[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Rules and Regulations]
[Pages 45317-45322]
[FR Doc No: 2014-16706]

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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 79, No. 150 / Tuesday, August 5, 2014 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0807; Directorate Identifier 2011-NM-191-AD;
Amendment 39-17888; AD 2014-13-12]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A318, A319, A320, and A321 series airplanes. This AD was
prompted by reports of silicon particles inside the oxygen generator
manifolds, which had chafed from the mask hoses during installation
onto the generator outlets. This AD requires identifying the part
number and serial number of each passenger oxygen container, replacing
the oxygen generator manifold of any affected oxygen container with a
serviceable manifold, and performing an operational check of the manual
mask release, and corrective actions if necessary. We are issuing this
AD to detect and correct non-serviceable oxygen generator manifolds,
which could reduce or block the oxygen supply and result in injury to
passengers when oxygen supply is needed.

DATES: This AD becomes effective September 9, 2014.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 9,
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2012-0807; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Airbus,
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 by adding an AD that would apply to all Airbus
Model A318 series airplanes and Model A319, A320, and A321 series
airplanes. The SNPRM published in the Federal Register on February 10,
2014 (79 FR 7603). We preceded the SNPRM with a notice of proposed
rulemaking (NPRM) that published in the Federal Register on August 16,
2012 (77 FR 49386).
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2012-0083, dated May 16, 2012 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model
A318, A319, A320, and A321 series airplanes. The MCAI states:

    During production of passenger oxygen containers, the
manufacturer B/E Aerospace detected some silicon particles inside
the oxygen generator manifolds. Investigation revealed that those
particles (chips) had chafed from the mask hoses during installation
onto the generator outlets. It was discovered that a defective mask
hose installation device had caused the chafing.
    This condition, if not detected and corrected, could reduce or
block the oxygen supply, possibly resulting in injury to passengers
when oxygen supply is needed.
    To address this potential unsafe condition, EASA issued AD 2011-
0167 [(http://ad.easa.europa.eu/blob/easa_ad_2011_0167_superseded.pdf/AD_2011_0167_1)] to require the identification [of
the part number and serial number] and modification of the affected
[non-serviceable] oxygen container assemblies. That AD also
prohibited the installation of the affected containers on any
aeroplane as replacement parts.
    Since that [EASA] AD was issued, it was established that the
Models A318-121 and A318-122 were missing from the Applicability of
the AD, and clarification was necessary regarding the affected
containers, which are only those marked B/E Aerospace Systems on the
equipment data plate.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2011-0167, which is superseded, expands the
Applicability by adding two aeroplane models, and provides clarity
by providing a list of affected passenger oxygen containers.

Required actions also include replacing the oxygen generator manifold
of the affected oxygen container with a serviceable manifold, doing an
operational check of the manual mask release, and repairing the
passenger oxygen container if necessary. You may examine the MCAI in
the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2012-0807-0006.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the SNPRM (79 FR 7603, February 10,
2014) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any

actions approved by the State of Design Authority (or its delegated
agent) are considered to be FAA-approved.
    In the SNPRM (79 FR 7603, February 10, 2014), we proposed to
prevent the use of repairs that were not specifically developed to
correct the unsafe condition, by requiring that the repair approval
provided by the State of Design Authority or its delegated agent
specifically refer to this FAA AD. This change was intended to clarify
the method of compliance and to provide operators with better
visibility of repairs that are specifically developed and approved to
correct the unsafe condition. In addition, we proposed to change the
phrase ``its delegated agent'' to include a design approval holder
(DAH) with State of Design Authority design organization approval
(DOA), as applicable, to refer to a DAH authorized to approve required
repairs for the SNPRM.
    No comments were provided to the SNPRM (79 FR 7603, February 10,
2014) about these proposed changes. However, a comment was provided for
an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 78285,
December 26, 2013). The commenter stated the following: ``The proposed
wording, being specific to repairs, eliminates the interpretation that
Airbus messages are acceptable for approving minor deviations
(corrective actions) needed during accomplishment of an AD mandated
Airbus service bulletin.''
    This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed that paragraph and
retitled it ``Contacting the Manufacturer.'' This paragraph now
clarifies that for any requirement in this AD to obtain corrective
actions from a manufacturer, the action must be accomplished using a
method approved by the FAA, the European Aviation Safety Agency (EASA),
or Airbus's EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or
other information.
    This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
    Other commenters to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) pointed out that in many cases
the foreign manufacturer's service bulletin and the foreign authority's
MCAI might have been issued some time before the FAA AD. Therefore, the
DOA might have provided U.S. operators with an approved repair,
developed with full awareness of the unsafe condition, before the FAA
AD is issued. Under these circumstances, to comply with the FAA AD, the
operator would be required to go back to the manufacturer's DOA and
obtain a new approval document, adding time and expense to the
compliance process with no safety benefit.
    Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a
requirement, the FAA will coordinate with affected DAHs and verify they
are prepared to implement means to ensure that their repair approvals
consider the unsafe condition addressed in this AD. Any such
requirements will be adopted through the normal AD rulemaking process,
including notice-and-comment procedures, when appropriate. We also have
decided not to include a generic reference to either the ``delegated
agent'' or ``DAH with State of Design Authority design organization
approval,'' but instead we have provided the specific delegation
approval granted by the State of Design Authority for the DAH
throughout this AD.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
     Are consistent with the intent that was proposed in the
SNPRM (79 FR 7603, February 10, 2014) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM (79 FR 7603, February 10, 2014).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 22 airplanes of U.S. registry.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replacement (The average number of      3 work-hours x $85 per                $0            $255          $5,610
 oxygen containers per airplane is       hour = $255.
 50.).
Operational check.....................  3 work-hours x $85 per                 0             255           5,610
                                         hour = $255.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Repair (from operational check)...............  1 work-hour x $85 per hour = $85              $0             $85
Repair (from part number check of the           1 work-hour x $85 per hour = $85               0              85
 passenger oxygen container).
----------------------------------------------------------------------------------------------------------------

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2012-0807; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2014-13-12 Airbus: Amendment 39-17888. Docket No. FAA-2012-0807;
Directorate Identifier 2011-NM-191-AD.

(a) Effective Date

    This AD becomes effective September 9, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A318-111, -112, -121, and -122
airplanes; A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes; A320-111, -211, -212, -214, -231, -232, and -233
airplanes; A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes; certificated in any category; all manufacturer serial
numbers (MSN).

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Reason

    This AD was prompted by reports of silicon particles inside the
oxygen generator manifolds, which had chafed from the mask hoses
during installation onto the generator outlets. We are issuing this
AD to detect and correct non-serviceable oxygen generator manifolds,
which could reduce or block the oxygen supply, and result in injury
to passengers when oxygen supply is needed.

(f) Compliance

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

(g) Part Number and Serial Number Identification

    Within 5,000 flight cycles, or 7,500 flight hours, or 24 months,
whichever occurs first after the effective date of this AD, identify
the part number and serial number of each passenger oxygen
container. A review of airplane maintenance records is acceptable in
lieu of this identification if the part number and serial number of
the oxygen container can be conclusively determined from that
review.

(h) Replacement, Check, Repair

    If the part number of the passenger oxygen container is listed
in paragraph (h)(1) of this AD and the serial number of the
passenger oxygen container is listed in paragraph (h)(2) of this AD:
Within the compliance time specified in paragraph (g) of this AD, do
the actions specified in paragraphs (h)(3), (h)(4), and (h)(5) of
this AD, except as provided by paragraphs (i)(1) through (i)(7) of
this AD.
    (1) (Type I: 15 and 22 minutes) 12C15Lxxxxx0100,
12C15Rxxxxx0100, 13C15Lxxxxx0100, 13C15Rxxxxx0100, 14C15Lxxxxx0100,
14C15Rxxxxx0100, 12C22Lxxxxx0100, 12C22Rxxxxx0100, 13C22Lxxxxx0100,
13C22Rxxxxx0100, 14C22Lxxxxx0100, and 14C22Rxxxxx0100; and (Type II:
15 and 22 minutes) 22C15Lxxxxx0100, 22C15Rxxxxx0100,
22C22Lxxxxx0100, and 22C22Rxxxxx0100.

    Note 1 to paragraph (h)(1) of this AD: The passenger emergency
oxygen container assemblies listed in paragraph (h)(1) of this AD
are products having the mark ``B/E AEROSPACE'' on the identification
plate.

    (2) ARBA-0000 to ARBA-9999 inclusive, ARBB-0000 to ARBB-9999
inclusive, ARBC-0000 to ARBC-9999 inclusive, ARBD-0000 to ARBD-9999
inclusive, ARBE-0000 to ARBE-9999 inclusive, BEBF-0000 to BEBF-9999
inclusive, BEBH-0000 to BEBH-9999 inclusive, BEBK-0000 to BEBK-9999
inclusive, BEBL-0000 to BEBL-9999 inclusive, and BEBM-0000 to BEBM-
9999 inclusive.
    (3) Replace the oxygen generator manifold of any affected oxygen
passenger container with a serviceable manifold, in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A320-
35A1047, dated March 29, 2011.
    (4) Do an operational check of the manual mask release, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-35A1047, dated March 29, 2011. If the operational
check fails, before further flight, repair the manual mask release,
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.
    (5) Check if the part number of the passenger oxygen container
is listed in B/E Aerospace Service Bulletin 1XCXX-0100-35-005,
Revision 1, dated December 15, 2012; or B/E Aerospace Service
Bulletin 22CXX-0100-35-003, Revision 1, dated December 20, 2011, as
applicable. If the part number is listed in B/E Aerospace Service
Bulletin 1XCXX-0100-35-005, Revision 1, dated December 15, 2012; or
B/E Aerospace Service Bulletin 22CXX-0100-35-003, Revision 1, dated
December 20, 2011: Within the compliance time specified in paragraph
(g) of this AD, repair using a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the European Aviation Safety Agency (EASA); or Airbus's EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.

(i) Exceptions

    (1) Oxygen containers that meet the conditions specified in
paragraph (i)(1)(i) or (i)(1)(ii) of this AD are compliant with the
requirements of paragraph (h) of this AD.
    (i) Oxygen containers Type I having a part number listed in
paragraph (h)(1) of this AD and having a serial number listed in
paragraph (h)(2) of this AD, that have been modified prior to the
effective date of this AD, as specified in the Accomplishment
Instructions of B/E Aerospace Service Bulletin 1XCXX-0100-35-005,
Revision 1, dated December 15, 2012.
    (ii) Oxygen containers Type II having a part number listed in
paragraph (h)(1) of this AD and having a serial number listed in
paragraph (h)(2) of this AD, that have been modified prior to the
effective date of this AD, as specified in the Accomplishment
Instructions of B/E Aerospace Service Bulletin 22CXX-0100-35-003,
Revision 1, dated December 20, 2011.
    (2) Airplanes on which Airbus Modification 150703 or Airbus
Modification 150704 has not been embodied in production do not have
to comply with the requirements of paragraph (h) of this AD, unless
an oxygen container having a part number listed in paragraph (h)(1)
of this AD and having a serial number listed in paragraph (h)(2) of
this AD has been replaced since the airplane's first flight.
    (3) Airplanes on which Airbus Modification 150703 or Airbus
Modification 150704 has been embodied in production and which are
not listed by model and MSN in Airbus Service Bulletin A320-35A1047,
dated March 29, 2011, are not subject to the requirements of
paragraphs (g) and (h) of this AD, unless an oxygen container having
a part number listed in paragraph (h)(1) of this AD and having a
serial number listed in paragraph (h)(2) of this AD has been
replaced since the airplane's first flight.
    (4) Model A319 airplanes that are equipped with a gaseous oxygen
system for passengers, installed in production with Airbus
Modification 33125, do not have the affected passenger oxygen
containers installed. Unless these airplanes have been modified in-
service (no approved Airbus modification exists), the requirements
of paragraphs (g) and (h) of this AD do not apply to these
airplanes.
    (5) Airplanes that have already been inspected prior to the
effective date of this AD, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-35A1047, dated March
29, 2011, must be inspected and, depending on the findings,
corrected, within the compliance time defined in paragraph (g) of
this AD, as required by paragraph (h) of this AD, as applicable,
except as specified in paragraph (i)(6) of this AD.
    (6) Airplanes on which the passenger oxygen container has been
replaced before the effective date of this AD, in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A320-
35A1047, dated March 29, 2011, are compliant with the requirements
of the paragraph (h) of this AD for that passenger oxygen container.
    (7) The requirements of paragraphs (g) and (h) of this AD apply
only to passenger oxygen containers that are Design A, as defined in
figure 1 to paragraph (i)(7) of this AD.
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[GRAPHIC] [TIFF OMITTED] TR05AU14.000

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    Note 1 to figure 1 to paragraph (i)(7) of this AD:  Figure 1 is
a reproduction of material from EASA Airworthiness Directive 2012-
0083, dated May 16, 2012. The words ``Appendix 1 of this AD'' in
this figure refer to Appendix 1 of the EASA AD.

(j) Parts Installation Limitations

    As of the effective date of this AD, no person may install an
oxygen container having a part number specified in paragraph (h)(1)
of this AD and having a serial number specified in paragraph (h)(2)
of this AD, on any airplane, unless the container has been modified
in accordance with the Accomplishment Instructions of any of the
service information specified in paragraph (j)(1), (j)(2), or (j)(3)
of this AD, as applicable.
    (1) Airbus Service Bulletin A320-35A1047, dated March 29, 2011.
    (2) B/E AEROSPACE Service Bulletin 1XCXX-0100-35-005, Revision
1, dated December 15, 2012.

    (3) B/E AEROSPACE Service Bulletin 22CXX-0100-35-003, Revision
1, dated December 20, 2011.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using the service information specified in
paragraph (k)(1) or (k)(2) of this AD, as applicable.
    (1) B/E AEROSPACE Service Bulletin 1XCXX-0100-35-005, dated
March 14, 2011, which is not incorporated by reference in this AD.
    (2) B/E AEROSPACE Service Bulletin 22CXX-0100-35-003, dated
March 17, 2011, which is not incorporated by reference in this AD.

(l) 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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
European Aviation Safety Agency Airworthiness Directive 2012-0083,
dated May 16, 2012, for related information. This MCAI may be found
in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2012-0807-0006.
    (2) Service information identified in this AD that is not
incorporated by reference may be viewed at the addresses specified
in paragraphs (n)(3) and (n)(4) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A320-35A1047, dated March 29, 2011.
    (ii) B/E AEROSPACE Service Bulletin 1XCXX-0100-35-005, Revision
1, dated December 15, 2012.
    (iii) B/E AEROSPACE Service Bulletin 22CXX-0100-35-003, Revision
1, dated December 20, 2011.
    (3) 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.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 9, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-16706 Filed 8-4-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Pages 24645-24646]
[FR Doc No: 2023-08419]

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Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request to approve the collection of information
discussed below.
    Each year the Commission's Office of the Investor Advocate, Office
of the Ombudsman (``Ombudsman'') receives over a thousand contacts from
investors who have complaints or questions about the SEC or any of the
self-regulatory organizations that it oversees. To make it easier for
the public to contact the Ombudsman, the Ombudsman (``Ombudsman'')
created an electronic form (Ombudsman Matter Management System
Submission Form) that provides drop down options to choose from in
order to categorize the investor's complaint or question, and may also
provide the investor with automated information about their issue. The
Ombudsman Matter Management System (OMMS) Submission Form asks
investors to provide information concerning, among other things, their
names, how they can be reached, the names of the individuals or
entities involved, the nature of their complaint or tip, what documents
they can provide, and what, if any, actions they have taken. Use of the
Ombudsman Matter Management System Submission Form is voluntary. Absent
the forms, the public still has several ways to contact the Ombudsman,
including telephone, letters, and email. Investors can access the
Ombudsman Matter Management System Submission Form through the
Ombudsman web page at the web address https://www.sec.gov/ombudsman or
directly at the web address https://omms.sec.gov.
    The dual purpose of the Ombudsman Matter Management System
Submission Form is to make it easier for the public to contact the
agency with complaints, questions, tips, or other feedback and to
streamline the workflow of Ombudsman staff that record, process, and
respond to investor contacts. Investors who submit complaints, ask
questions, or provide tips do so voluntarily. Although the Ombudsman
Matter Management System Submission Form provides a structured format
for incoming investor correspondence, the Commission does not require
that investors use any particular form or format when contacting the
Ombudsman. Investors who choose not to use the Ombudsman Matter
Management System Submission Form will receive the same level of
service as those who do.
    The Ombudsman receives approximately 1,500 contacts each year
through the Ombudsman Matter Management System Submission Form. The
Ombudsman uses the information that investors supply on the Ombudsman
Matter Management System Submission Form to review and process the
contact (which may, in turn, involve responding to questions,
processing complaints, or, as appropriate, referring matters to
enforcement or examinations for potential investigations), to maintain
a record of contacts, to track the volume of investor complaints, and
to analyze trends.
    The staff of the Commission estimates that the total reporting
burden for using the Ombudsman Matter Management System Submission Form
is 750 hours. The calculation of this estimate depends on the number of
investors who use the forms each year and the estimated time it takes
to complete the forms: 1,500 respondents x 30 minutes = 750 burden
hours.
    Members of the public should be aware that an agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless a currently valid OMB control number
is displayed. Background documentation for this information collection
may be viewed at the following link, http://www.reginfo.gov. General
comments regarding the above information should be directed to the
following persons within 30 days of publication of this notice by May
22, 2023 to (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503 or send an email to: [email protected];
and (ii) David Bottom, Director/Chief Information Officer, Securities
and Exchange Commission, c/o John R. Pezzullo, 100 F St. NE,
Washington, DC 20549; or send an email to: [email protected].
Comments must be

submitted to OMB within 30 days of this notice.

    Dated: April 17, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-08419 Filed 4-20-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Rules and Regulations]
[Page 54362]
[FR Doc No: 2021-21226]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0278; Airspace Docket No. 21-ACE-10]
RIN 2120-AA66

Amendment of Class E Airspace; Pocahontas, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, withdrawal.

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SUMMARY: The FAA published the same final action twice, on August 31,
2021, and again on September 7, 2021. The FAA is withdrawing the first
publication.

DATES: Effective October 1, 2021, FR Doc. 2021-18707, published at 86
FR 48493 (August 31, 2021), is withdrawn.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of FAA Order JO 7400.11F at NARA,
email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The FAA published FR Doc. 2021-18707 (86 FR 48493) on August 31,
2021, with an effective date of October 7, 2021. This docket did not
allow sufficient time to accomplish charting, and the FAA re-published
the same document as FR Doc. 2021-19235 (86 FR 49918) on September 7,
2021, with a later effective date of December 2, 2021, without
withdrawing the first document. The FAA is withdrawing the first
document.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Withdrawal

0
Accordingly, pursuant to the authority delegated to me, the final rule
published in the Federal Register on August 31, 2021, (86 FR 48493) FR
Doc. 2021-18707 is hereby withdrawn.

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    Issued in Fort Worth, Texas, on September 24, 2021.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2021-21226 Filed 9-30-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
[Notices]
[Pages 36663-36666]
[FR Doc No: 2018-16224]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0119]

Agency Information Collection Activities; Request for Comments;
Revision and Renewal of an Approved Information Collection: Medical
Qualification Requirements

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

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for review
and approval. The FMCSA requests to revise and renew an ICR titled,
``Medical Qualification Requirements,'' due to updated information for
several of the Information Collections (ICs) discussed. This ICR is
needed to ensure that drivers, motor carriers and the States are
complying with the physical qualification requirements of commercial
motor vehicle (CMV) drivers. The information collected is used to
determine and certify driver medical fitness and must be collected in
order for our highways to be safe. On April 27, 2018, FMCSA published a
60-day notice (83 FR 18640) requesting comment on the renewal of this
ICR. In response to this notice, eight comments were received. However,
none of the comments were related to information collection activities
or the renewal of this ICR.

DATES: Please send your comments by August 29, 2018. OMB must receive
your comments by this date in order to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2018-0119. Interested persons are
invited to submit written comments on the proposed information
collection to the Office of Information and

Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/Federal Motor Carrier Safety Administration, and sent
via electronic mail to [email protected], or faxed to (202)
395-6974, or mailed to the Office of Information and Regulatory
Affairs, Office of Management and Budget, Docket Library, Room 10102,
725 17th Street NW, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, Department of Transportation, Federal Motor
Carrier Safety Administration, 6th Floor, West Building, New Jersey
Avenue SE, Washington, DC 20590-0001. Telephone:<PHONE_NUMBER>, Email
Address: [email protected]. Office hours are 9 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:
    Title: Medical Qualification Requirements.
    OMB Control Number: 2126-0006.
    Type of Request: Revision and renewal of a current approved
information collection.
    Respondents: Commercial motor vehicle drivers, motor carriers,
medical examiners, testing centers.
    Estimated Number of Respondents: 65,503,280.
    Expiration Date: August 31, 2018.
    Estimated Total Annual Burden: 2,395,315 hours.
    This information collection is comprised of the following five
information collection activities.

Physical Qualification Standards
    1,892,700 annual burden hours
    4,813,510 annual respondents
Resolution of Medical Conflict
    11 annual burden hours
    3 annual respondents
Medical Exemptions
    4,430 annual burden hours
    7,332 annual respondents
SPE Certificate Program
    2,714 annual burden hours
    2,426 annual respondents
National Registry of Certified Medical Examiners
    495,460 annual burden hours
    680,009 annual respondents

    Background: CMVs (trucks and buses) are longer, heavier, and more
difficult to maneuver than automobiles, making them a threat to highway
safety if not operated properly by qualified individuals. The public
interest in, and right to have, safe highways requires the assurance
that drivers of CMVs can safely perform the increased physical and
mental demands of their duties. FMCSA's medical standards provide this
assurance by requiring drivers to be examined and medically certified
as physically and mentally qualified to drive. Therefore, information
used to determine and certify driver medical fitness must be collected.
FMCSA is the Federal government agency authorized to require the
collection of this information. FMCSA is required by statute to
establish standards for the physical qualifications of drivers who
operate CMVs in interstate commerce for non-excepted industries [49
U.S.C. 31136(a)(3) and 31502(b)]. The regulations discussing this
collection are outlined in the Federal Motor Carrier Safety Regulations
(FMCSRs) at 49 CFR 390-399.
    Below is a brief description of the included IC activities and how
the information is used.

Physical Qualification Standards

    FMCSRs at 49 CFR 391.41 set forth the physical qualification
standards that interstate CMV drivers who are subject to part 391 must
meet, with the exception of commercial driver's license/commercial
learner's permit (CDL/CLP) drivers transporting migrant workers (who
must meet the physical qualification standards set forth in 49 CFR
398.3). The FMCSRs covering driver physical qualification records are
found at 49 CFR 391.43, which specify that a medical examination be
performed on CMV drivers subject to part 391 who operate in interstate
commerce. The results of the examination shall be recorded in
accordance with the requirements set forth in that section. The current
provisions of 49 CFR 391.51 and 398.3 require that a motor carrier
retain the Medical Examiner's Certificate (MEC), Form MCSA-5876, in the
driver's qualification (DQ) file for 3 years. The certificate affirms
that the driver is physically qualified to drive a CMV in interstate
commerce.
    Due to potential onset of new conditions or changes in existing
conditions that may adversely affect a driver's ability to drive safely
and/or cause incapacitation that could be a risk to public safety,
periodic re-evaluation and recertification is required to assess driver
physical qualification. MECs may be issued for up to 2 years after the
date of examination. However, drivers with certain medical conditions
must be certified more frequently than every 2 years. Medical Examiners
(MEs) have discretion to certify for shorter time periods on a case-by-
case basis for medical conditions that require closer monitoring or
that are more likely to change over time. In addition, the Safe,
Accountable, Flexible, Efficient Transportation Act: A Legacy for Users
requires MEs to transmit to FMCSA's Chief Medical Officer,
electronically and on a monthly basis, driver information and results
of any CMV driver medical examinations conducted during the previous
month. MEs are required to maintain records of the CMV driver medical
examinations they conduct. FMCSA does not require MEs to maintain these
records electronically. However, there is nothing to preclude a ME from
maintaining electronic records of the medical examinations he/she
conducts. FMCSA is continuously evaluating new information technology
in an attempt to decrease the burden on motor carriers and MEs. Less
frequent collection of driver data, Medical Examination Report Forms,
MCSA-5875, and MECs would compromise FMCSA's ability to determine ME
compliance with FMCSA's physical qualification standards and guidelines
in performing CMV driver medical examinations, which could result in
MEs listed on the National Registry of Certified Medical Examiners who
should be removed and possibly drivers that don't meet the physical
qualification standards possessing an MEC. Less frequent data
collection would also result in decreased validity of the data (i.e.,
less frequent data submission may increase the error rate due to
unintentional omission of examination information). Therefore, less
frequent collection of driver examination results is not an option.

Resolution of Medical Conflict

    The medical conflict provision provides a mechanism for drivers and
motor carriers to request that FMCSA make a final decision to resolve
conflicting medical evaluations when either party does not accept the
decision of a medical specialist. If two MEs disagree about the medical
certification of a driver, the requirements set forth in 49 CFR 391.47
mandate that the applicant (driver or motor carrier) submit a copy of a
report including results of all medical testing and the opinion of an
impartial medical specialist in the field in which the medical conflict
arose. The applicant may, if they choose to do so, submit the
information above using fax and/or email. FMCSA uses the information
collected from the applicant, including medical information, to
determine if the driver should or should not be qualified. Without this
provision and its incumbent driver medical information collection
requirements, an unqualified person may be permitted to drive and

qualified persons may be prevented from driving.

Medical Exemptions and Skill Performance Evaluation (SPE) Certificates

    FMCSA may, on a case by case basis, grant a medical exemption from
a physical qualification standard set forth in 49 CFR 391.41, if the
Agency determines the exemption is in the interest of the public and
would likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved by complying with the
regulation. Individuals with limb impairments are permitted to operate
a CMV, but only when they are otherwise qualified and are granted a
Skill Performance Evaluation (SPE) certificate by FMCSA. Title 49 CFR
381.310 establishes the procedures that persons must follow to request
exemptions from FMCSA safety regulations. Without an exemption,
individuals who do not meet the requirements in 49 CFR 391.41 would not
be qualified to operate a CMV in interstate commerce. The application
process for all exemptions currently provides for electronic collection
of the application information by FMCSA for those applicants that
choose to do so. They are able to fax or scan and email documents to
FMCSA. In addition, the Diabetes and Vision Exemption Programs and the
SPE Certificate Program maintain a database of application information.
The Medical Programs Division maintains a database of application
information for hearing and seizure exemptions. FMCSA must collect
medical information about the driver's medical condition in order to
determine eligibility to receive an exemption or an SPE certificate.
The Agency requires all exemptions be renewed every 2 years to ensure
that the granting of the exemption does not diminish safety under 49
CFR 381.310. Exemption holders are required to submit annual medical
information for review to ensure the driver continues to meet the
physical qualification requirements. In the interest of highway safety,
the medical examination, exemption, and SPE renewal should not be
performed less frequently.

The National Registry of Certified Medical Examiners (National
Registry)

    The National Registry requires MEs that conduct physical
qualification examinations for interstate CMV drivers to complete
training concerning FMCSA physical qualification standards, pass a
certification test, and maintain competence through periodic training
and testing, all of which require information collection. ME candidates
submit demographic and eligibility data in order to register on the
National Registry website to begin the certification process. This data
is used to provide the public with contact information for those
medical professionals who are certified by FMCSA to conduct interstate
CMV driver medical examinations. Less frequent collection of ME
candidate test results and identity and eligibility information means
that there are less healthcare professionals attempting to become
certified which would result in fewer certified MEs being available to
the CMV driver and motor carrier population. This could place a huge
burden on drivers and motor carriers to find certified MEs to perform
their medical examinations. Therefore, less frequent collection of ME
candidate test results and identity and eligibility information is not
an option. MEs must provide specific driver medical examination
information for every driver they examine on medical forms required by
FMCSA and into the National Registry. Drivers must provide
identification and health history information on medical forms required
by FMCSA. The purpose for providing this information is to enable the
ME to determine if the driver is medically qualified under 49 CFR
391.41 and to ensure that there are no disqualifying medical conditions
that could adversely affect their safe driving ability or cause
incapacitation constituting a risk to the public. If this information
was not required, the threat to public safety would be immense and
unacceptable.
    The National Registry also requires motor carriers to verify the
national registry number of the MEs who certify their drivers and place
a note in the DQ file. Less frequent verification of the national
registry numbers by motor carriers would mean drivers may not have been
examined by a certified ME listed on the National Registry and they may
no longer meet the physical qualifications standards of the FMCSRs even
though they were previously certified as physically qualified.
    As a follow-on rule to the National Registry, the Medical
Examiner's Certification Integration final rule, (80 FR 22790),
modified several of the requirements adopted in the National Registry
final rule, some of which have a scheduled compliance date of June 22,
2018. Specifically, it requires (1) FMCSA to electronically transmit
from the National Registry to the State Driver's Licensing Agencies
(SDLAs) the driver identification information, examination results, and
restriction information from examinations performed for holders of
CLPs/CDLs (interstate and intrastate); (2) FMCSA to transmit
electronically to the SDLAs the medical variance information for all
CMV drivers; and (3) SDLAs to post the driver identification,
examination results, and restriction information received
electronically from FMCSA.
    However, as the Medical Examiner's Certification Integration final
rule compliance date of June 22, 2018, approached, FMCSA reluctantly
concluded that it would not be able to electronically transmit MEC
information from the National Registry to the SDLAs nor would the SDLAs
be able to electronically receive the MEC information from the National
Registry for posting to the CDLIS driver record as intended by the
Medical Examiner's Certification Integration final rule. Due to a
number of delays including an incident that occurred in early December
2017 causing the Agency to take the National Registry offline leading
to interruptions in the development of the process for the electronic
transmission of MEC information and medical variances, the final
specifications for the electronic transmission of MEC information have
not been completed. Under these circumstances, neither the Agency nor
the stakeholders would be able to rely on the CDLIS driver record as
official proof of medical certification unless MEs continue to issue
the original paper MEC to qualified drivers and drivers continue to
provide the MEC to the SDLAs, as is being done presently. All of the
functions regarding electronic transmission of data that were to be
implemented on June 22, 2018, are dependent upon the implementation of
information technology infrastructure that was not available on June
22, 2018. For this reason, on June 21, 2018, FMCSA published a notice
(83 FR 28774) extending the compliance date for several of the
provisions in the Medical Examiner's Certification Integration final
rule (80 FR 22790) to June 22, 2021, to ensure that the SDLAs have
sufficient time once the final specifications are released to make the
necessary information technology programming changes. However,
beginning on June 22, 2018, certified MEs are still required to report
results of all completed CMV drivers' medical examinations (including
the results of examinations where the driver was found not to be
qualified) to FMCSA by midnight (local time) of the next calendar day
following the examination but must continue issuing the original paper
MEC to qualified drivers. All CMV drivers should continue to provide

the SDLA with their MEC as proof of medical certification. As a result
of this extension, there are no additional annual burden hours or costs
to respondents imposed by the Medical Examiner's Certification
Integration final rule during the first 6 years of implementation of
the final rule. Therefore, all the IC activities imposed on the MEs,
drivers, and motor carriers over the first 6 years of implementing the
Medical Examiner's Certification Integration final rule will remain
unchanged.
    On April 27, 2018, FMCSA published a 60-day notice (83 FR 18640)
requesting comment on the renewal of this ICR. In response to the
notice, eight comments were received. However, none of the comments
were related to information collection activities or the renewal of
this ICR.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the FMCSA to perform its functions; (2) the
accuracy of the estimated burden; (3) ways for the FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information.

    Issued under the authority delegated in 49 CFR 1.87 on: July 20,
2018.
G. Kelly Regal,
Associate Administrator for Office of Research and Information
Technology.
[FR Doc. 2018-16224 Filed 7-27-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 168 (Thursday, August 29, 2019)]
[Rules and Regulations]
[Pages 45418-45419]
[FR Doc No: 2019-18589]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0005; FRL-9996-59-Region 9]

Air Plan Approval; California; Imperial County Air Pollution
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Imperial County Air Pollution
Control District (ICAPCD) portion of the California state
implementation plan (SIP). These revisions concern emissions of
particulate matter (PM) from open areas and wood burning appliances and
update certain definitions relevant to stationary source permitting. We
are approving local rules that regulate these emission sources under
the Clean Air Act (CAA or the Act).

DATES: This rule is effective on September 30, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0005. All documents in the docket are
listed on the https://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 https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On May 3, 2019 (84 FR 19005), the EPA proposed to approve the
following rules into the California SIP.

----------------------------------------------------------------------------------------------------------------
                                                                                Adopted/
        Local agency            Rule No.                  Rule title                 amended/        Submitted
                                                                                revised
----------------------------------------------------------------------------------------------------------------
ICAPCD.....................             101  Definitions........................        09/11/18        10/29/18
ICAPCD.....................             428  Wood Burning Appliances \1\........        09/11/18        10/29/18
ICAPCD.....................             429  Mandatory Episodic Curtailment of          09/11/18        10/29/18
                                              Wood and Other Solid Fuel Burning.
ICAPCD.....................             804  Open Areas.........................        09/11/18        10/29/18
----------------------------------------------------------------------------------------------------------------
\1\ We are not acting on the opacity limit in section E.4.2. of Rule 428 at this time. However, ICAPCD Rule 401
  has been approved into the California SIP (54 FR 5448 February 3, 1989) and established a 20% opacity limit
  that applies to most sources, including wood burning appliances. Our action on Rule 428 will not affect the
  applicability of this existing limit.

    We proposed to approve these rules because we determined that they
comply with the relevant CAA requirements. Our proposed action contains
more information on the rules and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received one comment, which expressed support
for our proposed action.

III. EPA Action

    No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving these rules
into the California SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
ICAPCD rules described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
available through www.regulations.gov and at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the Act. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive 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 Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 28, 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 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, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: June 28, 2019.
 Deborah Jordan,
Acting Regional Administrator, Region IX.
    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(424)(i)(A)(5),
(c)(485)(i)(A)(4), and (c)(523) to read as follows:

Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (424) * * *
    (i) * * *
    (A) * * *
    (5) Previously approved on April 22, 2013 in paragraph
(c)(424)(i)(A)(2) of this section and now deleted with replacement in
(c)(523)(i)(A)(4), Rule 804, ``Open Areas,'' amended on October 16,
2012.
* * * * *
    (485) * * *
    (i) * * *
    (A) * * *
    (4) Previously approved on June 8, 2017 in paragraph
(c)(485)(i)(A)(1) of this section and now deleted with replacement in
(c)(523)(i)(A)(1), Rule 101, ``Definitions,'' revised on February 9,
2016.
* * * * *
    (523) New and amended regulations for the following Air Pollution
Control Districts were submitted on October 29, 2018 by the Governor's
Designee.
    (i) Incorporation by reference. (A) Imperial County Air Pollution
Control District.
    (1) Rule 101, ``Definitions,'' revised on September 11, 2018.
    (2) Rule 428, ``Wood Burning Appliances'' except section E.4.2,
adopted on September 11, 2018.
    (3) Rule 429, ``Mandatory Episodic Curtailment of Wood and Other
Solid Fuel Burning,'' adopted on September 11, 2018.
    (4) Rule 804, ``Open Areas,'' revised on September 11, 2018.

[FR Doc. 2019-18589 Filed 8-28-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Pages 23562-23563]
[FR Doc No: 2017-10514]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 176-018; 176-035]

City of Escondido, California, & Vista Irrigation District;
Notice of Effective Date for Exemption From Licensing (Conduit),
Surrender of License, and Dismissal of Relicense Application

    On September 25, 2012, the Commission issued a Conditional Order
Granting Exemption from Licensing (Conduit), Accepting Surrender of
License, and Dismissing Relicense Application for the Escondido Project
No. 176 (the 2012 Order).\1\ The Escondido Project is located on the
San Luis Rey River and Escondido Creek, near the city of Escondido, in
San Diego County, California.
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    \1\ City of Escondido and Vista Irrigation District, 140 FERC
62,226 (2012).
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    The 2012 Order approved a conduit exemption for the Bear Valley
Powerhouse Project No. 176 (part of the existing Escondido Project) and
accepted surrender of the license for the remaining project facilities.
Both the conduit exemption and the license surrender were contingent on
certain conditions being met including the protection of historic
properties, approval of a water rights settlement agreement, dismissal
of pending court proceedings, and obtaining a rights-of-way agreement
for parts of the project that would continue to occupy federal land
after the surrender. The 2012 order also dismissed the relicense
application for the Escondido Project, effective as of the effective
date of the conduit exemption and license surrender.
    On May 3, 2017, the City of Escondido and Vista Irrigation District
filed documentation that all conditions

in the 2012 Order have been satisfied. Therefore, the new Bear Valley
Powerhouse Project No. 176 conduit exemption, the license surrender for
the Escondido Project No. 176, and our dismissal of the relicensing
application are all effective as of the date of this notice.

    Dated: May 17, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-10514 Filed 5-22-17; 8:45 am]
BILLING CODE 6717-01-P