[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)]
[Rules and Regulations]
[Pages 34405-34407]
[FR Doc No: 2017-15596]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0619]
RIN 1625-AA00

Safety Zone; Selfridge Air Show, Clinton River, Harrison
Township, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Clinton River in the vicinity of Harrison Township, MI.
This zone is intended to restrict and control movement of vessels in a
portion of the Clinton River. This zone is necessary to protect
spectators and vessels from potential hazards associated with the
Selfridge Air Show.

DATES: This temporary final rule is effective from 3:30 p.m. August 18,
2017 through 4:30 p.m. on August 20, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0619 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone<PHONE_NUMBER>, or email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The Coast Guard did not receive the
final details of this air show until there was insufficient time
remaining before the event to publish an NPRM. Delaying this action to
allow for public comment would be impracticable and contrary to the
public interest since immediate action is needed to ensure that the
zone is in effect to protect participants and public from potential
dangers during this event.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be impracticable and contrary to public
interest because immediate action is needed to protect persons and
vessels from the hazards associated with this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Detroit (COTP) has determined that an
aircraft aerial display proximate to a gathering of watercraft poses a
significant risk to public safety and property. Such hazards include
potential aircraft malfunctions, loud noise levels, and waterway
distractions. Therefore, the COTP is establishing a safety zone around
the event location to help minimize risks to safety of life and
property during this event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 3:30 p.m. on August 18,
2017, through 4:30 p.m. on August 20, 2017. The safety zone will
encompass all navigable waters of the Clinton River between the
following two lines extending from bank to bank: the first line is
drawn directly across the channel at position 42[deg]35.809' N.,
082[deg]50.083' W. (NAD 83); the second line, to the east, is drawn
directly across the channel at position 42[deg]35.863' N.,
082[deg]49.919' W. (NAD 83). No vessel or person will be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative.
    The COTP or his designated on-scene representative will notify the
public of the enforcement of this rule by all appropriate means,
including a Broadcast Notice to Mariners and Local Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') 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 13771 directs agencies to
control regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is
exempt from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will not be able to safely transit around this safety zone which will
impact a small designated area of the Clinton River from 3:30 p.m. on
August 18, 2017 through 4:30 p.m. on August 20, 2017. Moreover, the
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone and the rule allows vessels to seek
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    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 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
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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 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 rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone lasting an hour per day that will prohibit
entry within the .2 mile by .1 mile portion of the air show site. It is
categorically excluded under section 2.B.2, figure 2-1, paragraph 34(g)
of the Instruction. A Record of Environmental Consideration (REC)
supporting this determination is available in the docket where
indicated in the ADDRESSES section of this preamble.

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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T09-0619 to read as follows:

Sec.  165.T09-0619  Safety Zone; Selfridge Air Show; Harrison Township,
MI.

    (a) Location. The safety zone will encompass all navigable waters
of the Clinton River between the following two lines extending from
bank to bank: the first line is drawn directly across the channel at
position 42[deg]35.809' N., 082[deg]50.083' W. (NAD 83); the second
line, to the east, is drawn directly across the channel at position
42[deg]35.863' N., 082[deg]49.919' W. (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph
(a) of this section will be enforced from 3:30 p.m. through 4:30 p.m.
each day from August 18, 2017 through August 20, 2017.
    (c) Regulations. (1) No vessel or person may enter, transit
through, or anchor within the safety zone unless authorized by the
Captain of the Port Detroit, or his on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit or his on-scene
representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Detroit is any Coast Guard commissioned, warrant or petty officer or a
Federal, State, or local law enforcement officer designated by or
assisting the Captain of the Port Detroit to act on his behalf.
    (4) Vessel operators shall contact the Captain of the Port Detroit
or his on-scene representative to obtain permission to enter or operate
within the safety zone. The Captain of the Port Detroit or his on-scene
representative may be contacted via VHF Channel 16 or at<PHONE_NUMBER>.
Vessel operators given permission to enter or operate in the regulated
area must comply with all directions given to them by the Captain of
the Port Detroit or his on-scene representative.

    Dated: July 20, 2017.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2017-15596 Filed 7-24-17; 8:45 am]
 BILLING CODE 9110-04-P


Quality Assurance and Quality Control Summary Report

Assessing DQI Goals

The critical measurements for the natural weathering tests are total
arsenic, total chromium, and total copper concentrations. Data quality
indicator (DQI) goals for concentration in terms of accuracy, precision,
and completeness, as established in the QAPP for this project, are shown
in Table 4-1.

Table 4-1.	Data Quality Indicator Goals for Critical Measurements

Analyte	Method	Accuracy (%Recovery)	Precision (%RSD/RPD)	Completeness
(%)

Arsenic (total)	SW-846 Method 6020 (modified)	90-110	10	90

Chromium (total)	SW-846 Method 6020 (modified)	90-110	10	90

Copper (total)	SW-846 Method 6020 (modified)	90-110	10	90

After reviewing sample results, the DQI goals for precision and accuracy
have been revised for concentrations <10 µg/L. Acceptance criteria of
±25% RPD for precision between duplicates and 75-125% recovery for
accuracy will be used for concentrations <10 µg/L.

Precision

In order to evaluate the precision of a measurement, it is necessary to
make at least duplicate measurements of a relatively unchanging
parameter. Precision can then be expressed as the RPD of the duplicated
measurement. RPD is calculated using Equation 4.1, where Y1 is the
concentration of the first sample and Y2 is the concentration of the
duplicate sample.

 	(Equation 4.1)

A large number of blind field duplicates (wipe samples split following
extraction) were performed and delivered to the laboratory for analysis.
These duplicates were performed at a rate of 7% of the total number of
samples collected and provide an indication of the repeatability of the
analytical method. The DQI goal for precision was set at ±10% RPD. For
the majority of samples, agreement between field duplicates was very
good (i.e., the RPD was small). The DQI goal of ±10% was increased to
±25% for samples with concentrations <10 µg/L because smaller
differences in lower concentrations have a greater effect on RPD. With
the modification, there were still some cases where the DQI goal was
slightly exceeded. In only one set of duplicate samples was RPD >50% for
each analyte; this was the only sample set where the data was qualified
as estimated “J” due to the RPD. A summary of duplicate results is
shown in Table 4-2. Instances where these revised DQI goals were not met
are shown in bold. Completeness summaries for each metal using the
revised DQI goals are shown at the bottom of the table. Achieved
completeness was >80% for all three analytes, which did not meet the DQI
goal of 90% established in the QAPP. There are no acceptance criteria
given in the analytical method for agreement between duplicate samples.
A DQI goal of ±15% RPD may be more realistic for these types of
samples. If DQI goals of ±15% RPD, with ±25% RPD for duplicate
measurements where the mean was <10 µg/L, are used, completeness would
be greater than 90% for all three analytes. All data were used in the
analysis.

Accuracy and Bias

For this project, the accuracy of the measurement is expressed in terms
of recovery of a known spike. Recovery is calculated by Equation 4.2,
where R is the measured concentration and C is the spiked (i.e., target)
concentration.

 	(Equation 4.2)

Spiked samples were performed by the laboratory at a minimum of 3 of 4
concentration levels with the samples from each sampling event. Those
concentration levels were 10,000 µg/L, 1,000 µg/L, 50 µg/L and 1
µg/L. In addition to the laboratory spikes, ARCADIS/EPA provided 1000
µg/L spikes (in triplicate) and submitted these blind to the
laboratory. Spike results are summarized in Table 4-3. Results that do
not meet the DQI goals of 90-110% recovery are indicated in bold (with
the exception of the 1 µg/L spikes). The DQI recovery goal for the 1
µg/L spike sample was increased to 75-125% for the same reason the
precision DQI was increased, as discussed in Section 4.1.1. Completeness
was calculated  for each spiking level and each analyte and is shown at
the end of the summary for each spike level. Bias results generally
improve as the concentration of the spike level is increased, although
there were less spikes performed at the 10,000 µg/L level. In an effort
to improve completeness results, sample groups for the 15-, 20- and
24-month sampling events utilized a higher rate of spike samples than
did the preceding events.

Table 4-2.	Precision of Duplicate Samples

Sample/Duplicate (Group)	As (µg/L)	RPD	Cr (µg/L)	RPD	Cu (µg/L)	RPD

SS-859/626 (WIPE-05)	3.6/4.0	10.5	5.7/5.7	0	23/23	0

SS-860/633	490/490	0	690/690	0	190/190	0

SS-861/635	5.9/5.4	8.8	10/9.2	8.3	40/37	7.8

SS-862/647	300/270	10.5	390/370	5.3	190/180	5.4

SS-863/656	34/36	5.7	8.1/8.8	8.3	31/33	6.3

SS-864/666	73/74	1.4	17/18	5.7	40/40	0

SS-865/674	120/140	15.4	220/260	16.7	130/150	14.3

SS-866/687	150/150	0	260/260	0	180/180	0

SS-867/690	810/810	0	1700/1700	0	660/660	0

SS-868/700	83/83	0	120/120	0	74/73	1.4

SS-872/712 (WIPE-06)	72/81	11.8	120/140	15.4	87/98	11.9

SS-873/714	290/300	3.4	410/410	0	200/200	0

SS-874/718	58/56	3.5	27/26	3.8	71/69	2.9

SS-875/719	360/340	5.7	110/100	9.5	110/110	0

SS-876/720	190/190	0	210/210	0	140/150	6.9

SS-877/721	130/120	8	140/140	0	92/89	3.3

SS-878/724	460/440	4.4	150/150	0	160/150	6.5

SS-879/727	8.9/20	76.8	2.2/5.3	82.7	13/31	81.8

SS-880/730	5.1/5.1	0	5.0/5.2	3.9	59/59	0

SS-881/734	3.9/4.1	5	4.7/4.8	2.1	62/64	3.2

SS-886/837 (WIPE-07)	160/170	6.1	300/310	3.3	99/100	1

SS-887/849	69/69	0	46/45	2.2	73/71	2.8

SS-888/852	3/2.8	6.9	8.7/8.4	3.5	35/33	5.9

SS-885/824	1.7/1.7	0	2.6/2.6	0	51/53	3.8

SS-1274/1071 (WIPE-08)	880/890	1.1	1100/1100	0	190/190	0

SS-1275/1084	25/26	3.9	7.3/7.6	4	66/71	7.3

SS-1276/1090	200/200	0	240/250	4.1	110/110	0

SS-1277/1091	180/190	5.4	310/320	3.2	170/180	5.7

SS-1278/1107	150/150	0	140/140	0	220/230	4.4

SS-1279/1116	6/5.3	02.4	11/10	9.5	150/150	0

SS-1280/1126	130/130	0	150/160	6.5	280/300	6.9

SS-1281/1131	150/150	0	350/340	2.9	250/260	3.9

SS-1282/1149	530/530	0	830/840	1.2	390/400	2.5

SS-1283/1153	700/680	2.9	1100/1100	0	490/500	2

SS-1284/1160	<0.5/<0.5	0	<0.5/<0.5	0	1.5/1.8	18.2

SS-1285/1161	35/33	5.9	39/37	5.3	130/130	0

SS-1286/1171	8.3/7.9	4.9	13/12	8	140/140	0

SS-1287/1172	2.5/2.8	11.3	2.6/2.9	10.9	110/120	8.7

SS-1288/1173	2.5/2.6	3.9	8.3/8.3	0	170/180	5.7

SS-1289/1179	210/210	0	550/570	3.6	220/250	12.8

SS-1290/1180	<0.5/<0.5	0	0.95/0.84	12.3	2.3/2.9	23.1

SS-1291/1181	3.7/3.6	2.7	5.7/5.7	0	120/130	8

SS-1292/1208	39/37	5.3	55/54	1.8	93/93	0

SS-1293/1210	30/30	0	57/58	1.7	77/82	6.3

SS-1294/1215	19/19	0	17/16	6.1	120/120	0

SS-1295/1222	3/3	0	6.2/6.6	6.2	170/170	0

SS-1296/1223	180/190	5.4	290/310	6.7	140/140	0

SS-1297/1230	370/350	5.6	740/700	5.6	300/300	0

SS-1298/1234	120/110	8.7	230/220	4.4	160/150	6.5

SS-1299/1247	41/44	7.1	41/46	11.5	80/87	8.4

SS-1300/1258	18/17	5.7	13/12	8	110/100	9.5

SS-1587/1324 (WIPE-10)	9.2/8.0	14	15/13	14.3	90/81	10.5

SS-1588/1333	240/240	0	440/440	0	230/220	4.4

SS-1589/1344	53/48	9.9	27/24	11.8	100/91	9.4

SS-1590/1348	77/72	6.7	48/44	8.7	210/190	10

SS-1591/1352	150/140	6.9	30/26	14.3	41/36	13

SS-1592/1371	92/91	1.1	14/14	0	36/33	8.7

SS-1593/1376	140/140	0	41/39	5	81/72	11.8

SS-1594/1383	2300/2300	0	2700/2600	3.8	390/360	8

SS-1595/1386	12/11	8.7	11/9.2	17.8	72/67	7.2

SS-1596/1407	730/700	4.2	100/950	5.1	490/430	13

SS-1597/1415	100/98	2	160/160	0	140/130	7.4

SS-1598/1479	480/490	2.1	630/640	1.6	350/360	2.8

SS-1600/1487	77/73	5.3	170/160	6.1	150/140	6.9

SS-1601/1495	470/480	2.1	560/570	1.8	230/240	4.3

SS-1602/1502	450/490	8.5	1100/1260	13.6	420/460	9.1

SS-1603/1512	110/110	0	240/240	0	160/160	0

SS-1604/1514	31/29	6.7	87/81	7.1	190/180	5.4

SS-1605/1519	59/65	9.7	270/290	7.1	140/150	6.9

SS-1606/1529	99/100	1	22/22	0	32/33	3.1

SS-1607/1531	22/23	4.4	6.5/6.9	6	33/34	3

SS-1608/1534	2.6/2.4	8	5.3/5.0	5.8	83/82	1.2

SS-1609/1536	2.2/2.1	4.7	8.3/7.8	6.2	91/88	3.4

SS-1610/1540	<1.0/<1.0	0	<1.0/<1.0	0	2.4/3.0	22.2

SS-1611/1566	7.7/7.6	1.3	9.6/9.2	4.3	94/88	6.6

SS-1612/1568	130/120	8	49/43	13	140/120	15.4

SS-1613/1576	280/300	6.9	73/80	9.2	140/160	13.3

SS-1614/1578	56/54	3.6	57/56	1.8	170/160	6.1

WB-278/893 (WIPE-11)	8900/9400	5.5	8800/9100	3.4	5300/5300	0

WB-348/894	11000/9700	12.6	12000/9800	20.2	7500/6300	17.4

WB-353/895	6200/6000	3.3	7100/6600	7.3	4400/4000	9.5

WB-373/896	8500/8600	1.2	7800/8000	2.5	5500/5500	0

WB-383/897	8800/8600	2.3	8500/8300	2.4	4600/4400	4.4

WB-394/898	8900/10000	11.6	8500/9600	12.2	4900/5400	9.7

WB-409/899	600/600	0	680/680	0	410/380	7.6

WB-445/900	5300/5500	3.7	6700/6900	2.9	4500/4600	2.2

WB-445/901	7500/7700	2.6	7400/7700	4	4500/4600	2.2

WB-449/902	2200/2300	4.4	3000/3100	3.3	1600/1700	6.1

WB-443/903	11000/8400	26.8	11000/8100	30.4	7400/5400	31.3

WB-437/904	1800/1200	40	1900/1200	45.2	1300/860	40.7

WB-260/905	5400/3500	42.7	6600/6500	1.5	3600/5500	41.8

WB-196/906	4000/4300	7.2	5100/5400	5.7	2700/2700	0

WB-115/907	4900/4900	0	4800/4700	2.1	2800/2600	7.4

WB-118/908	5800/5200	10.9	7000/6000	15.4	4100/3400	18.7

WB-149/909	6600/6700	1.5	8400/8400	0	5200/6100	15.9

WB-173/910	5900/6500	9.7	7200/7700	6.7	4200/4300	2.4

WB-239/911	10000/9800	2	11000/10000	9.5	7000/6200	12.1

WB-255/912	12000/11000	8.7	13000/12000	8	7200/6200	14.9

WB-146/920 (WIPE-12)	130/91	35.3	140/95	38.3	110/77	35.3

WB-154/921	4200/4700	11.2	4800/5500	13.6	2900/3200	9.8

WB-215/922	5900/5000	16.5	6600/5600	16.4	3500/3000	15.4

SS-1884/1842 (WIPE-13)	30/28	6.9	14/14	0	29/27	7.1

SS-1885/1713	33/31	6.3	30/38	20.3	540/480	11.8

SS-1886/1727	72/78	8	120/130	8	340/370	8.5

SS-1887/1815	1300/1200	8	2200/2100	4.7	820/780	5

SS-1888/1851	590/520	12.6	1500/1300	14.3	1300/1100	16.7

SS-1889/1797	7.5/7.6	1.3	7.3/7.4	1.4	140/140	0

SS-1890/1671	870/760	13.5	1800/1700	5.7	650/610	6.3

SS-1891/1653	1000/940	6.2	1760/1600	9.5	950/940	1.1

SS-1892/1624	360/3440	5.7	420/460	9.1	260/250	3.9

SS-1893/1772	4000/3700	7.8	5600/5200	7.4	2200/2100	4.7

SS-1894/1749	85/75	12.5	120/110	8.7	170/180	5.7

SS-1895/1869	310/350	12.1	230/250	8.3	330/340	3

SS-1896/1882	140/140	0	270/290	7.1	330/340	3

SS-1897/1641	14/14	0	20/21	4.9	310/290	6.7

SS-2180/2062 (WIPE-14)	1070/1100	2.8	1040/1060	1.9	238/241	1.3

SS-2181/2145	621/648	4.3	516/554	7.1	465/492	5.6

SS-2182/2048	2120/2130	0.5	2480/2620	5.5	407/422	3.6

SS-2183/2148	23.7/23.6	0.4	13.7/15.6	13	246/252	2.4

SS-2184/2072	1.9/2.3	19	2.2/3.1	34	125/130	3.9

SS-2185/2026	16/17	6.1	18.3/18.6	1.6	350/355	1.4

SS-2186/2136	1.2/2.5	70.3	2.6/2.9	10.9	110/118	7.0

SS-2187/2028	461/462	0.2	287/290	1	130/128	1.6

SS-2188/1978	5750/6100	5.9	6620/6660	0.6	727/726	0.1

SS-2189/1930	152/156	2.6	188/199	5.7	92.7/95.9	3.4

SS-2458/2219 (WIPE-2700)	5.7/6.3	10	4.4/4.4	0	46/49	6.3

SS-2459/2250	8.2/7.6	7.6	23/20	14	350/320	9

SS-2460/2291	29/28	3.5	27/26	3.8	340/330	3

SS-2461/2329	690/670	2.6	1100/1000	9.5	880/820	7.1

SS-2462/2378	6.2/7	12.1	17/20	16.2	240/270	11.8

SS-2463/2382	450/410	9.3	510/450	12.5	480/420	11.8

SS-2464/2409	1/1	0	1.6/1.8	11.8	60/63	4.9

SS-2465/2412	1/1	0	1.9/1.7	11.1	69/66	4.4

SS-2466/2426	2000/2000	0	2100/2100	0	510/520	1.9

SS-2467/2445	310/290	6.7	220/210	4.7	130/120	8

SS-2750/2478 (WIPE-7269)	3100/3000	3.3	3900/3500	10.8	1300/1300	0

SS-2752/2518	210/230	9.1	220/220	0	200/200	0

SS-2753/2692	17/17	0	17/17	0	280/290	3.5

SS-2754/2575	2800/2800	0	3000/2800	6.9	1200/1200	0

SS-2756/2546	11/12	8.7	5.8/5.6	3.5	56/56	0

SS-2758/2576	1500/1500	0	2200/2100	4.7	1900/1900	0

SS-2760/2608	16/16	0	29/30	3.4	410/430	4.8

SS-2761/2716	540/540	0	1200/1200	0	880/890	1.1

SS-2762/2644	220/250	12.8	406/520	12.2	630/700	10.5

SS-2764/2668	2400/2800	15.4	2900/3400	15.9	950/1100	14.6

Completeness

Using DQI of ±10%

Using DQI of ±15%

124/145 = 85.5%

136/145= 93.8%

117/145 = 80.7%

131/145= 90.3%

119/145 = 82.1%

134/145= 92.4%

Table 4-3.	Spike Results

Analytical Group	Arsenic	Chromium	Copper

	Obtained	%Recovery	Obtained	%Recovery	Obtained	%Recovery

10,000 µg/L Spike Level (DQI Goal 90-110%)

WIPE-10	9700	97	10000	100	9700	97

WIPE-13	10000	100	12000	120	10000	100

WIPE-14	10000	100	11200	112	10000	100

WIPE-14 (duplicate)	10000	100	11200	112	10100	101

WIPE-2700	8700	87	8900	89	8900	89

WIPE-2700 (duplicate)	9500	95	9800	98	9900	99

WIPE-7269	8800	88	9100	91	9200	92

WIPE-7269 (duplicate)	9400	94	10000	100	9900	99

Completeness	75%

50%

87.5%

1,000 µg/L Spike Level (DQI Goal 90-110%)

WIPE-05	1100	110	1000	100	980	98

WIPE-06	1000	100	980	98	920	92

WIPE-07	1100	110	1000	100	950	95

WIPE-08	980	98	1000	100	980	98

WIPE-08*	970	97	1000	100	970	97

WIPE-08*	940	94	1000	100	950	95

WIPE-08*	980	98	1000	100	970	97

WIPE 11	1100	110	1000	100	930	93

WIPE-11 (duplicate)	1100	110	1000	100	980	98

WIPE-12	1100	110	990	99	970	97

WIPE-13	1000	100	1100	110	990	99

WIPE-14	1070	107	1130	113	1060	106

WIPE-14 (duplicate)	874	87	1120	112	1020	102

WIPE-2700	980	98	990	99	970	97

WIPE-2700 (duplicate)	970	97	990	99	980	98

WIPE-7269	930	93	920	92	920	92

WIPE-7269 (duplicate)	940	94	920	92	920	92

Completeness	94%

88%

100%

50 µg/L Spike Level (DQI Goal 90-110%)

WIPE-05	50	100	52	104	49	98

WIPE-06	58	116	52	104	51	102

WIPE-07	45	90	47	94	43	114

WIPE-08	46	92	50	100	47	94

WIPE-10	52	104	49	98	48	96

WIPE 11	51	102	53	106	51	102

WIPE-11 (duplicate)	54	108	51	102	50	100

WIPE-12	54	108	52	104	50	100

WIPE-13	64	128	57	114	59	118

*WIPE-14	5	10	8.3	17	6.3	13

WIPE-14 (duplicate)	46.7	93	54.5	109	52.1	104

WIPE-2700	55	110	57	114	58	116

WIPE-2700 (duplicate)	50	100	51	102	51	102

Completeness	83.3%

83.3%

75.0%

1 µg/L Spike Level (DQI Goal 75-125%)

WIPE-05	2.3	230	3.4	340	4.6	460

WIPE-06	0.95	95	0.9	90	1.2	120

WIPE-07	0.97	97	0.84	84	1.3	130

WIPE-08	1.0	100	1.0	100	1.2	120

WIPE-10	1.1	110	<1.0	100	<1.0	100

WIPE 11	1.2	120	1.1	110	1.2	120

WIPE-11 (duplicate)	0.5	50	0.5	50	0.5	50

WIPE-12	1.1	110	0.96	96	1.3	130

WIPE-13	1.3	130	1.0	100	1.0	100

WIPE-14	<1.0	100	<1.0	100	2.5	280

WIPE-14 (duplicate)	1.3	130	3	300	2.7	270

WIPE-2700	1	100	1	100	1	100

WIPE-2700 (duplicate)	1	100	1	100	1	100

Completeness	69.2%

76.9%

53.8%

* This sample was incorrectly spiked and thus not used in the
determination of completeness.

Completeness

The ratio of the number of data points taken that met DQI goals to the
total number of data points planned is defined as data completeness.
Completeness goals of >90% were not achieved for a number of
measurements. These are summarized in Tables 4-2 and 4-3. Data results
suggest that the DQI goal of ±10% for precision between duplicates may
have been too ambitious. There is no specific acceptance criteria given
in the analytical method for precision between duplicate samples. If the
DQI goal were slightly increased to 15% RPD, completeness goals would
have been met for all metals. Also, the analytical method cites
acceptance criteria for recovery of spiked blanks as 85-115% which is
slightly higher than the DQI goal of 90-110%. Using this criteria,
completeness of accuracy results would improve. DQI goals should be
reviewed and revised as appropriate for future studies.

Quality Control Checks

A variety of control samples were taken as described in Section 4.1-4.4
of the QAPP (Appendix A) and Section 2.13.4 of this report. Results from
the checks are described in the following subsections.

Blanks during Sampling Events

During actual sampling events, two types of blank samples were submitted
by ARCADIS/EPA to the laboratory for analysis. Blind field blanks were
submitted at a frequency of one every 20 samples and consisted of the
extraction fluid from a clean wipe (i.e., not wiped across a board).
Reagent blanks were also submitted at a frequency of one per sample
delivery group and consisted of an aliquot of the nitric acid reagent
used for extracting samples. The majority of results from the blind
field blank samples resulted in non-detects for each metal of interest.
When there were detects (>1µg/L), concentrations were always < 10 µg/L
and always less than the action levels. In some cases, samples with
reported concentrations of the metals less than the action level
associated with these field blanks were qualified as not detected and
flagged “U”. These results are summarized in the individual
validation reports included in Appendix R. None of the metals of
interest were detected in any of the reagent blanks submitted to the
laboratory for analysis. No blank corrections were performed on reported
sample concentrations.

Laboratory Control Samples

A series of laboratory control samples were analyzed with each batch of
samples as defined by the analytical method (EPA Method 200.8). Internal
laboratory QC checks included laboratory reagent blanks at a frequency
of one every 20 samples, laboratory fortified blanks at a frequency of
one per batch and post-digestion spikes which were performed at a
frequency of one every 10 samples. Results of laboratory control samples
were summarized in the analytical reports and also in the internal
validations performed by ARCADIS/EPA. Failure to meet acceptance
criteria resulted in data flagged as estimated “J”, or non-detects,
“U”.

Data Validation Summary

The subcontract laboratory was required to submit calibration and QC
data along with each data package. All data packages received by
ARCADIS/EPA were internally validated by a qualified staff scientist
according to the QA/QC criteria set forth in the U.S. EPA Contract
Laboratory Program National Functional Guidelines for Inorganic Data
Review, July 2002 (NFG). When parameters called out in the NFG were
different from those established in the QAPP or the analytical method
(EPA Method 200.8), the more stringent criteria were used. Validation
reports were prepared for each sample delivery group and the reported
data were qualified as appropriate. These reports are included in
Appendix R.

Deviations from the QAPP

Deviations from the original QAPP and the reasons or justification for
them are listed below:

Laboratory cites use of Method 200.8-Determination of Trace Elements in
Waters and Wastes by Inductively Coupled Plasma/Mass Spectrometry
instead of SW-846 Method 6020 as referenced in the QAPP. Method 200.8 is
a more detailed and specific method than 6020 and there are no technical
differences between the two.

Field blanks at a rate of 5% were not included in the first two batches
of samples sent to the laboratory as stated in the QAPP Section 4.4.
This was a mistake by the sampling team. Subsequent batches contained
the appropriate number (or more) of field blanks. Based on the results
of subsequent field blanks, it is not believed that the first batches of
samples were compromised due to insufficient number for field blanks.

Blind spiked samples were not submitted to the laboratory at the
frequency described in Section 4.4 of the QAPP. Only one set of
triplicate spikes at 1,000 µg/L were submitted. There are a number of
laboratory control samples required by the method that are performed
with each batch. It was determined that one set of blind spiked samples
was sufficient.

The laboratory performed post-digestion spikes at a 10% frequency, but
did not do standard matrix spikes and matrix spike duplicates, since
ARCADIS/EPA did the sample extraction and digestion.

The wash technique used to prequalify the coating brushes (described in
Section 2.6) was slightly different than that specified in the QAPP.
Specifically, the brushes were washed in 40 ml of DI water instead of
200 ml. Additionally, the wash water was digested in a manner similar to
that used for preparing wipe samples for analysis. The QAPP did not
specify any digestion of the wash water.

The technique used to digest raw coating samples (described in Section
2.10) was modified slightly as follows:

Hydrofluoric acid was used to digest the coatings in addition to the
nitric acid.

The HF had to be neutralized before analysis using boric acid.

Samples were brought up to 100 ml volume with 10% nitric before
analysis.

Wood moisture content was not measured during the wipe events, because
of concerns about damaging and compromising coatings using the wood
moisture probe.

Audits

The ARCADIS QA Officer performed an internal technical systems audit on
the sampling portion of this project on September 10 and 11, 2003. The
following findings were reported to the ARCADIS Work Assignment (WA)
Manager. All problems found during the audit were corrected the same
day.

Sampling staff were not wearing gloves on the first day of sampling.
Corrective actions were taken and for all subsequent sampling the
sampling staff used double gloves and changed the outer pair after each
sample was taken.

Sampling apparatus was not being decontaminated after each board.
Corrective action was implemented that apparatus would be wiped down
after each board using wipes wetted with DI water.

There were some initial problems with the wipe staying on the apparatus
when wiping boards with a rough surface. The corrective action taken was
to orient the wipe such that corners are facing board when wiping, which
helps the wipe stay in place.

In addition to the systems audit, three blind audit samples were
submitted to STL for analysis. Results from these samples were presented
in Table 2-20 and met all DQI goals.

An audit of data quality was performed on the information contained in
the database through Sampling Event #4 (July 2004). Database data was
checked for accuracy by comparing entries with raw data sheets, project
notebooks and laboratory reports. The ARCADIS QA Officer performed this
audit by randomly selecting samples representing approximately 10% of
the total number of entries contained in the database. The following
parameters were verified for 77 randomly selected specimens:

Specimen label

Board label

Minideck label

Specimen type

Date sampled

Date analyzed

Lab sample ID

Laboratory batch number

Arsenic concentration

Chromium concentration

Copper concentration

Core wood analysis results (when applicable)

Moisture content

Baseline arsenic, chromium and copper

Coating ID

In addition to the 77 samples randomly selected, 100% of the data
recorded for coating volume and coating mass for each minideck was
recalculated. Any discrepancies were immediately reported to the ARCADIS
work assignment leader (WAL) and database manager (Krich Ratanaphruks)
and corrected. An internal report was submitted to the ARCADIS WAL. The
following findings were cited:

Specimen A-BG-BL6 in database should actually be A-L-BL5. All other
information related to this sample is correct.

There is no baseline data for A-BG-M4 contained in the database.

In the file Baseline Samples-ver5.xls for sample C-BO, there are two BL4
entries. One should be BL5.

The concentration in the database for C-BT-M2 is an average of BL3 and
Bl4 and should be an average of BL2 and BL3.

There were discrepancies (affecting approximately 20%) in the way
moisture averages were calculated. The same logic was not applied to
every specimen.

There were numerous errors made in volume (affecting approximately 30%)
and weight (affecting approximately 15%) calculations for initial
coating of minidecks. Errors were caused by mistakes in subtraction and
difficulty reading handwriting in notebooks. For this reason, 100% of
the information was recalculated using the information documented on
original data sheets and in the project notebook. Corrected values were
submitted to the Database Manager.

The majority of these findings were minor and corrected in the database
immediately. As a result of the audit findings, a new column for
moisture data for each specimen was added to the database that is an
average of all measurements made for the entire board. This method of
calculating moisture eliminates having to determine which two moisture
measurements to use in the average to apply to each specimen. No
systematic corrective actions were implemented for the coating volume
and mass finding because these measurements will not be performed again
unless new minidecks are prepared. In the event new coatings are
evaluated, changes in how volumes and weights are recorded will be
implemented.

An EPA audit was performed November 18 through 30, 2004 at the time of
the collection and processing of the 15-month samples. The findings of
this audit state that the auditor observed no deviations from the QAPP.
Minor comments of the auditor have been incorporated into appropriate
sections of this report.

Other Data Corrections

Several other corrections to the dataset (via the database) were made
over the course of the study as errors were discovered. Nearly all of
the corrections were to address minor data entry errors that were easily
identified, confirmed and corrected. Most commonly, these involved the
transposition of a letter in the PSA ID; for example, typing in A-AF-M1
instead of A-F-M1. These types of errors were easily identified by
cross-referencing the minideck ID versus the list of specimens on each
minideck (i.e., using Table 2-7).

To further check the dataset and identify suspected errors, a number of
checks were used:

The database output was sorted in several ways to ensure that the
expected number of samples for each specimen were represented.

Several quantitative measures (e.g., averages and standard deviations
for each coating) were used to confirm that the database data was
entered into the statistical model properly.

The Baseline and each time series dataset was manually reviewed to
identify inconsistencies or transpositions of data.

Summary statistics and plots were scrutinized for unusual or outlier
datapoints.

One datapoint strongly suspected to be in error was changed. It was the
sampling event #3 (time = 7 month) sample for specimen C-BX-M1 on
minideck 7-B. The reported data for this PSA sample showed a two-log
reduction in DA as compared with all of the other sampling events for
this sample, both pre- and post-event #3. Upon comparison with the raw
data, a peculiarity was noted with the next sample taken during event #3
which was from an untreated control board also on minideck 7-B. The
reported results for this sample showed unusually high DA. This evidence
indicates that the labeling of these two samples (C-BX-M1 and the
untreated control for 7-B) got mixed up, although we were unable to
determine how, when or where the error occurred (e.g., lab versus
field). Nevertheless, the circumstantial evidence suggesting such an
error was so strong that the two results were swapped.


[Federal Register: September 9, 2010 (Volume 75, Number 174)]
[Notices]
[Page 54940-54941]
[DOCID:fr09se10-132]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0270]

Agency Information Collection (IC) Activities; Revision of an
Approved IC; Accident Recordkeeping Requirements

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

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to request that the Office of Management and Budget
(OMB) approve revision of the Information Collection (IC) entitled,
``Accident Recordkeeping Requirements,'' because FMCSA has obtained
more accurate data upon which to base calculation of the paperwork
burden of this IC. The FMCSA invites public comment.

DATES: We must receive your comments on or before November 8, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket Number FMCSA-2010-0270 by any of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
    Instructions: Each submission must include the Agency name and the
docket number for this Notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the FDMS to read background documents or
comments, go to http://www.regulations.gov at any time or to Room W12-
140 on the ground level of the West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m., e.t. Monday
through Friday, except Federal holidays. The FDMS is available 24 hours
each day, 365 days each year. We will acknowledge receipt of your
written comments if you include a self-addressed, stamped envelope or
postcard. Your on-line comments are acknowledged by a printable
confirmation message that appears immediately after you submit them on-
line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets, by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement for the Federal
Docket Management System published in the Federal Register on January
17, 2008 (73 FR 3316). This information is also available at http://
edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001. Telephone:<PHONE_NUMBER>.
E-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520),
Federal agencies must obtain approval from OMB for each IC they
conduct, sponsor, or require through regulations. FMCSA has determined
that it needs to revise the currently-approved estimate for OMB Control
No. 2126-0009, ``Accident Recordkeeping Requirements.'' The regulation
underlying this IC is 49 CFR 390.15, ``Assistance in investigations and
special studies.'' It requires motor carriers to make all records and
information pertaining to specified accidents available to an
authorized representative or special agent of the FMCSA upon request,
or as part of an inquiry. Interstate motor carriers are required to
maintain an Accident Register consisting of specified information about
each accident involving their commercial motor vehicles. The
information for each accident must include, at a minimum, the following
elements: Date of

accident, city or town in which or most near where the accident
occurred, the State in which the accident occurred, driver name, number
of injuries, number of fatalities, and whether hazardous materials,
other than fuel spilled from the fuel tanks of motor vehicles involved
in the accident, were released. In addition, the register must contain
copies of all accident reports required by State or other governmental
entities or insurers. Motor carriers must maintain the required
information in the Accident Register for 3 years after the date of the
accident.
    This IC strengthens FMCSA's ability to assess motor carrier safety
performance. These assessments enable FMCSA to direct its enforcement
resources to the motor carriers with the weakest safety records,
helping those carriers prevent accidents and reduce their severity.
    On February 8, 2008, OMB approved FMCSA's estimate for this IC of
32,040 annual burden hours and established an expiration date for this
IC of February 28, 2011. Today FMCSA announces its plan to request that
OMB approve revision of this estimate to 22,500 annual burden hours.
    Title: Accident Recordkeeping Requirements.
    OMB Control Number: 2126-0009.
    Type of Request: Revision of an ICR.
    Respondents: Motor carriers engaged in interstate commerce.
    Estimated Number of Respondents: 500,000.
    Estimated Number of Responses: 75,000.
    Estimated Time per Response: 18 minutes.
    Frequency of Response: On occasion.
    Expiration Date: February 28, 2011.
    Estimated Total Annual Burden: 22,500 hours.
    Improved FMCSA accident data provides a more accurate estimate of
the total responses to this information collection each year: 75,000.
The Agency's previous estimate was 106,800 responses. FMCSA retains its
prior estimate that a motor carrier requires approximately 18 minutes,
on average, to complete the tasks necessary to comply with Sec.
390.15, i.e., collecting the required information about the accident,
entering it into the Accident Register and maintaining it and other
documents required by Sec.  390.15. Therefore, the annual burden hours
for all motor carriers is 22,500 hours (rounded) (75,000 responses x 18
minutes each divided by 60 minutes per hour).
    Definitions: Each of these definitions can be found at 49 CFR
390.5: ``Motor carrier'': Any person engaged in a business affecting
interstate commerce who owns or leases a commercial motor vehicle in
connection with that business, or assigns employees to operate it.
``Commercial motor vehicle'': A self-propelled or towed vehicle used on
the highways in interstate commerce to transport passengers or
property, if the vehicle--(1) Has a gross vehicle weight rating or
gross combination weight rating, or gross vehicle weight or gross
combination weight of 10,001 pounds, whichever is greater; or (2) Is
designed or used to transport more than 8 passengers (including the
driver) for compensation; or (3) Is designed or used to transport more
than 15 passengers, including the driver, and is not used to transport
passengers for compensation; or (4) Is used in transporting material
found by the Secretary of Transportation to be hazardous under section
5103 of title 49, United States Code, and transported in a quantity
requiring placarding under regulations prescribed by the Secretary
under section 5103. ``Accident'': An occurrence involving a Commercial
motor vehicle operating on a highway in interstate or intrastate
commerce which results in: (i) A fatality; (ii) bodily injury to a
person who, as a result of the injury, receives medical treatment away
from the scene of the accident; or (iii) one or more motor vehicles
incurring disabling damage as a result of the accident, requiring the
motor vehicle(s) to be transported away from the scene by a tow truck
or other motor vehicle. The term ``accident'' does not include: (i) An
occurrence involving only boarding or alighting from a stationary motor
vehicle or (ii) An occurrence involving only the loading or unloading
of cargo.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information. The Agency will summarize or include your
comments in the request for OMB's clearance of this information
collection.

    Issued on: September 2, 2010.
Kelly Leone,
Office Director for Information Technology.
[FR Doc. 2010-22456 Filed 9-8-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)]
[Notices]
[Pages 15439-15441]
[FR Doc No: 2018-07239]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82988; File No. SR-GEMX-2018-11]

Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Chapter IV
of the Exchange's Schedule of Fees

April 4, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934

(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 22, 2018, Nasdaq GEMX, LLC (``GEMX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Chapter IV of the Exchange's
Schedule of Fees, as described below.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqgemx.cchwallstreet.com/, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Chapter IV of its Schedule of Fees
to harmonize it with the rules of Nasdaq BX, Inc. (``BX'').
    The amendments eliminate or replace certain obsolete language in
the Schedule of Fees. Specifically, the Exchange proposes to amend
Chapter IV.F.2, under the heading ``Market Data Connectivity,'' to re-
categorize and to update references to the CBOE/Bats/Direct Edge data
feeds to reflect their current names. Similarly, the Exchange proposes
to delete a $1,000 installation fee that presently applies to the
Direct Edge feeds because the Direct Edge feeds are now offerings of
CBOE, along with the BZX and BYX feeds. Going forward, a single, one-
time $1,000 installation fee will apply to subscribers to any or all of
the CBOE data feeds. The Exchange notes that this proposal will render
this paragraph of Chapter IV.F.2 consistent with BX Rule 7034. The
Exchange also proposes to correct a typographical error in the name of
the TSXV Level 2 Feed.
    The proposal adds a footnote to the first line of Chapter IV.F,
which was mistakenly omitted from the Schedule of Fees, which states
that the co-location services described therein are provided by Nasdaq
Technology Services LLC.
    The Exchange also proposes to correct a typographical error in the
numbering of the subsection of Chapter IV entitled ``Exchange Testing
Facilities.'' The proposal changes the lettering of this subsection
from ``I.'' to ``J.''
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\3\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\4\ in particular, in that it is designed to promote
just and equitable principles of trade, to 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.
The Exchange believes that its proposal to update Chapter IV.F.2 will
serve the interests of the public and investors by ensuring that the
Exchange's Rules are accurate and current with respect to the names of
the third party data feeds to which it offers connectivity.
Furthermore, the Exchange believes that it is in the public interest to
correct typographical errors that could otherwise lead to confusion.
These proposals will not impact competition or limit access to or
availability of the Exchange or its systems. The Exchange notes the
proposal is noncontroversial because BX has made the same changes to
its rules.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange's proposal to eliminate the $1,000 installation fee
that presently applies to the Direct Edge feeds is consistent with
Section 6(b) of the Act,\5\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\6\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers. The proposal is reasonable
because the Direct Edge feeds are now offerings of CBOE, along with the
BZX and BYX feeds. The Exchange believes it is equitable, going
forward, to charge a single, one-time $1,000 installation fee to
subscribers to any or all of the CBOE data feeds, including the BZX
Depth, BYX Depth, EDGA Depth, and EDGX Depth feeds. This proposal is
not unfairly discriminatory because it will apply to all similarly
situated customers of the CBOE data feeds.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
    In this instance, the proposed changes merely replace obsolete
text, update references to data feeds, and correct typographical
errors. The Exchange does not intend for or expect that such changes
will have any impact on competition.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \9\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \10\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the

public interest. The Exchange has requested that the Commission waive
the 30-day operative delay so that the proposed rule change may become
operative upon filing. Waiver of the operative delay would allow the
Exchange to update its rules without delay to reflect current and
accurate information with respect to the third party data feeds to
which it offers connectivity and to correct typographical errors. The
Commission also notes that BX recently made similar changes to its
rules.\11\ Therefore, the Commission believes that waiver of the 30-day
operative delay is consistent with the protection of investors and the
public interest. Accordingly, the Commission hereby waives the
operative delay and designates the proposed rule change operative upon
filing.\12\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ See Securities Exchange Act Release No. 82628 (February 5,
2018), 83 FR 5818 (February 9, 2018) (SR-BX-2018-006).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-GEMX-2018-11 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-GEMX-2018-11. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-GEMX-2018-11, and should be submitted on
or before May 1, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-07239 Filed 4-9-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: February 17, 2009 (Volume 74, Number 30)]
[Notices]
[Page 7542-7543]
[DOCID:fr17fe09-184]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Application for Special
Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of special permits from the Department of
Transportations Hazardous Material Regulations (49 CFR Part 107,
Subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. Each
mode of transportation for which a particular special permit is
requested is indicated by a number in the ``Nature of Application
portion of the table below as follows: 1--Motor vehicle, 2--Rail
freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--Passenger-carrying
aircraft.

DATES: Comments must be received on or before March 19, 2009.
    Address Comments To: Record Center, Pipeline and Hazardous
Materials SafetyAdministration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-

addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue, SE., Washington DC or at http://dms.dot.gov.
    This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law(49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on February 9, 2009.
Delmer F. Billings,
Director, Office of Hazardous Materials, Special Permits and Approvals.

----------------------------------------------------------------------------------------------------------------
                                                                           Regulation(s)     Nature of special
        Application No.              Docket No.           Applicant          affected         permits thereof
----------------------------------------------------------------------------------------------------------------
                                               NEW SPECIAL PERMITS
----------------------------------------------------------------------------------------------------------------
14803-N.......................  ....................  Beijing China      49 CFR 173.302a   To authorize the
                                                       Tank Industry      and 180.205.      manufacture,
                                                       Co., Ltd.                            marking, sale, and
                                                       Beijing.                             use of non-DOT
                                                                                specification fully
                                                                                wrapped carbon-fiber
                                                                                reinforced aluminum
                                                                                lined cylinders.
                                                                                (modes 1, 2, 3, 4,
                                                                                5).
14808-N.......................  ....................  Amtrol, Inc. West  49 CFR            To allow the
                                                       Warwick, RI.       178.51(b),(f)(1   manufacture,
                                                                          ) and (2) and     marking, sale and
                                                                          (g).              use of a non-DOT
                                                                                specification
                                                                                cylinder, similar to
                                                                                a DOT 4BA. (modes 1,
                                                                                2, 3, 4, 5).
14809-N.......................  ....................  Toyota Motor       49 CFR 173.159..  To authorize the
                                                       Sales, U.S.A.,                       transportation in
                                                       Inc. Torrance,                       commerce of wet acid
                                                       CA.                                  batteries with
                                                                                certain other
                                                                                hazardous materials
                                                                                without voiding the
                                                                                exception in 49 CFR
                                                                                173.159(e). (mode
                                                                                1).
14810-N.......................  ....................  Olin Corporation,  49 CFR            To authorize the
                                                       Chlor Alkai        173.31(b)(2)      transportation in
                                                       Products           and 179.15.       commerce of sodium
                                                       Division                             hydroxide solution
                                                       Cleveland, TN.                       and/or potassium
                                                                                hydroxide solution
                                                                                in DOT Specification
                                                                                tank cars that do
                                                                                not have pressure
                                                                                relief devices.
                                                                                (mode 2).
----------------------------------------------------------------------------------------------------------------

 [FR Doc. E9-3093 Filed 2-13-09; 8:45 am]

BILLING CODE 4909-60-M


[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Rules and Regulations]
[Pages 90958-90961]
[FR Doc No: 2016-30038]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9509; Directorate Identifier 2016-NM-177-AD;
Amendment 39-18750; AD 2016-25-24]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Model A319, A320, and A321 series airplanes. This AD requires
repetitive general visual inspections for broken battery retaining rods
and replacement if necessary. We are issuing this AD to address the
unsafe condition on these products.

DATES: This AD becomes effective January 3, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 3,
2017.
    We must receive comments on this AD by January 30, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5
61 93 44 51; email<EMAIL_ADDRESS>Internet: http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9509.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9509; 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 AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations office
(telephone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

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

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2016-0204, dated October 13, 2016; corrected October 19, 2016 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''); to correct an unsafe condition for certain Airbus Model
A319, A320, and A321 series airplanes. The MCAI states:

    Several occurrences have been reported of battery [retaining]
rod failures on certain Airbus aeroplanes. Subsequent examination of
broken [battery retaining] rod parts determined that these failures
were due to quality defects of the material used during parts
manufacturing. Each battery is secured on an aeroplane by two
[battery retaining] rods. Failure of one rod, in case of severe
turbulence during flight or hard landing, could lead to battery
displacement, or roll on the remaining rod side, up to a point where
the remaining rod could be disengaged. The battery could ultimately
detach from its housing and damage relays, connectors, contactor
boxes, air ducts and surrounding structure.
    This condition, if not detected and corrected, could lead to the
loss of the normal electrical generation not followed by an
automatic recovery of essential network.
    To address this potential unsafe condition, Airbus issued Alert
Operators Transmission (AOT) A92N001-16 (later revised) to provide
instructions for inspection and replacement of battery [retaining]
rods.
    For the reason described above, this [EASA] AD requires
repetitive general visual inspections (GVI) of the four battery
[retaining] rods (two per battery), and, in case of findings,
replacement of [broken] battery [retaining] rods.
    Pending the outcome of the on-going investigation, this [EASA]
AD is considered an interim action and further [EASA] AD action may
follow.
    This [EASA] AD is republished to add two missing models to the
applicability (the respective MSN were already listed in the
original [EASA] AD) and to correct the battery [retaining] rod Part
Number (P/N).

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9509.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Alert Operators Transmission (AOT) A92N001-16,
Rev 01, dated October 10, 2016. The service information describes
procedures for general visual inspections to look for broken battery
retaining rods. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section.

Differences Between This AD and the MCAI or Service Information

    The MCAI specifies to replace broken rods in accordance with Airbus
AOT A92N001-16, Rev 01, dated October 10, 2016. However, Airbus AOT
A92N001-16, Rev 01, dated October 10, 2016, does not include procedures
to replace broken rods. This AD requires that broken rods be replaced
using a method approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; or EASA; or Airbus's EASA Design
Organization Approval (DOA).

FAA's Determination and Requirements of This 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 issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because the
detachment of a battery from the housing and damage to other electrical
equipment and surrounding structure could lead to loss of normal
electrical power generation and recovery of essential network and
consequential control of the airplane. Therefore, we determined that
notice and opportunity for public comment before issuing this AD are
impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2016-9509; Directorate
Identifier 2016-NM-177-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this 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 AD.

Costs of Compliance

    We estimate that this AD affects 330 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.........................  1 work-hour x $85 per hour               $0             $85         $28,050
                                      = $185.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                       Labor cost           Parts cost             Cost per product
----------------------------------------------------------------------------------------------------------------
Replace Battery Rod..............  1 work-hour x $85 per              \1\ $0  $85 per battery rod.
                                    hour = $85 per battery
                                    rod.
----------------------------------------------------------------------------------------------------------------
\1\ Parts costs are not available from the manufacturer.

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2016-25-24 Airbus: Amendment 39-18750; Docket No. FAA-2016-9509;
Directorate Identifier 2016-NM-177-AD.

(a) Effective Date

    This AD becomes effective January 3, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A319-111, A319-112, A319-113,
A319-114, A319-115, A319-131, A319-132, A319-133, A320-211, A320-
212, A320-214, A320-231, A320-232, A320-233, A320-251N, A320-271N,
A321-111, A321-112, A321-131, A321-211, A321-212, A321-213, A321-
231, and A321-232 airplanes, certificated in any category,
manufacturer serial numbers (MSN) 5182, 5295, 5327, 5406, 5470,
5545, 5650, 5656, 5664, 5671, 5679, 5685, 5690, 5700, 5701, 5711,
5717, 5722, 5725, 5731, 5732, 5734, 5738, 5740, 5742, 5744, 5746,
5748, 5750 through 5752 inclusive, 5754 through 5756 inclusive, 5758
through 5760 inclusive, 5762, 5763, 5765 through 6100 inclusive,
6102 through 6285 inclusive, 6287 through 6418 inclusive, 6420
through 6463 inclusive, 6465 through 6619 inclusive, 6621 through
6641 inclusive, 6643 through 6672 inclusive, 6674 through 6719
inclusive, 6721 through 6771 inclusive, 6773 through 6828 inclusive,
6830 through 6832 inclusive, 6834 through 6838 inclusive, 6840
through 6867 inclusive, 6869 through 6903 inclusive, 6905, 6906,
6908 through 6913 inclusive, 6915 through 6919 inclusive, 6921
through 6944 inclusive, 6947 through 6951 inclusive, 6953 through
6966 inclusive, 6968 through 6972 inclusive, 6974, 6976 through 6992
inclusive, 6994 through 7000 inclusive, 7002 through 7010 inclusive,
7012, 7014 through 7032 inclusive, 7034 through 7045 inclusive, 7047
through 7050 inclusive, 7052, 7054 through 7059 inclusive, 7061
through 7071 inclusive, 7073 through 7078 inclusive, 7080, 7081,
7084 through 7093 inclusive, 7095 through 7098 inclusive, 7100,
7101, 7104, 7105, 7108 through 7110 inclusive, 7112 through 7121
inclusive, 7123, 7125, 7127, 7128, 7130, 7132, 7133, 7135, 7136,
7138 through 7140 inclusive, 7142 through 7146 inclusive, 7148,
7149, 7152 through 7156 inclusive, 7158, 7160, 7161, 7163 through
7167 inclusive, 7169 through 7171 inclusive, 7173, 7174, 7176, 7177,
7179, 7180, 7182 through 7184 inclusive, 7187, 7189, 7191, 7194,
7196 through 7200 inclusive, 7203, 7204, 7206, 7207, 7210, 7212
through 7225 inclusive, 7227, 7228, 7230, 7232, 7235, 7238, 7241
through 7244 inclusive, 7248, and 7261.

(d) Subject

    Air Transport Association (ATA) of America Code 92, Electrical
System Installation.

(e) Reason

    This AD was prompted by reports of broken battery retaining
rods. We are issuing this AD to detect and correct broken battery
retaining rods, which, in the event of a hard landing or severe
turbulence, can cause the battery to detach from its housing,
resulting in damage to other electrical equipment and surrounding
structure. This condition could lead to loss of normal electrical
power generation and subsequent inability to restore electrical
power to essential airplane systems.

(f) Compliance

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

(g) Repetitive Inspections

    Within 4 months after the effective date of this AD, and
thereafter at intervals not to exceed 4 months, accomplish a general
visual inspection of each battery retaining rod part number (P/N)
D9241023700000, in accordance with the instructions of Airbus Alert
Operators Transmission (AOT) A92N001-16, Rev 01, dated October 10,
2016.

(h) Additional Inspections After Any Hard Landing or Any Flight in
Severe Turbulence

    In addition to the inspections required by paragraph (g) of this
AD, after any hard landing, or after any flight in severe
turbulence: Before further flight, accomplish a general visual
inspection of each battery retaining rod P/N D9241023700000, in
accordance with the instructions of Airbus AOT A92N001-16, Rev 01,
dated October 10, 2016.

(i) Corrective Action

    If, during any general visual inspection required by paragraph
(g) or (h) of this AD, as applicable, any battery retaining rod is
found broken, before further flight, replace each affected battery
retaining rod with a serviceable part using a method approved by the
Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the European Aviation Safety Agency (EASA); or
Airbus's EASA Design Organization Approval (DOA).
    Note 1 to paragraph (i) of this AD: Additional guidance for the
replacement of battery retaining rods can be found in Tasks 24-38-
51-000-001-A, Removal of the Batteries, and 24-38-51-400-001-A,
Installation of the Batteries, of the Airbus A319/A320/A321 Aircraft
Maintenance Manual (AMM).

(j) Provision Regarding Terminating Action

    Replacement of failed battery retaining rods on an airplane with
serviceable parts, as required by paragraph (i) of this AD, does not
constitute terminating action for the repetitive general visual
inspections required by paragraphs (g) and (h) of this AD for that
airplane.

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Airbus AOT A92N001-16,
dated August 25, 2016.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or
Airbus's EASA DOA. If approved by the DOA, the approval must include
the DOA-authorized signature.

(m) Special Flight Permits

    Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2016-0204, dated October 13, 2016; corrected October
19, 2016; for related information. You may examine the MCAI on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2016-9509.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (o)(3) and (o)(4) of this AD.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Alert Operators Transmission (AOT) A92N001-16, Rev
01, dated October 10, 2016.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Airbus, Airworthiness Office-EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33
5 61 93 44 51; email<EMAIL_ADDRESS>Internet:
http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on December 2, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-30038 Filed 12-15-16; 8:45 am]
BILLING CODE 4910-13-P