[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Proposed Rules]
[Pages 47563-47568]
[FR Doc No: 2012-19532]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22523; Directorate Identifier 2005-NM-058-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain The Boeing Company Model 767 airplanes. That NPRM
proposed to require drilling a drain hole in the flanged tubes for
certain elevator control cable aft pressure seals; doing repetitive
inspections for dirt, loose particles, or blockage of the flanged tube
and drain hole for the pressure seals, and corrective action if
necessary; replacing the aft air-intake duct assembly with a new or
modified assembly and installing a dripshield; and installing gutters
on the horizontal stabilizer center section and modifying the side
brace fittings. That NPRM was prompted by reports of stiff operation of
the elevator pitch control system and jammed elevator controls. This
action revises that NPRM by proposing to require replacement of
pressure seal assemblies, rather than the proposed drilling of drain
holes; revising a certain compliance time and inspection type; adding
certain optional actions; and revising the applicability. We are
proposing this supplemental NPRM to prevent moisture from collecting
and freezing on the elevator control system components, which could
limit the ability of the flightcrew to make elevator control inputs and
result in reduced controllability of the airplane. Since these actions
impose an additional burden over that proposed in the previous NPRM, we
are reopening the comment period to allow the public the chance to
comment on these proposed changes.

DATES: We must receive comments on this supplemental NPRM by September
24, 2012.

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 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Kelly McGuckin, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
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-2005-
22523; Directorate Identifier 2005-NM-058-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 to include an AD that
would apply to certain The Boeing Company Model 767-200, -300, -300F,
and -400ER series airplanes. That NPRM published in the Federal
Register on September 27, 2005 (70 FR 56386). That NPRM proposed to
require drilling a drain hole in the flanged tubes for the E1A and E1B
elevator control cable aft pressure seals; doing repetitive inspections
for dirt, loose particles, or blockage of the flanged tube and drain
hole for the E1A and E1B elevator control cable aft pressure seals and
corrective action if necessary; replacing the aft air-intake duct
assembly with a new or modified aft air-intake duct assembly and
installing a dripshield; and installing gutters on the horizontal
stabilizer center section and modifying the side brace fittings.

Actions Since Previous NPRM (70 FR 56386, September 27, 2005) Was
Issued

    Since we issued the previous NPRM (70 FR 56386, September 27,
2005), we have received reports of elevator control restrictions from
operators who had implemented the actions specified in the previous
NPRM.
    Since we issued the previous NPRM (70 FR 56386, September 27,
2005), we have also received revised and new service information.
    We have reviewed Boeing Service Bulletin 767-27-0204, Revision 2,
dated August 16, 2011 (for Model 767-200, -300, and -300F series
airplanes); and Boeing Service Bulletin 767-27-0205, Revision 2, dated
August 30, 2011 (for Model 767-400ER series airplanes). We referred to
Boeing Service Bulletin 767-27-0204, dated January 27, 2005; and Boeing
Service Bulletin 767-27-0205, dated January 27, 2005; as the
appropriate sources of service information for accomplishing the

actions proposed in paragraph (g) of the previous NPRM (70 FR 56386,
September 27, 2005). Revision 2 of this service information revises the
type of inspection from a detailed inspection to a general visual
inspection, and also revises the compliance times by basing one time on
the accomplishment of Boeing Service Bulletin 767-27A0219.
    Boeing Service Bulletin 767-27-0204, Revision 2, dated August 16,
2011, revises the effectivity to specify line numbers 225, 226, 228
through 717, and 719 through 971, except airborne warning and control
system (AWACS) airplanes (previous effectivity was line numbers 225,
226 and 228 through 9999). Boeing Service Bulletin 767-27-0205,
Revision 2, dated August 30, 2011, also revises the effectivity to
specify line numbers 758 through 965 (Revision 2 of this service
information removes airplanes--the earlier revisions specified ``all''
airplanes). We have revised paragraphs (c) and (g) of this supplemental
NPRM to refer to this revised service information. We have also added
new paragraph (m)(1) to give credit for actions done before the
effective date of the AD using earlier versions of Boeing Service
Bulletin 767-27-0204, Revision 2, dated August 16, 2011; and Boeing
Service Bulletin 767-27-0205, Revision 2, dated August 30, 2011.
    We have also reviewed Boeing Service Bulletin 767-27A0224, Revision
1, dated December 16, 2011, which describes procedures for replacing
the two existing pressure seal assemblies for the left elevator control
cables at the aft pressure bulkhead. The replacement also includes
closing existing drain holes for airplanes that have drain holes in the
seal block tubes. Boeing Service Bulletin 767-27A0224, Revision 1,
dated December 16, 2011, specifies that, for certain airplanes, the
replacement eliminates the need for the inspections specified in Boeing
Service Bulletin 767-27-0204, Revision 2, dated August 16, 2011; and
Boeing Service Bulletin 767-27-0205, Revision 2, dated August 30, 2011.
    We have determined that the replacement specified in Boeing Service
Bulletin 767-27A0224, Revision 1, dated December 16, 2011, needs to be
done to address the identified unsafe condition instead of the actions
proposed in paragraph (f) of the previous NPRM (70 FR 56386, September
27, 2005). We have not retained paragraph (f) of the previous NPRM in
this supplemental NPRM. The effectivity of Boeing Service Bulletin 767-
27A0224, Revision 1, dated December 16, 2011, includes line numbers 906
through 974, which were not in the service information referenced in
paragraph (f) of the previous NPRM.
    We have added new paragraph (h) to this supplemental NPRM to
propose to require the replacement specified in Boeing Service Bulletin
767-27A0224, Revision 1, dated December 16, 2011, for certain airplanes
and, for certain other airplanes, we have added new paragraph (l) in
this supplemental NPRM to provide the replacement as an optional
action. We have also added new paragraph (m)(2) to this supplemental
NPRM to give credit for actions done in accordance with Boeing Alert
Service Bulletin 767-27A0224, dated June 23, 2011.
    We have also reviewed Boeing Service Bulletin 767-49A0035, Revision
2, dated June 2, 2006. We referred to Boeing Alert Service Bulletin
767-49A0035, Revision 1, dated December 11, 2003, as the appropriate
source of service information for accomplishing the actions proposed in
paragraph (h) of the previous NPRM (70 FR 56386, September 27, 2005).
Revision 2 of this service bulletin advises operators that it is
unnecessary to remove the forward intake duct. Revision 2 of this
service bulletin also adds notes and removes certain steps to clarify
the procedure. We have revised paragraph (i) of this supplemental NPRM
(which corresponds to paragraph (h) of the previous NPRM) to refer to
Boeing Service Bulletin 767-49A0035, Revision 2, dated June 2, 2006. We
have added new paragraph (m)(3) to this supplemental NPRM to give
credit for doing the applicable actions in accordance with Boeing Alert
Service Bulletin 767-49A0035, Revision 1, dated December 11, 2003.
    We have also reviewed Boeing Service Bulletin 767-51A0027, Revision
1, dated October 12, 2006; and Boeing Service Bulletin 767-51A0028,
Revision 1, dated October 12, 2006. We referred to Boeing Alert Service
Bulletin 767-51A0027, dated December 9, 2004; and Boeing Alert Service
Bulletin 767-51A0028, dated December 9, 2004; as the appropriate
sources of service information for accomplishing the actions proposed
in paragraph (i) of the previous NPRM (70 FR 56386, September 27,
2005). Revision 1 of this service information adds a high frequency
eddy current inspection for cracks as an option to a certain dye
penetrant inspection, and adds a corrective action for those
inspections, i.e., oversizing the hole. Revision 1 of this service
information also adds an option to install the gutter as a one-piece
assembly. We have revised paragraph (j) of this supplemental NPRM
(which corresponds to paragraph (i) of the previous NPRM) to refer to
Boeing Service Bulletin 767-51A0027, Revision 1, dated October 12,
2006; and to Boeing Service Bulletin 767-51A0028, Revision 1, dated
October 12, 2006. We have added new paragraph (m)(4) to this
supplemental NPRM to give credit for doing actions in accordance with
Boeing Alert Service Bulletin 767-51A0027, dated December 9, 2004; and
Boeing Alert Service Bulletin 767-51A0028, dated December 9, 2004.

Comments

    We gave the public the opportunity to comment on the previous NPRM
(70 FR 56386, September 27, 2005). The following presents the comments
received on the previous NPRM and the FAA's response to each comment.

Request To Withdraw the Previous NPRM (70 FR 56386, September 27, 2005)

    Airlines for America, on behalf of its member Delta Airlines
(Delta), requested we withdraw the previous NPRM (70 FR 56386,
September 27, 2005). Delta stated that ``the root causes of the three
noted findings were not conclusively identified,'' and withdrawal would
be justified by the lack of documented blade seal leakage in service.
Delta noted that the Boeing 767 fleet has been in operation for over 20
years and has had relatively few instances of stiff controls in the
area of the modifications proposed by the previous NPRM. Delta stated
that the modifications involve a change in design of the aircraft to
divert possible water intrusion, yet the water intrusion was not a
concern until the second quarter of 2001. Delta indicated that ``it
seems unlikely that a poor design that is not age-related would cause
concern after so many years of time-tested, safe operations.'' Delta
stated that a regulatory action to correct a design problem that has
not been identified conclusively is unjustified.
    We disagree with the commenter's request. The in-service events of
Model 767 airplane elevator control restrictions were investigated by
The Boeing Company subsequent to the events identified in the previous
NPRM (70 FR 56386, September 27, 2005). One of these events included
difficulty flaring the airplane and a subsequent hard landing. These
conditions made it difficult for the flightcrew to control the pitch of
the airplane because elevator control movements were restricted. The
investigation included analysis of flight data recorder information and
on-airplane testing. Determining the exact

location of suspected icing and conclusively identifying a root cause
was very difficult on in-service airplanes as the ice formed at high
altitudes, and then melted upon landing at an airport. In addition,
Boeing identified the most probable locations of the control system
freezing, and identified the probable locations of moisture ingress.
Boeing released service information as a result of this investigation.
    We concur with Boeing's conclusions and the recommendations
contained in the service information. We have determined that an unsafe
condition exists on the affected airplanes, and is likely to exist or
develop on other airplanes of the same type design. Issuance of an AD
is the appropriate vehicle to correct an unsafe condition. No change
has been made to this supplemental NPRM in this regard.

Request to Extend Compliance Times

    Airlines for America, on behalf of its member UPS, requested we
extend the compliance time for the replacement specified in paragraph
(h) of the previous NPRM (70 FR 56386, September 27, 2005) from 18 to
24 months. UPS stated that it has not accomplished the actions
specified in the relevant service information because there have been
no findings at UPS, nor have there been any problems related to
auxiliary power unit (APU) air intake duct water leakage causing stiff
operation of the pitch control system by freezing on the associated
linear variable differential transducer (LVDT). UPS stated that
continued normal maintenance and flight operations provide an
equivalent level of safety.
    Airlines for America, on behalf of its member Delta, requested that
we extend the compliance time for the modification and installation
specified in paragraph (i) of the previous NPRM (70 FR 56386, September
27, 2005) from 60 to 72 months. Delta stated that the proposed
compliance time does not fall into a routine maintenance opportunity.
Delta noted again that there have been no specific instances of blade
seal leakage on an in-service aircraft, and stated that seal leakage
has occurred only during a ``wet-down'' test. Delta also stated that
Boeing has not indicated there is a freezing problem attributed to
stiff controls from blade seal leakage and that the root cause cannot
be identified conclusively. Delta stated this lack of conclusive
evidence over 20 years of operational history should be adequate to
establish a more amenable compliance time.
    We disagree with both requests for extensions of the compliance
times. Since issuance of the previous NPRM (70 FR 56386, September 27,
2005), we have received several additional reports of elevator system
restrictions likely caused by ice accumulation. The compliance times of
18 months specified in paragraph (i) and 60 months specified in
paragraph (j) of this supplemental NPRM (which correspond to paragraphs
(h) and (i) of the previous NPRM (70 FR 56386, September 27, 2005)) are
based on our review of the manufacturer's recommended compliance times,
which are based on airplane-level risk assessment and input from the
lead airline. We have determined that these compliance times are
appropriate to ensure an acceptable level of safety for the affected
fleet. We have not changed this supplemental NPRM in this regard.

Request to Exclude Certain Requirements for Freighter Airplanes

    Airlines for America, on behalf of its member UPS, requested that
we revise paragraphs (f) and (g) of the previous NPRM (70 FR 56386,
September 27, 2005) to exclude airplanes that do not have associated
aft galley installations. The commenter stated that aft galleys are not
installed on the Model 767-300F (freighter) airplanes in its fleet.
    We disagree. We considered excluding freighter airplanes from the
specified paragraphs of this supplemental NPRM. Although a leaking aft
galley has been determined to potentially cause moisture to collect and
freeze on the elevator control cables in this area, other sources of
moisture were considered. These other sources include leaking cargo
containers, and rain, snow, and ice on cargo containers. In light of
these other potential moisture sources, we determined that paragraphs
(g) and (h) of this supplemental NPRM are also applicable to freighter
airplanes; paragraph (h) of this supplemental NPRM contains the new
actions we are proposing instead of the action proposed in paragraph
(g) of the previous NPRM (70 FR 56386, September 27, 2005).

Request to Revise Alternative Methods of Compliance (AMOC) Section

    Boeing requested we revise the AMOC paragraph (i.e., paragraph (k))
of the previous NPRM (70 FR 56386, September 27, 2005) to include a
provision to allow repairs to be approved by a Boeing Company
Authorized Representative (AR) who has been authorized by the FAA to
make such findings.
    We agree and have added new paragraph (n)(3) to this supplemental
NPRM accordingly.

Request to Change Service Information Reference

    Delta requested we revise paragraph (f) of the previous NPRM (70 FR
56386, September 27, 2005) to refer to Boeing Service Bulletin 767-
27A0192, Revision 1, dated March 17, 2005.
    We agree that paragraph (f) of the previous NPRM (70 FR 56386,
September 27, 2005) included an incorrect reference. However, we have
not restated that paragraph in this supplemental NPRM. We have not
revised this supplemental NPRM in this regard.

Additional Changes

    We have added a new paragraph (d) to this supplemental NPRM to
provide the Air Transport Association (ATA) of America subject codes.
These codes are added to make this supplemental NPRM parallel with
other new AD actions.
    We have revised the heading and wording for paragraph (m) of this
supplemental NPRM; this change does not affect the intent of that
paragraph.

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all
the relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of these
same type designs. Certain changes described above expand the scope of
the original NPRM. As a result, we have determined that it is necessary
to reopen the comment period to provide additional opportunity for the
public to comment on this supplemental NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require, depending on airplane
configuration, repetitive general visual inspections for dirt, loose
particles, and blockage of the flanged tube and drain hole for the E1A
and E1B elevator control cable aft pressure seals, and corrective
actions if necessary; replacement of the two existing pressure seal
assemblies for the left elevator control cables at the aft pressure
bulkhead; replacement of the aft air-intake duct assembly with a new or
modified aft air-intake duct assembly and installation of a dripshield;
and installation of gutters on the horizontal stabilizer center section
and modification of the side brace fittings, including a dye penetrant
or high frequency eddy current inspection for cracking and damage and
corrective actions if necessary.

Differences Between the Proposed AD and the Service Information

    Boeing Service Bulletin 767-51A0027, Revision 1, dated October 12,
2006; and Boeing Service Bulletin 767-51A0028, Revision 1, dated
October 12, 2006; specify to contact the manufacturer for instructions
on how to repair certain conditions, but this proposed AD would require
repairing those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes ODA whom we have authorized to make those findings.
    Step 8 in Figures 6 and 10 of Boeing Service Bulletin 767-51A0027,
Revision 1, dated October 12, 2006; and Boeing Service Bulletin 767-
51A0028, Revision 1, dated October 12, 2006; specifies hydraulic hose,
part number AS115-08D0274; this supplemental NPRM specifies the correct
part number, AS115-08D0280.
    For steps 4, 8, and 12 in Figures 6 and 10 of Boeing Service
Bulletin 767-51A0027, Revision 1, dated October 12, 2006; and Boeing
Service Bulletin 767-51A0028, Revision 1, dated October 12, 2006: This
supplemental NPRM allows hydraulic hose, part number AS115-08K0280, as
an option to part number AS115-08D0280.
    For steps 2, 6, and 10 in Figures 6 and 10 of Boeing Service
Bulletin 767-51A0027, Revision 1, dated October 12, 2006; and Boeing
Service Bulletin 767-51A0028, Revision 1, dated October 12, 2006: This
supplemental NPRM allows hydraulic hose, part number AS115-06K0274, as
an option to part number AS115-06D0274.
    Steps 3.B.16 and 3.B.17 of Boeing Service Bulletin 767-51A0027,
Revision 1, dated October 12, 2006; and Boeing Service Bulletin 767-
51A0028, Revision 1, dated October 12, 2006; specify to do a check of
the elevator power control actuator and a systems test of the autopilot
system. Those actions would not be required by this supplemental NPRM
because those systems are not disturbed during gutter installation.
    Where Note (d) of Figure 8 of Boeing Service Bulletin 767-51A0027,
Revision 1, dated October 12, 2006; and Boeing Service Bulletin 767-
51A0028, Revision 1, dated October 12, 2006; specifies to ``install
collars on the upper surface of the gutter,'' this supplemental NPRM
would require that operators install these bolts with the bolt heads
either up or down provided that the bolt head direction prevents
interference between the collars and the hydraulic lines.
    Step 1 of Figure 4 of Boeing Service Bulletin 767-49A0035, Revision
2, dated June 2, 2006, specifies to install the forward air-intake
duct. This action is not included in this supplemental NPRM because it
is not necessary for operators to remove the forward air-intake duct.

Costs of Compliance

    We estimate that this proposed AD affects about 400 airplanes of
U.S. registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection of the flanged tube     2 work-hours x $85             $0  $170 per inspection   $51,000 per
 and drain hole (300 airplanes).    per hour = $170 per                cycle.                inspection cycle.
                                    inspection cycle.
Pressure seal replacement (300     7 work-hours x $85            261  856.................  256,800
 airplanes).                        per hour = $595.
Aft air[dash]intake duct assembly  3 work-hours x $85          1,462  1,717...............  614,686
 replacement and dripshield         per hour = $255.
 installation (358 airplanes).
Horizontal stabilizer gutter       12 work-hours x $85         1,902  2,922...............  1,034,388
 installation and modification of   per hour = $1,020.
 the side brace fittings (354
 airplanes).
----------------------------------------------------------------------------------------------------------------

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

                                               On-condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Cleaning...................................  1 work-hour x $85 per hour = $85...              $0             $85
----------------------------------------------------------------------------------------------------------------

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

    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]

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

The Boeing Company: Docket No. FAA-2005-22523; Directorate
Identifier 2005-NM-058-AD.

(a) Comments Due Date

    We must receive comments by September 24, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category; as
identified in the service information specified in paragraphs
(c)(1), (c)(2), (c)(3), (c)(4), (c)(5), and (c)(6) of this AD.
    (1) Boeing Service Bulletin 767-27A0224, Revision 1, dated
December 16, 2011.
    (2) Boeing Service Bulletin 767-49A0035, Revision 2, dated June
2, 2006.
    (3) Boeing Service Bulletin 767-27-0204, Revision 2, dated
August 16, 2011.
    (4) Boeing Service Bulletin 767-27-0205, Revision 2, dated
August 30, 2011.
    (5) Boeing Service Bulletin 767-51A0027, Revision 1, dated
October 12, 2006.
    (6) Boeing Service Bulletin 767-51A0028, Revision 1, dated
October 12, 2006.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 27, Flight controls; 49, Airborne auxiliary
power; 51, Standard practices/structures.

(e) Unsafe Condition

    This AD was prompted by reports of stiff operation of the
elevator pitch control system and jammed elevator controls. We are
issuing this AD to prevent moisture from collecting and freezing on
the elevator control system components, which could limit the
ability of the flightcrew to make elevator control inputs and result
in reduced controllability of the airplane.

(f) Compliance

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

(g) Inspections and Corrective Actions

    For airplanes identified in Boeing Service Bulletin 767-27-0204,
Revision 2, dated August 16, 2011; and Boeing Service Bulletin 767-
27-0205, Revision 2, dated August 30, 2011: At the applicable time
specified in paragraph (g)(1) or (g)(2) of this AD, do a general
visual inspection for dirt, loose particles, and blockage of the
flanged tube and drain hole for the E1A and E1B elevator control
cable aft pressure seals, and all applicable corrective actions, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 767-27-0204, Revision 2, dated August 16, 2011 (for Model
767-200, -300, and -300F series airplanes); or Boeing Service
Bulletin 767-27-0205, Revision 2, dated August 30, 2011 (for Model
767-400ER series airplanes). Do all applicable corrective actions
before further flight. Repeat the inspection thereafter at intervals
not to exceed 24 months.
    (1) For airplanes on which Boeing Service Bulletin 767-27A0219
has been done as of the effective date of this AD: Do the inspection
at the time specified in paragraph (g)(1)(i) or (g)(1)(ii) of this
AD, whichever occurs later.
    (i) Within 24 months after doing the actions specified in Boeing
Service Bulletin 767-27A0219.
    (ii) Within 6 months after the effective date of this AD.
    (2) For airplanes on which Boeing Service Bulletin 767-27A0219
has not been done as of the effective date of this AD: Do the
inspection at the time specified in paragraph (g)(2)(i) or
(g)(2)(ii) of this AD, whichever occurs later.
    (i) Within 24 months after the effective date of this AD.
    (ii) Within 24 months since the date of issuance of the original
airworthiness certificate or the date of issuance of the original
export certificate of airworthiness.

(h) Replacement--Pressure Seal Assemblies

    For Group 1, Configuration 1-2 airplanes; Group 2, Configuration
1 airplanes; and Group 4, Configuration 1-2 airplanes; as identified
in Boeing Service Bulletin 767-27A0224, Revision 1, dated December
16, 2011: Within 24 months after the effective date of this AD,
replace the two existing pressure seal assemblies for the left
elevator control cables at the aft pressure bulkhead, in accordance
with the Accomplishment Instructions of Boeing Service Bulletin 767-
27A0224, Revision 1, dated December 16, 2011. Accomplishing this
replacement terminates the inspections required by paragraph (g) of
this AD.

(i) Replacement--Air-Intake Duct Assembly and Installation--Dripshield

    For airplanes identified in Boeing Service Bulletin 767-49A0035,
Revision 2, dated June 2, 2006: Within 18 months after the effective
date of this AD, replace the aft air-intake duct assembly with a new
or modified aft air-intake duct assembly and install a dripshield,
in accordance with the Accomplishment Instructions of Boeing Service
Bulletin 767-49A0035, Revision 2, dated June 2, 2006, except as
provided by paragraph (k)(1) of this AD.

(j) Gutter Installation and Side Brace Modification

    For airplanes identified in Boeing Service Bulletin 767-51A0027,
Revision 1, dated October 12, 2006; and Boeing Service Bulletin 767-
51A0028, Revision 1, dated October 12, 2006: Within 60 months after
the effective date of this AD, install gutters on the horizontal
stabilizer center section, and modify the side brace fittings,
including doing a dye penetrant or high frequency eddy current
inspection for cracking and damage of the drain hole and all
applicable corrective actions, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 767-51A0027, Revision 1,
dated October 12, 2006 (for Model 767-200, -300, and -300F series
airplanes); or Boeing Service Bulletin 767-51A0028, Revision 1,
dated October 12, 2006 (for Model 767-400ER series airplanes);
except as provided by paragraphs (k)(2), (k)(3), (k)(4), (k)(5),
(k)(6), and (k)(7) of this AD.

(k) Exceptions to Service Information

    (1) Where Step 1 of Figure 4 of Boeing Service Bulletin 767-
49A0035, Revision 2, dated June 2, 2006, specifies installing the
forward air-intake duct, that installation is not required by this
AD.
    (2) Where Boeing Service Bulletin 767-51A0027, Revision 1, dated
October 12, 2006; and Boeing Service Bulletin 767-51A0028, Revision
1, dated October 12, 2006; specify to contact Boeing for appropriate
action: Before further flight, repair using a method approved in
accordance with the procedures specified in paragraph (n) of this
AD.
    (3) Where step 8 in Figures 6 and 10 of Boeing Service Bulletin
767-51A0027, Revision 1, dated October 12, 2006; and Boeing Service
Bulletin 767-51A0028, Revision 1, dated October 12, 2006; specify
hydraulic hose, part number AS115-08D0274, the correct part number
is AS115-08D0280.
    (4) For steps 4, 8, and 12 in Figures 6 and 10 of Boeing Service
Bulletin 767-51A0027, Revision 1, dated October 12, 2006; and Boeing
Service Bulletin 767-51A0028, Revision 1, dated October 12, 2006:
Hydraulic hose, part number AS115-08K0280, is an option to part
number AS115-08D0280.
    (5) For steps 2, 6, and 10 in Figures 6 and 10 of Boeing Service
Bulletin 767-51A0027, Revision 1, dated October 12, 2006; and Boeing
Service Bulletin 767-51A0028,

Revision 1, dated October 12, 2006: Hydraulic hose, part number
AS115-06K0274, is an option to part number AS115-06D0274.
    (6) Steps 3.B.16 and 3.B.17 of Boeing Service Bulletin 767-
51A0027, Revision 1, dated October 12, 2006; and Boeing Service
Bulletin 767-51A0028, Revision 1, dated October 12, 2006; are not
required by this AD.
    (7) Where Note (d) of Figure 8 of Boeing Service Bulletin 767-
51A0027, Revision 1, dated October 12, 2006; and Boeing Service
Bulletin 767-51A0028, Revision 1, dated October 12, 2006; specifies
to ``install collars on the upper surface of the gutter,'' this AD
requires that operators install these bolts with the bolt heads
either up or down provided that the bolt head direction prevents
interference between the collars and the hydraulic lines.

(l) Optional Replacement--Pressure Seal Assemblies

    For Group 1, Configuration 3-4 airplanes; Group 2, Configuration
2-3 airplanes; Group 3 airplanes; and Group 4, Configuration 3-4
airplanes; as identified in Boeing Service Bulletin 767-27A0224,
Revision 1, dated December 16, 2011: Replacing the two existing
pressure seal assemblies for the left elevator control cables at the
aft pressure bulkhead, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 767-27A0224, Revision 1,
dated December 16, 2011, terminates the inspections required by
paragraph (g) of this AD.

(m) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraph (g) of this AD, if the actions were performed before the
effective date of this AD using the applicable service information
in paragraph (m)(1)(i) or (m)(1)(ii) of this AD.
    (i) For Model 767-200, -300, and -300F series airplanes: Boeing
Service Bulletin 767-27-0204, dated January 27, 2005; or Boeing
Service Bulletin 767-27-0204, Revision 1, dated February 12, 2009.
    (ii) For Model 767-400ER series airplanes: Boeing Service
Bulletin 767-27-0205, dated January 27, 2005; or Boeing Service
Bulletin 767-27-0205, Revision 1, dated February 12, 2009.
    (2) This paragraph provides credit for the actions required by
paragraphs (h) and (l) of this AD, if the actions were performed
before the effective date of this AD using Boeing Alert Service
Bulletin 767-27A0224, dated June 23, 2011.
    (3) This paragraph provides credit for the actions required by
paragraph (i) of this AD, if the actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin 767-
49A0035, Revision 1, dated December 11, 2003.
    (4) This paragraph provides credit for the actions required by
paragraph (j) of this AD, if the actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin 767-
51A0027, dated December 9, 2004; or Boeing Alert Service Bulletin
767-51A0028, dated December 9, 2004.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(o) Related Information

    (1) For more information about this AD, contact Kelly McGuckin,
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA,
Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton,
WA 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on July 31, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-19532 Filed 8-8-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Notices]
[Page 53038]
[FR Doc No: 2022-18588]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95596; File No. SR-CboeBZX-2022-035]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change To List and Trade Shares of the VanEck Bitcoin Trust Under BZX
Rule 14.11(e)(4), Commodity-Based Trust Shares

August 24, 2022.
    On June 24, 2022, Cboe BZX Exchange, Inc. (``BZX'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade
shares of the VanEck Bitcoin Trust under BZX Rule 14.11(e)(4),
Commodity-Based Trust Shares. The proposed rule change was published
for comment in the Federal Register on July 13, 2022.\3\ The Commission
has received no comments on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 95218 (July 7,
2022), 87 FR 41755.
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    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days (i) as the Commission may
designate if it finds such longer period to be appropriate and
publishes its reasons for so finding or (ii) as to which the self-
regulatory organization consents, the Commission shall either approve
the proposed rule change, disapprove the proposed rule change, or
institute proceedings to determine whether the proposed rule change
should be disapproved. The 45th day after publication of the notice for
this proposed rule change is August 27, 2022. The Commission is
extending this 45-day time period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change and the
issues raised therein. Accordingly, pursuant to Section 19(b)(2) of the
Act,\5\ the Commission designates October 11, 2022, as the date by
which the Commission shall either approve or disapprove, or institute
proceedings to determine whether to disapprove, the proposed rule
change (File No. SR-CboeBZX-2022-035).
---------------------------------------------------------------------------

    \5\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-18588 Filed 8-29-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 13, 2007 (Volume 72, Number 239)]
[Notices]
[Page 70838-70839]
[DOCID:fr13de07-50]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2007-0050; FRL-8606-1]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for Benzene Emissions from
Coke By-Product Recovery Plants (Renewal); EPA ICR Number 1080.12, OMB
Control Number 2060-0185

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C.
3501, et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before January 14,
2008.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2007-0050, to (1) EPA online using http://www.regulations.gov (our preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail to:

EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street,
NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment
and Media Programs Division, Office of Compliance, Mail Code 2223A,
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On March 9, 2007 (72 FR 10735), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2007-0050, which is available for public viewing
online at http://www.regulations.gov, or, in person viewing at the

Enforcement and Compliance Docket and Information Center in the EPA
Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue,
NW., Washington, DC. The EPA Docket Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Reading Room is<PHONE_NUMBER>,
and the telephone number for the Enforcement and Compliance Docket is
(202) 566-1752.
    Use EPA's electronic docket and comment system at http://www.regulations.gov
, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov, as EPA

receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to
http://www.regulations.gov.

    Title: NESHAP for Benzene Emissions from Coke By-Product Recovery
Plants (Renewal).
    ICR Numbers: EPA ICR Number 1080.12, OMB Control Number 2060-0185.
    ICR Status: This ICR is scheduled to expire on December 31, 2007.
Under OMB regulations, the Agency may continue to conduct or sponsor
the

collection of information while this submission is pending at OMB. An
Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) were promulgated on December 15, 1989, and amended
on February 12, 1999, and October 17, 2000. Owners or operators of
existing and new facilities that are furnace or foundry coke by-product
recovery plants that produce benzene emissions subject to NESHAP
subpart L must submit notification of and application for construction,
reconstruction or modification, and notice of the anticipated date of
initial and actual startup. Owners and operators of regulated
facilities must also submit: notifications of performance tests; any
physical or operational change which may increase the emission rate;
implementation of equipment leakage requirements; and notification that
the requirements of 40 CFR part 61, subpart L, 40 CFR part 61, subpart
V, and 40 CFR part 61, subpart A, have been met. In addition, these
owners and operators must submit performance test reports and
semiannual reports. Records must be maintained of leak detection and
repair logs, the design requirements of closed-vent systems and control
devices, applicable valve information, design control device, plan
operations and corrective action, compliance tests, reference values of
monitored parameters, and monitoring results and exceedances. In
addition, records must be kept of annual furnace and foundry coke
production for furnace coke by-product recovery plants, monitoring
data, monitoring system calibration checks, and the occurrence and
duration of periods where the monitoring system is malfunctioning or
inoperative.
    Any owner or operator subject to the provisions of this part shall
maintain a file of these measurements, and retain the file for at least
five years following the date of such measurements, maintenance
reports, and records. All reports are sent to the delegated state or
local authority. In the event that there is no such delegated
authority, the reports are sent directly to the EPA regional office.
This information is being collected to assure compliance with 40 CFR
part 61, subpart L, as authorized in section 112 and 114(a) of the
Clean Air Act. The required information consists of emissions data and
other information that have been determined to be private.
    An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB Control Number. The OMB Control Number for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are
identified on the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 92
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Benzene emissions from coke by-
product recovery plants.
    Estimated Number of Respondents: 17.
    Frequency of Response: Semiannually, and on occasion.
    Estimated Total Annual Hour Burden: 3,137.
    Estimated Total Annual Cost: $199,375, which includes $0 annualized
Capital Startup costs, $0 Operating and Maintenance Costs (O&M), and
$199,375 annualized Labor Costs.
    Changes in the Estimates: The regulations have not changed over the
past three years and are not anticipated to change over the next three
years. There is only one small change in the labor hours in this ICR
compared to the previous ICR. The change is caused by different methods
of rounding numbers. The previous ICR shows (3,138) as the labor hours,
however, this ICR uses the exact hours of (3,137). The growth rate for
the industry is very low, negative or non-existent, so there is no
significant change in the overall burden.
    Since there are no changes in the regulatory requirements and there
is no significant industry growth, the labor hours and cost figures in
the previous ICR are used in this ICR, and there is no change in burden
to industry.

    Dated: December 6, 2007.
Sara Hisel-McCoy,
Director, Collection Strategies Division.
 [FR Doc. E7-24161 Filed 12-12-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Notices]
[Page 25675]
[FR Doc No: 2015-10489]

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

[FRL-9927-26-Region 5]

Public Meeting of the Great Lakes Advisory Board

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

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

SUMMARY: The Environmental Protection Agency (EPA) announces a public
meeting of the Great Lakes Advisory Board (Board). The purpose of this
meeting is to discuss the Great Lakes Restoration Initiative (GLRI)
covering FY15-19 and other relevant matters.

DATES: The meeting will be held on Tuesday, May 19, 2015 from 10 a.m.
to 3 p.m. Central Time, 11 a.m. to 4 p.m. Eastern Time. An opportunity
will be provided to the public to comment.

ADDRESSES: The meeting will be held at the U.S. Army Corps of Engineers
Offices at 230 S. Clark St., 16th Floor, Fort Dearborn and Lake
Michigan Conference Rooms, Chicago, Illinois. Meeting attendees must
use the visitor's entrance located at 230 S. Clark St. For security
reasons, attendees must provide their full name at least three working
days in advance by contacting Rita Cestaric at<EMAIL_ADDRESS>or
Taylor Fiscus at<EMAIL_ADDRESS>Attendees must be pre-
registered for the meeting as only registered attendees will be
permitted to enter the building. All attendees must show a valid photo
ID to enter the building. For those unable to attend in person, this
meeting will also be available telephonically. The teleconference
number is<PHONE_NUMBER> and the conference ID number is 28629925.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing
further information regarding this meeting may contact Rita Cestaric,
Designated Federal Officer (DFO), by email at<EMAIL_ADDRESS>
General information on the GLRI and the Board can be found at http://glri.us/public.html.

SUPPLEMENTARY INFORMATION:
    Background: The Board is a federal advisory committee chartered
under the Federal Advisory Committee Act (FACA), Public Law 92-463. EPA
established the Board in 2013 to provide independent advice to the EPA
Administrator in her capacity as Chair of the federal Great Lakes
Interagency Task Force (IATF). The Board conducts business in
accordance with FACA and related regulations.
    The Board consists of 16 members appointed by EPA's Administrator
in her capacity as IATF Chair. Members serve as representatives of
state, local and tribal government, environmental groups, agriculture,
business, transportation, educational institutions, and as technical
experts.
    Availability of Meeting Materials: The agenda and other materials
in support of the meeting will be available at http://glri.us/advisory/index.html.
    Procedures for Providing Public Input: Federal advisory committees
provide independent advice to federal agencies. Members of the public
can submit relevant comments for consideration by the Board. Input from
the public to the Board will have the most impact if it provides
specific information for the Board to consider. Members of the public
wishing to provide comments should contact the DFO directly.
    Oral Statements: In general, individuals or groups requesting an
oral presentation at this public meeting will be limited to three
minutes per speaker, subject to the number of people wanting to
comment. Interested parties should contact the DFO in writing
(preferably via email) at the contact information noted above by May
15, 2015 to be placed on the list of public speakers for the meeting.
    Written Statements: Written statements must be received by May 15,
2015 so that the information may be made available to the Board for
consideration. Written statements should be supplied to the DFO in the
following formats: One hard copy with original signature and one
electronic copy via email. Commenters are requested to provide two
versions of each document submitted: One each with and without
signatures because only documents without signatures may be published
on the GLRI Web page.
    Accessibility: For information on access or services for
individuals with disabilities, please contact the DFO at the phone
number or email address noted above, preferably at least seven days
prior to the meeting, to give EPA as much time as possible to process
your request.

     Dated: April 20, 2015.
Cameron Davis,
Senior Advisor to the Administrator.
[FR Doc. 2015-10489 Filed 5-4-15; 8:45 am]
 BILLING CODE 6560-50-P


AIPORT DEICING CBI REPLACEMENT PAGE

OW-2004-0038

DCN __AD00305______________

THE FOLLOWING HAS BEEN REMOVED BECAUSE IT CONTAINS CONFIDENTIAL BUSINESS INFORMATION (CBI) PER

40 CFR PART 2, SUBPART B.


[Federal Register: May 6, 2009 (Volume 74, Number 86)]
[Rules and Regulations]
[Page 20880-20883]
[DOCID:fr06my09-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2008-0839; FRL-8783-9]

Revisions to the California State Implementation Plan, South
Coast Air Quality Management District Sacramento Metropolitan Air
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
South Coast Air Quality Management District (SCAQMD) and Sacramento
Metropolitan Air Quality Management District (SMAQMD) portion of the
California State Implementation Plan (SIP). These revisions concern
oxides of nitrogen (NOx) emissions from boilers, process heaters, steam
generators and residential water heaters. We are approving local rules
that regulate these emission sources under the Clean Air Act as amended
in 1990 (CAA or the Act).

DATES: This rule is effective on July 6, 2009 without further notice,
unless EPA receives adverse comments by June 5, 2009. If we receive
such comments, we will publish a timely withdrawal in the Federal
Register to notify the public that this direct final rule will not take
effect.

ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-
2008-0839], by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://
www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://
www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the

body of your comment. If you send e-mail directly to EPA, your e-mail
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Idalia Perez, EPA Region IX, (415)
972-3248<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we'', ``us'' and
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action.
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA recommendations to further improve the rules.
    D. Public comment and final action.
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agencies and submitted by the California
Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
              Local agency                  Rule No.              Rule title              Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD..................................         1121  Control of Nitrogen Oxides from     09/03/04     07/18/08
                                                        Residential Type, Natural Gas-
                                                        Fired Water Heaters.
SMAQMD..................................          411  NOx from Boilers, Process           08/23/07     03/07/08
                                                        Heaters and Steam Generators.
----------------------------------------------------------------------------------------------------------------

    On August 22, 2008, the submittal of SCAQMD Rule 1121 was found to
meet the completeness criteria in 40 CFR part 51, Appendix V, which
must be met before formal EPA review. On April 17, 2008, the submittal
of SMAQMD Rule 411 was found to meet the completeness criteria in 40
CFR part 51, Appendix V, which must be met before formal EPA review.

B. Are there other versions of these rules?

    We approved a version of SCAQMD Rule 1121 into the SIP on November
16, 2001. The SCAQMD adopted revisions to the SIP-approved version on
September 3, 2004 and CARB submitted them to us on July 18, 2008. We
approved a version of SMAQMD Rule 411 into the SIP on August 1, 2007.
The SMAQMD adopted revisions to the SIP-approved version on August 23,
2005 and CARB submitted them to us on March 7, 2008.

C. What is the purpose of the submitted revisions?

    NOX helps produce ground-level ozone, smog and
particulate matter, which harm human health and the environment.
Section 110(a) of the CAA requires States to submit regulations that
control NOX emissions. SCAQMD Rule 1121 regulates emissions
of NOX from residential natural gas-fired heaters with heat
input rates less than 75,000 Btu/hour. The rule includes a mitigation
fee that can be paid in lieu of meeting interim emission limits and has
a compliance date of January 1, 2008. SCAQMD amended the SIP-approved
rule to delay compliance deadlines and simplify the mitigation fee.
SMAQMD Rule 411 regulates emissions of NOX from boilers,
process heaters and steam generators with a rated heat input capacity
equal to or greater than 1 million Btu per hour. The amendments to the
SIP-approved rule serve to include those who qualify for the low fuel
usage exemption included in the SIP-approved rule but who missed the
original deadline to apply for it. EPA's technical support documents
(TSD) have more information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
sections 182(a)(2) and 182(f)), and must not relax existing
requirements (see sections 110(l) and 193). The SCAQMD regulates an
ozone nonattainment area (see 40 CFR part 81), so Rule 1121 must
fulfill RACT. The SMAQMD also regulates an ozone nonattainment area
(see 40 CFR part 81), so Rule 411 must also fulfill RACT.
    Guidance and policy documents that we use to help evaluate
enforceability and RACT requirements consistently include the
following:
    1. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620,
November 25, 1992.
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``State Implementation Plans for Serious PM-10 Nonattainment
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas
Generally; Addendum to the General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998 (August
16, 1994).
    5. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    6. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.
    7. ``Alternative Control Techniques Document--NOX
Emissions from Industrial/Commercial/Institutional (ICI) Boilers,''
EPA, March 1994.
    8. ``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control for Industrial, Institutional, and
Commercial Boilers,

Steam Generators, and Process Heaters,'' CARB, July 18, 1991.

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT, and SIP relaxations. The TSD
have more information on our evaluation.

C. EPA Recommendations To Further Improve the Rule

    The TSD for SMAQMD Rule 411 describes additional rule revisions
that do not affect EPA's current action but are recommended for the
next time the local agency modifies the rule.

D. Public comment and final action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by June 5, 2009, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on July 6, 2009. This will incorporate these
rules into the federally enforceable SIP.
    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.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air 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 Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; 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.
    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).
    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 July 6, 2009. 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements.

    Dated: March 2, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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)(354)(i)(C) and
(359)(i)(B) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (354) * * *
    (i) * * *
    (C) Sacramento Metropolitan Air Quality Management District
    (1) Rule 411, ``NOx from Boilers, Process Heaters and Steam
Generators'' adopted on October 27, 2005 and amended on August 23,
2007.
* * * * *
    (359) * * *
    (i) * * *
    (B) South Coast Air Quality Management District
    (1) Rule 1121, ``Fuel Burning Equipment,'' adopted on December 10,

1999 and amended on September 3, 2004.
* * * * *
[FR Doc. E9-10520 Filed 5-5-09; 8:45 am]

BILLING CODE 6560-50-P


Note we did not include administrative permit modifications because
there is no requirement for EPA review and they do not involve
substantive changes.

E-  PAGE  3

  PAGE   33

  PAGE  47

EPA

Executive Summary

1	Identification of the Information Collection

 1.2	Description

   2	Need and Use of the Collection

       2.1          Need/Authority for the Collection

Practical Utility/Users of the Data

 2.3	Caveats and Considerations

3	  Non-Duplication, Consultation, and Other Collection Criteria

   3.1	  Non-Duplication

 Public Notice Requirements

Consultations

  Effects of Less Frequent Collection

  General Guidelines

3.6	  Confidentiality

4	The Respondents and the Information Requested

4.1	Respondents

4.2	Information Requested

Data Items Submitted Including Recordkeeping Requirements

4.2.2	Respondent Activities

5	The Information Collected – Collection Methodology and Information
Management

5.1	 Collection Methodology and Management

5.2	  Small Entity Flexibility

5.3	  Collection Schedule

6	Estimating the Burden and Cost of the Collection

6.1	Estimating the Number of Respondents

6.2	Estimating Burden

6.3	Estimating Costs

6.3.1	Estimating Source Costs

6.3.2	Estimating PA and Agency Costs

6.3.3	  Bottom Line Burden Hours and Costs

6.4	Changes in the Burden

6.5	  Burden Statement