[Federal Register Volume 88, Number 133 (Thursday, July 13, 2023)]
[Rules and Regulations]
[Pages 44698-44700]
[FR Doc No: 2023-14816]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket Number USCG-2023-0464]
RIN 1625-AA08; AA00

Special Local Regulation and Safety Zone; Back River, Baltimore
County, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary regulations for
certain waters of the Back River. This action is necessary to provide
for the safety of life on these navigable waters near Baltimore County,
MD, during a fireworks display on July 15, 2023, (alternate date on
July 16, 2023). This regulation prohibits persons and vessels from
being in the regulated area and safety zone unless authorized by the
Captain of the Port, Maryland-National Capital Region or a designated
representative.

DATES: This rule is effective from 8 to 10:30 p.m. on July 15, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0464 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email CDR Samuel M. Danus, U.S. Coast Guard Sector Maryland-
National Capital Region; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On June 7, 2023, Fantastic Fireworks, on behalf of Tiki Lee's Dock
Bar, notified the Coast Guard that it will be conducting a fireworks
display between 9 and 10 p.m. on July 15, 2023, as a part of the
``Shootout on the River'' event activities. The fireworks are to be
launched from a barge in the Back River located near Tiki Lee's Dock
Bar in Sparrows Point, MD. In the event of inclement weather on July
15, 2023, the fireworks display will be conducted between 9 and 10 p.m.
on July 16, 2023. Hazards from firework displays include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. The Captain of the Port, Maryland-National Capital
Region (COTP) has determined that potential hazards associated with the
fireworks to be used in this display would be a safety concern for
anyone within a 600 foot radius of the barge. The Coast Guard
anticipates a large spectator fleet for these events.
    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 immediate action is needed to respond
to the potential safety hazards associated with fireworks debris and
the anticipated large spectator fleet.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the date of the event, it
would be impracticable to make the regulation effective 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because it would delay the safety measures necessary to respond to
potential safety hazards associated with this fireworks event. Hazards
include explosive materials, dangerous projectiles, and falling debris.
The fireworks fall out zone extends across the navigable channel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 and 46 U.S.C. 70041. The Captain of the Port, Sector Maryland-
National Capital Region (COTP) has determined that potential hazards
associated with the fireworks to be used in the July 15, 2023, display
will be a safety concern for anyone intending to operate within certain
waters of Back River in Baltimore County, MD, in or near the event
area.

IV. Discussion of the Rule

    This rule establishes a special local regulation for the area in
the Back River in which spectating vessels will transit and gather. The
regulated area covers all navigable waters of Back River within an area
bounded by a line connecting the following points: From the shoreline
at Lynch Point at latitude 39[deg]14'46'' N, longitude 076[deg]26'23''
W, thence northeast to Porter Point at latitude 39[deg]15'13'' N,
longitude 076[deg]26'11'' W, thence north along the shoreline to Walnut
Point at latitude 39[deg]17'06'' N, longitude 076[deg]27'04'' W, thence
southwest to the shoreline at latitude 39[deg]16'41'' N, longitude
076[deg]27'31'' W, thence south along the shoreline to the point of
origin, located in Baltimore County, MD. The regulated area is
approximately 4,200 yards in length and 1,200 yards in width.
    In addition to establishing a special local regulation, the COTP is
establishing a temporary safety zone around the fireworks discharge
site, in approximate position latitude 39[deg]15'35.54'' N, longitude
76[deg]26'56.62'' W. The safety zone covers all navigable waters within
600 feet of a fireworks barge in the Back River located near Tiki Lee's
Dock Bar in Sparrow's Point, MD. The duration of the zone is intended
to ensure the safety of vessels and these navigable waters before,
during, and after the scheduled fireworks display. No vessel or person
would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of 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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
duration, and time-of-day of the special local regulation and safety
zone, which would impact a small designated area of the Back River

for a total of no more than 2.5 enforcement-hours, during the evening
when vessel traffic is normally low. Moreover, the Coast Guard will
issue Local Notices to Mariners and a Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the zones.

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
regulated area or safety zone may be small entities, for the reasons
stated in section V.A above, this rule would 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 (Pub. L. 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
call or email 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.

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 an 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area, and within 33 CFR part 165
establishing a temporary safety zone that would prohibit entry within
600 feet of a fireworks barge, both lasting a total of 2.5 consecutive
hours. It is categorically excluded from further review under paragraph
L61 and L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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 Parts 100 and 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 parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0464 to read as follows:

Sec.  100.501T05-0464  2023 Tiki Lee's Shootout on the River Fireworks,
Back River, Baltimore County, MD.

    (a) Locations. All coordinates are based on datum NAD 1983.
    (1) Regulated area. All navigable waters of Back River, within an
area bounded by a line connecting the following points: From the
shoreline at Lynch Point at latitude 39[deg]14'46'' N, longitude
076[deg]26'23'' W, thence northeast to Porter Point at latitude
39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north along the
shoreline to Walnut Point at latitude 39[deg]17'06'' N, longitude
076[deg]27'04'' W, thence southwest to the shoreline at latitude
39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south along the
shoreline to and terminating at the point of origin.
    (2) [Reserved]
    (b) Definitions. As used in this section:
    Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or

any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
    Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
    Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    Participant means a person or vessel registered with the event
sponsor as participating in the ``2023 Tiki Lee's Shootout on the River
Fireworks'' event, or otherwise designated by the event sponsor as
having a function tied to the event.
    Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
    (c) Special local regulations. (1) The COTP Maryland-National
Capital Region or Event PATCOM may forbid and control the movement of
all vessels and persons, including event participants, in the regulated
area described in paragraph (a)(1) of this section. When hailed or
signaled by an official patrol, a vessel or person in the regulated
area shall immediately comply with the directions given by the patrol.
Failure to do so may result in the Coast Guard expelling the person or
vessel from the area, issuing a citation for failure to comply, or
both. The COTP Maryland-National Capital Region or Event PATCOM may
terminate the event, or a participant's operations at any time the COTP
Maryland-National Capital Region or Event PATCOM believes it necessary
to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
    (3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM
and official patrol vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
enter a designated spectator area or pass directly through the
regulated area as instructed by Event PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
    (4) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM. A person or vessel
seeking such permission can contact the COTP Maryland-National Capital
Region at telephone number<PHONE_NUMBER> or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
    (5) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
    (d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
federal, state, and local agencies.
    (e) Enforcement period. This section will be enforced from 8 p.m.
to 10:30 p.m. on July 15, 2023.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
4. Add Sec.  165.T05-0464 to read as follows:

Sec.  165.T05-0464  Safety Zone; Back River, Baltimore County, MD.

    (a) Location. The following area is a safety zone: All navigable
waters of the Back River within 600 feet of the fireworks barge in
approximate position latitude 39[deg]15'35.54'' N, longitude
76[deg]26'56.62'' W. These coordinates are based on datum NAD 1983.
    (b) Definitions. As used in this section:
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing the safety
zone described in paragraph (a) of this section.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at<PHONE_NUMBER> or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8
MHz).
    (3) Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
    (e) Enforcement period. This section will be enforced from 8 to
10:30 p.m. on July 15, 2023, and, if necessary due to inclement weather
on July 15, 2023, from 8 to 10:30 p.m. on July 16, 2023.

    Dated: July 5, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port, Maryland-National
Capital Region.
[FR Doc. 2023-14816 Filed 7-12-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Notices]
[Pages 59522-59523]
[FR Doc No: 2023-18549]

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ENVIRONMENTAL PROTECTION AGENCY

[Docket Id: EPA-HQ-OPP-2022-0337; FRL-10497-03-OCSPP]

Pesticides; Antimicrobial Product Efficacy Claims on Soft Surface
Textiles in Non-Residential Settings; Guidance, Methods, and Response
to Comments; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing the
availability of revised guidance and methods for adding efficacy claims
to antimicrobial products for use on soft surface textiles in non-
residential settings. Revisions to the guidance document and associated
methods were made based on the Agency's consideration of public
comments

received. Specifically, EPA is announcing the availability of a
guidance document that describes efficacy testing for antimicrobial
products to support claims for use on soft surface textiles in clinical
and institutional (non-residential) settings and how to prepare an
application for registration, a quantitative method for evaluating the
efficacy of antimicrobial products on soft surface textiles against
viruses, and a quantitative method for evaluating the efficacy of
antimicrobial products on soft surface textiles against bacteria. The
guidance does not address residential use sites, clothing, frequently
laundered items, untreated wood, concrete and other hard porous
materials, carpet or rugs, or the backing material/stuffing under the
soft surface textile (e.g., beyond what can be visibly observed).

DATES: This guidance is effective on August 29, 2023.

FOR FURTHER INFORMATION CONTACT: Marc Carpenter, Microbiology
Laboratory Branch (7503M), Biological and Economic Analysis Division,
Office of Pesticide Programs, Environmental Protection Agency,
Environmental Science Center, 701 Mapes Road, Ft. Meade, MD 20755-5350;
telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general; although this
action may be of particular interest to those persons who are or may be
required to conduct testing of chemical substances under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). Since other
entities may also be interested, the Agency has not attempted to
describe all the specific entities that may be affected by this action.
If you have any questions regarding the applicability of this action to
a particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    A copy of the documents are available in the docket under docket
identification (ID) number EPA-HQ-OPP-2022-0337 at https://www.regulations.gov.

II. Background

    EPA received requests to develop test methods, guidance, and an
associated registration process for antimicrobial products intended to
treat bacterial and viral public health pathogens for use on soft
surface textiles in non-residential settings. There is significant
interest from stakeholders and the public in the availability of
antimicrobial products with these public health claims, particularly in
institutional, clinical, and health-care settings.
    EPA announced the availability and sought public comments on an
interim guidance document and test methods (87 FR 78105, December 21,
2022 (FRL-10497-01-OCSPP)). EPA received approximately 160 public
comments, including comments regarding claim nomenclature,
clarifications to the methods and revisions to the guidance. After
considering the public comments, EPA is releasing revised test methods
and guidance document, as well as a response to comments document.
    The final guidance document and test methods describe efficacy
testing for antimicrobial products to support claims for use on soft
surface textiles in clinical and institutional (non-residential)
settings and how to prepare an application for registration, a
quantitative method for evaluating the efficacy of antimicrobial
products on soft surface textiles against viruses, and a quantitative
method for evaluating the efficacy of antimicrobial products on soft
surface textiles against bacteria. This guidance does not address
residential use sites, clothing, frequently laundered items, untreated
wood, concrete and other hard porous materials, carpet or rugs, or the
backing material/stuffing under the soft surface textile (e.g., beyond
what can be visibly observed).

III. Do guidance documents contain binding requirements?

    As guidance, these documents are not binding on the Agency or any
outside parties, and the Agency may depart from it where circumstances
warrant and without prior notice. While EPA has made every effort to
ensure the accuracy of the discussion in the guidance, the obligations
of EPA and the regulated community are determined by statutes,
regulations, or other legally binding documents. In the event of a
conflict between the discussion in the guidance documents and any
statute, regulation, or other legally binding document, the guidance
documents will not be controlling.
    Authority: 7 U.S.C. 136 et seq.

    Dated: August 23, 2023.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2023-18549 Filed 8-28-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Notices]
[Page 75629]
[FR Doc No: 2012-30772]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-6059-001]

Pramaggiore, Anne R.; Notice of Filing

    Take notice that on December 14, 2012, Anne R. Pramaggiore
submitted for filing, an application for authority to hold interlocking
positions, pursuant to section 305(b) of the Federal Power Act, 16
U.S.C. 825d(b) (2000) and Part 45 of Title 18 of the Code of Federal
Regulations, 18 CFR part 45 (2010).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on January 4, 2013.

    Dated: December 17, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-30772 Filed 12-20-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 31, 2009 (Volume 74, Number 60)]
[Rules and Regulations]
[Page 14465-14471]
[DOCID:fr31mr09-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23646; Directorate Identifier 2006-CE-005-AD;
Amendment 39-15849; AD 2006-08-08 R1]
RIN 2120-AA64

Airworthiness Directives; Air Tractor, Inc. Models AT-400, AT-
401, AT-401B, AT-402, AT-402A, and AT-402B Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) to revise
AD 2006-08-08, which applies to certain Air Tractor, Inc. (Air Tractor)
Models AT-400, AT-401, AT-401B, AT-402, AT-402A, and AT-402B airplanes.
AD 2006-08-08 currently requires you to repetitively eddy current
inspect the wing lower spar cap in order to reach the safe life and,
for certain Models AT-402A and AT-402B airplanes and those that
incorporate or have incorporated Marburger Enterprises, Inc.
(Marburger) winglets, lowers the safe life for the wing lower spar cap.
Since we issued AD 2006-08-08, we have received information to update
inspection intervals for the Models AT-401B, AT-402A, and AT-402B
airplanes based on a revised damage tolerance analysis. Consequently,
this AD would not only retain the actions of AD 2006-08-08, but would
reduce the number of repetitive inspections for all affected Model AT-
401B airplanes and certain Models AT-402A and AT-402B airplanes. We are
issuing this AD to prevent fatigue cracks from occurring in the wing
lower spar cap before the originally established safe life is reached.
Fatigue cracks in the wing lower spar cap, if not detected and
corrected, could result in wing separation and loss of control of the
airplane.

DATES: This AD becomes effective on May 5, 2009.
    As of April 21, 2006 (71 FR 19986, April 19, 2006), the Director of
the Federal Register approved the incorporation by reference of Snow
Engineering Co. Drawing 21088, dated November 3, 2004; Snow Engineering
Co. Process Specification 197, page 1, revised June 4, 2002, pages 2
through 4, dated February 23, 2001, and page 5, dated May 3, 2002; and
Snow Engineering Co. Service Letter 202, page 3, dated October 16,
2000, listed in this AD.

ADDRESSES: For service information identified in this AD, contact Air
Tractor, Incorporated, P.O. Box 485, Olney, Texas 76374; telephone:
(940) 564-5616; facsimile:<PHONE_NUMBER>; Internet: http://
www.airtractor.com; or Marburger Enterprises, Inc., 1227 Hillcourt,
Williston, North Dakota 58801; telephone:<PHONE_NUMBER> or (701) 774-
0230; facsimile:<PHONE_NUMBER>.
    To view the AD docket, go to U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
http://www.regulations.gov. The docket number is FAA-2006-23646;
Directorate Identifier 2006-CE-005-AD.

FOR FURTHER INFORMATION CONTACT: Direct all questions to:

--For airplanes that do not incorporate and never have incorporated
Marburger winglets: Rob Romero, Aerospace Engineer, FAA, Fort Worth
Airplane Certification Office, 2601 Meacham Boulevard, Fort Worth,
Texas 76193-0150; telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>;
and
--For airplanes that incorporate or have incorporated Marburger
Enterprises, Inc. winglets: John Cecil, Aerospace Engineer, Los Angeles
Aircraft Certification Office, FAA, 3960 Paramount Boulevard, Lakewood,
California 90712; telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On December 4, 2008, we issued a proposal to amend part 39 of the
Federal Aviation Regulations (14 CFR part 39) to include an AD that
would apply to certain Air Tractor Models AT-400, AT-401, AT-401B, AT-
402, AT-402A, and AT-402B airplanes. This proposal was published in the
Federal Register as a notice of proposed rulemaking (NPRM) on December
10, 2008 (73 FR 74999). The NPRM proposed to revise AD 2006-08-08 with
a new AD that would not only retain the actions of AD 2006-08-08, but
would reduce the number of repetitive inspections for all affected
Model AT-401B airplanes and certain Models AT-402A and AT-402B
airplanes.
    The following table contains AD actions that address the wing spar
safe life of the Air Tractor airplane fleet:

                                               Related AD Actions
----------------------------------------------------------------------------------------------------------------
                                           Affected air tractor airplane
                 AD No.                                model                             Issue date
----------------------------------------------------------------------------------------------------------------
2003-07-04..............................  AT-300, AT-400, AT-400A, AT-     March 25, 2003.
                                           401, AT-401B, AT-402, AT-402A,
                                           AT-402B, AT-501, AT-502, and
                                           AT-502B.
2006-08-08..............................  AT-400; AT-401, AT-401B, AT-     April 10, 2006.
                                           402, AT-402A, and AT-402B.
2006-08-09..............................  AT-802 and AT-802A.............  April 10, 2006.
2006-23-09..............................  AT-602.........................  October 26, 2006.
2006-24-10..............................  AT-501, AT-502, AT-502A, AT-     November 22, 2006.
                                           502B, and AT-503A.
2008-09-10..............................  AT-300, AT-301, AT-302, AT-400,  April 18, 2008.
                                           and AT-400A.
----------------------------------------------------------------------------------------------------------------

    You may view these Airworthiness Directives at the following
Internet Web site addresses: http://rgl.faa.gov or http://
www.gpoaccess.gov/fr/index.html.

Comments

    We provided the public the opportunity to participate in developing
this AD. The following presents the comment received on the proposal
and FAA's response to the comment:

Comment Issue: Reduce Applicability

    Mr. David Ligon, Air Tractor, comments that since issuance of AD
2006-08-08, the 21058-1/-2 lower spar cap is standard on production
Models 401B, 402A, and 402B airplanes beginning with SN 1183.
Consequently, he recommends that the applicability of the proposed AD
end at SN 1182; production airplanes following this SN have installed
the 21058-1/-2 lower spar cap.
    We agree with the commenter and are changing the AD to reflect the
installation of the 21058-1/-2 lower spar cap on production Models
401B, 402A, and 402B airplanes beginning with SN 1183.

Conclusion

    We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed
except for the changes previously discussed and minor editorial
corrections. We have determined that these minor corrections:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 341 airplanes in the U.S.
registry.
    We estimate the following costs to do the inspection. We have no
way of determining the number of airplanes that may need repair or
modification as a result of any inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost on U.S.
              Labor cost                      Parts cost        Total cost per airplane         operators
----------------------------------------------------------------------------------------------------------------
* $500 to $800.......................  Not Applicable.........  $500 to $800...........  $170,500 to $272,800.
----------------------------------------------------------------------------------------------------------------
* Eddy current inspections are an estimated flat cost that includes labor and use of equipment.

    We estimate the following costs to do the modification. We have no
way of determining the number of airplanes that may need this
modification:

------------------------------------------------------------------------
                                                          Total cost per
              Labor cost                   Parts cost        airplane
------------------------------------------------------------------------
120 work-hours x $80 = $9,600.........         $11,500          $21,100
------------------------------------------------------------------------

    We estimate the following costs to do the replacement. We have no
way of determining the number of airplanes that may need this
replacement:

------------------------------------------------------------------------
                                                          Total cost per
              Labor cost                   Parts cost        airplane
------------------------------------------------------------------------
$16,500...............................         $16,500          $33,000
------------------------------------------------------------------------
* The labor costs of the replacement are an estimated flat cost that
  includes labor and use of equipment.

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 AD.

Regulatory Findings

    We have 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); and
    3. 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 summary of the costs to comply with this AD (and
other information as included in the Regulatory Evaluation) and placed
it in the AD Docket. You may get a copy of this summary by sending a
request to us at the address listed under ADDRESSES. Include ``Docket
No. FAA-2006-23646; Directorate Identifier 2006-CE-005-AD'' in your
request.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the Federal Aviation Administration amends part 39 of the Federal
Aviation Regulations (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 removing Airworthiness Directive (AD)
2006-08-08, Amendment 39-14563 (71 FR 19986, April 19, 2006), and
adding the following new AD:

2006-08-08 R1 Air Tractor, Inc.: Amendment 39-15849; Docket No. FAA-
2006-23646; Directorate Identifier 2006-CE-005-AD.

Effective Date

    (a) This AD becomes effective on May 5, 2009.

Affected ADs

    (b) This AD revises AD 2006-08-08, Amendment 39-14563.

Applicability

    (c) This AD applies to certain Models AT-400, AT-401, AT-401B,
AT-402, AT-402A, and AT-402B airplanes that are certificated in any
category. Use paragraph (c)(1) of this AD for affected airplanes
that do not incorporate and never have incorporated Marburger
winglets. Use paragraph (c)(3) of this AD for airplanes that have
been modified to install lower spar caps, part number (P/N) 21058-1
and P/N 21058-2. Use paragraph (c)(4) of this AD for certain Models
AT-401, AT-401B, AT-402, AT-402A, and AT-402B airplanes that
incorporate or have incorporated Marburger winglets.
    (1) The following table applies to airplanes that do not
incorporate and never have incorporated Marburger winglets along
with the safe life (presented in hours time-in-service (TIS)) of the
wing lower spar cap for all affected airplane models and serial
numbers (SNs):

 Table 1--Safe Life for Airplanes That Do Not Incorporate and Never Have
                     Incorporated Marburger Winglets
------------------------------------------------------------------------
                                                            Wing lower
                                                           spar cap safe
             Model                         SNs              life (hours
                                                               TIS)
------------------------------------------------------------------------
AT-400.........................  All beginning with 0416          13,300
AT-401.........................  0662 through 0951......          10,757
AT-401B........................  0952 through 1020,                6,948
                                  except 1015.
AT-401B........................  1015 and 1021 through             7,777
                                  1182.
AT-402.........................  0694 through 0951......           7,440
AT-402A........................  0738 through 0951......           7,440
AT-402A........................  0952 through 1020......           2,000
AT-402A........................  1021 through 1182......           2,300
AT-402B........................  0966 through 1020,                2,000
                                  except 1015.
AT-402B........................  1015 and 1021 through             2,300
                                  1182.
------------------------------------------------------------------------

    (2) If piston-powered aircraft have been converted to turbine
power, you must use the limits for the corresponding serial number
(SN) turbine-powered aircraft.
    (3) If you have an aircraft that has been modified by installing
lower spar caps, P/N 21058-1 and P/N 21058-2, you must use a wing
lower spar cap safe life of 9,800 hours TIS. No inspections are
required to reach this life.
    (i) Airplane SNs beginning with 1183 and those that have been
modified with replacement spar caps, P/N 21058-1 and P/N 21058-2,
are not eligible to have Supplemental Type Certificate (STC) No.
SA00490LA, Marburger winglets, installed.
    (ii) If your airplane currently has spar caps, P/N 21058-1 and
P/N 21058-2, and winglets installed, then you must remove the
winglets before further flight and you must contact the FAA at the
address in paragraph (m)(1) of this AD for a new safe life.
    (4) The following table applies to airplanes that incorporate or
have incorporated Marburger winglets. These winglets are installed
following STC No. SA00490LA. Use the winglet usage factor in Table 2
of paragraph (c)(4) of this AD, the wing lower spar cap safe life
specified in Table 1 of paragraph (c)(1) of this AD, and the
instructions included in Appendix 1 to this AD to determine the new
safe life of airplanes that incorporate or have incorporated
Marburger winglets:

 Table 2--Winglet Usage Factor To Determine the Safe Life for Airplanes
  That Incorporate or Have Incorporated Marburger Winglets per STC No.
                                SA00490LA
------------------------------------------------------------------------
                                                           Winglet usage
             Model                         SNs                factor
------------------------------------------------------------------------
AT-401.........................  0662 through 0951......             1.6
AT-401B........................  0952 through 1020,                  1.1
                                  except 1015.
AT-401B........................  1015 and 1021 through               1.1
                                  1182.
AT-402.........................  0694 through 0951......             1.6

AT-402A........................  0738 through 0951......             1.6
AT-402A........................  0952 through 1020......             1.1
AT-402A........................  1021 through 1182......             1.1
AT-402B........................  0966 through 1020,                  1.1
                                  except 1015.
AT-402B........................  1015 and 1021 through               1.1
                                  1182.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD is the result of fatigue cracking of the wing main
spar lower cap at the center splice joint outboard fastener hole.
The actions specified in this AD are intended to detect and correct
cracks in the wing main spar lower cap, which could result in
failure of the spar cap and lead to wing separation and loss of
control of the airplane.

Compliance

    (e) Safe Life Record: For all affected airplanes, modify the
applicable aircraft records (logbook) as follows to show the safe
life for the wing lower spar cap listed in this AD (use the
information from paragraph (c) of this AD and Appendix 1 to this AD,
as applicable).
    (1) Incorporate the following into the aircraft logbook:
``Following this AD, the wing lower spar cap is life limited to ----
---- hours time-in-service (TIS).'' Insert the applicable safe life
number from the applicable tables in paragraph (c) of this AD and
Appendix 1 to this AD.
    (i) Do the logbook entry within the next 10 hours TIS after
April 21, 2006 (the effective date of AD 2006-08-08).
    (ii) A person holding at least a private pilot certificate as
authorized by section 43.7 of the Federal Aviation Regulations (14
CFR 43.7) may modify the aircraft records. Make an entry into the
aircraft logbook showing compliance with this portion of the AD in
accordance with section 43.9 of the Federal Aviation Regulations (14
CFR 43.9).
    (2) Wing Spar Replacement: For all affected airplanes, replace
the wing lower spar cap following Snow Engineering Drawing Number
21088, dated November 3, 2004. Replace upon accumulating the safe
life used in paragraph (e)(1) of this AD or within the next 50 hours
TIS after April 21, 2006 (the effective date of AD 2006-08-08),
whichever occurs later. The owner/operator may not do the spar cap
replacement, unless he/she is a properly certified mechanic.
    (f) Inspection Requirements: For all affected airplanes, except
Model AT-402A, SNs 0952 through 1182, and except Model AT-402B, SNs
0966 through 1182, do the initial inspection of the outboard two
lower spar cap bolt holes using the wing spar lower cap TIS
schedules listed in Table 3. Follow Snow Engineering Co. Process
Specification 197, page 1, revised June 4, 2002, pages 2
through 4, dated February 23, 2001, and page 5, dated May 3, 2002.
After the initial inspection, perform repetitive inspections at the
repetitive inspection intervals listed in Table 3. Use the same
procedure for the repetitive inspections as for the initial
inspection. If not already done, install access panels at the time
of the first inspection following Snow Engineering Service Letter
202, page 3, dated October 16, 2000.

    Note: Hours listed in the table are in hours TIS and the phrase
``within the ------ next hours'' refers to ``within the next ------
hours after April 21, 2006 (the effective date of AD 2006-08-08).''

                                            Table 3--Inspection Times
----------------------------------------------------------------------------------------------------------------
                                                                                Repetitive
                                                        Current wing spar                             inspection
              Model                       SNs          lower cap TIS hours     Initial inspection      interval
                                                                                (hours)
----------------------------------------------------------------------------------------------------------------
AT-400..........................  All beginning with   Greater than 7,750.  Within the next 50               900
                                   0416.                                     hours TIS or upon the
                                                                             accumulation of 8,000
                                                                             hours TIS, whichever
                                                                             is later.
AT-401..........................  0662-0951..........  Greater than 6,250.  Within the next 50               700
                                                                             hours TIS or upon the
                                                                             accumulation of 6,500
                                                                             hours TIS, whichever
                                                                             is later.
AT-401..........................  0662-0951..........  Greater than 4,350   Within the next 250              700
                                                        but less than or     hours TIS or upon the
                                                        equal to 6,250.      accumulation of 4,850
                                                                             hours TIS, whichever
                                                                             is later.
AT-401..........................  0662-0951..........  Greater than 2,750   Within the next 500              700
                                                        but less than or     hours TIS.
                                                        equal to 4,350.
AT-401..........................  0662-0951..........  Less than or equal   Upon the accumulation            700
                                                        to 2,750.            of 3,250 hours TIS.
AT-401B.........................  0952-1020 except     Greater than 3,950.  Within the next 50               600
                                   1015.                                     hours TIS or upon the
                                                                             accumulation of 4,200
                                                                             hours TIS, whichever
                                                                             is later.
AT-401B.........................  0952-1020 except     Greater than 2,650   Within the next 250              600
                                   1015.                but less than or     hours TIS or upon the
                                                        equal to 3,950.      accumulation of 3,150
                                                                             hours TIS, whichever
                                                                             is later.
AT-401B.........................  0952-1020 except     Greater than 1,600   Within the next 500              600
                                   1015.                but less than or     hours TIS.
                                                        equal to 2,650.
AT-401B.........................  0952-1020 except     Less than or equal   Upon the accumulation            600
                                   1015.                to 1,600.            of 2,100 hours TIS.
AT-401B.........................  1015 and 1021-1124.  Greater than 4,450.  Within the next 50               600
                                                                             hours TIS or upon the
                                                                             accumulation of 4,700
                                                                             hours TIS, whichever
                                                                             is later.
AT-401B.........................  1015 and 1021-1124.  Greater than 3,000   Within the next 250              600
                                                        but less than or     hours TIS or upon the
                                                        equal to 4,450.      accumulation of 3,500
                                                                             hours TIS, whichever
                                                                             is later.
AT-401B.........................  1015 and 1021-1124.  Greater than 1,850   Within the next 500              600
                                                        but less than or     hours TIS.
                                                        equal to 3,000.

AT-401B.........................  1015 and 1021-1124.  Less than or equal   Upon the accumulation            600
                                                        to 1,850.            of 2,350 hours TIS.
AT-401B.........................  1125 through 1182..  Greater than 4,450.  Within the next 50             1,000
                                                                             hours TIS or upon the
                                                                             accumulation of 4,700
                                                                             hours TIS, whichever
                                                                             is later.
AT-401B.........................  1125 through 1182..  Greater than 3,000   Within the next 250            1,000
                                                        but less than or     hours TIS or upon the
                                                        equal to 4,450.      accumulation of 3,500
                                                                             hours TIS, whichever
                                                                             is later.
AT-401B.........................  1125 through 1182..  Greater than 1,850   Within the next 500            1,000
                                                        but less than or     hours TIS.
                                                        equal to 3,000.
AT-401B.........................  1125 through 1182..  Less than or equal   Upon the accumulation          1,000
                                                        to 1,850.            of 2,350 hours TIS.
AT-402/AT-402A..................  0694-0951..........  Greater than 4,250.  Within the next 50               700
                                                                             hours TIS or upon the
                                                                             accumulation of 4,500,
                                                                             whichever is later.
AT-402/AT-402A..................  0694-0951..........  Greater than 2,850   Within the next 250              700
                                                        but less than or     hours TIS or upon the
                                                        equal to 4,250.      accumulation of 3,350
                                                                             hours TIS, whichever
                                                                             is later.
AT-402/AT-402A..................  0694-0951..........  Greater than 1,750   Within the next 500              700
                                                        but less than or     hours TIS.
                                                        equal to 2,850.
AT-402/AT-402A..................  0694-0951..........  Less than or equal   Upon the accumulation            700
                                                        to 1,750.            of 2,250 hours TIS.
----------------------------------------------------------------------------------------------------------------

    (g) For all affected airplanes: Before further flight after the
inspection in which cracks are found, replace any cracked wing lower
spar cap following Snow Engineering Drawing Number 21088, dated
November 3, 2004.
    (h) For Models AT-400, AT-401, AT-401B, and AT-402 airplanes,
SNs 0952 through 1182: Report to the FAA any cracks detected as the
result of each inspection required by paragraph (f) of this AD on
the form in Figure 1 of this AD.
    (1) Only if cracks are found, send the report within 10 days
after the inspection required in paragraph (f) of this AD.
    (2) The Office of Management and Budget (OMB) approved the
information collection requirements contained in this regulation
under the provisions of the Paperwork Reduction Act and assigned OMB
Control Number 2120-0056.
    (i) For all affected airplanes: Upon the accumulation of the
life used in paragraph (e)(1) of this AD or within the next 50 hours
TIS after April 21, 2006 (the effective date of AD 2006-08-08),
whichever occurs later, you must replace your wing lower spar cap
before further flight following Snow Engineering Drawing Number
21088, dated November 3, 2004.
    (j) For Model AT-402A airplanes, SNs 0952 through 1182; and
Model AT-402B airplanes, SNs 0966 through 1182: In lieu of the safe
life used in paragraph (e)(1) of this AD, you may eddy-current
inspect and modify the wing lower spar cap as specified in the
alternative method of compliance in AD 2006-08-08, which is approved
for this AD (see paragraph (o) of this AD for more information).
    (k) For all affected airplanes (those complying with the actions
in the AD or alternative method of compliance (AMOC)): One of the
following must do the inspection:
    (1) A level 2 or 3 inspector certified in eddy current
inspection using the guidelines established by the American Society
for Nondestructive Testing or MIL-STD-410; or
    (2) A person authorized to perform AD work and who has completed
and passed the Air Tractor, Inc. training course on Eddy Current
Inspection on wing lower spar caps.
BILLING CODE 4910-13-P

[GRAPHIC] [TIFF OMITTED] TR31MR09.000

BILLING CODE 4910-13-C

Special Flight Permit

    (l) Under 14 CFR 39.23, we are allowing special flight permits
for the purpose of compliance with this AD under the following
conditions:
    (1) Only operate in day visual flight rules (VFR).
    (2) Ensure that the hopper is empty.
    (3) Limit airspeed to 135 miles per hour (mph) indicated
airspeed (IAS).
    (4) Avoid any unnecessary g-forces.
    (5) Avoid areas of turbulence.
    (6) Plan the flight to follow the most direct route.

Alternative Methods of Compliance (AMOCs)

    (m) The Manager, Fort Worth or Los Angeles Airplane
Certification Office (ACO), FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures found in 14 CFR
39.19. Before using any approved AMOC on any airplane to which the
AMOC applies, notify your appropriate principal inspector (PI) in
the FAA Flight Standards District Office (FSDO), or lacking a PI,
your local FSDO. For AMOC approval, send information to ATTN:
    (1) For the airplanes that do not incorporate and never have
incorporated Marburger winglets: Rob Romero, Aerospace Engineer,
FAA, Fort Worth Airplane Certification Office, 2601 Meacham
Boulevard, Fort Worth, Texas 76193-0150; telephone:<PHONE_NUMBER>;
facsimile:<PHONE_NUMBER>.
    (2) For airplanes that incorporate or have incorporated
Marburger winglets: John Cecil, Aerospace Engineer, Los Angeles
Aircraft Certification Office, FAA, 3960 Paramount Boulevard,
Lakewood, California 90712;

telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>.
    (n) AMOCs approved for AD 2001-10-04, AD 2001-10-04 R1, or AD
2002-11-05 for the AT-400 series airplanes are not considered
approved for this AD.
    (o) AMOCs approved for the repetitive inspection requirements of
AD 2006-08-08 are approved for this AD until the scheduled
modification date required by this AD. That AMOC was included in AD
2006-08-08 and can be found in the docket at: http://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=FAA-2006-23646.

Material Incorporated by Reference

    (p) You must use Snow Engineering Co. Drawing 21088, dated
November 3, 2004; Snow Engineering Co. Process Specification 197,
page 1, revised June 4, 2002, pages 2 through 4, dated February 23,
2001, and page 5, dated May 3, 2002; and Snow Engineering Co.
Service Letter 202, page 3, dated October 16, 2000, to do the
actions required by this AD, unless the AD specifies otherwise.
    (1) On April 21, 2006 (71 FR 19986, April 19, 2006) the Director
of the Federal Register approved the incorporation by reference of
Snow Engineering Co. Drawing 21088, dated November 3, 2004; Snow
Engineering Co. Process Specification 197, page 1, revised June 4,
2002, pages 2 through 4, dated February 23, 2001, and page 5, dated
May 3, 2002; and Snow Engineering Co. Service Letter 202, page 3,
dated October 16, 2000, under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact Air
Tractor, Incorporated, P.O. Box 485, Olney, Texas 76374; telephone:
(940) 564-5616; facsimile:<PHONE_NUMBER>; Internet: http://
www.airtractor.com; or Marburger Enterprises, Inc., 1227 Hillcourt,
Williston, North Dakota 58801; telephone:<PHONE_NUMBER> or (701)
774-0230; facsimile:<PHONE_NUMBER>.
    (3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information
incorporated by reference for this AD 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/code_of_federal_regulations/
ibr_locations.html.

Appendix 1 to AD 2006-08-08 R1

    The following provides procedures for determining the safe life
for those Models AT-401, AT-401B, AT-402, AT-402A, and AT-402B
airplanes that incorporate or have incorporated Marburger winglets.
These winglets are installed following Supplemental Type Certificate
(STC) No. SA00490LA.
    What if I removed the Marburger winglets prior to further flight
after April 21, 2006 (the effective date of AD 2006-08-08) or prior
to April 21, 2006 (the effective date of AD 2006-08-08)?
    1. Review your airplane's logbook to determine your airplane's
time in service (TIS) with winglets installed per Marburger STC No.
SA00490LA. This includes all time spent with the winglets currently
installed and any previous installations where the winglet was
installed and later removed.

    Example: A review of your airplane's logbook shows that you have
accumulated 350 hours TIS since incorporating Marburger STC No.
SA00490LA. Further review of the airplane's logbook shows that a
previous owner had installed the STC and later removed the winglets
after accumulating 150 hours TIS. Therefore, your airplane's TIS
with the winglets installed is 500 hours.

    If you determine that the winglet STC has never been
incorporated on your airplane, then your safe life is presented in
paragraph (c)(1) of this AD. Any future winglet installation will be
subject to a reduced safe life per these instructions.
    2. Determine your airplane's unmodified safe life from paragraph
(c)(1) of this AD.

    Example: Your airplane is a Model AT-401B, SN 1022. From
paragraph (c)(1) of this AD, the unmodified safe life of your
airplane is 7,777 hours TIS.

    All examples from hereon will be based on the Model AT-401B, SN
1022 airplane.
    3. Determine the winglet usage factor from paragraph (c)(4) of
this AD.

    Example: Again, your airplane is a Model AT-401B, SN 1022. From
paragraph (c)(4) of this AD, your winglet usage factor is 1.1.

    4. Adjust the winglet TIS to account for the winglet usage
factor. Multiply the winglet TIS (result of Step 1 above) by the
winglet usage factor (result of Step 3 above).

    Example: Winglet TIS is 500 hours x a winglet usage factor of
1.1. The adjusted winglet TIS is 550 hours.

    5. Calculate the winglet usage penalty. Subtract the winglet TIS
(result of Step 1 above) from the adjusted winglet TIS (result of
Step 4 above).

    Example: Adjusted winglet TIS - the winglet TIS = winglet usage
penalty. (550 hours) - (500 hours TIS) = (50 hours TIS).

    6. Adjust the safe life of your airplane to account for winglet
usage. Subtract the winglet usage penalty (result of Step 5 above)
result from the unmodified safe life from paragraph (c)(1) of this
AD (result of Step 2 above.).

    Example: Unmodified safe life - winglet usage penalty = adjusted
safe life. (7,777 hours TIS) - (50 hours TIS) = (7,727 hours TIS).

    7. If you remove the winglets from your airplane before further
flight or no longer have the winglets installed on your airplane,
the safe life of your airplane is the adjusted safe life (result of
Step 6 above). Enter this number in paragraph (e)(1) of this AD and
the airplane logbook.
    What if I have the Marburger winglet installed as of April 21,
2006 (the effective date of AD 2006-08-08) and plan to operate my
airplane without removing the winglet?
    1. Review your airplane's logbook to determine your airplane's
TIS without the winglets installed.

    Example: A review of your airplane's logbook shows that you have
accumulated 1,500 hours TIS, including 500 hours with the Marburger
winglets installed. Therefore, your airplane's TIS without the
winglets installed is 1,000 hours.
    2. Determine your airplane's unmodified safe life from paragraph
(c)(1) of this AD.

    Example: Your airplane is a Model AT-401B, SN 1022. From
paragraph (c)(1) of this AD, the unmodified safe life of your
airplane is 7,777 hours TIS.

    All examples from hereon will be based on the Model AT-401B, SN
1022 airplane.
    3. Determine the winglet usage factor from paragraph (c)(4) of
this AD.

    Example: Again, your airplane is a Model AT-401B, SN 1022. From
paragraph (c)(4) of this AD, your winglet usage factor is 1.1.

    4. Determine the potential winglet TIS. Subtract the TIS without
the winglets installed (result of Step 1 above) from the unmodified
safe life (result of Step 2 above).

    Example: Unmodified safe life - TIS without winglets = Potential
winglet TIS. (7,777 hours TIS) - (1,000 hours TIS) = (6,777 hours
TIS).

    5. Adjust the potential winglet TIS to account for the winglet
usage factor. Divide the potential winglet TIS (result of Step 4
above) by the winglet usage factor (result of Step 3 above).

    Example: Potential winglet TIS / Winglet usage factor = Adjusted
potential winglet TIS. (6,777 hours TIS) / (1.1) = (6,155 hours
TIS).

    6. Calculate the winglet usage penalty. Subtract the adjusted
potential winglet TIS (result of Step 5 above) from the potential
winglet TIS (result of Step 4 above).

    Example: Potential winglet TIS - Adjusted potential winglet TIS
= Winglet usage penalty. (6,777 hours TIS)- (6,155 hoursTIS) = (622
hours TIS).

    7. Adjust the safe life of your airplane to account for the
winglet installation. Subtract the winglet usage penalty (result of
Step 6 above) from the unmodified safe life from paragraph (c)(1) of
this AD (the result of Step 2 above).

    Example: Unmodified safe life - Winglet usage penalty = Adjusted
safe life. (7,777 hours TIS) - (622 hours TIS) = (7,155 hours TIS).

    8. Enter the adjusted safe life (result of Step 7 above) in
paragraph (e)(1) of this AD and the airplane logbook.
    What if I install or remove the Marburger winglet from my
airplane in the future?
    If, at anytime in the future, you install or remove the
Marburger winglet STC from your airplane, you must repeat the
procedures in this Appendix to determine the airplane's safe life.

    Issued in Kansas City, Missouri, on March 24, 2009.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E9-7068 Filed 3-30-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Pages 50921-50923]
[FR Doc No: 2023-16388]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98008; File No. SR-CBOE-2023-020]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Order
Instituting Proceedings To Determine Whether To Approve or Disapprove
Proposed Rule Change To Make the Nonstandard Expirations Pilot Program
Permanent

July 27, 2023.

I. Introduction

    On April 11, 2023, Cboe Exchange, Inc. (``Exchange'' or ``Cboe
Options'') 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 make permanent the operation of its pilot
program (``Program'') that permits the Exchange to list broad-based
index options with nonstandard expirations. The proposed rule change
was published for comment in the Federal Register on May 1, 2023.\3\ On
June 9, 2023, pursuant to Section 19(b)(2) of the Act,\4\ the
Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\5\ The Commission did not receive any comment letters on the
proposed rule change. The Commission is instituting proceedings
pursuant to Section 19(b)(2)(B) of the Act \6\ to determine whether to
approve or disapprove the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 97371 (April 25,
2023), 88 FR 26621 (``Notice'').
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 97679, 88 FR 3931
(June 15, 2023). The Commission designated July 30, 2023, as the
date by which the Commission shall approve or disapprove, or
institute proceedings to determine whether to approve or disapprove,
the proposed rule change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
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II. Description of the Proposed Rule Change

    The Exchange proposes to make permanent a pilot program that
permits the Exchange to list p.m.-settled options on broad-based
indexes that expire (1) on the last day of the trading month (``EOM''),
and (2) any Monday, Wednesday, or Friday (other than the third Friday-
of-the-month or days that coincide with an EOM expiration) and, with
respect to S&P 500 index options (``SPX'') and mini-S&P 500 index
options (``XSP''), on any Tuesday or Thursday (other than days that
coincide with an EOM expiration) (``Weekly'').
    In September 2010, the Commission approved a rule change that
established the Program under which the Exchange was permitted to list
p.m-settled options on broad-based indexes to expire on any Friday of
the month, other than the third Friday-of-the-month, and the last
trading day of the month.\7\ The Commission subsequently approved
proposed rule changes to amend the Program to allow the Exchange to
also list: (1) p.m.-settled Monday \8\ and Wednesday \9\ expirations on
broad-based indexes, and (2) p.m.-settled Tuesday and Thursday
expirations on SPX \10\ and XSP.\11\ In approving the Program, the
Commission noted its concern about the potential impact on the market
at expiration for the underlying component stocks for a p.m.-settled,
cash-settled index options.\12\ However, the Commission has also
recognized the potential impact was unclear.\13\ The Commission
approved the Program on a pilot basis to allow the Exchange and the
Commission to monitor for and assess any potential for adverse market
effects.\14\ In order to facilitate this assessment, the Exchange
committed to provide the Commission with data and analysis in
connection with the Program.\15\ The Exchange has filed to extend the
operation of the Program on multiple occasions \16\ and it is currently
set to expire on the earlier of November 6, 2023, or the date on which
the Program is approved on a permanent basis.\17\
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    \7\ See Securities Exchange Act Release No. 62911 (September 14,
2010), 75 FR 57539 (September 21, 2010) (SR-CBOE-2009-075)
(``Nonstandards Approval Order'').
    \8\ See Securities Exchange Act Release No. 78531 (August 10,
2016), 81 FR 54643 (August 16, 2016) (SR-CBOE-2016-046).
    \9\ See Securities Exchange Act Release No. 76909 (January 14,
2016), 81 FR 3512 (January 21, 2016) (SR-CBOE-2015-106).
    \10\ See Securities Exchange Act Release No. 94682 (April 12,
2022), 87 FR 22993 (SR-CBOE-2022-005).
    \11\ See Securities Exchange Act Release No. 95795 (September
21, 2022) (order approving SR-CBOE-2022-039).
    \12\ See Nonstandards Approval Order, 75 FR at 57540. See also
Securities Exchange Act Release Nos. 64599 (June 3, 2011), 76 FR
33798, 33801-02 (June 9, 2011) (order instituting proceedings to
determine whether to approve or disapprove a proposed rule change to
allow the listing and trading of SPXPM options); 65256 (September 2,
2011), 76 FR 55969, 55970-76 (September 9, 2011) (order approving
proposed rule change to establish a pilot program to list and trade
SPXPM options); and 68888 (February 8, 2013), 78 FR 10668, 10669
(February 14, 2013) (order approving the listing and trading of
SPXPM on CBOE) (``SPXPM Approval Order'').
    \13\ See e.g., SPXPM Approval Order, 78 FR at 10669.
    \14\ See e.g., Nonstandards Approval Order, 75 FR at 57549; and
Securities Exchange Act Release No. 94682 (April 12, 2022), 87 FR
22993 at 22995 (SR-CBOE-2022-005).
    \15\ Id.
    \16\ See, e.g., Securities Exchange Act Release Nos. 65741
(November 14, 2011), 76 FR 72016 (November 21, 2011); and 96223
(November 3, 2022), 87 FR 67728 (November 9, 2022).
    \17\ See Securities Exchange Act Release No. 97445 (May 5,
2023), 88 FR 30368(May 11, 2023).
---------------------------------------------------------------------------

    Since the Program's inception in 2010, the Exchange has submitted
reports to the Commission regarding the Program that detail the
Exchange's experience with the Program, pursuant to the various
approval orders.\18\ Specifically, the Exchange states it has submitted
annual pilot reports to the Commission that contain an analysis of
volume, open interest, and trading patterns.\19\ Additionally, for
series that exceed certain minimum open interest parameters, the annual
reports provide analysis of index price volatility and, if needed,
share trading activity. The Exchange states it has also submitted
periodic interim reports that contain some, but not all, of the
information contained in the annual reports (together with the annual
reports, the ``pilot reports'').\20\ The Exchange states that, during
the course of the Program, it has provided the Commission with any
additional data or analyses the Commission requested if it deemed such
data or analyses necessary to determine whether the Program was
consistent with the Exchange Act.\21\ The Exchange states it has made
public on its website data and analyses previously submitted to the
Commission under the Program, and will continue to make public any data
and analyses it submits to the Commission while the Program is still in
effect.\22\
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    \18\ See supra notes 7-11.
    \19\ See Notice, 88 FR at 26623.
    \20\ See id.
    \21\ See Notice, 88 FR at 26624.
    \22\ See id. Available at https://www.cboe.com/aboutcboe/legal-regulatory/national-market-system-plans/pm-settlement-spxpm-data.
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    As set forth more fully in the Notice, the Exchange concludes that
the Program does not negatively impact market quality or raise any
unique or prohibitive regulatory concerns.\23\ The Exchange states it
has not identified any evidence from the pilot data indicating that the
trading of Weekly and EOM options has any adverse impact on fair and
orderly markets on the third Friday-of-the-month for the underlying
indexes or the underlying securities comprising the underlying indexes,
nor have there been any observations of abnormal market movements
attributable to Weekly and EOM options from any market participants
that have come to

the attention of the Exchange.\24\ In order to support its overall
assessment of the Program, the Exchange includes both an assessment of
an analysis conducted at the direction of the staff of the Commission's
Division of Economic and Risk Analysis and the Exchange's review and
analysis of pilot data.\25\ Among other things, the Notice includes the
Exchange's analysis of end of day volatility as well as a comparison of
the impact of quarterly index rebalancing versus p.m.-settled
expirations.\26\
---------------------------------------------------------------------------

    \23\ See Notice, 88 FR at 26624.
    \24\ See id.
    \25\ See Notice, 88 FR at 26624-26.
    \26\ See Notice, 88 FR at 26625-26. The Exchange states that
although this analysis specifically evaluated SPX options, the
Exchange believes it is appropriate to extrapolate the data to apply
to the Weekly and EOM options (which include SPX options) because
Weekly and EOM options may only overly broad-based index options.
See Notice, 88 FR at 26627.
---------------------------------------------------------------------------

    The Exchange also completed an analysis intended to evaluate
whether the Program impacted the quality of the a.m.-settled options
market.\27\ Specifically, the Exchange compared values of key market
quality indicators (specifically, the bid-ask spread \28\ and effective
spread \29\) in p.m.-settled SPX options (``SPXW'') both before and
after the introduction of Tuesday expirations and Thursday expirations
for SPXW options on April 18 and May 11, 2022, respectively.\30\ The
Exchange believes analyzing the impact of new SPXW options on then-
existing SPXW options provides a reasonable substitute to evaluate
whether the introduction of Weekly and EOM options impacted the market
quality of any corresponding a.m.-settled options when the Program
began.\31\
---------------------------------------------------------------------------

    \27\ See Notice, 88 FR at 26364.
    \28\ The Exchange calculated for each of SPXW options (with
Monday, Wednesday, and Friday expirations) and weekly options on the
Standard & Poor's Depositary Receipts S&P 500 ETF (``SPY'') (with
Monday, Wednesday, and Friday expirations) the daily time-weighted
bid-ask spread on the Exchange during its regular trading hours
session, adjusted for the difference in size between SPXW options
and SPY options (SPXW options are approximately ten times the value
of SPY options).
    \29\ The Exchange calculated the volume-weighted average daily
effective spread for simple trades for each of SPXW options (with
Monday, Wednesday, and Friday expirations) and SPY weekly options
(with Monday, Wednesday, and Friday expirations) as twice the amount
of the absolute value of the difference between an order execution
price and the midpoint of the national best bid and offer at the
time of execution, adjusted for the difference in size between SPXW
options and SPY options.
    \30\ For purposes of comparison, the Exchange paired SPXW
options and SPY options with the same moneyness and same days to
expiration.
    \31\ See Notice, 88 FR at 26626.
---------------------------------------------------------------------------

    Finally, the Exchange states that the significant changes in the
closing procedures of the primary markets in recent decades, including
considerable advances in trading systems and technology, have
significantly minimized risks of any potential impact of Weekly or EOM
options on the underlying cash markets.\32\
---------------------------------------------------------------------------

    \32\ See Notice, 88 FR at 26628.
---------------------------------------------------------------------------

III. Proceedings To Determine Whether To Approve or Disapprove SR-CBOE-
2023-020, and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \33\ to determine whether the proposed rule
change should be approved or disapproved. Institution of such
proceedings is appropriate at this time in view of the legal and policy
issues raised by the proposed rule change. Institution of proceedings
does not indicate that the Commission has reached any conclusions with
respect to any of the issues involved. Rather, as described below, the
Commission seeks and encourages interested persons to provide
additional comment on the proposed rule change to inform the
Commission's analysis of whether to approve or disapprove the proposed
rule change.
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\34\ the Commission is
providing notice of the grounds for disapproval under consideration. As
described above, the Exchange has proposed to make permanent a pilot
program that permits the listing and trading of p.m.-settled Weekly and
EOM expirations. The Commission is instituting proceedings to allow for
additional analysis of, and input from commenters with respect to, the
proposed rule change's consistency with the Act, and in particular,
Section 6(b)(5) of the Act, which requires, among other things, that
the rules of a national securities exchange be designed to prevent
fraudulent and manipulative acts and practices, 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.\35\
---------------------------------------------------------------------------

    \34\ Id.
    \35\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their data, views, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposed rule
change, is consistent with Sections 6(b)(5) or any other provision of
the Act, or the rules and regulations thereunder. Although there do not
appear to be any issues relevant to approval or disapproval that would
be facilitated by an oral presentation of data, views, and arguments,
the Commission will consider, pursuant to Rule 19b-4 under the Act,\36\
any request for an opportunity to make an oral presentation.\37\
---------------------------------------------------------------------------

    \36\ 17 CFR 240.19b-4.
    \37\ Section 19(b)(2) of the Act, as amended by the Securities
Acts Amendments of 1975, Public Law 94-29 (Jun. 4, 1975), grants to
the Commission flexibility to determine what type of proceeding--
either oral or notice and opportunity for written comments--is
appropriate for consideration of a particular proposal by a self-
regulatory organization. See Securities Acts Amendments of 1975,
Senate Comm. on Banking, Housing & Urban Affairs, S. Rep. No. 75,
94th Cong., 1st Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposed rule change should be approved
or disapproved by August 23, 2023. Any person who wishes to file a
rebuttal to any other person's submission must file that rebuttal by
September 6, 2023. The Commission asks that commenters address the
sufficiency of the Exchange's statements in support of the proposal, in
addition to any other comments they may wish to submit about the
proposed rule change.
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-CBOE-2023-020 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-CBOE-2023-020. 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 (https://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 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. Do not include personal identifiable
information in submissions; you should submit only information that you
wish to make available publicly. We may redact in part or withhold
entirely from publication submitted material that is obscene or subject
to copyright protection. All submissions should refer to file number
SR-CBOE-2023-020 and should be submitted by August 23, 2023. Rebuttal
comments should be submitted by September 6, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\38\
---------------------------------------------------------------------------

    \38\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-16388 Filed 8-1-23; 8:45 am]
BILLING CODE 8011-01-P