[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Proposed Rules]
[Pages 38992-38995]
[FR Doc No: 2015-16583]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-2458; Directorate Identifier 2014-NM-122-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Model A318, A319, and A321 series airplanes. This proposed AD
was prompted by reports of in-flight loss of fixed and hinged main
landing gear (MLG) fairings, and reports of post-modification MLG fixed
fairing assemblies that have wear and corrosion. This proposed AD would
require, for certain airplanes, repetitive replacements of the fixed
fairing upper and lower attachment studs of both the right-hand (RH)
and left-hand (LH) MLG; and repetitive inspections for corrosion, wear,
fatigue, cracking, and loose studs of each forward stud assembly of the
fixed fairing door upper and lower forward attachment of both RH and LH
MLG; and replacement if necessary. This proposed AD also provides an
optional terminating modification for the repetitive replacements of
the fixed fairing upper and lower attachment studs. We are proposing
this AD to prevent in-flight detachment of an MLG fixed fairing and
consequent damage to the airplane.

DATES: We must receive comments on this proposed AD by August 24, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: 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
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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
2458; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
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: 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:

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-2015-2458;
Directorate Identifier 2014-NM-122-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

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2015-0001R1, dated January 15, 2015 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Model A318, A319,
A320, and Model A321 series airplanes. The MCAI states:

    Several occurrences of in-flight loss of main landing gear (MLG)
fixed and hinged fairings were reported. The majority of reported
events occurred following scheduled maintenance activities. One
result of the investigation was that a discrepancy between the
drawing and the maintenance manuals was discovered. The maintenance
documents were corrected to prevent mis-rigging of the MLG fixed and
hinged fairings, which could induce fatigue cracking.
    Airbus issued Service Bulletin (SB) A320-52-1083, providing
instructions for a one-time inspection of the MLG fixed fairing
composite insert and the surrounding area, replacement of the
adjustment studs at the lower forward position and adjustment to the
new clearance tolerances. That SB was replaced by Airbus SB A320-52-
1100 (mod 27716) introducing a re-designed location stud, rod end
and location plate at the forward upper and lower leg fixed-fairing
positions. Subsequently, reports were received of post-mod 27716/
post-SB A320-52-1100 MLG fixed fairing assemblies with corrosion,
which could also induce cracking.
    This condition, if not detected and corrected, could lead to
further cases of in-flight detachment of a MLG fixed fairing,
possibly resulting in injury to persons on the ground and/or damage
to the aeroplane.
    To address this potential unsafe condition, EASA issued AD 2014-
0096 [http://ad.easa.europa.eu/blob/easa_ad_2014_0096_superseded.pdf/AD_2014-0096_1] to require [for
certain airplanes] repetitive detailed inspections (DET) of the MLG
fixed fairings,

and, depending on findings, accomplishment of applicable corrective
actions. That [EASA] AD also prohibited installation of certain MLG
fixed fairing rod end assemblies and studs as replacement parts on
aeroplanes incorporating Airbus mod 27716 in production, or modified
in accordance with Airbus SB A320-52-1100 (any revision) in service.
    Since EASA AD 2014-0096 was issued, Airbus developed an
alternative inspection programme to meet the AD requirements. In
addition, a terminating action (mod 155648) was developed, which is
to be made available for in service aeroplanes through Airbus SB
A320-52-1165.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2014-0096, which is superseded, and adds an
optional terminating action for the repetitive inspections. For
post-mod aeroplanes, i.e. incorporating Airbus mod 155648 in
production, or modified by Airbus SB A320-52-1165 in service, the
only remaining requirement is to ensure that pre-mod components are
no longer installed.
    Prompted by these developments, EASA issued AD 2015-0001,
retaining the requirements of EASA AD 2014-0096, which was
superseded, and adding an optional terminating action for the
repetitive inspections. For post-mod aeroplanes, i.e. incorporating
Airbus mod 155648 in production, or modified by Airbus SB A320-52-
1165 in service, the only remaining requirement is to ensure that
pre-mod components are no longer installed.
    Since that [EASA] AD was issued, it was discovered that a
certain plate support, Part Number (P/N) D5285600620000 as listed in
Table 3 of the [EASA] AD, remains part of the post SB A320-52-1165
configuration and is therefore not affected by any prohibition of
installation--paragraph (11) of the [EASA] AD. In addition, an error
was detected in Table 1 of the [EASA] AD (missing P/N plate support)
and paragraph (9) was found to be incorrectly worded.
    For the reasons described above, this [EASA] AD is revised to
introduce the necessary corrections.

    Required actions also include, for airplanes in Airbus pre-
modification 27716 and pre-Airbus Service Bulletin A320-52-1100
configuration on which certain components have been installed,
repetitive replacements of the fixed fairing upper and lower attachment
studs of both the RH and LH MLG. An optional terminating modification
also is provided for the repetitive replacements of the fixed fairing
upper and lower attachment studs. The optional terminating modification
includes a resonance frequency inspection for debonding of the
composite insert and delamination of the honeycomb area around the
insert, and applicable corrective actions if necessary; and
installation of new studs, rod ends, and location plates at the forward
upper and lower leg fixed-fairing positions. An additional optional
terminating modification, for airplanes in pre-modification 27716 and
pre-Airbus Service Bulletin A320-52-1100 configuration, includes
installation of a locking device, new studs, rod ends, and location
plates at the forward upper and lower leg fixed-fairing positions.
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
2458.

Related Service Information Under 1 CFR Part 51

     Airbus has issued Service Bulletin A320-52-1100, Revision
01, dated March 12, 1999. This service information describes procedures
for modification of the airplane to post-modification 27716
configuration (by replacing the location stud, rod end, and location
plate at the forward upper and lower leg fixed-fairing positions of the
MLG door assemblies). The modification includes a resonance frequency
inspection for debonding of the composite insert and delamination of
the honeycomb area around the insert, and applicable corrective
actions. Corrective actions include repairing the insert. The actions
in this service information are an optional terminating modification.
     Airbus has also issued Service Bulletin A320-52-1163,
dated February 4, 2014. This service information describes procedures
for inspection of the fixed fairing forward attachments of the MLG door
assemblies, and replacement of the fixed fairing upper and lower
attachment studs of the RH and LH MLG door assemblies.
     Airbus has issued Service Bulletin A320-52-1165, dated
November 3, 2014. This service information describes procedures for
replacing the fairing attachment stud assemblies of the MLG door
assembly with new assemblies. The actions in this service information
are an optional terminating modification.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section of this
AD.

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 these
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 851 airplanes of U.S.
registry.
    We also estimate that it would take about 18 work-hours per product
to comply with the basic inspection requirements of this proposed AD.
The average labor rate is $85 per work-hour. Required parts would cost
about $4,110 per product. Based on these figures, we estimate the cost
of this proposed AD on U.S. operators to be $4,799,640, or $5,640 per
product.
    We estimate that the optional terminating modification would take
about 18 work-hours and require parts costing $4,110, for a cost of
$5,640 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 18 work-hours and require parts costing $4,110, for a cost
of $5,640 per product. We have no way of determining the number of
aircraft that might need these actions.
    According to the manufacturer, some of the costs of this proposed
AD might be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus: Docket No. FAA-2015-2458; Directorate Identifier 2014-NM-
122-AD.

(a) Comments Due Date

    We must receive comments by August 24, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1) through (c)(4) of this AD, certificated in any category, all
manufacturer serial numbers.
    (1) Airbus Model A318-111, -112, -121, and -122 airplanes.
    (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes.
    (3) Airbus Model A320-211, -212, -214, -231, -232, and -233
airplanes.
    (4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by reports of in-flight loss of fixed and
hinged main landing gear (MLG) fairings, and reports of post-
modification MLG fixed fairing assemblies that have wear and
corrosion. We are issuing this AD to prevent in-flight detachment of
an MLG fixed fairing and consequent damage to the airplane.

(f) Compliance

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

(g) Repetitive Replacements

    For airplanes in pre-modification 27716 and pre-Airbus Service
Bulletin A320-52-1100 configuration, with any of the components
installed that are identified in paragraphs (g)(1) through (g)(5) of
this AD: At the applicable compliance time specified in paragraph
(h) of this AD, replace fixed fairing upper and lower attachment
studs of both right-hand (RH) and left-hand (LH) MLG, in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A320-52-1163, dated February 4, 2014. Repeat the replacements
thereafter at intervals not to exceed 6,500 flight cycles.
    (1) Plate--support having part number (P/N) D5284024820000.
    (2) Plate--support having part number (P/N) D5284024820200.
    (3) Stud--adjustment having P/N D5284024420000.
    (4) Rod end assembly (lower) having P/N D5284000500000.
    (5) Rod end assembly (upper) having P/N D5284000600000.

(h) Compliance Times for the Requirements of Paragraph (g) of this AD

    Do the initial replacement required by paragraph (g) of this AD
at the latest of the times specified in paragraphs (h)(1) through
(h)(4) of this AD.
    (1) Before the accumulation of 6,500 total flight cycles since
the airplane's first flight.
    (2) Within 6,500 flight cycles since the last installation of a
pre-modification 27716 stud on the airplane.
    (3) Within 1,500 flight cycles after the effective date of this
AD.
    (4) Within 8 months after the effective date of this AD.

(i) Repetitive Inspections

    For airplanes in post-modification 27716 or post-Airbus Service
Bulletin A320-52-1100 configuration, with any of the components
installed that are identified in paragraphs (i)(1), (i)(2), and
(i)(3) of this AD: At the applicable compliance time specified in
paragraph (j) of this AD, do a detailed inspection of the LH and RH
stud assemblies of the fixed fairing door upper and lower forward
attachments of both RH and LH MLG for indications of corrosion,
wear, fatigue, cracking, and loose studs, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-52-1163,
dated February 4, 2014. Repeat the inspection thereafter at
intervals not to exceed 12 months. Replacement of both RH and LH MLG
forward stud assemblies on an airplane, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-52-1163,
dated February 4, 2014, extends the interval for the next detailed
inspection to 72 months; and the inspection must be repeated
thereafter at intervals not to exceed 12 months.
    (1) Stud--adjustment having P/N D5285600720000.
    (2) Rod end assembly (lower) having P/N D5285600400000.
    (3) Rod end assembly (upper) having P/N D5285600500000.

(j) Compliance Times for the Requirements of Paragraph (i) of This AD

    Do the initial inspection required by paragraph (i) of this AD
at the latest of the times specified in paragraphs (j)(1) through
(j)(4) of this AD.
    (1) Before the accumulation of 72 months since the airplane's
first flight.
    (2) Within 72 months since the last installation of a post-
modification 27716 assembly or since accomplishment of the actions
specified in Airbus Service Bulletin A320-52-1100.
    (3) Within 1,500 flight cycles after the effective date of this
AD.
    (4) Within 8 months after the effective date of this AD.

(k) Corrective Action

    If any indication of corrosion, wear, fatigue, cracking, or
loose studs of any forward stud assembly is found during any
inspection required by paragraph (i) of this AD, except as specified
in paragraph (l) of this AD: Before further flight, replace the
upper and lower fixed fairing forward attachment assemblies of the
RH and LH MLG, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-52-1163, dated February 4, 2014; or
Airbus Service Bulletin A320-52-1165, dated November 3, 2014.

(l) Corrective Action or Repetitive Inspections for Certain Corrosion
Findings

    If any corrosion is found during any inspection required by
paragraph (i) of this AD on any MLG fixed fairing forward attachment
stud assembly (upper, lower, LH or RH), but the corroded stud is not
loose: Do the action specified in paragraph (l)(1) or (l)(2) of this
AD.
    (1) Before further flight, replace the affected assembly, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-52-1163, dated February 4, 2014; or Airbus Service
Bulletin A320-52-1165, dated November 3, 2014.
    (2) Within 4 months after finding corrosion, and thereafter at
intervals not to exceed 4 months, do a detailed inspection for
indications of corrosion, wear, fatigue, cracking, and loose studs
of the forward stud assembly of the affected (RH or LH) MLG, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-52-1163, dated February 4, 2014.

(m) Corrective Action for Inspections Specified in Paragraph (l)(2) of
This AD

    If any indication of wear, fatigue, cracking, or loose studs of
any forward stud assembly is found during any inspection required by

paragraph (l)(2) of this AD: Before further flight, replace the
affected (RH or LH) MLG fixed fairing forward attachment assembly,
in accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-52-1163, dated February 4, 2014; or Airbus Service
Bulletin A320-52-1165, dated November 3, 2014.

(n) Terminating Action

    (1) Replacement of parts on an airplane, as required by
paragraph (g), (k), or (l)(1) of this AD, does not constitute
terminating action for the repetitive inspections required by
paragraph (i) of this AD, except as specified in paragraph (n)(3) of
this AD.
    (2) The repetitive replacements required by paragraph (g) of
this AD may be terminated by modification of the airplane to post-
modification 27716 configuration, including a resonance frequency
inspection for debonding of the composite insert and delamination of
the honeycomb area around the insert, and all applicable corrective
actions, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-52-1100, Revision 01, dated March 12,
1999, provided all applicable corrective actions are done before
further flight. Thereafter, refer to paragraph (i) of this AD to
determine the compliance time for the next detailed inspection
required by this AD.
    (3) Modification of an airplane, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-52-1165,
dated November 3, 2014, constitutes terminating action for actions
required by paragraphs (g) through (m) of this AD for the airplane
on which the modification is done.

(o) Exception to Certain AD Actions

    An airplane on which Airbus Modification 155648 has been
embodied in production is not affected by the requirements of
paragraphs (g) and (i) of this AD, provided that no affected
component, identified by part number as listed paragraphs (g)(1)
through (g)(5) and (i)(1) through (i)(3) of this AD, has been
installed on that airplane since first flight of the airplane.

(p) Parts Installation Prohibition

    (1) For airplanes in pre-Airbus-Modification 27716 and pre-
Airbus-Service-Bulletin A320-52-1100 configuration: No person may
install a component identified in paragraphs (g)(1) through (g)(5)
of this AD on any airplane after doing the actions provided in
paragraph (n)(2) of this AD.
    (2) For airplanes in post-Airbus-Modification 27716 and post
Airbus Service Bulletin A320-52-1100 configuration: As of the
effective date of this AD, no person may install a component
identified in paragraphs (g)(1) through (g)(5) of this AD on any
airplane.
    (3) For airplanes in pre-Airbus-Modification 155648 and pre-
Airbus-Service-Bulletin A320-52-1165 configuration: No person may
install a component identified in paragraphs (g)(1) through (g)(5)
and (i)(1) through (i)(3) of this AD on any airplane after doing the
actions provided in paragraph (n)(3) of this AD.
    (4) For airplanes in post-Airbus-Modification 155648 and post-
Airbus-Service-Bulletin A320-52-1165 configuration: As of the
effective date of this AD, no person may install a component
identified in (g)(1) through (g)(5) and (i)(1) through (i)(3) of
this AD on any airplane.

(q) Credit for Previous Actions

    This paragraph provides credit for optional actions provided by
paragraph (n)(2) of this AD, if those actions were performed before
the effective date of this AD using Airbus Service Bulletin A320-52-
1100, dated December 7, 1998, which is not incorporated by reference
in this AD.

(r) 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>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) Contacting the Manufacturer: 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.

(s) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2015-0001R1, dated January 15,
2015, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2015-2458.
    (2) 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 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 June 30, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-16583 Filed 7-7-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: January 10, 2008 (Volume 73, Number 7)]
[Notices]
[Page 1868-1869]
[DOCID:fr10ja08-32]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-42-000]

Northern Natural Gas Company; Notice of Request Under Blanket
Authorization

January 3, 2008.
    Take notice that on December 21, 2007, Northern Natural Gas Company
(Northern), 1111 South 103rd Street, Omaha, Nebraska 68124, filed in
Docket No. CP08-42-000 a prior notice request pursuant to sections
157.205 and 157.210 of the Commission's regulations under the Natural
Gas Act (NGA) and Northern's blanket certificate issued September 1,
1982 in Docket No. CP82-401-000, for authorization to up-rate the
maximum allowable operating pressure (MAOP) on approximately twenty-
four miles of 26-inch pipeline in Yoakum and Gaines Counties, Texas,
and Lea County, New Mexico, and operate such segment of pipeline at the
higher MAOP, all as more fully set forth in the application, which is
on file with the Commission and open to public inspection. The filing
may also be viewed on the Web at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the

last three digits in the docket number field to access the document.
For assistance, contact FERC at<EMAIL_ADDRESS>or call
toll-free,<PHONE_NUMBER> or TYY<PHONE_NUMBER>.
    The estimated cost of constructing the proposed facilities is
$1,015,000.
    Any questions regarding the application should be directed to
Michael T. Loeffler, Senior Director of Certificates and External
Affairs, 1111 South 103rd Street, Omaha, Nebraska 68124, Northern
Natural Gas Company, phone<PHONE_NUMBER>.
    Any person or the Commission's Staff may, within 60 days after the
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and, pursuant to section 157.205 of
the Commission's Regulations under the Natural Gas Act (NGA) (18 CFR
157.205) a protest to the request. If no protest is filed within the
time allowed therefore, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request shall be treated as
an application for authorization pursuant to section 7 of the NGA.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should

submit an original and 14 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-224 Filed 1-9-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Notices]
[Pages 6073-6074]
[FR Doc No: 2015-02118]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD15-4-000]

Technical Conference on Environmental Regulations and Electric
Reliability, Wholesale Electricity Markets, and Energy Infrastructure;
Supplemental Notice of Technical Conference

    As announced in the Notice of Technical Conferences issued on
December 9, 2014 \1\ and the Supplemental Notice of Technical
Conferences issued on January 6, 2015,\2\ the Federal Energy Regulatory
Commission (Commission) staff will hold a Western Region \3\ technical
conference to discuss implications of compliance approaches to the
Clean Power Plan proposed rule, issued by the Environmental Protection
Agency (EPA) on June 2, 2014.\4\ The technical conference will focus on
issues related to electric reliability, wholesale electric markets and
operations, and energy infrastructure in the Western region. The
Commission will hold the Western Region technical conference on
February 25, 2015, from approximately 9:00 a.m. to 4:30 p.m. at the
Renaissance Denver Hotel, 3801 Quebec Street, Denver, CO 80207 (Phone:
(303) 399-7500). This conference is free of charge and open to the
public. Commission members may participate in the

conference. The agenda for the Western Region technical conference is
attached to this Supplemental Notice of Technical Conference.
---------------------------------------------------------------------------

    \1\ Technical Conference on Environmental Regulations and
Electric Reliability, Wholesale Electricity Markets, and Energy
Infrastructure, Docket No. AD15-4-000, (Dec. 9, 2014) (Notice of
Technical Conferences), available at http://www.ferc.gov/CalendarFiles/20141209165657-AD15-4-000TC.pdf.
    \2\ Technical Conference on Environmental Regulations and
Electric Reliability, Wholesale Electricity Markets, and Energy
Infrastructure, Docket No. AD15-4-000, (Jan. 6, 2015) (Supplemental
Notice of Technical Conferences), available at http://www.ferc.gov/CalendarFiles/20150106170115-AD15-4-000TC1.pdf.
    \3\ For purposes of this conference, the Western Region includes
all the areas in the Western Interconnection, including the
California Independent System Operator (CAISO).
    \4\ Carbon Pollution Emission Guidelines for Existing Stationary
Sources: Electric Utility Generating Units, 79 FR 34,830 (2014)
(Proposed Rule), available at http://www.gpo.gov/fdsys/pkg/FR-2014-06-18/pdf/2014-13725.pdf.
---------------------------------------------------------------------------

    Those interested in speaking at the technical conference should
notify the Commission by January 30, 2015 by completing the online form
at the following Web page: https://www.ferc.gov/whats-new/registration/02-25-15-speaker-form.asp. At this Web page, please provide an abstract
(700 character limit) of the issue(s) you propose to address. Due to
time constraints, we expect to not be able to accommodate all those
interested in speaking. Selected speakers will be notified as soon as
possible.
    If you have not already done so, those who plan to attend the
technical conference are strongly encouraged to complete the
registration form located at: https://www.ferc.gov/whats-new/registration/02-25-15-form.asp. There is no registration deadline to
attend the conference.
    The Commission will post information on the technical conference on
the Calendar of Events on the Commission's Web site, http://www.ferc.gov, prior to the conference. The Western Region technical
conference will also be transcribed. Transcripts of the technical
conference will be available for a fee from Ace-Federal Reporters, Inc.
((202) 347-3700 or 1<PHONE_NUMBER>). There will also be a free
audiocast of the conference. The audiocast will allow persons to listen
to the Western region technical conference, but not participate. Anyone
with Internet access who desires to listen to the Western region
conference can do so by navigating to www.ferc.gov's Calendar of Events
and locating the Western region technical conference in the Calendar.
The Western region technical conference will contain a link to its
audiocast.\5\
---------------------------------------------------------------------------

    \5\ The audiocast will continue to be available on the Calendar
of Events on the Commission's Web site www.ferc.gov for three months
after the conference.
_____________________________________-

    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to<EMAIL_ADDRESS>or call toll free 1 (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER>
with the required accommodations.
    For more information about the technical conferences, please
contact:

Logistical Information: Sarah McKinley, Office of External Affairs,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>Legal Information: Alan Rukin, Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Technical Information, Matthew Jentgen, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Technical Information: Michael Gildea, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
     Dated: January 26, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-02118 Filed 2-3-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 1, 2009 (Volume 74, Number 125)]
[Notices]
[Page 31424]
[DOCID:fr01jy09-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR09-13-000]

BP Canada Energy Marketing Corp, Complainant v. Kinder Morgan
Cochin LLC, Respondent; Notice of Complaint

June 24, 2009.
    Take notice that on June 19, 2009, pursuant sections 2, 3(1), 4(1),
9, 13(1), and 15(1) of the Interstate Commerce Act, 49 U.S.C. app. 2,
3(1), 4(1), 9, 13(1), and 15(1) (1988), Rule 206 of the Federal Energy
Regulatory Commission's (Commission) Rules of Practice and Procedure,
18 CFR 385.206, and section 343.2 of the Commission's Procedural Rules
Applicable to Oil Pipeline Proceedings, 18 CFR 343.2, BP Canada Energy
Marketing Corp (Complainant) filed a formal complaint against Kinder
Morgan Cochin LLC (Respondent) challenging the Respondent's line fill
policy which Complainant alleges has expired by its own terms, but
Respondent continues to apply the policy to its shippers.
    The Complainant states that copies of the complaint were served on
the Respondent.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on July 9, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-15457 Filed 6-30-09; 8:45 am]


[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Proposed Rules]
[Page 26301]
[FR Doc No: 2013-10542]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0766; FRL-9808-3]

Approval and Promulgation of Air Quality Implementation Plans;
Texas; Approval of Texas Low Emission Diesel Fuel Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing approval of a revision to the Texas State
Implementation Plan (SIP) concerning the Texas Low Emission Diesel
(TxLED) Fuel rules. The revisions clarify existing definitions and
provisions, revise the approval procedures for alternative diesel fuel
formulations, add new registration requirements, and update the rule to
reflect the current program status because the rule is now fully
implemented. This SIP revision meets statutory requirements.

DATES: Written comments must be received on or before June 5, 2013.

ADDRESSES: Comments may be mailed to Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Comments may also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the Addresses section of the direct final
rule located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Ms. Sandra Rennie, Air Planning
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>;
fax number<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, EPA is approving the State's SIP submittal without prior
proposal because the Agency views this as a noncontroversial submittal
and anticipates no adverse comments. A detailed rationale for the
approval is set forth in the direct final rule. If no adverse comments
are received in response to this action, no further activity is
contemplated. If EPA receives adverse comments, the direct final rule
will be withdrawn and all public comments received will be addressed in
a subsequent final rule based on this proposed rule. EPA will not
institute a second comment period. Any parties interested in commenting
on this action should do so at this time. Please note that if EPA
receives adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, EPA may adopt as final those provisions of the rule that are not
the subject of an adverse comment.
    For additional information, see the direct final rule which is
located in the rules section of this Federal Register.

    Dated: April 5, 2013.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2013-10542 Filed 5-3-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Rules and Regulations]
[Pages 62470-62475]
[FR Doc No: 2018-26243]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0633; FRL-9986-89-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Revisions to Regulation for Control of Ozone Season
Nitrogen Oxide Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving two
state implementation plan (SIP) revisions submitted by the State of
West Virginia. The revisions pertain to a West Virginia regulation that
established the nitrogen oxides (NOX) ozone season trading
program under the Clean Air Interstate Rule (CAIR), which implemented
requirements for NOX reductions necessary to reduce
interstate transport of pollution. The EPA-administered trading
programs under CAIR were discontinued upon the implementation of the
Cross-State Air Pollution Rule (CSAPR), which was promulgated by EPA to
replace CAIR. CSAPR established Federal implementation plans (FIPs) for
28 states, including West Virginia, and applied to electric generating
units (EGUs). The SIP submittals are comprised of revisions to the West
Virginia regulation that implemented the CAIR ozone season
NOX trading program that had previously been included in the
West Virginia SIP. The revised West Virginia regulation removed the
CAIR ozone season NOX trading program provisions, which also
addressed certain large non-electric generating units (non-EGUs),
established new requirements for these large non-EGUs, included a
state-wide NOX emissions cap, and recodified certain other
provisions that address the NOX emission reductions required
for cement kilns and internal combustion engines. EPA is approving
these SIP revisions to West Virginia's ozone season NOX
regulation in accordance with the requirements of the Clean Air Act
(CAA).

DATES: This final rule is effective on January 3, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2017-0633. All documents in the docket are listed on
the http://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
http://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers,<PHONE_NUMBER>, or by
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On August 28, 2018 (82 FR 43836), EPA published a notice of
proposed rulemaking (NPRM) which proposed approval of the SIP revisions
submitted by the State of West Virginia for revisions to Regulation
45CSR40. The first formal SIP revision was submitted by West Virginia
through the West Virginia Department of Environmental Protection
(WVDEP) on July 13, 2016. On October 10, 2017, WVDEP provided a
supplemental SIP submission comprised of a demonstration showing that
NOX emissions from applicable non-EGUs do not exceed the
West

Virginia NOX budget under EPA's NOX SIP Call.\1\
The NOX SIP Call, issued pursuant to Section 110 of the CAA
and codified at 40 CFR 51.121 and 51.122, was designed to mitigate
significant transport of NOX, one of the precursors of
ozone. At the same time, EPA developed the NOX Budget
Trading Program, an EPA-administered allowance trading program that
states could adopt to meet their obligations under the NOX
SIP Call. The NOX Budget Trading Program allowed EGUs
greater than 25 megawatts and industrial non-EGUs, such as boilers and
turbines, with a rated heat input greater than 250 million British
thermal units per hour (MMBtu/hr), referred to as ``large non-EGUs,''
to participate in a regional NOX cap and trade program. West
Virginia complied with the NOX SIP Call by participation of
its large EGUs and large non-EGUs in the NOX Budget Trading
Program. EPA discontinued administration of the NOX Budget
Trading Program in 2009 upon the start of the CAIR trading programs (70
FR 25162, May 12, 2005). The NOX SIP Call requirements
continued to apply, however, and EGUs in most states (including West
Virginia) that formerly participated in the NOX Budget
Trading Program continued to meet their NOX SIP Call
requirements under the generally more stringent requirements of the
CAIR NOX Ozone Season Trading Program, either pursuant to
CAIR FIPs (71 FR 25328, April 28, 2006) or pursuant to approved CAIR
SIP revisions.\2\ For the large non-EGUs, states needed to take
regulatory action to ensure that their obligations under the
NOX SIP Call continued to be met, either through an option
to submit a CAIR SIP revision that allowed the non-EGUs to participate
in the CAIR NOX Ozone Season Trading Program or through
adoption of other replacement regulations. West Virginia chose to
include the large non-EGUs as CAIR trading sources, and submitted, for
inclusion in the SIP, Regulation 40CSR40 which implemented the CAIR
NOX Ozone Season Trading Program and included the non-EGUs
as trading sources. EPA approved Regulation 45CSR40 into the West
Virginia SIP on August 4, 2009 (74 FR 38536). 45CSR40 also included
requirements for stationary internal combustion engines and cement
manufacturing kilns that are subject to the NOX SIP Call.
---------------------------------------------------------------------------

    \1\ In October 1998 (63 FR 57356), EPA finalized the ``Finding
of Significant Contribution and Rulemaking for Certain States in the
Ozone Transport Assessment Group Region for Purposes of Reducing
Regional Transport of Ozone''--commonly called the NOX
SIP Call.
    \2\ EPA approved a CAIR SIP revision replacing the CAIR FIP for
West Virginia on August 4, 2009 (74 FR 38536).
---------------------------------------------------------------------------

    When CSAPR replaced CAIR starting on January 1, 2015,\3\ the CSAPR
FIP trading programs for annual NOX, ozone season
NOX and annual SO2 were applicable in West
Virginia. Thus, since January 1, 2015, the provisions related to
implementation of the CAIR Ozone Season Trading Program in West
Virginia regulation 45CSR40 were obsolete. Initially, the CSAPR FIP
trading programs applied only to EGUs and, unlike CAIR, did not provide
for expansion of the ozone season trading program to include the
NOX SIP Call large non-EGUs. States, like West Virginia,
whose large non-EGUs had previously traded in the CAIR NOX
Ozone Season Trading Program, were therefore required to address the
non-EGU reduction requirements of the NOX SIP Call outside
of a regional trading program.\4\
---------------------------------------------------------------------------

    \3\ See NPRM for this action, page 43837, for details on the
remand of CAIR.
    \4\ Subsequent to West Virginia's July 13, 2016 submission, EPA
finalized the CSAPR Update Rule to address transport related to the
2008 ozone NAAQS. It is noted that CSAPR Update included flexibility
for states to submit SIPs that expand the CSAPR ozone season trading
program to include the large non-EGUs. West Virginia has not
submitted a SIP that includes the non-EGUs as participants in the
CSAPR trading program.
---------------------------------------------------------------------------

    The CSAPR FIPs which replaced CAIR only applied to EGUs, and, at
the time West Virginia developed its SIP submittal, states did not have
an option under CSAPR to bring their non-EGUs into the CSAPR
NOX Ozone Season Trading Program. So, while EGU compliance
with CSAPR satisfied the EGUs' NOX SIP Call requirements,
West Virginia needed to modify its ozone season NOX
regulation to address the NOX SIP Call requirements for the
non-EGUs that were formerly trading in the CAIR NOX ozone
season trading program. 40 CFR 51.121(f) sets forth alternatives for
states to address NOX SIP Call reduction obligations for
large non-EGUs including (1) imposing a NOX mass emissions
cap on each source, (2) imposing a NOX emissions rate limit
on each source and assuming maximum operating capacity for every such
source for purposes of estimating NOX mass emissions, or (3)
imposing other regulatory requirements that the state has demonstrated
to EPA provide equivalent or greater assurance that the state will
comply with its ozone season NOX budget.

II. Summary of SIP Revision and EPA Analysis

    Former Regulation 45CSR40 (effective in West Virginia on July 1,
2016), which was approved into the West Virginia SIP, was originally
adopted by WVDEP to implement the ozone season trading program under
CAIR and to address NOX SIP Call requirements. The July 13,
2016 West Virginia SIP submittal is comprised of a revised 45CSR40
which removed the CAIR Ozone Season Trading Program provisions,
retained the definitions, applicability, and other provisions
responding to the NOX SIP Call (including monitoring under
40 CFR part 75), added new requirements to address its NOX
SIP Call obligations for sources that were trading under CAIR but are
no longer part of a trading program, and retained and recodified the
limits on NOX emissions that applied to stationary internal
combustion engines and cement kilns previously in the former version of
45CSR40 (with a State effective date of May 1, 2008) which EPA had
approved into the West Virginia SIP. As the CAIR trading program has
been replaced by the trading programs under CSAPR, as described
previously, these revisions removing references to CAIR are consistent
with the requirements for CAA 110(l) as CAIR was replaced by CSAPR and
thus no longer yielded reductions in pollutants nor presently applied
to any sources.
    On February 8, 2018, WVDEP provided a letter clarifying an
applicability exclusion specified in section 4 of 45CSR40 of the July
13, 2016 SIP submittal. The letter clarifies that the West Virginia
regulation was intended to refer to current provisions of CSAPR, and
thus is intended to refer to updated CSAPR provisions. The letter
states that West Virginia will work towards revising 45CSR40 as
expeditiously as possible to conform the regulation to refer to
currently enforceable CSAPR provisions and will submit the revised
45CSR40 as a SIP revision to EPA for approval once the regulation
correctly refers to 40 CFR part 97, subpart EEEEE.
    Other specific requirements of revised West Virginia regulation
45CSR40 and the rationale for EPA's proposed approval are explained in
the NPRM and will not be restated here. However, EPA provides two
clarifications on the NPRM--one pertains to an aspect of EPA's summary
of the new sections in 45CSR40 that address ozone season NOX
emissions, and the second pertains to the date of West Virginia's
supplemental SIP submission.
    EPA's summary of section 4 (Applicability) explained that any unit
that is already subject to the CSAPR NOX Ozone Season
Trading Program FIP established under 40 CFR part 97, subpart BBBBB is
exempt from the ozone season NOX emission limits,

monitoring, recordkeeping, and reporting requirements established in
sections 5 and 6 of 45CSR40.\5\ Section 4 of 45CSR40 also exempts from
applicability any units subject to a CSAPR-equivalent trading program
established under regulations approved as a SIP revision pursuant to 40
CFR 52.38(b)(5).\6\ Thus, while West Virginia presently does not have a
CSAPR-equivalent program in its SIP, if West Virginia submits a SIP
revision for a CSAPR-equivalent trading program in the future, and EPA
approves the submittal into the State's SIP, sections 5 and 6 of
45CSR40-4 would not apply to such units. EPA's intent, as stated in the
NPRM, is to approve the State submission in full, including the
entirety of section 4. Thus, our approval of 45CSR40 is not affected;
we are providing this clarification to explain the breadth of 45CSR40.
---------------------------------------------------------------------------

    \5\ As noted in section I of this document, West Virginia
intends to update the existing reference to 40 CFR part 97, subpart
BBBBB to cross-reference the currently applicable CFR provisions at
40 CFR part 97, subpart EEEEE, after which West Virginia will submit
the updated regulation to EPA for approval into the SIP.
    \6\ Consistent with the State's clarification that the existing
reference to 40 CFR part 97, subpart BBBBB, is intended to cross-
reference the currently applicable CFR provisions at 40 CFR part 97,
subpart EEEEE, the existing reference to 40 CFR 52.38(b)(5) should
be understood as referring to the currently applicable CFR provision
at 40 CFR 52.38(b)(9).
---------------------------------------------------------------------------

    Also, EPA clarifies that the October 10, 2017 SIP submission, which
West Virginia submitted to demonstrate compliance with its
NOX SIP Call non-EGU NOX emissions budget, was
the only supplemental submission from West Virginia. The references to
an October 11, 2017 and an October 13, 2017 supplemental submission
were in error and should have instead referred to the October 10, 2017
submittal, which is included in the docket for this rulemaking action.

III. Public Comments and EPA's Responses

    EPA received three anonymous comments on the NPRM, all of which are
in the docket for this rulemaking at www.regulations.gov. One of the
comments did not concern any of the specific issues raised in the NPRM,
nor did they address EPA's rationale for the proposed approval of
WVDEP's submittal. Therefore, EPA is not responding to this comment.
The remaining two comments are addressed as follows:
    Comment 1: A commenter noted that the NPRM made reference to an
October 11, 2017 and an October 13, 2017 supplemental submission from
West Virginia, and asked where these submissions were as the docket
only included a supplemental submission dated October 10, 2017.
    EPA Response: The references to the October 11, 2017 and October
13, 2017 submittals were in error as EPA intended to refer instead to
the October 10, 2017 supplemental submission. There was only one
supplemental submission from West Virginia--the October 10, 2017
submittal, which provided the demonstration that West Virginia's
NOX budget was being met. The docket included this
submittal, and the preamble to this final rulemaking notice explains
that the NPRM inadvertently cited the two incorrect dates that were
both intended to refer to the October 10, 2017 submittal.
    Comment 2: A commenter made a general comment that, because of the
large coal mining industry in West Virginia, air pollution should be
taken seriously to ensure good air quality.
    EPA Response: As explained in this document and in the NPRM, this
action establishes new requirements for large non-EGUs to meet West
Virginia's obligations under the NOX SIP Call. Total
NOX emissions from all affected units may not exceed West
Virginia's statewide NOX budget, or cap, established by EPA
under the NOX SIP Call. Continuous emissions monitoring,
recordkeeping, and reporting are required to assure NOX
emissions do not exceed the State cap. Thus, the 45CSR40 in the West
Virginia SIP will not interfere with the air quality or CAA
requirements, as EPA explained in the NPRM.

IV. Final Action

    EPA is approving West Virginia's July 13, 2016 SIP revision
submittal as supplemented on October 10, 2017 and clarified on February
8, 2018. Amended regulation 45CSR40 removes the obsolete provisions
that implemented the CAIR NOX Ozone Season Trading Program,
establishes new requirements to address the NOX SIP Call
obligations for large non-EGUs in the State that were trading under
CAIR but are no longer part of a trading program, establishes an
enforceable statewide cap on ozone season NOX emissions for
these non-EGUs in accordance with West Virginia's state budget under
the NOX SIP Call, and recodifies previously SIP-approved
provisions that apply to internal combustion engines and cement kilns.
The October 10, 2017 supplemental submission demonstrates that the
total NOX emissions from all affected large non-EGUs in West
Virginia do not exceed the State cap previously established for West
Virginia under the NOX SIP Call. The February 8, 2018 letter
clarified West Virginia's intent to refer specifically to provisions of
CSAPR presently enforceable and its intent to address the minor
citation cross reference expeditiously with a future SIP revision
submittal. The revisions are in accordance with section 110 of the CAA
as the SIP submittal meets requirements in the CAA and in 40 CFR 51.121
related to the NOX SIP Call requirements.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of West Virginia
regulation 45CSR40--Control of Ozone Season Nitrogen Oxides Emissions.
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region III Office
(please contact the person identified in the For Further Information
Contact section of this preamble for more information). Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\7\
---------------------------------------------------------------------------

    \7\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because
    SIP approvals are exempted under Executive Order 12866.

     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 4, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action approving West Virginia revised regulation 45CSR40
into the West Virginia SIP may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: November 13, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (c) is amended by:
0
a. Revising the heading ``[45 CSR] Series 40 Control of Ozone Season
Nitrogen Oxide Emissions to Mitigate Interstate Transport of Ozone and
Nitrogen Oxides'' to read ``[45 CSR] Series 40 Control of Ozone Season
Nitrogen Oxides Emissions'';
0
b. Revising ``Section 45-40-1'' through ``Section 45-40-11'';
0
c. Adding ``Section 45-40-9'' in numerical order;
0
d. Removing ``Section 45-40-12'' through ``Section 45-40-110'';
    The addition and revisions read as follows:

Sec.  52.2520   Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved Regulations In the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                          State                                  Additional
 State citation [chapter 16-20      Title/subject       effective     EPA approval date    explanation/ citation
          or 45 CSR ]                                      date                              at 40 CFR 52.2565
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                      [45 CSR] Series 40 Control of Ozone Season Nitrogen Oxides Emissions
----------------------------------------------------------------------------------------------------------------
Section 45-40-1...............  General..............       7/1/16  12/4/2018, [insert     Revising 1.1.a,
                                                                     Federal Register       1.1.b, and 1.1.c.
                                                                     citation].            Removing 1.2 and 1.3.
                                                                                Recodifying 1.4 and
                                                                                1.5 to 1.2 and 1.3,
                                                                                respectively.
                                                                                Revising 1.7 and
                                                                                recodifying as 1.5.
                                                                                Prior approval of
                                                                                this section was 74
                                                                                FR 38536 on 8/4/09.

Section 45-40-2...............  Definitions..........       7/1/16  12/4/2018, [insert     Removing 2.1, 2.2,
                                                                     Federal Register       2.3, 2.5-2.8, 2.10-
                                                                     citation].             2.28, 2.31-2.34,
                                                                                2.36-2.39, 2.41,
                                                                                2.42, 2.46-2.52,
                                                                                2.54, 2.58, 2.59,
                                                                                2.62-2.66, 2.68-
                                                                                2.70, 2.72, 2.75,
                                                                                2.78-2.82, 2.84-
                                                                                2.87, 2.89, 2.90,
                                                                                2.92, 2.93, 2.95-
                                                                                2.97, and 2.99-
                                                                                2.103.
                                                                                Revising 2.35 and
                                                                                recodifying as 2.5.
                                                                                Revising 2.40 and
                                                                                recodifying as 2.6.
                                                                                Revising 2.43 and
                                                                                recodifying as 2.7.
                                                                                Revising 2.45 and
                                                                                recodifying as 2.8.
                                                                                Revising 2.45 and
                                                                                recodifying as 2.9.
                                                                                Revising 2.60 and
                                                                                recodifying as 2.14.
                                                                                Revising 2.61 and
                                                                                recodifying as 2.15.
                                                                                Revising 2.71 and
                                                                                recodifying as 2.17.
                                                                                Revising 2.88 and
                                                                                recodifying as 2.23.
                                                                                Revising 2.94 and
                                                                                recodifying as 2.25.
                                                                                Revising 2.98 and
                                                                                recodifying as 2.26.
                                                                                Recodifying 2.4 as
                                                                                2.1, 2.9 as 2.2,
                                                                                2.29 as 2.3,
                                                                                2.30 as 2.4, 2.40 as
                                                                                2.6, 2.44 as 2.8,
                                                                                2.53 as 2.10, 2.55
                                                                                as 2.11, 2.56 as
                                                                                2.12, 2.57 as 2.13,
                                                                                2.60 as 2.14, 2.67
                                                                                as 2.16, 2.73 as
                                                                                2.18, 2.74 as 2.19,
                                                                                2.76 as 2.20, 2.77
                                                                                as 2.21,
                                                                                2.83 as 2.22, 2.91 as
                                                                                2.24, and 2.104 as
                                                                                2.27.
                                                                                Prior approval of
                                                                                this section was 74
                                                                                FR 38536 on 8/4/09.
Section 45-40-3...............  Measurements,               7/1/16  12/4/2018, [insert     Removed definitions
                                 Abbreviations and                   Federal Register       for Hg, kW, kWh,
                                 Acronyms.                           citation].             MWw, MWh, O2, ppm,
                                                                                lb, scfh, SO2, and
                                                                                H2O.
                                                                                Prior approval of
                                                                                this section was 74
                                                                                FR 38536 on 8/4/09.
Section 45-40-4...............  Applicability........       7/1/16  12/4/2018, [insert     Remove preamble, 4.1,
                                                                     Federal Register       4.2, 4.3, 4.4, and
                                                                     citation].             4.5.
                                                                                Add new 4.1, 4.2, and
                                                                                4.3.
                                                                                Prior approval of
                                                                                this section was 74
                                                                                FR 38536 on 8/4/09.
Section 45-40-5...............  Ozone Season NOX            7/1/16  12/4/2018, [insert     Prior approval of
                                 Emission Limitations.               Federal Register       this section was 74
                                                                     citation].             FR 38536 on 8/4/09.
Section 45-40-6...............  Monitoring,                 7/1/16  12/4/2018, [insert     Prior approval of
                                 Recordkeeping and                   Federal Register       this section was 74
                                 Reporting                           citation].             FR 38536 on 8/4/09.
                                 Requirements.
Section 45-40-7...............  Violation............       7/1/16  12/4/2018, [insert     Prior approval of
                                                                     Federal Register       this section was 74
                                                                     citation].             FR 38536 on 8/4/09.
Section 45-40-8...............  Ozone Season NOX            7/1/16  12/4/2018, [insert     Prior approval of
                                 Budget Demonstration.               Federal Register       this section was 74
                                                                     citation].             FR 38536 on 8/4/09.
Section 45-40-9...............  Ozone Season NOX            7/1/16  12/4/2018, [insert     Prior approval of
                                 Reduction                           Federal Register       this section was 74
                                 Requirements for                    citation].             FR 38536 on 8/4/09.
                                 Stationary Internal
                                 Combusion Engines.
Section 45-40-10..............  Ozone Season NOX            7/1/16  12/4/2018, [insert     Prior approval of
                                 Reduction                           Federal Register       this section was 74
                                 Requirements for                    citation].             FR 38536 on 8/4/09.
                                 Emissions of NOX
                                 from Cement
                                 Manufacturing Kilns.
Section 45-40-11..............  Inconsistency Between       7/1/16  12/4/2018, [insert     Prior approval of
                                 Rules.                              Federal Register       this section was 74
                                                                     citation].             FR 38536 on 8/4/09.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-26243 Filed 12-3-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: June 28, 2007 (Volume 72, Number 124)]
[Notices]
[Page 35452]
[DOCID:fr28jn07-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-492-000]

Natural Gas Pipeline Company; Notice of Petition for Temporary
Waiver of Tariff Provisions

June 20, 2007.
    Take notice that on June 15, 2007, Natural Gas Pipeline Company of
America (Natural) tendered for filing a Petition For Temporary Waiver
of Tariff Provisions and Request for Expedited Action.
    Natural states that the purpose of this filing is to seek a
temporary waiver of certain tariff provisions in order to expand
opposite leg secondary point rights, so as to offset the impact of an
expected outage of Natural's Amarillo Mainline during the months of
July through September 2007 that will remove from service a pipeline
valve section of Segment 14, extending from the east side of the
Mississippi River to Natural's Compressor Station 10 in Henry County,
Illinois.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Intervention and Protest Date: 5 p.m. Eastern Time June 26, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-12475 Filed 6-27-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 226 (Monday, November 27, 2023)]
[Notices]
[Page 82891]
[FR Doc No: 2023-26038]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2023-0551; FRL-8242.2-02-OW]

Implementing the Supreme Court's Maui Decision in the Clean Water
Act Section 402 National Pollutant Discharge Elimination System Permit
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of draft guidance.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) is issuing for
public comment a draft guidance on applying the recent decision of the
United States Supreme Court in County of Maui v. Hawaii Wildlife Fund,
in the Clean Water Act Section 402 National Pollutant Discharge
Elimination System (NPDES) permit program for point source discharges
that travel through groundwater before reaching a water of the United
States. This guidance will not have the force and effect of law and it
will not bind the public in any way. By issuing this guidance, the EPA
intends only to provide clarity to the public regarding existing
requirements under the law or Agency policies.

DATES: Comments must be received on or before December 27, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2023-0551, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov
(our preferred method). Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Water Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460.
     Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m.,
Monday through Friday (except Federal Holidays).
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.

FOR FURTHER INFORMATION CONTACT: Marcus Zobrist, Office of Wastewater
Management, Water Permits Division (MC4203M), Environmental Protection
Agency. 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone
number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Public Participation

    Submit your comments, identified by Docket ID No. EPA-HQ-OW-2023-
0551, at https://www.regulations.gov (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. The EPA may
publish any comment received to its public docket. Do not submit to the
EPA's docket at https://www.regulations.gov any information you
consider to be Confidential Business Information (CBI), Proprietary
Business Information (PBI), or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the
full EPA public comment policy; information about CBI, PBI, or
multimedia submissions; and general guidance on making effective
comments.

II. How can I get copies of this document and other related
information?

    You may access this document electronically at https://www.epa.gov/npdes/releases-point-source-groundwater or at https://www.federalregister.gov. The EPA established an official public docket
under Docket ID No. EPA-HQ-OW-2023-0551 which is accessible
electronically at http://www.regulations.gov that will also contain
copies of this Federal Register document. The public docket does not
include CBI or other information whose disclosure is restricted by
statute. The telephone number for the Water Docket is<PHONE_NUMBER>.

Radhika Fox,
Assistant Administrator.
[FR Doc. 2023-26038 Filed 11-24-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Rules and Regulations]
[Pages 69862-69864]
[FR Doc No: 2010-28456]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1126; Directorate Identifier 2010-SW-078-AD;
Amendment 39-16515; AD 2010-18-52]
RIN 2120-AA64

Airworthiness Directives; MD Helicopters, Inc. Model MD900
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: This document publishes in the Federal Register an amendment
adopting Emergency Airworthiness Directive (AD) 2010-18-52 which was
sent previously to all known owners and operators of MD Helicopters,
Inc. (MDHI) Model MD900 helicopters by individual letters. This AD
requires visually inspecting the main rotor hub (hub) for a crack. If a
crack is found, this AD requires, before further flight, replacing the
unairworthy hub with an airworthy hub. Additionally, if a cracked hub
is found, this AD requires reporting the finding to the Los Angeles
Aircraft Certification Office within 10 days of finding the crack. This
AD is prompted by two reports of cracks detected in the hub in the area
near the flex beam bolt hole locations during maintenance on two MDHI
Model MD900 helicopters. The actions specified by this AD are intended
to detect a crack in the hub and prevent failure of the hub and
subsequent loss of control of the helicopter.

DATES: Effective December 1, 2010, to all persons except those persons
to whom it was made immediately effective by Emergency AD 2010-18-52,
issued on August 23, 2010, which contained the requirements of this
amendment.
    Comments for inclusion in the Rules Docket must be received on or
before January 18, 2011.

ADDRESSES: Use one of the following addresses to submit comments on
this AD:
     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 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from MD
Helicopters, Inc., 4555 East McDowell Road, Mesa, Arizona 85215-9734,
USA, telephone<PHONE_NUMBER> or<PHONE_NUMBER>, fax<PHONE_NUMBER>, or
at<EMAIL_ADDRESS>    Examining the Docket: You may examine the docket that contains the
AD, any comments, and other information 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 Docket Operations office (telephone<PHONE_NUMBER>) is
located in Room W12-140 on the ground floor of the West Building at the
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Roger Durbin, Aviation Safety
Engineer, FAA, Los Angeles Aircraft Certification Office, Airframe
Branch, 3960 Paramount Blvd., Lakewood, California 90712, telephone
(562) 627-5233, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On August 18, 2010, we issued Emergency AD
2010-18-51. That Emergency AD was prompted by two reports of cracks
detected in the hub in the area near the flex beam bolt hole locations
during

maintenance on two MDHI Model MD900 helicopters. That Emergency AD
required, within 4 hours time-in-service, visually inspecting the hub
for a crack, paying particular attention to the area of the 5 flex beam
bolt hole locations. If you found a crack, the Emergency AD 2010-18-51
required, before further flight, replacing the unairworthy hub with an
airworthy hub. If you found a cracked hub, the Emergency AD also
required, within 10 days of finding the crack, reporting the finding to
the Los Angeles Aircraft Certification Office.
    After we issued Emergency AD 2010-18-51, we discovered that we used
part number (P/N) 900R2102008-103, -105, and -107, in the
``Applicability'' section of the AD, which is incorrect. The correct P/
N is 900R2101008-103, -105, and -107. Therefore, we superseded
Emergency AD 2010-18-51 with Emergency AD 2010-18-52. Emergency AD
2010-18-52 contains the same requirements as Emergency AD 2010-18-51
but corrects the P/N for the hub.
    We have reviewed two letters issued by MDHI, dated August 11 and
August 16, 2010, recommending visual inspections, feedback from
operators, and diligence in conducting ``preflight inspections'' of the
hub. MDHI has received reports of two cracked hubs. The hubs were
returned to MDHI for evaluation, and MDHI is analyzing the cracked
hubs.
    This unsafe condition is likely to exist or develop on other
helicopters of the same type design. Therefore, this AD requires,
within 4 hours time in service, visually inspecting the hub for a
crack, paying particular attention to the area of the 5 flex beam bolt
hole locations. If you find a crack, this AD requires, before further
flight, replacing the unairworthy hub with an airworthy hub. If you
find a cracked hub, this AD also requires, within 10 days of finding
the crack, reporting the finding to the Los Angeles Aircraft
Certification Office. This AD is an interim action pending the results
of an ongoing investigation to determine further corrective actions.
    The short compliance time involved is required because the
previously described critical unsafe condition can adversely affect the
structural integrity and controllability of the helicopter. Therefore,
a visual inspection of the hub is required within 4 hours time-in-
service. If a crack is found, the unairworthy hub must be replaced with
an airworthy hub before further flight, and this AD must be issued
immediately.
    Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual letters
issued on August 23, 2010 to all known U.S. owners and operators of
MDHI Model MD900 helicopters. These conditions still exist, and the AD
is hereby published in the Federal Register as an amendment to 14 CFR
39.13 to make it effective to all persons. However, we have added a
paragraph (c) to the AD to add information regarding the Paperwork
Reduction Act Burden Statement. We have determined that this change
neither increases the economic burden on any operator nor increases the
scope of the AD.
    We estimate that this AD will affect 33 helicopters of U.S.
registry. The required inspection of the hub will take approximately 1
work hour per helicopter to accomplish at an average labor rate of $85
per work hour for a labor cost of $85 per helicopter. If a cracked hub
is found, it will take approximately 11 hours per helicopter to replace
the hub at an average labor rate of $85 per work hour for a labor cost
of $935 per helicopter. Therefore, it is estimated that the actions
required by this AD will require a total of 12 work hours per
helicopter for a total labor cost of $1,020. Required parts will cost
approximately $12,480 for each hub. Based on these figures, we estimate
the total cost impact of the AD on U.S. operators to be $29,635. This
estimation assumes that each affected helicopter is inspected and that
only two helicopters have a hub that is cracked and needs to be
replaced.

Comments Invited

    This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any written data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2010-1126; Directorate
Identifier 2010-SW-078-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the AD. We will consider all
comments received by the closing date and may amend the AD in light of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this AD. Using the search function of our
docket Web site, you can find and read the comments to any of our
dockets, including the name of the individual who sent the comment. You
may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78).

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 the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD. See the AD docket to examine the economic evaluation.

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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration

amends part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive to
read as follows:
2010-18-52 MD Helicopters, Inc.: Amendment 39-16515. Docket No. FAA-
2010-1126; Directorate Identifier 2010-SW-078-AD. Supersedes
Emergency AD 2010-18-51, Directorate Identifier 2010-SW-076-AD.

    Applicability: Model MD900 helicopters, with lower main rotor
hub (hub), part number 900R2101008-103, -105, and -107, installed,
certificated in any category.
    Compliance: Required as indicated, unless accomplished
previously.
    To detect a crack in the hub and prevent the failure of the hub
and subsequent loss of control of the helicopter, do the following:
    (a) Within 4 hours time-in-service, visually inspect the hub for
a crack, paying particular attention to the area of the 5 flex beam
bolt hole locations. If you find a crack, before further flight,
replace the hub with an airworthy hub.
    (b) If you find a crack, within 10 days, report the finding to
Roger Durbin, Aviation Safety Engineer, FAA, Los Angeles Aircraft
Certification Office, Airframe Branch, e-mail<EMAIL_ADDRESS>or fax<PHONE_NUMBER>.
    (c) A federal agency may not conduct or sponsor, and a person is
not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
    (d) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Manager, Los Angeles Aircraft Certification Office, FAA,
ATTN: Roger Durbin, Aviation Safety Engineer, Airframe Branch, 3960
Paramount Blvd., Lakewood, California 90712, telephone (562) 627-
5233, fax<PHONE_NUMBER>, for information about previously approved
alternative methods of compliance.
    (e) The Joint Aircraft System/Component (JASC) Code is 6220:
Main Rotor Head.
    (f) This amendment becomes effective on December 1, 2010, to all
persons except those persons to whom it was made immediately
effective by Emergency AD 2010-18-52, issued August 23, 2010, which
contained the requirements of this amendment.

    Issued in Fort Worth, Texas, on November 5, 2010.
Lance T. Gant,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-28456 Filed 11-15-10; 8:45 am]
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