on the
rulemaking entitled "Prevention of Significant Deterioration,
Nonattainment New Source Review, and Title V: Treatment of Corn Milling
Facilities Under the 'Major Emitting Facility' Definition (Docket
HQ-OAR-2006-0089).  If you would like to submit comments or make
recommendations as to what a final rule should state, e.g., with respect
to SIP's, please do so before expiration of the public comment period
today.

Instructions for submitting comments:
You can submit comments via the docket system or you can send an e-mail
message (or an e-mail message with an attached electronic file) to the
docket address of<EMAIL_ADDRESS>If you send an e-mail
message, please include the docket # (Docket HQ-OAR-2006-0089) in the
subject line of the heading.  This will ensure that your comments are
submitted into the correct rulemaking docket.  Please copy me
<EMAIL_ADDRESS>on the e-mail that you send and I will check to
ensure your comments have been included.  (NOTE:  Although many
electronic file formats are acceptable, you may want to check
"regulations.gov" to determine which electronic file formats are
acceptable.)

If you have problems accessing the docket for this proposed rule, you
may want to contact the support team members for regulations.gov.  They
can be reached at 1-877-ERUL HLP (1-877-378-5457).  Calls are answered
Monday through Friday, 8 a.m. to 5 p.m., Eastern time.

Additionally, you can also submit your comments via fax #<PHONE_NUMBER>
or via mail (the comments only need to be postmarked by today in order
to be considered received by the end of the comment period).  Please see
page 12240 of the attached March 9, 2006 proposal for the exact mailing
address.

I hope this information is helpful.

Thanks,
Joanna

Joanna C. Swanson
Environmental Protection Specialist
U.S. EPA
919-541-5282

(See attached file: march 9 2006.pdf)

             "Grever, Thomas"
             <TGrever@Lathrop
             Gage.com>                                               To
                                      Joanna Swanson/RTP/USEPA/US@EPA
             03/17/2006 02:05                                        cc
             PM
                                                                Subject
                                      Ethanol production PSD rule
                                      proposal-- follow-up

(after I sent this e-mail below I found that the proposed rule was
published on March 9.  Ignore the first question!  Thank you.)

Ms. Swanson,

I'm trying to get an idea of the possible timeline for implementation of
the February 28, 2006 proposed rule regarding corn milling facility
treatment under PSD and Title V.  I understand, of course, that the rule
as proposed may not ever be finalized, but at this point is EPA able to
project:

1.  When the proposal will be published in the Federal Register?
2.  How long the agency might take to review comments and, if
appropriate, issue a final rule?
3.  Whether SIP states would be required to implement the final rule
(assuming it goes final), and how long states would be given to amend
their SIPs?

I know it may be too early to tell yet how and when the rule, if
finalized, would be implemented.  Any guidance you can offer on these
questions is appreciated.

Thanks very much,
Tom Grever

                            Thomas J. Grever

                          Lathrop & Gage, L.C.

                            2345 Grand Blvd.

                               Suite 2800

                       Kansas City, MO 64108-2612

<PHONE_NUMBER> (direct)

<PHONE_NUMBER> (fax)

<EMAIL_ADDRESS>

WE ARE INCLUDING THE FOLLOWING SENTENCE TO COMPLY WITH TREASURY
REGULATIONS. ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION
(INCLUDING ANY ATTACHMENTS OR ENCLOSURES) WAS NOT INTENDED OR WRITTEN BY
THE AUTHOR TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (1)
AVOIDING PENALTIES THAT MAY BE IMPOSED ON A TAXPAYER OR (2) PROMOTING,
MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TRANSACTION OR OTHER
MATTER ADDRESSED HEREIN.

This e-mail (including any attachments) may contain material that (1) is
confidential and for the sole use of the intended recipient, and (2) may
be protected by the attorney-client privilege, attorney work product
doctrine or other legal rules. Any review, reliance or distribution by
others or forwarding without express permission is strictly prohibited.
If you are not the intended recipient, please contact the sender and
delete all copies.

 march 9 20062.pdf