43842 Federal Register / Vol. 78, No. 140 / Monday, July 22, 2013 / Proposed Rules 

(i) Post-Repair/Modification Inspections 

At the applicable time specified in Table 

2 of paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin 747–53A2371, 

Revision 2, dated December 11, 2012: Do a 

detailed inspection of all repaired and 

modified tension ties, and do all applicable 

corrective actions, except as required by 

paragraph (k)(2) of this AD, in accordance 

with the Accomplishment Instructions of 

Boeing Alert Service Bulletin 747–53A2371, 

Revision 2, dated December 11, 2012, except 

as required by paragraph (k)(2) of this AD. 

Repeat the inspection thereafter at the times 

specified in paragraph 1.E., ‘‘Compliance,’’ of 

Boeing Alert Service Bulletin 747–53A2371, 

Revision 2, dated December 11, 2012. Do all 

applicable corrective actions before further 

flight. 

(j) Credit for Previous Actions 

This paragraph provides credit for the 

modification required by paragraphs (g) and 

(h) of this AD if that modification was done 

before the effective date of this AD using 

Boeing Service Bulletin 747–53–2371, dated 

July 29, 1993; or Boeing Alert Service 

Bulletin 747–53A2371, Revision 1, dated 

April 27, 1995; which are not incorporated 

by reference in this AD. 

(k) Exception to Service Information 

(1) Where Row 2 of Table 3 of paragraph 

1.E., ‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 747–53A2371, Revision 2, dated 

December 11, 2012, specifies repeating a 

‘‘detailed’’ inspection, ‘‘as given in Part 4’’ of 

this service information, the repetitive 

inspections required by this AD are ‘‘HFEC’’ 

inspections, done in accordance with Part 4 

and Figure 8 of Boeing Alert Service Bulletin 

747–53A2371, Revision 2, dated December 

11, 2012. 

(2) Where Boeing Alert Service Bulletin 

747–53A2371, Revision 2, dated December 

11, 2012, specifies contacting Boeing for 

repair instructions, or does not include repair 

instructions for a crack found in an area other 

than the aft tension tie area: Before further 

flight, do the repair using a method approved 

in accordance with the procedures specified 

in paragraph (l) of this AD. 

(3) Where Boeing Alert Service Bulletin 

747–53A2371, Revision 2, dated December 

11, 2012 specifies a compliance time of ‘‘after 

the Revision 2 date of this service bulletin,’’ 

this AD requires compliance within the 

specified compliance time after the effective 

date of this AD. 

(l) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle Aircraft 

Certification Office (ACO), 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: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(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 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. 

(4) AMOCs approved for AD 94–13–06, 

Amendment 39–8946 (59 FR 32879, June 27, 

1994), are approved as AMOCs for the 

corresponding actions required by 

paragraphs (g), (h), and (i) of this AD. 

(m) Related Information 

(1) For more information about this AD, 

contact Nathan Weigand, Aerospace 

Engineer, Airframe Branch, ANM–120S, 

FAA, Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, Washington 

98057–3356; phone: (425) 917–6428; fax: 

(425) 917–6590; email: 

nathan.p.weigand@faa.gov. 

(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 206–766– 

5680; 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 

425–227–1221. 

Issued in Renton, Washington, on July 12, 

2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–17412 Filed 7–19–13; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R07–RCRA–2013–0447; FRL–9833–6] 

State of Kansas; Authorization of State 

Hazardous Waste Management 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Kansas has applied to EPA for 

final authorization for changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). EPA proposes to grant final 

authorization to Kansas. 

DATES: Comments on this proposed 

action must be received in writing by 

August 21, 2013. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

2. Email: haugen.lisa@epa.gov. 

3. Mail: Lisa Haugen, Environmental 

Protection Agency, Region 7, 

Enforcement Coordination Office, 11201 

Renner Boulevard, Lenexa, Kansas 

66219. 

4. Hand Delivery or Courier: Deliver 

your comments to Lisa Haugen, 

Environmental Protection Agency, 

Region 7, Enforcement Coordination 

Office, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. Such deliveries 

are only accepted during the Regional 

Office’s normal hours of operation of 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding legal holidays. 

Please see the immediate final rule 

which is located in the Rules section of 

this Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Haugen, Region 7, Enforcement 

Coordination Office, 11201 Renner 

Boulevard, Lenexa, Kansas 66219, 

Phone number: (913) 551–7877, or email 

address: haugen.lisa@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of the Federal 

Register, EPA is authorizing the changes 

by an immediate final rule without prior 

proposal because the Agency views this 

as a noncontroversial revision 

amendment and anticipates no relevant 

adverse comments to this action. A 

detailed rationale for the approval is set 

forth in the immediate final rule. If no 

relevant adverse comments are received 

in response to this action, no further 

activity is contemplated in relation to 

this action. If EPA receives relevant 

adverse comments, the immediate final 

rule will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed action. EPA will not institute 

a second comment period on this action. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on part of this rule and if that 

part can be severed from the remainder 

of the rule, EPA may adopt as final 

those parts of the rule that are not the 

subject of an adverse comment. For 

additional information, see the 

immediate final rule which is located in 

the rules section of this Federal 

Register. 


ehiers on DSK2VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 78, No. 140 / Monday, July 22, 2013 / Proposed Rules 43843 

Dated: June 27, 2013. 

Mark Hague, 

Acting Regional Administrator, Region 7. 

[FR Doc. 2013–17038 Filed 7–19–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Office of Natural Resources Revenue 

Office of Hearings and Appeals 

30 CFR Part 1290 

43 CFR Part 4 

[Docket No. ONRR–2011–0017; DS63610300 

DR2PS0000.CH7000 134D0102R2] 

RIN 1012–AA08 

Clarification of Appeal Procedures 

AGENCY: Office of Natural Resources 

Revenue and Office of Hearings and 

Appeals, Interior. 

ACTION: Proposed rule. 

SUMMARY: The Office of Natural 

Resources Revenue (ONRR) and Office 

of Hearing and Appeals (OHA) are 

proposing to amend and clarify 

regulations concerning certain aspects 

of appeals of ONRR correspondence and 

to clarify the final administrative nature 

of ONRR orders that are not paid or 

appealed. 

DATES: Comments must be submitted on 

or before September 20, 2013. 

ADDRESSES: You may submit comments 

to ONRR by any of the following 

methods (please reference ‘‘1012– 

AA08’’ in your comments): 

• Electronically go to 

www.regulations.gov. In the entry titled 

‘‘Enter Keyword or ID,’’ enter ‘‘ONRR– 

2011–0017,’’ and then click ‘‘Search.’’ 

Follow the instructions to submit public 

comments. ONRR will post all 

comments. 

• Mail comments to Armand 

Southall, Regulatory Specialist, ONRR, 

P.O. Box 25165, MS 64000A, Denver, 

Colorado 80225–0165. 

• Hand-carry comments, or use an 

overnight courier service, to the Office 

of Natural Resources Revenue, Building 

85, Room A–614, Denver Federal 

Center, West 6th Ave. and Kipling St., 

Denver, Colorado 80225. 

FOR FURTHER INFORMATION CONTACT: For 

questions on technical issues, contact 

Sarah Inderbitzin, Office of Enforcement 

(OE), ONRR, telephone (303) 231–3748, 

or email sarah.inderbitzin@onrr.gov. For 

other questions, contact Armand 

Southall, Regulatory Specialist, ONRR, 

telephone (303) 231–3221, or email 

armand.southall@onrr.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The ONRR is proposing to amend its 

appeal regulations. On May 13, 1999, 

the Department of the Interior 

(Department) published in the Federal 

Register (64 FR 26240) a final rule 

governing the appeal of the former 

Minerals Management Service’s (MMS) 

Minerals Revenue Management (MRM) 

orders. In this proposed rule, ONRR is 

clarifying the appeal regulations by 

removing ambiguity regarding the 

ONRR definition of an Order, the timing 

of appeals of orders to perform 

restructured accounting, and the finality 

of orders that have not been paid or 

appealed. 

II. Reorganization of Title 30 CFR 

On May 19, 2010, the Secretary of the 

Department of the Interior (Secretary) 

separated the responsibilities previously 

performed by the former MMS and 

reassigned those responsibilities to three 

separate organizations. As part of this 

reorganization, the Secretary renamed 

MMS’s MRM the Office of Natural 

Resources Revenue and directed that 

ONRR transition from the Office of the 

Assistant Secretary for Land and 

Minerals Management to the Office of 

the Assistant Secretary for Policy, 

Management and Budget (PMB). This 

change required the reorganization of 

title 30, Code of Federal Regulations (30 

CFR). In response, ONRR published a 

direct final rule on October 4, 2010 (75 

FR 61051), to establish a new chapter 

XII in 30 CFR; to remove certain 

regulations from chapter II; and to 

recodify these regulations in the new 

chapter XII. Therefore, all references to 

ONRR in this proposed rule include its 

predecessor MRM, and all references to 

30 CFR part 1290 in this proposed rule 

include former 30 CFR part 290, subpart 

B. 

III. Explanation of Proposed 

Amendments 

This rule would make technical 

clarifications to 30 CFR part 1290 and 

43 CFR part 4, subpart J. Title 30 CFR 

part 1290 pertains to appeals of ONRR 

orders to report or pay royalties and 

other payments due under leases subject 

to part 1290. Title 43 CFR part 4, 

subpart J, contains OHA’s special rules 

applicable to appeals concerning 

Federal oil and gas royalties and other 

related matters. This rule also would 

make technical corrections to position 

titles, agency names, acronyms, and 

cross references within the regulations 

and would delete regulatory provisions 

no longer needed. 

Specifically, the rule proposes to 

amend existing appeal regulations in 

titles 30 and 43 to clarify which ONRR 

correspondence are appealable orders. 

This proposed amendment would apply 

to orders involving all Federal and 

Indian mineral leases. The ONRR has 

received appeals filed in response to 

‘‘Dear Payor,’’ ‘‘Dear Operator,’’ and 

‘‘Dear Reporter’’ letters. These letters 

contain policy and guidance that do not 

contain mandatory or ordering language, 

and, thus, are not ONRR orders. 

Therefore, those letters are not 

appealable. The Interior Board of Land 

Appeals (IBLA) addressed this issue in 

Devon Energy, 171 IBLA 43 (2007). In 

Devon, the IBLA held that, under 

ONRR’s appeal regulations, ‘‘Dear 

Payor/Operator/Reporter’’ letters sent to 

all lessees are not appealable orders 

under 30 CFR part 1290. Therefore, the 

proposed amendment to the regulations 

in titles 30 and 43 would specify that 

‘‘Dear Payor/Operator/Reporter’’ letters 

and any ONRR instructions or guidance 

do not constitute appealable orders. 

This proposed rule would eliminate 

confusion for the recipients of the 

ONRR letters and reduce the number of 

ineligible appeals. 

Likewise, the IBLA has held that 

correspondence from ONRR that does 

not contain a notice of the right to 

appeal is not an appealable order under 

30 CFR part 1290. Xanadu Exploration 

Company, 157 IBLA 183, 186 (2002). 

Therefore, the proposed amendments to 

the regulations also would specify that 

any ONRR correspondence that does not 

contain the right to appeal in writing 

does not constitute an appealable order 

consistent with the Xanadu decision. 

This amendment also would eliminate 

confusion for the recipients of ‘‘Dear 

Payor/Operator/Reporter’’ letters that do 

not contain an explicit right to appeal. 

In addition, the rule proposes to 

update 30 CFR part 1290 to reflect the 

60-day period within which a party may 

appeal an order to perform a 

restructured accounting involving only 

Federal oil and gas leases under the 

Royalty Simplification and Fairness Act 

of 1996 (RSFA), codified at 30 U.S.C. 

1724(d)(4)(B)(ii)(V). 

Generally, under the proposed rule, 

you would appeal an Order to Perform 

a Restructured Accounting to the ONRR 

Director. This would include requiring 

you to appeal an Order to Perform a 

Restructured Accounting that a 

delegated State issues to the ONRR 

Director under proposed 

§ 1290.105(a)(1)(ii). This would give the 

ONRR Director an opportunity to review 

such orders and issue a decision before 

it proceeds to the IBLA. 


ehiers on DSK2VPTVN1PROD with PROPOSALS-1