[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Notices]
[Pages 80937-80938]
[FR Doc No: 2011-33153]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2008-0517; FRL-9611-7]
RIN 2040-AF06

Notice of Final 2010 Effluent Guidelines Program Plan; Re-Opening
Public Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; Re-opening Public Comment Period.

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SUMMARY: On October 26, 2011, EPA published its final 2010 Effluent
Guidelines Program Plan (``final 2010 Plan'') and announced its 2011
Effluent Guidelines Reviews, as required under the Clean Water Act
(CWA). Since publication, the Agency has received several requests for
additional time to submit comments. EPA is therefore re-opening the
comment period and will accept public comments on both actions for an
additional 60 days.

DATES: Submit comments on or before February 27, 2012.

ADDRESSES: Comments: Submit your comments on the final 2010 Effluent
Guidelines Program Plan identified by Docket ID No. EPA-HQ-OW-2008-
0517, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     Email<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-
OW-2008-0517.
     Fax:<PHONE_NUMBER>.
     Mail: Water Docket, Environmental Protection Agency,
Mailcode: 28221T, Attention Docket ID No. EPA-HQ-OW-2008-0517, 1200
Pennsylvania Ave. NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, EPA West, Room 3334,
1301 Constitution Avenue NW., Washington, DC, Attention Docket ID No.
EPA-HQ-OW-2008-0517. Such deliveries are accepted only during the
Docket Center's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments on the final 2010 Effluent
Guidelines Program Plan to Docket ID No. EPA-HQ-OW-2008-0517. EPA's
policy is that all comments received will be included in the public
docket without change and could be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means that EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment because of technical difficulties and cannot contact you for
clarification, EPA might not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm. For additional
instructions on submitting comments, go to the SUPPLEMENTARY
INFORMATION section of this document.

Submitting Confidential Business Information (CBI)

    Any CBI you wish to submit should be sent via a trackable physical
method, such as Federal Express or United Parcel Service, to Mr. M.
Ahmar Siddiqui, Document Control Officer, Engineering and Analysis
Division (4303T), Room 6231S EPA West, U.S. EPA, 1200 Pennsylvania Ave.
NW., Washington, DC 20460. A CBI package should be double-wrapped, so
that the CBI is in one package, which is itself inside another package.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI information on a disk or CD-ROM that you mail to EPA, mark
the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete copy of the material
that

includes information claimed as CBI, a copy of the material that does
not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information marked as CBI will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Water Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20004. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding federal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the Water
Docket is<PHONE_NUMBER>.
    Submit your comments on the 2011 Effluent Guidelines Reviews
identified by Docket ID No. EPA-HQ-OW-2010-0824 using one of the
methods described above.

FOR FURTHER INFORMATION CONTACT: Mr. William F. Swietlik, Engineering
and Analysis Division, Office of Water, 4303T, U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC.,
20460; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Supporting Documents for the Final 2010 Effluent Guidelines Program
Plan

    Key documents providing additional information about EPA's annual
reviews and the final 2010 Effluent Guidelines Program Plan include the
following:

 Technical Support Document for the 2010 Effluent Guidelines
Program Plan, EPA-820-R-10-021, DCN 07320;
 Coalbed Methane Point Source Category: Detailed Study Report,
EPA-820-R-10-022, DCN 09999;
 Draft Guidance Document: Best Management Practices for Unused
Pharmaceuticals at Health Care Facilities, August 26, 2010, EPA-821-R-
10-006.
 Ore Mining and Dressing Category Preliminary Study, EPA-820-R-
10-025, DCN 07369.

B. How can I get copies of these documents and other related
information?

    1. Docket. EPA has established official public dockets for these
actions under Docket ID Nos. EPA-HQ-OW-2008-0517 and EPA-HQ-OW-2010-
0824. The official public docket is the collection of materials that is
available for public viewing at the Water Docket in the EPA Docket
Center, (EPA/DC) EPA West, Room 3334, 1301Constitution Ave, NW.,
Washington, DC 20460.
    2. Electronic Access. You may access this Federal Register document
electronically through the United States government online source for
Federal regulations at http://www.regulations.gov.

C. What should I consider as I prepare my comments for EPA?

    1. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency might ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible.
     Make sure to submit your comments by the comment period
deadline identified.

II. Re-Opening of the Public Comment Period for the Final 2010 Effluent
Guidelines Program Plan (``Final 2010 Plan'') and the 2011 Effluent
Guidelines Reviews

    On October 26, 2011 (76 FR 66286), EPA published its final 2010
Effluent Guidelines Program Plan (``final 2010 Plan''), which, as
required under the Clean Water Act (CWA), identified new or existing
industrial dischargers, both those discharging directly to surface
waters and those discharging to publicly owned treatment works (POTWs),
selected for effluent guidelines rulemaking, and provided a schedule
for such rulemakings. The Agency solicited comments from the public on
the final Plan for 30 days (to have been submitted on or before
November 25, 2011). The notice also solicited data and information
(during the same 30-day period) for EPA's 2011 Effluent Guidelines
Reviews pursuant to the authority of CWA sections 304(b), 304(g),
301(d) and 307(b).
    The Agency received several requests for additional time to submit
comments. In response, EPA is re-opening the public comment period and
will accept additional public comments on its final 2010 Effluent
Guidelines Program Plan, which announced schedules to develop standards
for wastewater discharges produced by natural gas extraction from
underground coalbed and shale formations as well as mercury discharges
from dental offices. EPA is also accepting additional data and
information for its 2011 Effluent Guidelines Program Reviews, which
were announced as a part of the 2010 Plan released in October. For more
information visit http://water.epa.gov/lawsregs/lawsguidance/cwa/304m/index.cfm. EPA believes that this additional 60-day comment period will
assist in providing interested stakeholders, as well as other members
of the public, adequate time to review the documents and provide
written comments.

     Dated: December 19, 2011.
Nancy K. Stoner,
Acting Assistant Administrator for Water.
[FR Doc. 2011-33153 Filed 12-23-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 11, 2008 (Volume 73, Number 28)]
[Rules and Regulations]
[Page 7661-7663]
[DOCID:fr11fe08-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0262; Directorate Identifier 2007-NM-247-AD;
Amendment 39-15370; AD 2008-03-19]
RIN 2120-AA64

Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional
Jet Series 100 & 440) Airplanes

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

ACTION: Final rule.

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

    Bombardier Aerospace has completed a system safety review of the
CL-600-2B19 aircraft fuel system * * *.
    The assessment showed that sealant has not been applied to bolts
on the collector fuel tanks or the transfer ejector fuel pumps. Lack
of sealant on the above-noted locations, if not corrected, could
result in arcing and potential ignition source inside the fuel tank
during lightning strikes and consequent fuel tank explosion. * * *

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

DATES: This AD becomes effective March 17, 2008.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 17,
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov
 or in person at the U.S. Department of

Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Rocco Viselli, Aerospace Engineer,
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on December 3, 2007 (72
FR 67870). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    Bombardier Aerospace has completed a system safety review of the
CL-600-2B19 aircraft fuel system against new fuel tank safety
standards, introduced in Chapter 525 of the Airworthiness Manual
through Notice of Proposed Amendment (NPA) 2002-043. The identified
non-compliances were assessed using Transport Canada Policy Letter
No. 525-001 to determine if mandatory corrective action is required.
    The assessment showed that sealant has not been applied to bolts
on the collector fuel tanks or the transfer ejector fuel pumps. Lack
of sealant on the above-noted locations, if not corrected, could
result in arcing and potential ignition source inside the fuel tank
during lightning strikes and consequent fuel tank explosion. To
correct the unsafe condition, this directive mandates the
application of sealant to the bolts that attach various fittings on
the collector fuel tanks, [an inspection for a fillet seal and if
necessary application of fillet seal] to the edges of the transfer
ejector pumps and [an inspection for sealant and if necessary
application of sealant] to the bolts that attach the transfer
ejector pump to the transfer ejector pump casing.

You may obtain further information by examining the MCAI in the AD
docket.

Comments

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

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    We estimate that this AD will affect about 626 products of U.S.
registry. We also estimate that it will take about 31 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Required parts will cost a negligible
amount per product. Where the service information lists required parts
costs that are covered under warranty, we have assumed that there will
be no charge for these parts. As we do not control warranty coverage
for affected parties, some parties may incur costs higher than
estimated here. Based on these figures, we estimate the cost of this AD
to the U.S. operators to be $1,552,480, or $2,480 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Operations office

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-03-19 Bombardier, Inc. (Formerly Canadair): Amendment 39-15370.
Docket No. FAA-2007-0262; Directorate Identifier 2007-NM-247-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March
17, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional
Jet Series 100 & 440) airplanes, serial numbers 7003 through 7067
and 7069 through 7924; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Bombardier Aerospace has completed a system safety review of the
CL-600-2B19 aircraft fuel system against new fuel tank safety
standards, introduced in Chapter 525 of the Airworthiness Manual
through Notice of Proposed Amendment (NPA) 2002-043. The identified
non-compliances were assessed using Transport Canada Policy Letter
No. 525-001 to determine if mandatory corrective action is required.
    The assessment showed that sealant has not been applied to bolts
on the collector fuel tanks or the transfer ejector fuel pumps. Lack
of sealant on the above-noted locations, if not corrected, could
result in arcing and potential ignition source inside the fuel tank
during lightning strikes and consequent fuel tank explosion. To
correct the unsafe condition, this directive mandates the
application of sealant to the bolts that attach various fittings on
the collector fuel tanks, [an inspection for a fillet seal and if
necessary application of fillet seal] to the edges of the transfer
ejector pumps and [an inspection for sealant and if necessary
application of sealant] to the bolts that attach the transfer
ejector pump to the transfer ejector pump casing.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 5,000 flight hours after the effective date of this
AD: For airplanes with serial numbers 7003 through 7067 and 7069
through 7797, apply sealant to bolts on the collector fuel tanks
according to the Accomplishment Instructions of Bombardier Service
Bulletin 601R-28-051, Revision A, dated March 30, 2005.
    (2) Within 5,000 flight hours after the effective date of this
AD: For airplanes with serial numbers 7003 through 7067 and 7069
through 7924, do a general visual inspection of the left and right
transfer ejector pumps for the presence of a fillet seal on the edge
of the pumps and sealant on the bolts, according to the
Accomplishment Instructions of Bombardier Service Bulletin 601R-28-
060, Revision A, dated March 30, 2005.
    (3) If during the inspection required by paragraph (f)(2) of
this AD any fillet seal is found missing from the edge of the
transfer ejector pump or sealant is found missing from any of the
bolts, prior to further flight, apply fillet seal and sealant as
applicable to the affected areas according to the Accomplishment
Instructions of Bombardier Service Bulletin 601R-28-060, Revision A,
dated March 30, 2005.
    (4) Application of sealant prior to the effective date of this
AD according to Bombardier Service Bulletin 601R-28-051, dated May
12, 2003, satisfies the requirements of paragraph (f)(1) of this AD.
    (5) Inspection and application of sealant and fillet seal prior
to the effective date of this AD according to Bombardier Service
Bulletin 601R-28-060, dated January 28, 2004, satisfy the
corresponding requirements of paragraphs (f)(2) and (f)(3) of this
AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. Send information to ATTN: Rocco Viselli, Aerospace
Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York
Aircraft Certification Office, 1600 Stewart Avenue, Suite 410,
Westbury, New York 11590; telephone<PHONE_NUMBER>; fax (516) 794-
5531. Before using any approved AMOC on any airplane to which the
AMOC applies, notify your appropriate principal inspector (PI) in
the FAA Flight Standards District Office (FSDO), or lacking a PI,
your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they

are approved by the State of Design Authority (or their delegated
agent). You are required to assure the product is airworthy before
it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2007-17,
dated September 4, 2007; and Bombardier Service Bulletins 601R-28-
051 and 601R-28-060, both Revision A, both dated March 30, 2005; for
related information.

Material Incorporated by Reference

    (i) You must use Bombardier Service Bulletin 601R-28-051,
Revision A, dated March 30, 2005; and Bombardier Service Bulletin
601R-28-060, Revision A, dated March 30, 2005; as applicable; to do
the actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station
Centre-ville, Montreal, Quebec H3C 3G9, Canada.
    (3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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 January 31, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-2343 Filed 2-8-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: June 28, 2006 (Volume 71, Number 124)]
[Notices]
[Page 36847-36848]
[DOCID:fr28jn06-132]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54028; File No. SR-NASD-2005-067]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Order Granting Approval to Proposed Rule Change and
Amendment Nos. 1, 2, and 3 Thereto Relating to Amendments to NASD Rule
6530 To Clarify the Review Process for OTCBB Eligibility Determinations
and To Implement Fees for Such Review

June 21, 2006.
    On May 24, 2005, the National Association of Securities Dealers,
Inc. (``NASD''), through its subsidiary, the Nasdaq Stock Market, Inc.
(``Nasdaq''), filed with the Securities and Exchange Commission
(``Commission''), pursuant to section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend NASD Rules 6530 and 7010 to clarify the
availability of a process to review a determination of an issuer's
eligibility under NASD Rule 6530 for continued quotation of its
securities on the Over-the-Counter Bulletin Board (``OTCBB'') and seek
review of such determination. On September 27, 2005, Nasdaq filed with
the Commission Amendment No. 1 to the proposed rule change.\3\ On
December 8, 2005, NASD filed with the Commission Amendment No. 2 to the
proposed rule change,\4\ and on February 23, 2006, NASD filed with the
Commission Amendment No. 3 to the proposed rule change.\5\ The proposed
rule change, as amended, was published for comment in the Federal
Register on March 31, 2006.\6\ No comments were received on this
proposal. This order approves the proposed rule change, as amended.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, NASD removed the record-keeping fee it
had originally proposed to establish in NASD Rule 7010.
    \4\ In Amendment No. 2, NASD amended the filing to reflect the
Commission's approval of a separate proposed rule change in which
NASD amended its Plan of Allocation and Delegation of Functions by
NASD to Subsidiaries, as well as certain corresponding NASD rules,
to permit NASD to assume direct authority for OTC equity operations,
including the OTCBB, rather than continuing to delegate this
authority to Nasdaq. See Securities Exchange Act Release No. 52508
(September 26, 2005); 70 FR 57346 (September 30, 2005) (SR-NASD-
2005-089).
    \5\ In Amendment No. 3, which replaced and superseded the prior
filings in their entirety, NASD clarified the availability of the
hearing process set forth in proposed NASD Rule 6530(f) in the event
that an OTCBB security is subject to removal from the OTCBB under
NASD Rule 6530(e)(1) and made clarifying changes relating to the
application of the NASD Rule 9700 Series to hearings conducted to
determine the security's eligibility for quotation on the OTCBB.
    \6\ See Securities Exchange Act Release No. 53546 (March 24,
2006), 71 FR 16350 (``Notice'').
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I. Description of the Proposal

    Recently, the Commission approved NASD Rule 6530(e), which limits
the eligibility for quotation on the OTCBB of the security of an issuer
that is repeatedly late or otherwise delinquent in filing periodic
reports to the issuer's respective regulator.\7\ Specifically, NASD
Rule 6530(e) provides that an NASD member will not be permitted to
quote a security on the OTCBB: (1) If the issuer has failed to file a
complete required report with the Commission or other respective
regulator by the due date for such report (even if it later files
within the grace period allowed by NASD Rule 6530(a)) three times in
the prior two-year period; or (2) if the security has been removed from
the OTCBB due to the issuer's failure to file a complete required
report two times in the prior two-year period. Following the removal of
an issuer's security pursuant to NASD Rule 6530(e), such security shall
not be eligible for quotation on the OTCBB by an NASD member until such
time as the issuer has timely filed in a complete form all required
periodic due in a one-year period.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 52786 (November 16,
2005), 70 FR 70907 (November 23, 2005) (SR-NASD-2005-011).
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    NASD's proposed revisions to NASD Rule 6530 would set forth
procedures for an aggrieved party to request a review by a hearing
panel, pursuant to the NASD Rule 9700 Series, of a determination by
NASD that an issuer is ineligible for continued quotation on the OTCBB.
The proposed rule change also would set forth the process for an
aggrieved party to request review of the hearing panel's decision. In
addition, the proposal would require an aggrieved party to pay a fee of
$4,000 when requesting either a review by the hearing panel or a review
of the hearing panel's decision. Finally, the proposal would codify the
notification requirements to which NASD would adhere in the event that
an issuer's security approaches the point of removal from quotation on
the OTCBB for failure to comply with the provisions of NASD Rule 6530.

II. Discussion and Commission Findings

    The Commission finds that the proposed rule change, as amended, is
consistent with the provisions of section

15A(b)(6) of the Act,\8\ which requires, among other things, that NASD
rules must be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, and, in
general, to protect investors and the public interests.\9\
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    \8\ 15 U.S.C. 78o-3(b)(6).
    \9\ In approving this proposed rule change, as amended, the
Commission notes that it has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    Under the proposal, upon determining that an issuer's security
would become ineligible for quotation under NASD Rule 6530, NASD would
send a notice to the address appearing on the issuer's most recent
periodic report at least seven calendar days prior to the security's
removal from the OTCBB, even if there is no applicable grace
period.\10\ The notice would indicate the removal date for the issuer's
security after any applicable grace period, unless the condition
causing the ineligibility has been cured by the expiration of any
applicable grace period.\11\ The Commission believes that the proposed
notice is reasonably designed to inform issuers of the imminent removal
of their securities from OTCBB quotation.
---------------------------------------------------------------------------

    \10\ Under NASD Rule 6530(e), the securities of an issuer are
removed from the OTCBB the third time that the issuer fails to file
a required report by the due date (including, if applicable, any
extension permitted by Rule 12b-25 of the Exchange Act (17 CFR
240.12b-25)) in a two-year period, without the benefit of the grace
period for the third delinquency. Prior to removal of the security
from the OTCBB, however, NASD would provide seven calendar days to
allow an aggrieved party to request a review of such determination
by a hearing panel. As such, where an issuer's security would be
removed for the issuer's failure to file a required report by the
due date for the third time in a two-year period, NASD would provide
seven calendar days (not the 30 or 60 day grace period provided in
NASD Rule 6530(a)) to allow an aggrieved party time to request a
hearing. See Securities Exchange Act Release No. 52786 (November 16,
2005), 70 FR 70907 (November 23, 2005) (SR-NASD-2005-011). NASD's
proposal to amend NASD Rule 6530(e) and (f) would codify this
procedural framework.
    \11\ If an issuer's security becomes ineligible for failure to
file by the due date for the third time in a two-year period, the
issuer would not be able to cure the condition causing the
ineligibility. See Securities Exchange Act Release No. 52786
(November 16, 2005), 70 FR 70907 (November 23, 2005) (SR-NASD-2005-
011).
---------------------------------------------------------------------------

    The proposed rule change codifies the right of an aggrieved party
to request a review of a determination by NASD that an issuer's
security is ineligible for continued quotation on the OTCBB, pursuant
to the procedures set fourth in the NASD Rule 9700 Series as modified
by the proposed rule change. The proposal also implements at $4,000 fee
for such review.\12\ The proposed rule change specifies that the
hearing panel is limited to determining whether the issuer's security
is eligible for continued quotation and/or whether the issuer filed a
complete report by the applicable due date, taking into account any
extensions permitted under Rule 12b-25 under the Act.\13\
---------------------------------------------------------------------------

    \12\ Although NASD currently permits aggrieved parties to
request a review of a determination of ineligibility pursuant to the
NASD Rule 9700 Series, the proposed rule change would provide for
that right in the rule governing OTCBB-eligible securities, NASD
Rule 6530.
    \13\ The proposed rule specified that hearings will be conducted
via telephone, and that NASD will provide the aggrieved party with
at least five business days notice of the hearing unless the
aggrieved party waives such notice.
---------------------------------------------------------------------------

    The Commission believes that scope of the review is reasonably
limited and tailored to reflect the requirements of NASD Rule 6530. In
particular, the only matters subject to review are whether the OTCBB
issuer filed a complete report by the applicable due date, taking into
account any extensions pursuant to Rule 12b-25 under the Act, and
whether the issuer's security is eligible for continued quotation.\14\
The Commission further believes that providing for an aggrieved party's
right to request review in NASD Rule 6530 will promote clarity and
transparency of that process.
---------------------------------------------------------------------------

    \14\ In the case of OTCBB issuers who file regulatory reports
with a regulator other than the Commission (e.g., Federal banking
regulators), the Commission notes that NASD generally receives
notice of a regulatory filing from the applicable market maker or
the issuer itself. Accordingly, these issuers can help to alleviate
any confusion regarding whether a filing has been timely made by
providing NASD with a copy of the applicable filing made with the
appropriate regulator on or before its due date.
---------------------------------------------------------------------------

    A request for a hearing under the proposed rule would temporarily
stay a security's removal until the hearing panel makes its
determination. An aggrieved party's request for review by the hearing
panel would not prevent the issuer's delinquency from being counted as
an occurrence for the purposes of NASD Rule 6530(e)(1), although the
issuer's security would remain eligible for continued and uninterrupted
quotation until such time as the hearing panel issues its opinion. In
addition, the proposal would clarify that an aggrieved party may appeal
the hearing panel's decision pursuant to NASD Rule 9760. Unlike the
initial request for hearing panel review, the request for an appeal of
the hearing panel's decision would not stay the security's removal.\15\
The issues on appeal would be limited to whether the issuer's security,
at the time of the initial review by the hearing panel, was eligible
for quotation on the OTCBB and/or whether the issuer filed a complete
report by the applicable due date, taking into account any extensions
pursuant to Rule 12b-25 under the Act. The Commission believes that the
proposed rule change is reasonably designed to provide appropriate
procedures for an aggrieved party to seek a review by the hearing panel
and to appeal the hearing panel's decision.
---------------------------------------------------------------------------

    \15\ The proposed rule change further notes that review of the
hearing panel decision will be based on the written record, unless
further hearings are ordered. If further hearings are ordered, they
will be conducted via telephone.
---------------------------------------------------------------------------

    The Commission notes that NASD currently does not provide for a fee
to offset the costs to conduct hearings regarding a security's
eligibility for quotation on the OTCBB pursuant to the NASD Rule 9700
Series. The proposed rule change would implement a $4,000 fee for
aggrieved parties who request review by a hearing panel, as well as a
$4,000 fee for aggrieved parties who seek review of the hearing panel's
decision.\16\ Given the increasing number of hearings relating to OTCBB
eligibility,\17\ the Commission believes that it is reasonable for NASD
to adopt a fee to offset the costs associated with the conduct of the
hearings and appeals process under the NASD Rule 9700 Series for
parties aggrieved by a determination made under NASD Rule 6530.
---------------------------------------------------------------------------

    \16\ In comparison, NASD Rule 4805(c) requires Nasdaq-listed
issuers to submit a $4,000 fee for a hearing on the written record
and a $5,000 fee for an oral hearing to cover the cost of holding
the hearing, and NASD Rule 4807(a) requires Nasdaq-listed issuers to
submit a fee of $4,000 to cover the cost of review by the Nasdaq
Listing and Hearing Review Council.
    \17\ See Notice, supra note 6, at 16352 n.19 (noting that the
number of hearing requests received by NASD from OTCBB issuers
increased from 14 requests in 2003 to 124 requests in 2005).
---------------------------------------------------------------------------

III. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\18\ that the proposed rule change (SR-NASD-2005-067), as amended,
be, and it hereby is, approved.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2).
    \19\ 17 CFR 200.30-3(a)(12).

    For the commission, by the Division of Market Regulation,
pursuant to delegated authority.\19\
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 06-5756 Filed 6-27-06; 8:45 am]

BILLING CODE 8010-01-M


[Federal Register: August 5, 2009 (Volume 74, Number 149)]
[Rules and Regulations]
[Page 38901-38903]
[DOCID:fr05au09-7]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1213; Directorate Identifier 2007-NM-092-AD;
Amendment 39-15987; AD 2009-16-14]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-100, -200, -200C, -
300, -400, and -500 Series Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) that applies to certain Boeing Model 737-100, -200, -200C, -300, -
400, and -500 series airplanes. That AD currently requires repetitive
inspections of the intercostal webs, attachment clips, and stringer
splice channels for cracks; and corrective action if necessary. This
new AD reduces the repetitive inspection intervals from 25,000 flight
cycles to 6,000 flight cycles, and expands the inspection area for
Model 737-200C series airplanes to include the area aft of the forward
entry door. This AD results from additional reports of fatigue cracks.
We are issuing this AD to detect and correct fatigue cracking of the
intercostals on the forward and aft sides of the forward entry door,
which could result in loss of the forward entry door and rapid
decompression of the airplane.

DATES: This AD becomes effective September 9, 2009.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of September 9,
2009.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document 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 20590.

FOR FURTHER INFORMATION CONTACT: Alan Pohl, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6450; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2005-20-03, amendment
39-14296 (70 FR 56361, September 27, 2005). The existing AD applies to
certain Boeing Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. That NPRM was published in the Federal Register on November
17, 2008 (73 FR 67815). That NPRM proposed to continue to require
repetitive inspections of the intercostal webs, attachment clips, and
stringer splice channels for cracks, at repetitive inspection intervals
reduced from 25,000 flight cycles to 6,000 flight cycles; and
corrective action if necessary. That NPRM also proposed to expand the
inspection area for Model 737-200C series airplanes to include the area
aft of the forward entry door.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM.

Request to Increase Grace Period

    US Airways requests that we increase the threshold grace period
from 3,000 flight cycles after the effective date of this AD to 4,500
flight cycles. US Airways states that the new grace period it requests
would allow operators to schedule more airplanes into appropriate
maintenance tasks. US Airways explains that the inspection would affect
its operation by requiring additional maintenance that is not presently
scheduled.
    We do not agree with the commenter's request. In developing an
appropriate compliance time for this AD, we considered not only the
safety implications, but the manufacturer's recommendations, and the
practical aspect of accomplishing the modification within an interval
of time that corresponds to typical scheduled maintenance for affected
operators. However, under the provisions of paragraph (m) of this AD,
we may consider requests for adjustments to the compliance time if data
are submitted to substantiate that such an adjustment would provide an
acceptable level of safety. We have not changed this AD in this regard.

Explanation of Additional Changes to the AD

    We have clarified paragraphs (h), (i), and (l) of this AD to
include the full citation for the service information referenced in
those paragraphs. We made this change to ensure that it is clear which
service information operators must use for a specific action.
    We have changed paragraph (j) of this AD to remove the reference to
``Part 4 of the Work Instructions of Boeing

Special Attention Service Bulletin 737-53-1204, dated June 19, 2003,''
because that service bulletin does not contain a Part 4. Boeing Alert
Service Bulletin 737-53A1204, Revision 1, dated March 26, 2007, does
include Part 4 to provide procedures related to inspections and
corrective actions for the intercostal webs and attachment clips
located aft of the forward entry door. Boeing Special Attention Service
Bulletin 737-53-1204, dated June 19, 2003, does not include any actions
for this area of the airplane.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    There are about 3,132 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
              Action                  Work hours     Average labor    Cost per airplane      registered                      Fleet cost
                                                     rate per hour                            airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection of areas forward of the               2             $80  $160 per inspection               876  $140,160 per inspection cycle.
 aft entry door (required by AD                                      cycle.
 2005[dash]20[dash]03).
Inspection of areas aft of the                   1              80  80 per inspection                  19  1,520 per inspection cycle.
 forward entry door for Model                                        cycle.
 737[dash]200C series airplanes
 (new action).
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this 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 DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-14296 (70 FR 56361, September 27, 2005) and by
adding the following new airworthiness directive (AD):

2009-16-14 Boeing: Amendment 39-15987. Docket No. FAA-2008-1213;
Directorate Identifier 2007-NM-092-AD.

Effective Date

    (a) This AD becomes effective September 9, 2009.

Affected ADs

    (b) This AD supersedes AD 2005-20-03.

Applicability

    (c) This AD applies to Model 737-100, -200, -200C, -300, -400,
and -500 series airplanes, certificated in any category; as
identified in Boeing Alert Service Bulletin 737-53A1204, Revision 1,
dated March 26, 2007.

Unsafe Condition

    (d) This AD results from reports of fatigue cracks. We are
issuing this AD to detect and correct fatigue cracking of the
intercostals on the forward and aft sides of the forward entry door,
which could result in loss of the forward entry door and rapid
decompression of the airplane.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Initial Compliance Time

    (f) For all Model 737-100, -200, -200C, -300, -400, and -500
series airplanes: Before the accumulation of 15,000 total flight
cycles, or within 4,500 flight cycles after November 1, 2005 (the
effective date of AD 2005-20-03), whichever occurs later: Do the
inspections required by paragraphs (h) and (i) of this AD.
    (g) For all Model 737-200C series airplanes: Before the
accumulation of 15,000 total flight cycles, or within 4,500 flight
cycles after the effective date of this AD, whichever occurs later:
Do the inspection required by paragraph (j) of this AD.

Initial Inspection for Passenger Configuration Airplanes

    (h) For Group 1 passenger airplanes identified in Boeing Alert
Service Bulletin 737-53A1204, Revision 1, dated March 26, 2007:
Perform a detailed inspection for

cracking of the intercostal web, attachment clips, and stringer
splice channels; and a high frequency eddy current inspection for
cracking of the stringer splice channels located forward and aft of
the forward entry door; and do all applicable corrective actions
before further flight; in accordance with Parts 1 and 2 of the Work
Instructions of Boeing Special Attention Service Bulletin 737-53-
1204, dated June 19, 2003; or Boeing Alert Service Bulletin 737-
53A1204, Revision 1, dated March 26, 2007. After the effective date
of this AD, only Boeing Alert Service Bulletin 737-53A1204, Revision
1, dated March 26, 2007, may be used.

Initial Inspection for Cargo Configuration Airplanes (Forward of the
Forward Entry Door)

    (i) For Group 2 cargo airplanes identified in Boeing Alert
Service Bulletin 737-53A1204, Revision 1, dated March 26, 2007:
Perform a detailed inspection for cracking of the intercostal webs
and attachment clips located forward of the forward entry door, and
do all applicable corrective actions before further flight, in
accordance with Part 3 of the Work Instructions of Boeing Special
Attention Service Bulletin 737-53-1204, dated June 19, 2003; or
Boeing Alert Service Bulletin 737-53A1204, Revision 1, dated March
26, 2007. After the effective date of this AD, only Boeing Alert
Service Bulletin 737-53A1204, Revision 1, dated March 26, 2007, may
be used.

Initial Inspection for Cargo Configuration Airplanes (Aft of the
Forward Entry Door)

    (j) For Group 2 cargo airplanes identified in Boeing Alert
Service Bulletin 737-53A1204, Revision 1, dated March 26, 2007:
Perform a detailed inspection for cracking of the intercostal webs
and attachment clips located aft of the forward entry door, and do
all applicable corrective actions before further flight, in
accordance with Part 4 of the Work Instructions of Boeing Alert
Service Bulletin 737-53A1204, Revision 1, dated March 26, 2007.

Repeat Inspections

    (k) Repeat the inspections required by paragraphs (h), (i), and
(j) of this AD thereafter at intervals not to exceed 6,000 flight
cycles after the previous inspection, or within 3,000 flight cycles
after the effective date of this AD, whichever occurs later.

Exceptions

    (l) Do the actions required by this AD by accomplishing all the
applicable actions specified in the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 737-53-1204, dated June
19, 2003; or Boeing Alert Service Bulletin 737-53A1204, Revision 1,
dated March 26, 2007; except as provided by paragraphs (l)(1) and
(l)(2) of this AD. After the effective date of this AD, only Boeing
Alert Service Bulletin 737-53A1204, Revision 1, dated March 26,
2007, may be used.
    (1) Where Boeing Special Attention Service Bulletin 737-53-1204,
dated June 19, 2003; or Boeing Alert Service Bulletin 737-53A1204,
Revision 1, dated March 26, 2007; specifies to contact Boeing for
repair instructions: Before further flight, repair using a method
approved in accordance with the procedures specified in paragraph
(m) of this AD.
    (2) Where Boeing Special Attention Service Bulletin 737-53-1204,
dated June 19, 2003; or Boeing Alert Service Bulletin 737-53A1204,
Revision 1, dated March 26, 2007; specifies a compliance time
relative to the date of a service bulletin, this AD requires
compliance relative to the effective date of this AD. Where Boeing
Special Attention Service Bulletin 737-53-1204, dated June 19, 2003;
or Boeing Alert Service Bulletin 737-53A1204, Revision 1, dated
March 26, 2007; specifies a compliance time relative to the date of
the initial release of the service bulletin, this AD requires
compliance relative to the effective date of AD 2005-20-03 (November
1, 2005).

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Alan
Pohl, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle
ACO, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6450; fax<PHONE_NUMBER>.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who has been authorized
by the Manager, Seattle ACO, to make those findings. For a repair
method to be approved, the repair must meet the certification basis
of the airplane, and the approval must specifically refer to this
AD.
    (4) AMOCs approved previously in accordance with AD 2005-20-03
are approved as AMOCs for the corresponding provisions of this AD,
provided the repetitive inspection intervals (if any) do not exceed
6,000 flight cycles.
    (5) AMOCs approved previously in accordance with AD 2005-20-03
are not approved as AMOCs for the provisions of paragraph (j) or (k)
of this AD.

Material Incorporated by Reference

    (n) You must use Boeing Alert Service Bulletin 737-53A1204,
Revision 1, dated March 26, 2007; as applicable; to do the actions
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of Boeing Alert Service Bulletin 737-
53A1204, Revision 1, dated March 26, 2007, under 5 U.S.C. 552(a) and
1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on July 23, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-18419 Filed 8-4-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Proposed Rules]
[Pages 20844-20846]
[FR Doc No: 2013-08048]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0216; Directorate Identifier 2012-NM-206-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. 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 Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 &
440) airplanes. This proposed AD was prompted by a determination that
certain flap actuators require restoration by installing a redesigned
flap actuator inboard pinion seal. This proposed AD would require
revising the maintenance program by incorporating new airworthiness
limitation tasks. We are proposing this AD to prevent flap system
failure, and consequent reduced landing performance of the airplane.

DATES: We must receive comments on this proposed AD by May 23, 2013.

ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may review copies of the 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Luke Walker, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0216;
Directorate Identifier 2012-NM-206-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 based on 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

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2012-26, dated October 30, 2012 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:

    The CL-600-2B19 aeroplane flap actuator inboard pinion seal is
prone to leak which can cause internal contamination of the actuator
braking mechanism and subsequent actuator failure. This condition,
if not corrected, can cause flap system failure. In certain weather
and runway conditions, frequent flap system failures pose a safety
concern.
    To improve the internal actuator sealing, the flap actuator
manufacturer has redesigned the inboard pinion seal. Transport
Canada Civil Aviation (TCCA) has been monitoring, through an
actuator sampling program, the performance of the flap system since
the introduction of actuators equipped with this new inboard pinion
seal. Based on this sampling program and recent flap reliability
data, TCCA is mandating a restoration task to install the redesigned
flap actuator inboard pinion seal on all applicable actuators.

The required action is revising the maintenance program by
incorporating two new airworthiness limitation tasks. The unsafe
condition is flap system failure, and consequent reduced control of the
airplane. You may obtain further information by examining the MCAI in
the AD docket.

Relevant Service Information

    Bombardier Inc. has issued CL-600-2B19 Temporary Revision (TR) 2A-
48, dated July 6, 2012, to Appendix A--Certification Requirements, of
Part 2, Airworthiness Requirements, of the Bombardier CL-600-2B19
Maintenance Requirements Manual. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    This AD requires revisions to certain operator maintenance
documents to include new actions. Compliance with these actions is
required by 14 CFR 91.403(c). For airplanes that have been previously
modified, altered, or repaired in the areas addressed by these actions,
the operator may not be able to accomplish the inspections described in
the revisions. In this situation, to comply with 14 CFR 91.403(c), the
operator must request approval for an alternative method of compliance
according to the procedures specified in paragraph (k) of this AD. The
request should include a description of changes to the required actions
that will ensure the continued damage tolerance of the affected
structure.

Differences Between This Proposed AD and the MCAI or Service
Information

    Bombardier CL-600-2B19 TR 2A-48, dated July 6, 2012, to Appendix
A--Certification Requirements, of Part 2, Airworthiness Requirements,
of the Bombardier CL-600-219 Maintenance Requirements Manual, specifies
a task interval of 10,000 flight cycles or 144 months in the ``Task
Interval'' column, and a task interval of 10,000 flight cycles in the
``Task Description'' column. This proposed AD would require a task
interval of 10,000 flight cycles. This difference has been coordinated
with TCCA.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 573 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $48,705, or $85 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

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 AD:

    Bombardier, Inc.: Docket No. FAA-2013-0216; Directorate
Identifier 2012-NM-206-AD.

(a) Comments Due Date

    We must receive comments by May 23, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional
Jet Series 100 & 440)

airplanes, certificated in any category, equipped with Eaton flap
actuators having any part number (P/N) specified in paragraphs
(c)(1), (c)(2), and (c)(3) of this AD.
    (1) P/N 601R93101-23/-25 (vendor P/N 852D100-23, -25).
    (2) P/N 601R93103-23/-24 (vendor P/N 853D100-23, -24).
    (3) P/N 601R93104-23/-24 (vendor P/N 854D100-23, -24).

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by a determination that certain flap
actuators require restoration by installing a redesigned flap
actuator inboard pinion seal. We are issuing this AD to prevent flap
system failure, and consequent reduced control of the airplane.

 (f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Maintenance Program Revision

    Within 30 days after the effective date of this AD, revise the
maintenance program to incorporate Tasks C27-50-111-15 and C27-50-
111-17 as specified in Bombardier CL-600-2B19 Temporary Revision
(TR) 2A-48, dated July 6, 2012, to Appendix A--Certification
Requirements, of Part 2, Airworthiness Requirements, of the
Bombardier CL-600-2B19 Maintenance Requirements Manual (MRM), except
as specified in paragraph (j) of this AD. The initial compliance
times for the tasks are specified in paragraph (h) of this AD.

    Note 1 to paragraph (g) of this AD:  The maintenance program
revision required by paragraph (g) of this AD may be done by
inserting a copy of Bombardier CL-600-2B19 TR 2A-48, dated July 6,
2012, into Appendix A--Certification Requirements, of Part 2,
Airworthiness Requirements, of the Bombardier CL-600-2B19 MRM. When
this TR has been included in general revisions of the MRM, the
general revisions may be inserted in the MRM, provided the relevant
information in the general revision is identical to that in
Bombardier CL-600-2B19 TR 2A-48, dated July 6, 2012.

(h) Initial Task Compliance Times

    For the inboard and outboard flap actuators identified in
Bombardier CL-600-2B19 TR 2A-48, dated July 6, 2012, to Appendix A--
Certification Requirements, of Part 2, Airworthiness Requirements,
of the Bombardier CL-600-2B19 MRM, the initial compliance times for
the tasks specified in Bombardier CL-600-2B19 TR 2A-48, dated July
6, 2012, are at the applicable times specified in paragraphs (h)(1)
through (h)(4) of this AD.
    (1) For flap actuators that have accumulated less than 6,000
flight cycles as of the effective date of this AD, before the
accumulation of 10,000 flight cycles on the flap actuator.
    (2) For flap actuators that have accumulated 6,000 or more
flight cycles but less than 10,000 flight cycles as of the effective
date of this AD, within 4,000 flight cycles after the effective date
of this AD, but no later than 12,000 flight cycles on the flap
actuator.
    (3) For flap actuators that have accumulated 10,000 or more
flight cycles but less than or equal to 12,000 flight cycles as of
the effective date of this AD, within 2,000 flight cycles after the
effective date of this AD, but no later than 13,000 flight cycles on
the flap actuator.
    (4) For flap actuators that have accumulated more than 12,000
flight cycles as of the effective date of this AD, within 1,000
flight cycles after the effective date of this AD.

(i) Repetitive Compliance Time

    Where Bombardier CL-600-2B19 TR 2A-48, dated July 6, 2012, to
Appendix A--Certification Requirements, of Part 2, Airworthiness
Requirements, of the Bombardier CL-600-2B19 MRM, specifies a task
interval of 10,000 flight cycles or 144 months, the task interval is
10,000 flight cycles.

(j) No Alternative Actions and Intervals

    After accomplishing the revision required by paragraph (g) of
this AD, no alternative actions (e.g., inspections) or intervals may
be used unless the actions or intervals are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (k) of this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 ACO, send it to Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax (516) 794-
5531. 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.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2012-26, dated October
30, 2012; and Bombardier CL-600-2B19 TR 2A-48, dated July 6, 2012,
to Appendix A--Certification Requirements, of Part 2, Airworthiness
Requirements, of the Bombardier CL-600-2B19 MRM; for related
information.
    (2) For Bombardier, Inc. service information identified in this
AD, contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West,
Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax
514-855-7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may review copies of the 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>.

    Issued in Renton, Washington, on March 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-08048 Filed 4-5-13; 8:45 am]
BILLING CODE 4910-13-P


"Johansson, Robert"<EMAIL_ADDRESS> 09/13/2007 02:54 PM

To

"Baer, Mitchell"<EMAIL_ADDRESS>"Farrell, Amy L." <EMAIL_ADDRESS>"Schwab, Margo" <EMAIL_ADDRESS>"Lee, Amanda I." <EMAIL_ADDRESS>"Laur, Michele - Washington, DC" <EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>"Griffiths, Charles W." <EMAIL_ADDRESS> cc

"Fraas, Arthur G."<EMAIL_ADDRESS>"Neyland, Kevin F." <EMAIL_ADDRESS>David Misenheimer/RTP/USEPA/US@EPA, Ron Evans/RTP/USEPA/US@EPA

Subject

FW: Workshop for the Interagency Review Group on How EPA does NAAQS RIA Analyses

FYI/ Enclosed please find the finalized agenda for the NAAQS RIA

workshop.

I will follow with logistics as needed. Also, EPA will be providing a

teleconference line for those that wish to participate from afar.

Feel free to follow up with me or David with additional questions.

Also, if you think that there may other agencies or individuals that I

should contact, please let me know.

Cheers,

Rob

-----Original Message-----

From<EMAIL_ADDRESS> <EMAIL_ADDRESS> Sent: Thursday, September 13, 2007 2:37 PM

To: Johansson, Robert

Cc<EMAIL_ADDRESS> Subject: Workshop for the Interagency Review Group on How EPA does NAAQS

RIA Analyses

Rob - Attached is the revised agenda with specific times.  Re travel,

you'll note that we're starting at 10:00 am the first day to allow time

for people to fly in that morning.  Let me know if you need any

information about area hotels.

(See attached file: NAAQS RIA Workshop - Outline for IRG.doc)

David Misenheimer

USEPA, OAQPS/HEID/ABCG (C439-02)

Durham, NC 27711

919.541.5473

<EMAIL_ADDRESS>

             "Johansson,

             Robert"

             <Robert_C._Johan                                        To

<EMAIL_ADDRESS>       David

             >                        Misenheimer/RTP/USEPA/US@EPA, Ron

                                      Evans/RTP/USEPA/US@EPA

             09/12/2007 11:37                                        cc

             AM

                                                                Subject

                                      logistics for workshopt

Hi David and Ron,

Do you have anything final that I can send out wrt logistics and agenda

for the workshop?

Rob


Record for the Section 316( b) Phase II Existing Facilities Notice of Data Availability 1 2 3 4 5 6 A B C D Date Modified: 3/ 10/ 03 By: Abt Associates Inc.

Data Sources: Federation of Tax Admistrators Description: Compiles Federal and State income tax rates Purpose: Used in post tax cost analysis March 10, 2003 1 of 6 dwcgi 20798 1049810800 42991000. xls  File Info Record for the Section 316( b) Phase II Existing Facilities Notice of Data Availability 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 A B C D E F G H I J K L M N from: http:// www. taxadmin. org/ fta/ rate/ corp_ inc. html RANGE OF STATE CORPORATE INCOME TAX RATES ( For tax year 2002  as of January 1, 2002)

State Tax Rates # of Brackets Bank Tax Rates Federal Tax Deductible Rate used in analysis ALABAMA 6.5 1 6.5 * AK 6.5%

ALASKA 1.0  9.4 10,000 90,000 10 1.0  9.4 AL 9.4%

ARIZONA 6.968 1 6.968 AZ 6.968%

ARKANSAS 1.0  6.5 3,000 100,000 6 1.0  6.5 AR 6.5%

CALIFORNIA 8.84 ( c) 1 10.84 ( c) CA 8.84%

COLORADO 4.63 1 4.63 CO 4.63%

CONNECTICUT 7.5 ( d) 1 7.5 ( d) CT 7.5%

DELAWARE 8.7 1 8.7 1.7 ( e) DE 8.7%

FLORIDA 5.5 ( f) 1 5.5 ( f) FL 5.5%

GEORGIA 6 1 6 GA 6.0%

HAWAII 4.4  6.4 ( g) 25,000 100,000 3 7.92 ( g) HI 6.4%

IDAHO 7.6 ( h) 1 7.6 ( h) ID 7.6%

ILLINOIS 7.3 ( i) 1 7.3 ( i) IL 7.3%

INDIANA 7.9 ( j) 1 8.5 IN 7.9%

IOWA 6.0  12.0 25,000 250,000 4 5 * ( k) IA 12.0%

KANSAS 4.0 ( l) 1 2.25 ( l) KS 4.0%

KENTUCKY 4.0  8.25 25,000 250,000 5  ( a) KY 8.25%

LOUISIANA 4.0  8.0 25,000 200,000 5  ( a) * LA 8.0%

MAINE 3.5  8.93 ( m) 25,000 250,000 4 1 ME 8.93%

MARYLAND 7 1 7 MD 7.0%

MASSACHUSETTS 9.5 ( n) 1 10.5 ( n) MA 9.5%

MINNESOTA 9.8 ( o) 1 9.8 ( o) MN 9.8%

MISSISSIPPI 3.0  5.0 5,000 10,000 3 3.0  5.0 MS 5.0%

MISSOURI 6.25 1 7 * ( k) MO 6.25%

MONTANA 6.75 ( p) 1 6.75 ( p) MT 6.75%

NEBRASKA 5.58  7.81 50,000 2  ( a) NE 7.81%

NEW HAMPSHIRE 8.5 ( q) 1 8.5 ( q) NH 8.5%

NEW JERSEY 9.0 ( r) 1 9 ( r) NJ 9.0%

NEW MEXICO 4.8  7.6 500,000 1 million 3 4.8  7.6 NM 7.6%

NEW YORK 7.5 ( s) 1 7.5 ( s) NY 7.5%

NORTH CAROLINA 6.9 ( t) 1 6.9 ( t) NC 6.9%

NORTH DAKOTA 3.0  10.5 3,000 50,000 6 7 ( b) * ND 10.5%

OHIO 5.1  8.5 ( u) 50,000 2  ( u) OH 8.5%

OKLAHOMA 6 1 6 OK 6.0%

OREGON 6.6 ( b) 1 6.6 ( b) OR 6.6%

PENNSYLVANIA 9.99 1  ( a) PA 9.99%

RHODE ISLAND 9.0 ( b) 1 9.0 ( v) RI 9.0%

SOUTH CAROLINA 5 1 4.5 ( w) SC 5.0%

SOUTH DAKOTA  6.0 1.0% ( b) SD 0%

TENNESSEE 6 1 6 TN 6.0%

UTAH 5.0 ( b) 5.0 ( b) UT 5.0%

VERMONT 7.0  9.75 ( b) 10,000 250,000 4 7.0  9.75 ( b) VT 9.75%

VIRGINIA 6 1 6.0 ( x) VA 6.0%

WEST VIRGINIA 9 1 9 WV 9.0%

WISCONSIN 7.9 1 7.9 WI 7.9%

DIST. OF COLUMBIA 9.975 ( y) 9.975 ( y) DC 9.45%

MI 1.9%

Source: Compiled by FTA from various sources NV 0%

Note: Michigan imposes a single business tax ( sometimes described as a business activities tax or value added tax) of 1.9% on the sum of federal taxable income of the business, compensation paid to TX 4.5%

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

Tax Brackets  Flat Rate

 Flat Rate

 Flat Rate

March 10, 2003 2 of 6 dwcgi 20798 1049810800 42991000. xls  State Corp Rates Record for the Section 316( b) Phase II Existing Facilities Notice of Data Availability 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 O P Q R S T U V W X Y Z AA AB AC AD AE March 10, 2003 3 of 6 dwcgi 20798 1049810800 42991000. xls  State Corp Rates Record for the Section 316( b) Phase II Existing Facilities Notice of Data Availability 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 A B C D E F G H I J K L M N ( a) Rates listed include the corporate tax rate applied to financial institutions or excise taxes based on income. Some states have other taxes based upon the value of deposits or shares. WA 0%

( b) Minimum tax is $ 50 in Arizona, $ 50 in North Dakota ( banks), $ 10 in Oregon, $ 250 in Rhode Island, $ 500 per location in South Dakota ( banks), $ 100 in Utah, $ 250 in Vermont. WY 0%

( c) Minimum tax is $ 800. The tax rate on S Corporations is 1.5% ( 3.5% for banks).

( d) Or 3.1 mills per dollar of capital stock and surplus ( maximum tax $ 1 million) or $ 250.

( e) The marginal rate decreases over 4 brackets ranging from $ 20 to $ 650 million in taxable income. Building and loan associations are taxed at a flat 8.7%.

( f) Or 3.3% Alternative Minimum Tax. An exemption of $ 5,000 is allowed.

( g) Capital gains are taxed at 4%. There is also an alternative tax of 0.5% of gross annual sales.

( h) Minimum tax is $ 20. An additional tax of $ 10 is imposed on each return.

( i) Includes a 2.5% personal property replacement tax.

( j) Consists of 3.4% on income from sources within the state plus a 4.5% supplemental income tax.

( k) Fifty percent of the federal income tax is deductible.

( l) Plus a surtax of 3.35% ( 2.125% for banks) taxable income in excess of $ 50,000 ($ 25,000).

( m) Or a 27% tax on Federal Alternative Minimum Taxable Income.

( n) Rate includes a 14% surtax, as does the following: an additional tax of $ 7.00 per $ 1,000 on taxable tangible property ( or net worth allocable to state, for intangible property corporations); minimum tax of $ 456.

( o) Plus a 5.8% tax on any Alternative Minimum Taxable Income over the base tax.

( p) A 7% tax on taxpayers using water's edge combination. Minimum tax is $ 50.

( q) Plus a 0.50 percent tax on the enterprise base ( total compensation, interest and dividends paid). Business profits tax imposed on both corporations and unincorporated associations.

( r) The rate reported in the table is the business franchise tax rate. The minimum tax is $ 200. Corporations not subject to the franchise tax are subject to a 7.25% income tax. Banks other than savings institutions are subject to the franchise tax. S Corporation are subject to an entity level ( s) Or 1.78 ( 0.1 for banks) mills per dollar of capital ( up to $ 350,000; or 2.5% of the minimum taxable income; or a minimum of $ 1,500 to $ 100 depending on payroll size ($ 250 for banks); if any of these is greater than the tax computed on net income. An addition tax of 0.9 mills per dollar o ( t) Financial institutions are also subject to a tax equal to $ 30 per one million in assets.

( u) Or 4.0 mills time the value of the taxpayer's issued and outstanding share of stock with a maximum payment of $ 150,000. An additional litter tax is imposed equal to 0.11% on the first $ 50,000 of taxable income, 0.22% on income over $ 50,000; or 0.14 mills on net worth.

( v) For banks, the alternative tax is $ 2.50 per $ 10,000 of capital stock ($ 100 minimum).

( w) Savings and Loans are taxed at a 6% rate.

( x) State and national banks subject to the state's franchise tax on net capital is exempt from the income tax.

( y) Minimum tax is $ 100. Includes surtax. Effective 1/ 1/ 2003, tax rate decreases to 9.45%.

March 10, 2003 4 of 6 dwcgi 20798 1049810800 42991000. xls  State Corp Rates Record for the Section 316( b) Phase II Existing Facilities Notice of Data Availability 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 O P Q R S T U V W X Y Z AA AB AC AD AE el tax of 2.0%. Corporations with net income under $ 100,000 are taxed at 7.5%. For S Corporation having $ 100,000 or less in net income for a 12 month privilege period, the rates are 1.33% and 0.5%, respectively. Regulated investment companies are subject to a flat tax of $ 250.

r of subsidiary capital is imposed on corporations. Small corporations with income under $ 290,000 pay a 7.5% tax on all income.

March 10, 2003 5 of 6 dwcgi 20798 1049810800 42991000. xls  State Corp Rates Record for the Section 316( b) Phase II Existing Facilities Notice of Data Availability 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 A B C D E F G Federal Tax Rate obtained from www. corporateservicecenter. com/ Corp/ federal_ tax_ rates. htm ( 2/ 23/ 2002)

Federal Tax Rate 35%

State Corporate Tax Rates obtained from www. taxadmin. org/ gra/ rate/ corp_ inc. html ( 2/ 23/ 2002)

State Corporate Tax Rates Total Tax Rate AK 6.5% 39%

AL 9.4% 41%

AR 6.5% 39%

AZ 6.968% 40%

CA 8.84% 41%

CO 4.63% 38%

CT 7.5% 40%

DC 9.45% 41%

DE 8.7% 41%

FL 5.5% 39%

GA 6.0% 39%

HI 6.4% 39%

IA 12.0% 43%

ID 7.6% 40%

IL 7.3% 40%

IN 7.9% 40%

KS 4.0% 38%

KY 8.25% 40%

LA 8.0% 40%

MA 9.5% 41%

MD 7.0% 40%

ME 8.93% 41%

MI 1.9% 36%

MN 9.8% 41%

MO 6.25% 39%

MS 5.0% 38%

MT 6.75% 39%

NC 6.9% 39%

ND 10.5% 42%

NE 7.81% 40%

NH 8.5% 41%

NJ 9.0% 41%

NM 7.6% 40%

NV 0% 35%

NY 7.5% 40%

OH 8.5% 41%

OK 6.0% 39%

OR 6.6% 39%

PA 9.99% 41%

RI 9.0% 41%

SC 5.0% 38%

SD 0% 35%

TN 6.0% 39%

TX 4.5% 38%

UT 5.0% 38%

VA 6.0% 39%

VT 9.75% 41%

WA 0% 35%

WI 7.9% 40%

WV 9.0% 41%

WY 0% 35%

March 10, 2003 6 of 6 dwcgi 20798 1049810800 42991000. xls  Rates