[Federal Register Volume 86, Number 164 (Friday, August 27, 2021)]
[Proposed Rules]
[Pages 48070-48078]
[FR Doc No: 2021-18385]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0715; Project Identifier AD-2021-00259-A]
RIN 2120-AA64

Airworthiness Directives; Various Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for various airplanes modified with certain configurations of Garmin
G3X Touch Electronic Flight Instrument System installed per
Supplemental Type Certificate (STC) No. SA01899WI or Garmin GI 275
Multi-Function Display System (MFDS) installed per STC No. SA02658SE.
This proposed AD was prompted by a report of a fuel quantity disparity
between the amount of fuel indicated and the actual amount of fuel.
This proposed AD would require modifying the resistive fuel probe
interface. The FAA is proposing this AD to address the unsafe condition
on these products.

DATES: The FAA must receive comments on this proposed AD by October 12,
2021.

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 https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Garmin
International, Garmin Aviation Support, 1200 E 151st Street, Olathe, KS
66062; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>website:
https://fly.garmin.com/fly-garmin/support/. You may view this service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 901 Locust, Kansas City, MO 64106. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0715; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Kevin Marks, Aviation Safety Engineer,
Wichita ACO Branch, FAA, 1801 Airport Road, Wichita, KS 67209; phone:
(316) 946-4153; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0715; Project Identifier
AD-2021-00259-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Kevin
Marks, Aviation Safety Engineer, Wichita ACO Branch, FAA, 1801 Airport
Road, Wichita, KS 67209. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    The FAA was notified of a Piper production line issue with the
installation of a Garmin G3X Touch Electronic Flight Instrument System
installed under STC No. SA01899WI. After calibration and fueling the
airplane to a known level, the flight crew noted that the fuel quantity
indicator displayed a higher level of fuel.
    The Garmin G3X Touch Electronic Flight Instrument System, when
interfaced with the Garmin GEA 24 (Engine Airframe Adapter) for display
of the fuel quantity, uses a 1K ohm resistor inline between the GEA 24
and the airplane fuel quantity resistance style sending unit (float).
This resistor provides lightning protection to the fuel tank as
required by 14 CFR 23.954.
    Use of the 1K resistor causes a GEA error with changing resistor
temperature. The farther the actual (ambient) temperature of the
resistor is from the temperature of the fuel quantity calibration, the
larger the error. The lower the operating resistance of the fuel
sending unit, the larger the error. The largest errors occur in
installations with fuel sending units having an operational range less
than 100 ohms. The Garmin GI 275 MFDS installed under STC No.
SA02658SE, when interfaced with the Garmin GEA 24 for display of the
fuel quantity, is also subject to this unsafe condition.
    The displayed fuel quantity can have an error as much as four
gallons/fuel tank with the display indicating four gallons with an
empty tank. This condition, if not addressed, could result in fuel
starvation and engine shutdown with consequent loss of airplane
control.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Garmin Mandatory STC Service Bulletin No. 2134,
Revision A, and Garmin

Mandatory STC Service Bulletin No. 2135, Revision A, both dated April
23, 2021. This service information specifies procedures for modifying
the GEA 24 resistive fuel probe interface. These documents are distinct
since they apply to different STCs. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
ADDRESSES.

Other Related Service Information

    The FAA also reviewed Master Drawing List (MDL) Document No. 005-
01320-00, Revision 10, for STC No. SA01899WI, and MDL Drawing No. 005-
01208-41, Revision 10, for STC No. SA02658SE, both dated April 23,
2021. This service information contains the type design data for
installation of the STC. Revision 10 introduces a new fuel quantity
interface and configuration to eliminate the unsafe condition described
previously.

Proposed AD Requirements in This NPRM

    This proposed AD would require modifying the resistive fuel probe
interface. The proposed AD would apply to airplanes on the approved
model list for STC No. SA01899WI, installed in accordance with MDL
Document No. 005-01320-00, Revision 9 or earlier, and STC No.
SA02658SE, installed in accordance with MDL Drawing No. 005-01208-41,
Revision 9 or earlier, if the installation is interfaced with a Garmin
Engine Adapter GEA 24 connected to resistive fuel probes.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 920 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Modify fuel probe interface and         8 work-hours x $85 per               $10            $690        $634,800
 recalibrate the fuel system.            hour = $680.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators.

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.
    The FAA is 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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Various Airplanes: Docket No. FAA-2021-0715; Project Identifier AD-
2021-00259-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by October 12, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all serial numbers of the airplane models
listed in table 1 to paragraph (c), certificated in any category,
that are either:
    (1) Modified with a Garmin G3X Touch Electronic Flight
Instrument System under Supplemental Type Certificate (STC) No.
SA01899WI, installed in accordance with Master Drawing List (MDL)
Document No. 005-01320-00, Revision 9 or earlier, interfaced with a
Garmin Engine Adapter GEA 24 connected to resistive fuel probes; or
    (2) Modified with a Garmin GI 275 Multi-Function Display System
under STC No. SA02658SE, installed in accordance with MDL Revision 9
or earlier, interfaced with a Garmin Engine Adapter GEA 24 connected
to resistive fuel probes.
    Note 1 to paragraph (c): Garmin Mandatory STC Service Bulletin
No. 2134, Revision A, and Garmin Mandatory STC Service Bulletin No.
2135, Revision A, both dated April 23, 2021, contain information for
how to determine if your airplane has a resistive probe interface.
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(d) Subject

    Joint Aircraft System Component (JASC) Code 2841, Fuel Quantity
Indicator.

(e) Unsafe Condition

    This AD was prompted by reports of fuel quantity disparities
between the amount of fuel indicated and the actual amount of fuel.
The FAA is issuing this AD to ensure that the amount of fuel
indicated is the amount of fuel available. The unsafe condition, if
not addressed, could result in fuel starvation and engine shutdown
with consequent loss of airplane control.

(f) Compliance

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

(g) Action

    Within 100 hours time-in-service after the effective date of
this AD or within 12 months after the effective date of this AD,
whichever occurs first, modify the fuel probe interface by following
the Modification Instructions in Garmin Mandatory STC Service
Bulletin No. 2134, Revision A, or Garmin Mandatory STC Service
Bulletin No. 2135, Revision A, both dated April 23, 2021, whichever
is applicable.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita ACO Branch, 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 certification office, send it to the attention of the
person identified in Related Information.
    (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.

(i) Related Information

    (1) For more information about this AD, contact Kevin Marks,
Aviation Safety Engineer, Wichita ACO Branch, FAA, 1801 Airport
Road, Wichita, KS 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>or acfbc5cfc4c5d8cd81efe3ffeccacdcd82cbc3da.
    (2) For service information identified in this AD, contact
Garmin International, Garmin Aviation Support, 1200 E 151st Street,
Olathe, KS 66062; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
website: https://fly.garmin.com/fly-garmin/support/. You may view
this referenced service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust, Kansas
City, MO 64106. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.

    Issued on August 20, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-18385 Filed 8-26-21; 8:45 am]
BILLING CODE 4910-13-P


NJ DEPARTMENT of ENVIRONMENTAL PROTECTION

ENVIRONMENTAL REGULATION

DIVISION OF AIR QUALITY

BUREAU OF AIR QUALITY PLANNING  SEQ CHAPTER \h \r 1

Notice of SIP Revision Proposals

Proposed revisions to New Jersey’s State Implementation Plan covering,
1) the Federal Clean Air Act infrastructure requirements, and 2) the
update of the early transportation conformity budgets for Mercer County

Take notice that the New Jersey Department of Environmental Protection
(Department) is proposing two revisions to New Jersey’s State
Implementation Plan (SIP).  The first revision addresses the
requirements under 42 U.S.C. § 7410, Section 110(a)(1) and (2) of the
Clean Air Act, for the 1997 8-Hour Ozone and the 1997 Fine Particulate
Matter (PM2.5) National Ambient Air Quality Standards (NAAQS).  The
second revision updates the initial early transportation conformity
budgets for PM2.5 to incorporate the latest planning assumptions.  The
previously submitted budgets were approved by the United States
Environmental Protection Agency (USEPA) on July 10, 2006.

Section 110(a) of the Clean Air Act requires states to submit an
implementation plan to the USEPA Administrator that demonstrates the
states’ ability to implement, maintain, and enforce the NAAQS. These
elements were compiled and submitted separately in what is referred to
as an “Infrastructure” SIP. Most of these requirements have already
been addressed in past SIP revisions or through regulations. This SIP
revision complies with the infrastructure requirements for the 1997
8-Hour Ozone and the 1997 PM2.5 NAAQS.

In the recent 8-Hour Ozone Attainment Demonstration SIP, the Department
updated the planning assumptions that were used in the SIP development
and in the transportation conformity analyses.  The distribution of
vehicle miles traveled (VMT) between vehicle types was updated to
reflect a greater fraction of the total VMT should be attributed to the
heaviest class of diesel trucks.  When the updated VMT/vehicle type mix
is used, the predicted emissions of direct PM2.5 and annual NOx
increase.  The higher predictions result in values that are
significantly higher than the initial early PM2.5 budgets.  The amount
of the budget exceedance for Mercer County is much greater than the
emission reductions that could be achieved by changes to transportation
projects by 2009.  Therefore, a revision of the early budget for Mercer
County is needed.  These revised transportation budgets are needed by
the Metropolitan Planning Organization (Delaware Valley Regional
Planning Commission) by the Spring of 2008 to enable them to demonstrate
conformity of their Transportation Improvement Program with the SIP.  If
the USEPA is unable to approve these budgets in time, the Delaware
Valley Regional Planning Commission will not be able to maintain their
regular schedule of revisions to their Transportation Improvement
Program.

  SEQ CHAPTER \h \r 1 Copies of the Department’s proposal are
available from the Department’s web site at
http://www.state.nj.us/dep/baqp, the Department’s Public Information
Center at 401 E. State Street in Trenton, the Department’s Regional
Enforcement Offices, and a number of public libraries throughout the
State.  For more information on obtaining copies, please contact:

Ms. Willa Williams

NJDEP Air Quality Planning

401 E.  State Street, 7th Floor

P.O. Box 418

Trenton, NJ 08625-0418

phone:<PHONE_NUMBER>

fax:<PHONE_NUMBER>

<EMAIL_ADDRESS>
A public hearing concerning the Department’s proposed SIP revisions is
scheduled as follows:

	Monday, January 28, 2008 at 10:00 a.m.

The NJDEP Building, Public Hearing Room (1st Floor)

401 East State Street

Trenton, New Jersey

This hearing is being held in accordance with the provisions of Section
110(a)(1) and (2) of the Clean Air Act, 42 U.S.C. § 7410.  Written
comments may be submitted by close of business January 31, 2008, to:

NJ Department of Environmental Protection

Alice Previte, Esq.

Attn:  DEP Docket # 31-07-12

Office of Legal Affairs

P.O. Box 402

Trenton, New Jersey 08625-0402


[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Notices]
[Page 19385]
[FR Doc No: 2015-08373]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

 In the Matter of eCareer Holdings, Inc.; Order of Suspension of
Trading

April 8, 2015.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
eCareer Holdings, Inc., (``eCareer'') because of questions regarding
the accuracy of publicly available information about the company's
operations, including questions about the accuracy of statements in its
filings regarding eCareer's use of investor proceeds for working
capital, its sales of securities in unregistered transactions and
compensation received by eCareer's CEO and chairman, including
information in eCareer's Form 10-K for the fiscal year ended June 30,
2014, Form 10-Q for the period ended September 30, 2014, and Form 10-Q
for the period ended December 31, 2014. Its stock is quoted on OTC
Link, operated by OTC Markets Group, Inc., under the ticker: ECHI.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of eCareer.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company is suspended for the period from 9:30 a.m. EDT on
April 8, 2015, through 11:59 p.m. EDT on April 21, 2015.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-08373 Filed 4-8-15; 4:15 pm]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 157 (Tuesday, August 14, 2012)]
[Proposed Rules]
[Pages 48473-48476]
[FR Doc No: 2012-19888]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0143; Directorate Identifier 2011-NM-077-AD]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. 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 all Fokker Services B.V. Model F.28 Mark 0070 and 0100
airplanes. That NPRM proposed to supersede an existing AD that requires
revising the airworthiness limitations section (ALS) of the
instructions for continued airworthiness for certain airplanes, and the
FAA-approved maintenance program for certain other airplanes, to
incorporate new limitations. That NPRM was prompted by Fokker Services
B.V. issuing a Fokker 70/100 maintenance review board (MRB) document
with revised limitations, tasks, thresholds, and intervals. This action
revises that NPRM by revising the maintenance program to incorporate
the limitations, tasks, thresholds, and intervals specified in certain
revised Fokker MRB documents. We are proposing this AD to reduce the
potential of structural failures or of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane. Since
these actions impose an additional burden over that proposed in the
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 proposed AD by September 28,
2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL
Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31
(0)88-6280-111; email<EMAIL_ADDRESS>Internet http://www.myfokkerfleet.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 Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA 1601
Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 227-
1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0143;
Directorate Identifier 2011-NM-077-AD'' at the beginning of

your comments. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of this
proposed AD. We will consider all comments received by the closing date
and may amend this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the
specified products, which was published in the Federal Register on
February 21, 2012 (77 FR 9871). That earlier NPRM proposed to supersede
AD 2004-15-08, Amendment 39-13742 (69 FR 44586, July 27, 2004), to
require actions intended to address the unsafe condition for the
products listed above.
    Since that NPRM (77 FR 9871, February 21, 2012) was issued, Fokker
Services B.V. has issued certain revised MRB documents with revised
limitations, tasks, thresholds, and intervals. This supplemental NPRM
would revise the maintenance program to incorporate the limitations,
tasks, thresholds, and intervals specified in those Fokker MRB
documents. Additionally, The European Aviation Safety Agency (EASA),
which is the Technical Agent for the Member States of the European
Community, has issued EASA Airworthiness Directive 2012-0049, dated
March 27, 2012 (referred to after this as ``the MCAI''), to correct an
unsafe condition for the specified products. The MCAI states:

    Fokker Services published issue 3 of report SE-672 dated 3
January 2012 and issue 9 of report SE-473 dated 11 January 2012,
both part of the Airworthiness Limitations Section (ALS) of the
Instructions for Continued Airworthiness, referred to in Section 06,
Appendix 1, of the Fokker 70/100 Maintenance Review Board (MRB)
document. The complete ALS currently consists of:

--Certification Maintenance Requirements (CMRs)--report SE-473,
issue 9
--Airworthiness Limitation Items (ALIs) and Safe Life Items (SLIs)--
report SE-623, issue 8
--Fuel ALIs and Critical Design Configuration Control Limitations
(CDCCLs)--report SE-672, issue 3

    The instructions contained in those reports have been identified
as mandatory actions for continued airworthiness.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2011-0157, which is superseded, and requires
the implementation of the inspections and limitations as specified
in the ALS of the Instructions for Continued Airworthiness, referred
to in Section 06, Appendix 1 of the Fokker 70/100 MRB document,
reports SE-473, SE-623 and SE-672 at the above-mentioned issues.

    We have determined that the actions identified in this supplemental
NPRM are necessary to reduce the potential of structural failures or of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane. You may obtain further information by
examining the MCAI in the AD docket.

Relevant Service Information

    Fokker has issued the following documents:
     Fokker Report SE-473, ``Fokker 70/100 Certification
Maintenance Requirements,'' Issue 9, released January 11, 2012.
     Fokker Report SE-623, ``Fokker 70/100 Airworthiness
Limitation Items and Safe Life Items,'' Issue 8, released March 17,
2011.
     Fokker Report SE-672, ``Fokker 70/100 Fuel Airworthiness
Limitation Items (ALI) and Critical Design Configuration Control
Limitations (CDCCL),'' Issue 3, released January 4, 2012.
    The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

Comments

    We gave the public the opportunity to comment on the earlier NPRM
(77 FR 9871, February 21, 2012). We received no comments on that NPRM
or on the determination of the cost to the public.

Explanation of Changes Made to This Supplemental NPRM

    We have revised certain headings throughout this supplemental NPRM.
We have also re-identified Note 1 of the earlier NPRM (77 FR 9871,
February 21, 2012) to paragraph (c)(2) of this supplemental NPRM, and
changed Note 2 of the earlier NPRM to paragraph (h)(2) of this
supplemental NPRM. These changes do not affect the intent of those
paragraphs.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    Certain changes described above expand the scope of the earlier
NPRM (77 FR 9871, February 21, 2012). 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 proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 13 products of U.S. registry.
    The actions that are required by AD 2004-15-08, Amendment 39-13742
(69 FR 44586, July 27, 2004), and retained in this proposed AD take
about 1 work-hour per product, at an average labor rate of $85 per work
hour. The actions that are required by AD 2008-06-20, Amendment 39-
15432 (73 FR 14661, March 19, 2008), and retained in this proposed AD
take about 1 work-hour per product, at an average labor rate of $85 per
work hour. Based on these figures, the estimated cost of the currently
required actions is $170 per product.
    We estimate that it would take about 1 work-hour per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of the proposed AD on U.S. operators to be $1,105, or $85 per
product.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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 removing airworthiness directive
(AD) 2004-15-08, Amendment 39-13742 (69 FR 44586, July 27, 2004), and
adding the following new AD:

Fokker Services B.V.: Docket No. FAA-2012-0143; Directorate
Identifier 2011-NM-077-AD.

(a) Comments Due Date

    We must receive comments by September 28, 2012.

(b) Affected ADs

    This AD supersedes AD 2004-15-08, Amendment 39-13742 (69 FR
44586, July 27, 2004). This AD also affects AD 2008-06-20, Amendment
39-15432 (73 FR 14661, March 19, 2008).

(c) Applicability

    (1) This AD applies to Fokker Services B.V. Model F.28 Mark 0070
and 0100 airplanes, certificated in any category, all serial
numbers.
    (2) This AD requires revisions to certain operator maintenance
documents to include new actions (e.g., inspections) and/or Critical
Design Configuration Control Limitations (CDCCLs). Compliance with
these actions and/or CDCCLs is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired
in the areas addressed by this AD, the operator may not be able to
accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (n) of this AD. The request should include a
description of changes to the required actions that will ensure the
continued operational safety of the airplane.

(d) Subject

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

(e) Reason

    This AD was prompted by a revised Fokker 70/100 maintenance
review board (MRB) document with revised limitations, tasks,
thresholds, and intervals. We are issuing this AD to reduce the
potential of structural failures or of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could
result in fuel tank explosions and consequent loss of the airplane.

(f) Compliance

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

(g) Retained Airworthiness Limitations Revision

    This paragraph restates the requirements of paragraph (c) of AD
2004-15-08, Amendment 39-13742 (69 FR 44586, July 27, 2004). Within
6 months after August 31, 2004 (the effective date of AD 2004-15-
08), revise the Airworthiness Limitations section (ALS) of the
Instructions for Continued Airworthiness by incorporating Fokker
Services B.V. Report SE-623, ''Fokker 70/100 Airworthiness
Limitations Items and Safe Life Items,'' Issue 2, dated September 1,
2001; and Fokker Services B.V. Report SE-473, ''Fokker 70/100
Certification Maintenance Requirements,'' Issue 5, dated July 16,
2001; into Section 6 of the Fokker 70/100 MRB document. (These
reports are already incorporated into Fokker 70/100 MRB document,
Revision 10, dated October 1, 2001.) Once the actions required by
this paragraph have been accomplished, the original issue of Fokker
Services B.V. Report SE-623, ''Fokker 70/100 Airworthiness
Limitations Items and Safe Life Items,'' dated June 1, 2000, may be
removed from the ALS of the Instructions for Continued
Airworthiness. Doing the actions specified in paragraph (i) of this
AD terminates the requirements of paragraph (g) of this AD.

(h) Retained Requirement for No Alternative Inspections or Intervals

    This paragraph restates the requirements of paragraph (e) of AD
2004-15-08, Amendment 39-13742 (69 FR 44586, July 27, 2004).
    (1) After the actions required by paragraph (g) of this AD have
been accomplished, no alternative inspections or inspection
intervals may be approved for the structural elements specified in
the documents identified in paragraph (g) of this AD, except as
required by paragraph (k) of this AD.
    (2) Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the ALS
for certain airplanes, and the maintenance program for certain other
airplanes, as required by paragraph (i) of this AD, do not need to
be reworked in accordance with the CDCCLs. However, once the ALS for
certain airplanes, and the maintenance program for certain other
airplanes, has been revised, future maintenance actions on these
components must be done in accordance with the CDCCLs.

(i) New Maintenance Program Revision

    Within 3 months after the effective date of this AD, revise the
maintenance program to incorporate the airworthiness limitations
specified in the Fokker MRB documents identified in paragraphs
(i)(3), (i)(4), and (i)(5) of this AD. For all tasks and retirement
lives identified in the Fokker MRB documents identified in
paragraphs (i)(3), (i)(4), and (i)(5) of this AD, the initial
compliance times start from the later of the times specified in
paragraphs (i)(1) and (i)(2) of this AD, and the repetitive
inspections must be accomplished thereafter at the applicable
interval specified in the Fokker MRB documents identified in
paragraphs (i)(3), (i)(4), and (i)(5) of this AD.
    (1) Within 3 months after the effective date of this AD.
    (2) At the time specified in the documents identified in
paragraphs (i)(3), (i)(4), and (i)(5) of this AD.
    (3) Fokker Report SE-473, ``Fokker 70/100 Certification
Maintenance Requirements,'' Issue 9, released January 11, 2012.
    (4) Fokker Report SE-623, ``Fokker 70/100 Airworthiness
Limitation Items and Safe Life Items,'' Issue 8, released March 17,
2011.
    (5) Fokker Report SE-672, ``Fokker 70/100 Fuel Airworthiness
Limitation Items (ALI) and Critical Design Configuration Control
Limitations (CDCCL),'' Issue 3, released January 4, 2012.

(j) New Corrective Actions

    If any discrepancy (as defined in the documents specified in
paragraphs (i)(3), (i)(4), and (i)(5) of this AD) is found during
accomplishment of any task specified in the documents specified in
paragraphs (i)(3), (i)(4), and (i)(5) of this AD: Within the
applicable compliance time specified in the applicable documents
specified in paragraphs (i)(3), (i)(4), and (i)(5) of this AD,
accomplish the corrective actions in accordance with the approved
maintenance documentation. If no compliance time is

identified in the applicable documents specified in paragraphs
(i)(3), (i)(4), and (i)(5) of this AD, accomplish the applicable
corrective actions before further flight. If any discrepancy is
found and there is no corrective action specified in the applicable
documents specified in paragraphs (i)(3), (i)(4), and (i)(5) of this
AD: Before further flight contact the Manager, International Branch,
ANM-116, Transport Airplane Directorate, FAA, or the European
Aviation Safety Agency (EASA) (or its delegated agent), for approved
corrective actions, and accomplish those actions before further
flight.

(k) No Alternative Actions, Intervals, and/or CDCCLs

    After accomplishing the revision required by paragraph (i) of
this AD, no alternative actions (e.g., inspections), intervals, or
CDCCLs may be used unless the actions, intervals, or CDCCLs are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (n)(1) of this AD.

(l) Terminating Action

    Accomplishing the actions specified in paragraph (i) of this AD
terminates the requirements of paragraph (g) of this AD.

(m) Method of Compliance With AD 2008-06-20, Amendment 39-15432 (73 FR
14661, March 19, 2008)

    Accomplishing the actions specified in paragraph (i) of this AD
terminates the requirements of paragraphs (f)(1) through (f)(5) of
AD 2008-06-20, Amendment 39-15432 (73 FR 14661, March 19, 2008).

(n) 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: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA 1601 Lind Avenue SW., Renton,
Washington 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) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(o) Related Information

    (1) Refer to MCAI EASA Airworthiness Directive 2012-0049, dated
March 27, 2012, and the service information specified in paragraphs
(o)(1)(i), (o)(1)(ii), and (o)(1)(iii)2q of this AD, for related
information.
    (i) Fokker Report SE-473, ``Fokker 70/100 Certification
Maintenance Requirements,'' Issue 9, released January 11, 2012.
    (ii) Fokker Report SE-623, ``Fokker 70/100 Airworthiness
Limitation Items and Safe Life Items,'' Issue 8, released March 17,
2011.
    (iii) Fokker Report SE-672, ``Fokker 70/100 Fuel Airworthiness
Limitation Items (ALI) and Critical Design Configuration Control
Limitations (CDCCL),'' Issue 3, released January 4, 2012.
    (2) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130
EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31
(0)88-6280-111; email<EMAIL_ADDRESS>Internet http://www.myfokkerfleet.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 August 3, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-19888 Filed 8-13-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Proposed Rules]
[Pages 48369-48371]
[FR Doc No: 2016-17544]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0582
RIN 1625-AA09

Drawbridge Operation Regulation; Keweenaw Waterway, Houghton and
Hancock, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change the operating schedule that
governs the US41 bridge, mile 16.0 over the Keweenaw Waterway between
the towns of Houghton and Hancock, Michigan. The Michigan Department of
Transportation (MDOT) has requested a review of the current operating
schedule of the drawbridge due to a lack of openings during the early
morning hours. They have also requested to expand and modify the
current winter operating schedule.

DATES: Comments and related material must reach the Coast Guard on or
before August 24, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0582 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Lee D. Soule, Bridge Management Specialist,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
MDOT Michigan Department of Transportation
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    MDOT has requested to change the operating schedule of the US41
bridge at mile 16.0. The US41 bridge is the only crossing over the
Keweenaw Waterway and connects the towns of Houghton and Hancock,
Michigan. The current operating schedule has been in place for
approximately 31 years and the use of the waterway has significantly
changed, prompting the request to modify the current regulation.
    Keweenaw Peninsula is the northernmost part of Michigan's Upper
Peninsula projecting into Lake Superior. The Keweenaw Waterway runs
northwesterly to southeasterly and separates the peninsula from the
mainland making the US41 bridge the only bridge crossing for residents
and visitors to the peninsula.
    The Keweenaw Waterway is used by recreational, commercial,
inspected and uninspected passenger, and towing vessels. The US41
bridge is a vertical lift type drawbridge and provides a horizontal
clearance of 250 feet, a vertical clearance of 103 feet in the fully
open position, a vertical clearance of 7 feet in the closed position,
and a vertical clearance of 35 feet in the intermediate position. The
US41 bridge is a bi-level bridge originally designed with the upper
level providing access for automobiles and the lower level providing
access for rail, oversized vehicles, and snowmobiles.
    The rail service to the peninsula has been discontinued and
oversized vehicles must provide advance notice to the state before
traveling over the road to the peninsula. Most recreational and
commercial vessel traffic, including passenger vessel services, end
prior to November 15 each year and do not resume services until after
May 7 due to the formation of ice in the waterway. Large commercial
freighter vessels do not routinely pass through the Keweenaw Waterway.
    The current regulation, 33 CFR 117.635, requires the bridge to
operate with a 24-hour advance notice for openings from January 1
through March 15 each year. From March 16 through December 31 the
bridge opens on signal at all times.

III. Discussion of Proposed Rule

    This rule proposes to amend 33 CFR 117.635 in accordance with the
below described changes. The table below shows total bridge opening
data provided by MDOT, from April 16 to December 14, between the hours
of midnight and 4 a.m., for the past 6 years.

------------------------------------------------------------------------
                          Year                               Openings
------------------------------------------------------------------------
2010....................................................               4
2011....................................................               6
2012....................................................               6
2013....................................................              10
2014....................................................               7
2015....................................................               6
------------------------------------------------------------------------

    This proposed rule would allow the bridge to operate with at least
a 2-hour advance notice for openings from April 15 through December 14
between the hours of midnight and 4 a.m. During these hours no bridge
tender will be required at the bridge. The bridge will be placed in the
intermediate position during this 4-hour time period providing a
vertical clearance of 35 feet. Vessels requiring a full bridge opening
will still be able to obtain an opening with a 2-hour advance notice.
Vessels may also go around the peninsula to avoid passing through the
bridge.
    The table below shows the total bridge opening data provided by
MDOT, between December 15 and April 15, for the past 5 years.

------------------------------------------------------------------------
                          Year                               Openings
------------------------------------------------------------------------
2011...................................................               0

2012...................................................               1
2013...................................................               5
2014...................................................               0
2015...................................................               0
------------------------------------------------------------------------

    This proposed rule would allow the bridge to operate with at least
a 12-hour advance notice for openings from December 15 through April
14. During these hours no bridge tender will be required at the bridge.
Vessels may also go around the peninsula to avoid passing under the
bridge.
    At all other times, the bridge will continue to open on signal.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
    This regulatory action determination is based on the infrequent
requests for openings and the ability of vessels to still transit the
bridge given advanced notice. Additionally, vessels may go around the
peninsula.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. While some owners or operators of
vessels intending to transit the bridge may be small entities, for the
reasons stated in section IV.A above this proposed rule would not have
a significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that this action is one of a category
of actions which do not individually or cumulatively have a significant
effect on the human environment. This proposed rule simply promulgates
the operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under figure 2-
1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment

applies, and provide a reason for each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this notice, and all public comments, are in
our online docket at http://www.regulations.gov and can be viewed by
following that Web site's instructions. Additionally, if you go to the
online docket and sign up for email alerts, you will be notified when
comments are posted or a final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.635 to read as follows:

Sec.  117.635  Keweenaw Waterway

    The draw of the US41 bridge, mile 16.0 between Houghton and
Hancock, shall open on signal; except that from April 15 through
December 14, between midnight and 4 a.m., the draw shall be placed in
the intermediate position and open on signal if at least 2 hours notice
is given. From December 15 through April 14 the draw shall open on
signal if at least 12 hours notice is given.

    Dated: July 12, 2016.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2016-17544 Filed 7-22-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: June 24, 2010 (Volume 75, Number 121)]
[Notices]
[Page 36147-36148]
[DOCID:fr24jn10-93]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62317; File No. SR-CBOE-2010-038]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Approving Proposed Rule Change, as Modified by
Amendment No. 1 Thereto, Related to the Hybrid Matching Algorithms

June 17, 2010.
    On April 22, 2010, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') 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 revise its market turner and
modified participation entitlement priority overlays. On May 6, 2010,
CBOE filed Amendment No. 1 to the proposed rule change. The proposed
rule change was published for comment in the Federal Register on May
18, 2010.\3\ The Commission received no comment letters on the
proposal. This order approves the proposed rule change, as modified by
Amendment No. 1.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 62083 (May 12,
2010), 75 FR 27850.
---------------------------------------------------------------------------

    CBOE Rules 6.45A (Priority and Allocation of Equity Option Trades
on the CBOE Hybrid System), and 6.45B (Priority and Allocation of
Trades in Index Options and Options on ETFs on the CBOE Hybrid System)
set forth, among other things, the manner in which incoming electronic
orders in options are allocated on the Hybrid System. Each rule
currently provides allocation algorithms the Exchange can utilize when
executing incoming electronic orders, including the Ultimate Matching
Algorithm (``UMA''), and price-time and pro-rata priority allocation
algorithms. The price-time and pro-rata priority overlays currently
include: public customer priority for public customer orders resting on
the Hybrid System; participation entitlements for certain qualifying
market-makers (the ``original participation entitlement(s)''); a market
turner priority for participants that are the first to improve CBOE's
disseminated quote; and a modified participation entitlement overlay
\4\ in which the original participation entitlement would apply only if
there are no public customer orders resting at the best price or a
public customer was the first to rest interest at the best price. In
addition, a small order participation entitlement overlay for
Designated Primary Market-Makers (``DPMs'') and Lead Market-Makers
(``LMMs'') can be applied to each of the three allocation algorithms
(i.e., price-time, pro-rata or UMA).\5\ These overlays are all
optional.
---------------------------------------------------------------------------

    \4\ Securities Exchange Act Release No. 60665 (September 14,
2009), 74 FR 48114 (September 21, 2009) (SR-CBOE-2009-052).
    \5\ If the small order priority overlay is in effect for an
option class, then orders for five (5) contracts or fewer will be
executed first by the DPM or LMM, as applicable, appointed to the
option class. This participation entitlement is subject to certain
conditions, including a condition that public customer priority must
be in effect in priority sequence ahead of the participation
entitlement. See Rules 6.45A(a)(iii) and 6.45B(a)(iii).
---------------------------------------------------------------------------

    The proposed rule change would amend the Exchange's priority
overlays. CBOE proposes to make the market turner overlay available for
classes utilizing any of the priority methods offered by the Exchange.
The Exchange also proposes to amend the application of the modified
participation entitlement overlay. Under the proposal, a Market-Maker
that is the subject of a participation entitlement would only receive
an entitlement if the amount it is entitled to pursuant to the
participation entitlement is greater than the amount the Market-Maker
would otherwise receive pursuant to the algorithm. In all other cases,
the participation entitlement and public customer priority would not be
applied. This allocation would be subject to the following:
     The Market-Maker's entitlement share would be calculated
based on any remaining balance after all public customer orders at the
best price are satisfied. For options classes using the pro-rata
method, the Exchange may determine on a class-by-class basis to
calculate the Market-Maker's entitlement share using the UMA
methodology or the pro-rata methodology. For options classes using the
price-time method, the Market-Maker's entitlement share would be
calculated using the price-time methodology only.\6\
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    \6\ This modified participation entitlement overlay would only
be applicable to automatic executions and would not be applicable
for executions of incoming electronic orders initiated from PAR or
from electronic auctions. Instead, the original participation
entitlement parameters would be applied for PAR and electronic
auctions. In pro-rata classes where the UMA method is selected to
calculate the Market-Maker's modified participation entitlement
share, executions of incoming electronic orders initiated from PAR
and electronic auctions would be allocated using the UMA method.
Therefore, in such classes, the Market-Maker's original
participation entitlement share of a PAR or electronic auction
execution would be calculated using the UMA method.

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     When calculating the amount the Market-Maker would
otherwise receive pursuant to the operation of the algorithm, the
participation entitlement and public customer priority overlays would
not be considered. Instead the calculation would be based on a price-
time or pro-rata basis, as applicable, and subject to any other
applicable priority overlays, such as market turner priority.
    In addition, the Exchange proposes that the modified participation
entitlement overlay would be available to modify the application of the
small order participation entitlement.
    The Commission has carefully reviewed the proposed rule change and
finds that it is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange.\7\ In particular, the Commission finds that the proposed rule
change is consistent with Section 6(b)(5) of the Act,\8\ which
requires, among other things, that the rules of an exchange be designed
to promote just and equitable principles of trade, remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest; and are not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers; as well as Section 6(b)(8) of
the Act, which requires the rules of an exchange not to impose any
burden on competition not necessary or in furtherance of the Act.\9\
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    \7\ In approving this proposed rule change, the Commission has
considered the proposed Rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ 15 U.S.C. 78f(b)(8).
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    The Commission believes that the proposed rule change amending the
market turner and modified participation entitlement overlays is
consistent with the Act. All public customer orders at the best price
will continue to be satisfied before a participation entitlement will
be applied. If an entitlement is not applied, then the incoming order
will be allocated among all market participants using the underlying
matching algorithm--price-time or pro-rata--both of which the
Commission already has found consistent with the Act.\10\ In addition,
the Exchange's overlay determinations will be distributed via
regulatory circular. For these reasons, the Commission believes that
the proposed rule change is consistent with the Act.
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    \10\ See Securities Exchange Act Release No. 51822 (June 10,
2005), 70 FR 35321 (June 17, 2005) (Adopting CBOE Rule 6.45B).
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    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\11\ that the proposed rule change (SR-CBOE-2010-038), as modified
by Amendment No. 1, be, and hereby is, approved.
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    \11\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-15279 Filed 6-23-10; 8:45 am]
BILLING CODE 8010-01-P