[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Rules and Regulations]
[Pages 8610-8612]
[FR Doc No: 2011-3065]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0040; Directorate Identifier 2010-NM-185-AD;
Amendment 39-16606; AD 2011-04-06]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A340-200, -300, -500, and
-600 Series Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
* * * * *
    The airworthiness limitations applicable to Damage Tolerant
Airworthiness Limitation Items (DT ALI) are currently given in
Airbus A340 ALI Document reference AI/SE-M4/95A.0051/97, which is
approved by the European Aviation Safety Agency (EASA) and
referenced in Airbus Airworthiness Limitations Section (ALS) Part 2.
    The issue 11 of Airbus A340 ALI Document introduces more
restrictive maintenance requirements/airworthiness limitations.
Failure to comply with this issue 11 constitutes an unsafe
condition.
    This new [EASA] AD retains the requirements of EASA AD 2007-
0158, which is superseded, and requires the implementation of the
more restrictive maintenance requirements/airworthiness limitations
as specified in Airbus A340 ALI Document AI/SE-M4/95A.0051/97 issue
11.

The unsafe condition is fatigue cracking, damage, and corrosion in
certain structure, which could result in reduced structural integrity
of the airplane. This AD requires actions that are intended to address
the unsafe condition described in the MCAI.

DATES: This AD becomes effective March 2, 2011.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of March 2,
2011.
    We must receive comments on this AD by April 1, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this 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: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the aviation
authority for the Member States of the European Community, has issued
EASA Airworthiness Directive 2010-0036, dated March 8, 2010 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    The airworthiness limitations are currently included in Airbus
A340 Airworthiness Limitations Section (ALS).
    The airworthiness limitations applicable to Damage Tolerant
Airworthiness Limitation Items (DT ALI) are currently given in
Airbus A340 ALI Document reference AI/SE-M4/95A.0051/97, which is
approved by the European Aviation Safety Agency (EASA) and
referenced in Airbus Airworthiness Limitations Section (ALS) Part 2.
    The issue 11 of Airbus A340 ALI Document introduces more
restrictive maintenance requirements/airworthiness limitations.
Failure to comply with this issue 11 constitutes an unsafe
condition.
    This new [EASA] AD retains the requirements of EASA AD 2007-
0158, which is superseded, and requires the implementation of the
more restrictive maintenance requirements/airworthiness limitations
as specified in Airbus A340 ALI Document AI/SE-M4/95A.0051/97 issue
11.

The unsafe condition is fatigue cracking, damage, and corrosion in
certain structure, which could result in reduced structural integrity
of the airplane. You may obtain further information by examining the
MCAI in the AD docket.

Relevant Service Information

    Airbus has issued A340 Airworthiness Limitation Items, Document AI/
SE-M4/95A.0051/97, Issue 11, dated February 20, 2009. This document
provides the mandatory time for maintenance tasks, structural
inspection intervals, and related structural inspection procedures. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.

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 the same
type design.
    There are no products of this type currently registered in the
United States. However, this rule is necessary to ensure that the
described unsafe condition is addressed if any of these products are
placed on the U.S. Register in the future.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the AD.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.

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-2011-0040; Directorate
Identifier 2010-NM-185-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 because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

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 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 regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

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 AD:

2011-04-06 Airbus: Amendment 39-16606. Docket No. FAA-2011-0040;
Directorate Identifier 2010-NM-185-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 2,
2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A340-211, -212, and -213
airplanes; A340-311, -312, and -313 airplanes; A340-541 airplanes;
and A340-642 airplanes; certificated in any category; all
manufacturer serial numbers.

    Note 1:  This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (i)(1) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 05.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
European Aviation Safety Agency (EASA) AD 2009-0192 states:

    The airworthiness limitations are currently included in Airbus
A340 Airworthiness Limitations Section (ALS).
    The airworthiness limitations applicable to Damage Tolerant
Airworthiness Limitation Items (DT ALI) are currently given in
Airbus A340 ALI Document reference AI/SE-M4/95A.0051/97, which is
approved by the European Aviation Safety Agency (EASA) and
referenced in Airbus Airworthiness Limitations Section (ALS) Part 2.
    The issue 11 of Airbus A340 ALI Document introduces more
restrictive maintenance requirements/airworthiness limitations.
Failure to comply with this issue 11 constitutes an unsafe
condition.
    This new [EASA] AD retains the requirements of EASA AD 2007-
0158, which is superseded, and requires the implementation of the
more restrictive maintenance requirements/airworthiness limitations
as specified in Airbus A340 ALI Document AI/SE-M4/95A.0051/97 issue
11.

The unsafe condition is fatigue cracking, damage, and corrosion in
certain structure, which could result in reduced structural
integrity of the airplane.

Compliance

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

Revise the Maintenance Program

    (g) Within 3 months after the effective date of this AD: Revise
the maintenance program by incorporating Airbus A340 Airworthiness
Limitation Items (ALI), Document AI/SE-M4/95A.0051/97, Issue 11,
dated February 20, 2009. At the times specified in Section 2 of
Airbus A340 ALI Document AI/SE-M4/95A.0051/97, Issue 11, dated
February 20, 2009, comply with all applicable maintenance
requirements and associated airworthiness limitations included in
Airbus A340 ALI Document AI/SE-M4/95A.0051/97, Issue 11, dated
February 20, 2009.

Alternative Intervals or Limits

    (h) Except as provided by paragraph (i)(1) of this AD, after
accomplishing the actions specified in paragraph (g) of this AD, no
alternatives to the maintenance tasks, intervals, or limitations
specified in paragraph (g) of this AD may be used.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (i) 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. Send information to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector, or lacking a
principal inspector, the manager of the local flight standards
district office/certificate holding district office. The AMOC
approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (j) Refer to MCAI EASA Airworthiness Directive 2010-0036, dated
March 8, 2010; and Airbus A340 ALI, Document AI/SE-M4/95A.0051/97,
Issue 11, dated February 20, 2009; for related information.

Material Incorporated by Reference

    (k) You must use the service information contained in Airbus
A340 Airworthiness Limitation Items, Document AI/SE-M4/95A.0051/97,
Issue 11, dated February 20, 2009; to do the actions required by
this AD, unless the AD specifies otherwise. Airbus Document AI/SE-
M4/95A.0051/97 contains the following list of effective pages:

----------------------------------------------------------------------------------------------------------------
      Page title/description            Page No.(s)           Issue No.              Date shown on page(s)
----------------------------------------------------------------------------------------------------------------
Title Page.......................  None shown..........  11.................  February 20, 2009.
Table of Contents................  1-TOC...............  None shown*........  February 20, 2009.
Record of Revisions..............  1-ROR--4-ROR........  None shown*........  February 20, 2009.
Introduction.....................  1-9.................  None shown*........  February 20, 2009.
Airworthiness Limitations:
    Section 2-1 --A340-200/300     1-102...............  11.................  February 2009.
     Airworthiness Limitations.
    Section 2-2 --A340-500/600     1-67................  11.................  February 2009.
     Airworthiness Limitations.
Appendix A--Summary of Changes...  APXA-1 -APXA-13.....  None shown*........  February 20, 2009.
Appendix B--Abbreviations........  APXB-1..............  None shown*........  February 20, 2009.
Appendix C--Terms and Definitions  APXC-1..............  None shown*........  February 20, 2009.
----------------------------------------------------------------------------------------------------------------
(*The issue number is indicated only on the title page and Airworthiness Limitations pages of this document.)

    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; e-mail<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on February 3, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-3065 Filed 2-14-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Page 8099]
[FR Doc No: 2010-3439]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1871-DR; Docket ID FEMA-2010-0002]

North Carolina; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of North Carolina (FEMA-1871-DR), dated February
2, 2010, and related determinations.

DATES: Effective Date: February 2, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated February 2, 2010, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of North Carolina resulting from severe winter storms and flooding
during the period of December 18-25, 2009, is of sufficient severity
and magnitude to warrant a major disaster declaration under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists in the State of North Carolina.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Michael Bolch, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of North Carolina have been
designated as adversely affected by this major disaster:

    Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Haywood,
Jackson, Madison, McDowell, Mitchell, Watauga, and Yancey Counties
for Public Assistance.
    All counties within the State of North Carolina are eligible to
apply for assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-3439 Filed 2-22-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Rules and Regulations]
[Pages 29440-29442]
[FR Doc No: 2018-13575]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0571]
RIN 1625-AA00

Safety Zone; Port Huron Blue Water Festival Fireworks, St. Clair
River, Port Huron, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 420-foot radius of a portion of the St. Clair
River, Port Huron, MI. This zone is necessary to protect spectators and
vessels from potential hazards associated with the Blue Water Festival
Fireworks.

DATES: This temporary final rule is effective from 10 p.m. on July 21,
2018 through 10:30 p.m. on July 22, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0571 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 protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Detroit
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. The
Coast Guard did not receive the final details of this fireworks display
in time to publish an NPRM. As such, it is impracticable to publish an
NPRM because we lack sufficient time to provide a reasonable comment
period and then consider those comments before issuing the rule.
    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. Delaying the effective date of
this rule would inhibit the Coast Guard's ability to protect
participants, mariners 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
potential hazard associated with fireworks from 10 p.m. on July 21,
2018 through 10:30 p.m. on July 22, 2018 will be a safety concern to
anyone within a 420-foot radius of the launch site. This rule is needed
to protect personnel, vessels, and the

marine environment in the navigable waters within the safety zone while
the fireworks are being displayed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 p.m. on July 21, 2018
through 10:30 p.m. on July 22, 2018. The safety zone will encompass all
U.S. navigable waters of the St. Clair River, Port Huron, MI, within a
420-foot radius of position 42[deg]58.838' N, 082[deg]25.194' W (NAD
83). The safety zone will be enforced from 10 p.m. to 10:30 p.m. on
July 21, 2018. In the case of inclement weather on July 21, 2018, this
safety zone will be enforced from 10 p.m. to 10:30 p.m. on July 22,
2018. No vessel or person will 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), 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 be able to safely transit around this safety zone which will
impact a small designated area of the St. Clair River from 10 p.m. on
July 21, 2018 through 10:30 p.m. on July 22, 2018. Moreover, the Coast
Guard will issue Broadcast Notice to Mariners (BNM) 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 (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
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 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 and Commandant Instruction M16475.1D, 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 less than one hour that will prohibit entry into
a designated area. It is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.

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.T09-0571 to read as follows:

Sec.  165.T09-0571   Safety Zone; Blue Water Festival Fireworks, St.
Clair River, Port Huron, MI.

    (a) Location. A safety zone is established to include all U.S.
navigable waters of the St. Clair River, Port Huron, MI, within a 420-
foot radius of position 42[deg]58.838' N, 082[deg]25.194' W (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph
(a) of this section will be enforced from 10 p.m. through 10:30 p.m. on
July 21, 2018. In the case of inclement weather on July 21, 2018, this
safety zone will be enforced from 10 p.m. to 10:30 p.m. on July 22,
2018. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.
    (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 (COTP), or his on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or his on-scene representative.
    (3) The ``on-scene representative'' of COTP 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 COTP or his on-scene
representative to obtain permission to enter or operate within the
safety zone. The COTP 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 COTP or his on-scene
representative.

    Dated: June 18, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-13575 Filed 6-22-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: August 10, 2006 (Volume 71, Number 154)]
[Notices]
[Page 45809-45810]
[DOCID:fr10au06-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-460-000]

Trailblazer Pipeline Company; Notice of Proposed Changes in FERC
Gas Tariff

August 3, 2006.
    Take notice that on August 1, 2006, Trailblazer Pipeline Company
(Trailblazer) tendered for filing as part of its FERC Gas Tariff, Third
Revised Volume No. 1, the following tariff sheets, to become effective
October 1, 2006:

Fourteenth Revised Sheet No. 5
Seventh Revised Sheet No. 7

    Trailblazer states that copies of the filing are being mailed to
its customers and interested state commissions.
    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 and 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 in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-13080 Filed 8-9-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Notices]
[Pages 25095-25097]
[FR Doc No: 2018-11612]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83322; File No. SR-Phlx-2018-41]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Related to Risk
Protections

May 24, 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 May 16, 2018, Nasdaq PHLX LLC (``Phlx'' 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 Rule 1095, entitled ``Automated
Removal of Quotes'' and Rule 1099, entitled ``Order Protections.''
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqphlx.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 purpose of the proposed rule change is to amend Rule 1099,
entitled ``Order Protections'' and reorganize the Rulebook. The
Exchange proposes to rename Rule 1099 ``Risk Protections'' and relocate
all the risk protections into a single rule. The Exchange also proposes
to categorize the risk protections as order protections, order and
quote protections or Specialist \3\ and Registered Options Trader \4\
protections. The Exchange believes that reorganizing the various risk
protection rules into a single rule and providing labels for the
different types of protections will provide an easy reference for
market participants. The Exchange is not amending the text of the
existing rules, rather the Exchange proposes to reletter and renumber
the rule as well to provide a more organized structure. The Exchange
believes that categorizing the various protections provides more
information to market participants as to each of the risk protections.
---------------------------------------------------------------------------

    \3\ A Specialist is an Exchange member who is registered as an
options Specialist. See Phlx Rule 1020(a).
    \4\ Rule 1014(b) defines a ROT as ``a regular member or a
foreign currency options participant of the Exchange located on the
trading floor who has received permission from the Exchange to trade
in options for his own account.'' For purposes of Rule 1014, the
term ``ROT'' shall include a Streaming Quote Trader and a Remote
Streaming Quote Trader, as defined in Rule 1014.
---------------------------------------------------------------------------

Order Price Protection
    The Exchange proposes to relocate Order Price Protection from Rule
1099(c) to proposed Rule 1099(a)(1) under the title of order
protections.
Market Order Spread Protection
    The Exchange proposes to relocate Market Order Spread Protection
from Rule 1099(d) to proposed Rule 1099(a)(2) under the title of order
protections.
Acceptable Trade Range
    The Exchange proposes to renumber the Acceptable Trade Protection
rule text as Rule 1099(b)(1) under the title for order and quote
protections.
Anti-Internalization
    The Exchange proposes to renumber the Anti-Internalization rule
from Rule Rule [sic] 1099(b) to 1099(c)(1) under the title Specialist
and Registered Options Traders protections.
Automated Removal of Quotes and Orders
    The Exchange proposes to relocate the Automated Removal of Quotes
rule from Rule 1095 to Rule 1099(c)(2) under the title Specialist and
Registered Options Traders protections. The Exchange proposes to
reserve Rule 1095.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\5\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\6\ 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,
by grouping the various risk protections into a single rule for ease of
reference and adding headers to the rule to make clear whether the risk
protection is an order, quote or order protection or a protection
applicable to Specialists and Registered Options Traders. The Exchange
believes the reorganization of the existing rule and relocation of
various rules into Rule 1099 is a non-substantive rule change. The
Exchange believes that this rule change is consistent with the
protection of investors and the public interest because it will bring
greater transparency to the protections offered on Phlx.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(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. The proposal does not impose an
intra-market burden on competition with respect to the reorganization
and relocation of the various rules into Rule 1099 because the various
risk protections will continue to apply uniformly to all market
participants.

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 reorganize its rules
without delay to provide market participants with a single point of
reference for the risk protections offered by the Exchange. 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.\11\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ 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-Phlx-2018-41 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-Phlx-2018-41. 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-Phlx-2018-41, and should be submitted on
or before June 21, 2018.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-11612 Filed 5-30-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Proposed Rules]
[Pages 31891-31894]
[FR Doc No: E9-15810]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Proposed
Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0609; Directorate Identifier 2009-NM-037-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier Model DHC-8-102, DHC-8-103,
DHC-8-106, DHC-8-201, and DHC-8-202 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    During a puncture voltage test of the aluminum-loaded paint on
an in-service DHC-8 aircraft, conducted to validate an SFAR 88
[Special Federal Aviation Regulation No. 88] related task,
Bombardier Aerospace (BA) discovered that the top wing fuel tank
skin between Yw171.20 and Yw261.00 was painted with a non-aluminized
enamel coating * * *.
    With this type of paint application, it is possible that, in the
worst case scenario, a lightning strike could puncture the wing skin
and create an ignition source in the fuel tank.

    Ignition sources inside fuel tanks, in combination with flammable
fuel vapors, could result in fuel tank explosions and consequent loss
of the airplane. The proposed AD would require actions that are
intended to address the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by August 5, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.bombardier.com.
You may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Kyle Williams, Aerospace Engineer,
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0609;
Directorate Identifier 2009-NM-037-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2009-05, dated January 29, 2009 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    During a puncture voltage test of the aluminum-loaded paint on
an in-service DHC-8 aircraft, conducted to validate an SFAR 88
[Special Federal Aviation Regulation No. 88] related task,
Bombardier Aerospace (BA) discovered that the top wing fuel tank
skin between Yw171.20 and Yw261.00 was painted with a non-aluminized
enamel coating due to a misinterpretation of the painting
instructions in the Structural Repair Manual (SRM).
    With this type of paint application, it is possible that, in the
worst case scenario, a lightning strike could puncture the wing skin
and create an ignition source in the fuel tank.

    Ignition sources inside fuel tanks, in combination with flammable
fuel vapors, could result in fuel tank explosions and consequent loss
of the airplane. Required actions include performing a functional check
of the dielectric properties of the fuel tank skin for aluminum-loaded
primer and aluminum-loaded enamel coating. For airplanes on which the
aluminum-loaded primer and aluminum-loaded enamel coating have been
properly applied, the required actions include restoring the protective
finish on the areas where the surface finish was removed. For airplanes
on which the aluminum-loaded primer and aluminum-loaded enamel coating
have not been applied or have not been properly applied, the required
actions include stripping the affected wing skin surfaces to bare metal
and applying alodine coating to those areas,

performing a detailed visual inspection of the stripped areas for any
sign of corrosion or deterioration of the protective alodine coating
and re-applying the protective alodine coating, and painting the
affected wing skin surfaces with aluminum-loaded primer and aluminum-
loaded enamel coating. You may obtain further information by examining
the MCAI in the AD docket.
    The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: Single failures, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
    The Joint Aviation Authorities (JAA) has issued a regulation that
is similar to SFAR 88. (The JAA is an associated body of the European
Civil Aviation Conference (ECAC) representing the civil aviation
regulatory authorities of a number of European States who have agreed
to co-operate in developing and implementing common safety regulatory
standards and procedures.) Under this regulation, the JAA stated that
all members of the ECAC that hold type certificates for transport
category airplanes are required to conduct a design review against
explosion risks.
    We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.

Relevant Service Information

    Bombardier has issued Service Bulletin 8-57-46, Revision `A,' dated
February 6, 2009. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

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

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 22 products of U.S. registry. We also estimate that
it would take about 24 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $42,240, or $1,920 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc. (Formerly de Havilland, Inc.): Docket No. FAA-2009-
0609; Directorate Identifier 2009-NM-037-AD.

Comments Due Date

    (a) We must receive comments by August 5, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-102, DHC-8-103,
DHC-8-106, DHC-8-201, and DHC-8-202 series airplanes; certificated
in any category; serial numbers 003 through 663 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    During a puncture voltage test of the aluminum-loaded paint on
an in-service DHC-8 aircraft, conducted to validate an SFAR 88
[Special Federal Aviation Regulation No. 88] related task,
Bombardier Aerospace (BA) discovered that the top wing fuel tank
skin between Yw171.20 and Yw261.00 was painted with a non-aluminized
enamel coating due to a misinterpretation of the painting
instructions in the Structural Repair Manual (SRM).
    With this type of paint application, it is possible that, in the
worst case scenario, a lightning strike could puncture the wing skin
and create an ignition source in the fuel tank.

    Ignition sources inside fuel tanks, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane. Required actions include performing
a functional check of the dielectric properties of the fuel tank
skin for aluminum-loaded primer and aluminum-loaded enamel coating.
For airplanes on which the aluminum-loaded primer and aluminum-
loaded enamel coating have been properly applied, the required
actions include restoring the protective finish on the areas where
the surface finish was removed. For airplanes on which the aluminum-
loaded primer and aluminum-loaded enamel coating have not been
applied or have not been properly applied, the required actions
include stripping the affected wing skin surfaces to bare metal and
applying alodine coating to those areas, performing a detailed
visual inspection of the stripped areas for any sign of corrosion or
deterioration of the protective alodine coating and re-applying the
protective alodine coating, and painting the affected wing skin
surfaces with aluminum-loaded primer and aluminum-loaded enamel
coating.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For airplanes on which Bombardier Modification 8/0024 has
not been done: Within 18 months after the effective date of this AD,
perform a functional check of the dielectric properties of the fuel
tank skin between Yw171.20 and Yw261.00 of the upper and lower wing
for aluminum-loaded primer and aluminum-loaded enamel coating, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 8-57-46, Revision `A', dated February 6, 2009.
    (2) For airplanes on which Bombardier Modification 8/0024 has
been done: Within 18 months after the effective date of this AD,
perform a functional check of the dielectric properties of the fuel
tank skin between Yw171.20 and Yw261.00 of the upper wing for
aluminum-loaded primer and aluminum-loaded enamel coating, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 8-57-46, Revision `A,' dated February 6, 2009.
    (3) If the functional check required by paragraph (f)(1) or
(f)(2) of this AD indicates that the aluminum-loaded primer and
aluminum-loaded enamel coating have been properly applied, as
defined in the Accomplishment Instructions of Bombardier Service
Bulletin 8-57-46, Revision `A,' dated February 6, 2009: Before
further flight, restore the protective finish on the areas where the
surface finish was removed for the functional check, in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
8-57-46, Revision `A,' dated February 6, 2009.
    (4) If the functional check required by paragraph (f)(1) or
(f)(2) of this AD indicates that the aluminum-loaded primer and
aluminum-loaded enamel coating have not been applied or have not
been properly applied, as defined in the Accomplishment Instructions
of Bombardier Service Bulletin 8-57-46, Revision `A,' dated February
6, 2009: Perform the actions required by paragraphs (f)(4)(i),
(f)(4)(ii), and (f)(4)(iii) of this AD in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 8-57-46,
Revision `A,' dated February 6, 2009 (``the service bulletin'').
    (i) Before further flight, strip the affected wing skin surfaces
to bare metal and apply alodine coating to those areas in accordance
with the service bulletin.
    (ii) Within 90 flight hours after performing the actions
required by paragraph (f)(4)(i) of this AD, and thereafter at
intervals not to exceed 90 flight hours: Perform a detailed visual
inspection of the stripped areas for any sign of corrosion or
deterioration of the protective alodine coating, and re-apply the
protective alodine coating, in accordance with the service bulletin.
    (iii) Within 3 months after performing the actions required by
paragraph (f)(1) or (f)(2) of this AD, as applicable: Paint the
affected wing skin surfaces with aluminum-loaded primer and
aluminum-loaded enamel coating in accordance with the service
bulletin.
    (5) Accomplishment of the actions required by paragraph (f)(1)
or (f)(2) of this AD, as applicable, before the effective date of
this AD in accordance with Bombardier Service Bulletin 8-57-46,
dated September 29, 2008, is acceptable for compliance with the
corresponding requirements of this AD.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. Send information to ATTN: Kyle Williams, Aerospace
Engineer, Systems and Flight Test Branch, ANE-172, FAA, New York
Aircraft Certification Office, 1600 Stewart Avenue, Suite 410,
Westbury, New York 11590; telephone<PHONE_NUMBER>; fax (516) 794-
5531. Before using any approved AMOC on any airplane to which the
AMOC applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to Canadian Airworthiness Directive CF-2009-05, dated
January 29, 2009, and Bombardier Service Bulletin 8-57-46, Revision
`A,' dated February 6, 2009, for related information.

    Issued in Renton, Washington, on June 25, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-15810 Filed 7-2-09; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49838-49840]
[FR Doc No: 2017-23437]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-5896]

Patient-Focused Drug Development: Guidance 1--Collecting
Comprehensive and Representative Input; Public Workshop; Request for
Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing a public
workshop to convene a discussion on methodological approaches that a
person seeking to collect patient experience data for submission to FDA
to inform regulatory decision making may use. The methods and
approaches would be considered relevant and objective, and ensure that
collected data are accurate and representative of the intended
population, including methods to collect meaningful patient input
throughout the drug development process and methodological
considerations for data collection, reporting, management, and
analysis. This workshop will inform development of patient-focused drug
development

guidance as required by the 21st Century Cures Act (Cures Act), and as
part of commitments made by FDA under the sixth reauthorization of the
Prescription Drug User Fee Act (PDUFA VI). FDA will publish a
discussion document approximately 1 month before the workshop date. FDA
is interested in seeking information and comments on the approaches
proposed in the discussion document. FDA is also interested in input on
examples where the approaches proposed in the discussion document have
been successfully applied that could be illustrated in the draft
guidance.

DATES: The public workshop will be held on December 18, 2017, from 9
a.m. to 5 p.m. Submit either electronic or written comments on this
public workshop by February 16, 2018. See the SUPPLEMENTARY INFORMATION
section for registration date and information.

ADDRESSES: The public workshop will be held at FDA's White Oak Campus,
10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great Room
(Rm. 1503), Silver Spring, MD 20993. Entrance for the public workshop
participants (non-FDA employees) is through Building 1 where routine
security check procedures will be performed. For parking and security
information, please refer to http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.
Workshop updates, agenda, and discussion document will be made
available at: https://www.fda.gov/Drugs/NewsEvents/ucm574725.htm prior
to the workshop.
    You may submit comments as follows. Please note that late, untimely
filed comments will not be considered. Electronic comments must be
submitted on or before February 16, 2018. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of February 16, 2018. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-N-5896 for ``Patient-Focused Drug Development: Guidance 1--
Collecting Comprehensive and Representative Input; Public Workshop;
Request for Comments.'' Received comments, those filed in a timely
manner (see ADDRESSES), will be placed in the docket and, except for
those submitted as ``Confidential Submissions,'' publicly viewable at
https://www.regulations.gov or at the Dockets Management Staff between
9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Meghana Chalasani, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 1146, Silver Spring, MD 20993-0002, 240-
402-6525, Fax:<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    This public workshop is intended to support FDA implementation of
requirements for guidance development under section 3002 of the Cures
Act and to meet a performance goal included in the sixth
reauthorization of PDUFA VI. This reauthorization, part of the FDA
Reauthorization Act of 2017 (FDARA) signed by the President on August
18, 2017, includes a number of performance goals and procedures that
are documented in the PDUFA VI Commitment Letter, which is available at
https://www.fda.gov/downloads/ForIndustry/UserFees/PrescriptionDrugUserFee/UCM511438.pdf.
    Section 3002 of Title III, Subtitle A of the Cures Act directs FDA
to develop patient-focused drug development guidance to address a
number of areas including under section 3002(c)(1): Methodological
approaches, which are relevant and objective and ensure that such data
are accurate and representative of the intended population, that a
person seeking to

collect patient experience data to inform regulatory decision making
may use.
    In addition, FDA committed to meet certain performance goals under
PDUFA VI. These goal commitments were developed in consultation with
patient and consumer advocates, health care professionals, and other
public stakeholders, as part of negotiations with regulated industry.
Section J.1 of the commitment letter, ``Enhancing the Incorporation of
the Patient's Voice in Drug Development and Decision-Making,'' (https://www.fda.gov/downloads/ForIndustry/UserFees/PrescriptionDrugUserFee/UCM511438.pdf) outlines work, including the development of a series of
guidance documents and associated public workshops to facilitate the
advancement and use of systematic approaches to collect and utilize
robust and meaningful patient and caregiver input that can more
consistently inform drug development, and, as appropriate, regulatory
decision making.
    Prior to the issuance of each guidance, as part of the development,
FDA will conduct a public workshop to gather input from the wider
community of patients, patient advocates, academic researchers, expert
practitioners, drug developers, and other stakeholders.

II. Purpose and Scope of Meeting

    FDA is announcing a public workshop to convene a discussion on
topics related to approaches to collecting comprehensive and
representative patient and caregiver input on burden of disease and
current therapy. The purpose of this public workshop is to obtain
feedback from stakeholders on considerations for: (1) Standardized
nomenclature and terminologies for patient-focused drug development,
(2) methods to collect meaningful patient input throughout the drug
development process, and (3) methodological considerations for data
collection, reporting, management, and analysis of patient input. FDA
is seeking information and comments from a broad range of stakeholders,
including patients, patient advocates, academic and medical
researchers, expert practitioners, drug developers, and other
interested persons. FDA will publish a discussion document outlining
the topic areas that will be addressed in the draft guidance. This
document will be published approximately 1 month before the workshop
date on the Web site at: https://www.fda.gov/Drugs/NewsEvents/ucm574725.htm. FDA is interested in seeking information and comments on
the approaches and considerations proposed in the discussion document,
as well as the examples provided. FDA is also interested in seeking
information and comments on additional examples where the approaches
proposed in the discussion document have been successfully applied that
could be included in guidance. After this public workshop, FDA will
take into consideration the stakeholder input from the workshop and the
public docket, and publish a draft guidance by the end of the third
quarter of fiscal year 2018.
    Registration: Interested parties are encouraged to register early.
To register electronically, please visit: https://pfdd.eventbrite.com.
Persons without access to the internet can call<PHONE_NUMBER> to
register. If you are unable to attend the meeting in person, you can
register to view a live webcast of the meeting. You will be asked to
indicate in your registration if you plan to attend in person or via
the webcast. Seating will be limited, so early registration is
recommended. Registration is free and will be on a first-come, first-
served basis. However, FDA may limit the number of participants from
each organization based on space limitations. Registrants will receive
confirmation once they have been accepted. Onsite registration on the
day of the meeting will be based on space availability.
    If you need special accommodations because of a disability, please
contact Meghana Chalasani (see FOR FURTHER INFORMATION CONTACT) at
least 7 days before the meeting.
    Request for Oral Presentations: There will be time allotted during
the workshop for open public comment. Sign-up for this session will be
on a first-come, first-serve basis on the day of the workshop.
Individuals and organizations with common interests are urged to
consolidate or coordinate, and request time for a joint presentation.
No commercial or promotional material will be permitted to be presented
or distributed at the public workshop.
    Transcripts: As soon as a transcript is available, FDA will post it
at https://www.fda.gov/Drugs/NewsEvents/ucm574725.htm.

    Dated: October 23, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-23437 Filed 10-26-17; 8:45 am]
BILLING CODE 4164-01-P


***** Draft Confidential and Deliberative ; Do not Cite or Quote *****

File name: stratus. benefit. schedule. agelags. july06. xls This workbook was prepared by Status Consulting Inc. 7/ 2/ 04 contacts: Liz Strange or Dave Cacela 303.381.8000 Worksheet Description benefit. schedule The table " benefit. schedule" presents estimates of the fraction of total benefit that are expected to be realized in years subsequent to the year of rule implementation. The fractions represent the delay in realization due to the fact that avoided fish deaths occur mainly for fish that are not of harvestable age,

so use benefits of saving such fish are realized at a later time, typically 3 4 years later. This version of the benefits schedule is based on a generalized estimate of delays that are intended to reflect the age and species composition of I& E losses on a national basis. The basic set of parameters used in this schedule is < 0.1, 0.2, 0.8, 0.9, 0.95, 1 >, which indicates the fraction of the long term annual average that will be realized 1,2,3,4,5 and 6 years after implementation. Beyond 6 years the fraction is defined as 1. These parameters are approximations based on a review of the age specific fishing mortality rates and best professional judgment. Estimates are presented by region and by option. The year of implementation is defined as the average year within each region and option.

source. data the table " source. data" is a copy of a table previsously provided by Abt as part of Average. Compliance. Years. 6 14 04. xls. The table indicates the average compliance year by region and option, which is reiterated as " average year" in the benefit. schedule DCTM_ ARP. xls ; File Info page 1 of 5 6/ 21/ 2006 region average. year option ben2007 ben2008 ben2009 ben2010 ben2011 ben2012 ben2013 ben2014 california 2012 option1 0 0 0 0 0 0 0.1 0.2 california 2012 option2 0 0 0 0 0 0 0.1 0.2 california 2010 option3 0 0 0 0 0.1 0.2 0.8 0.9 california 2012 option4 0 0 0 0 0 0 0.1 0.2 california 2010 option5 0 0 0 0 0.1 0.2 0.8 0.9 california 2012 option6 0 0 0 0 0 0 0.1 0.2 california 2010 option7 0 0 0 0 0.1 0.2 0.8 0.9 greatlakes 2012 option1 0 0 0 0 0 0 0.1 0.2 greatlakes 2012 option2 0 0 0 0 0 0 0.1 0.2 greatlakes 2012 option3 0 0 0 0 0 0 0.1 0.2 greatlakes 2012 option4 0 0 0 0 0 0 0.1 0.2 greatlakes 2012 option5 0 0 0 0 0 0 0.1 0.2 greatlakes 2012 option6 0 0 0 0 0 0 0.1 0.2 greatlakes 2011 option7 0 0 0 0 0 0.1 0.2 0.8 gulfmexico 2011 option1 0 0 0 0 0 0.1 0.2 0.8 gulfmexico 2011 option2 0 0 0 0 0 0.1 0.2 0.8 gulfmexico 2011 option3 0 0 0 0 0 0.1 0.2 0.8 gulfmexico 2011 option4 0 0 0 0 0 0.1 0.2 0.8 gulfmexico 2011 option5 0 0 0 0 0 0.1 0.2 0.8 gulfmexico 2011 option6 0 0 0 0 0 0.1 0.2 0.8 gulfmexico 2011 option7 0 0 0 0 0 0.1 0.2 0.8 inland 2012 option1 0 0 0 0 0 0 0.1 0.2 inland 2012 option2 0 0 0 0 0 0 0.1 0.2 inland 2012 option3 0 0 0 0 0 0 0.1 0.2 inland 2012 option4 0 0 0 0 0 0 0.1 0.2 inland 2012 option5 0 0 0 0 0 0 0.1 0.2 inland 2012 option6 0 0 0 0 0 0 0.1 0.2 inland 2012 option7 0 0 0 0 0 0 0.1 0.2 midatlantic 2011 option1 0 0 0 0 0 0.1 0.2 0.8 midatlantic 2011 option2 0 0 0 0 0 0.1 0.2 0.8 midatlantic 2011 option3 0 0 0 0 0 0.1 0.2 0.8 midatlantic 2011 option4 0 0 0 0 0 0.1 0.2 0.8 midatlantic 2012 option5 0 0 0 0 0 0 0.1 0.2 midatlantic 2012 option6 0 0 0 0 0 0 0.1 0.2 midatlantic 2012 option7 0 0 0 0 0 0 0.1 0.2 northatlantic 2010 option1 0 0 0 0 0.1 0.2 0.8 0.9 northatlantic 2010 option2 0 0 0 0 0.1 0.2 0.8 0.9 northatlantic 2010 option3 0 0 0 0 0.1 0.2 0.8 0.9 northatlantic 2010 option4 0 0 0 0 0.1 0.2 0.8 0.9 northatlantic 2010 option5 0 0 0 0 0.1 0.2 0.8 0.9 northatlantic 2010 option6 0 0 0 0 0.1 0.2 0.8 0.9 northatlantic 2010 option7 0 0 0 0 0.1 0.2 0.8 0.9 ben2015 ben2016 ben2017 ben2018 ben2019 ben2020 0.8 0.9 0.95 1 1 1 0.8 0.9 0.95 1 1 1 0.95 1 1 1 1 1 0.8 0.9 0.95 1 1 1 0.95 1 1 1 1 1 0.8 0.9 0.95 1 1 1 0.95 1 1 1 1 1 0.8 0.9 0.95 1 1 1 0.8 0.9 0.95 1 1 1 0.8 0.9 0.95 1 1 1 0.8 0.9 0.95 1 1 1 0.8 0.9 0.95 1 1 1 0.8 0.9 0.95 1 1 1 0.9 0.95 1 1 1 1 0.9 0.95 1 1 1 1 0.9 0.95 1 1 1 1 0.9 0.95 1 1 1 1 0.9 0.95 1 1 1 1 0.9 0.95 1 1 1 1 0.9 0.95 1 1 1 1 0.9 0.95 1 1 1 1 0.8 0.9 0.95 1 1 1 0.8 0.9 0.95 1 1 1 0.8 0.9 0.95 1 1 1 0.8 0.9 0.95 1 1 1 0.8 0.9 0.95 1 1 1 0.8 0.9 0.95 1 1 1 0.8 0.9 0.95 1 1 1 0.9 0.95 1 1 1 1 0.9 0.95 1 1 1 1 0.9 0.95 1 1 1 1 0.9 0.95 1 1 1 1 0.8 0.9 0.95 1 1 1 0.8 0.9 0.95 1 1 1 0.8 0.9 0.95 1 1 1 0.95 1 1 1 1 1 0.95 1 1 1 1 1 0.95 1 1 1 1 1 0.95 1 1 1 1 1 0.95 1 1 1 1 1 0.95 1 1 1 1 1 0.95 1 1 1 1 1 note. ssc july06; no regional distinctions or phase in effects; implement. delay. factors. ssc july06; no regional distinctions or phase in effects; implement. delay. factors. ssc july06; no regional distinctions or phase in effects; implement. delay. factors. ssc july06; no regional distinctions or phase in effects; implement. delay. factors. ssc july06; no regional distinctions or phase in effects; implement. delay. factors. ssc july06; no regional distinctions or phase in effects; implement. delay. factors. ssc july06; no regional distinctions or phase in effects; implement. delay. factors. ssc july06; no regional distinctions or phase in effects; implement. delay. factors. ssc july06; no regional distinctions or phase in effects; implement. delay. factors. ssc july06; no regional distinctions or phase in effects; implement. delay. factors. ssc july06; no regional distinctions or phase in effects; implement. delay. factors. ssc july06; no regional distinctions or phase in effects; implement. delay. factors. ssc july06; 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Source: Stratus Consulting. P:\ INTAKE\ Intake8\ ie. modeling\ data\ input. workbooks\ design\ Average. Compliance. Years. 6 14 04. xls 2010 2011 2012 2013 2014 Total Average Option 1 Inl 33.3 26.1 31.1 28.5 10.4 129.3 2012 Cal 1.1   2.8  3.9 2012 MA 2.1  1.3 1.1  4.4 2011 GL 4.3 13.3 16.7 3.3 2.3 39.8 2012 NA 2.0 1.8    3.8 2010 Mex  12.1    12.1 2011 Option 2 Inl 30.5 26.1 25.5 28.5 10.4 121.0 2012 Cal 1.1   2.8  3.9 2012 MA 2.1  1.3 1.1  4.4 2011 GL 4.3 13.3 16.7 3.3 2.3 39.8 2012 NA 2.0 1.8    3.8 2010 Mex  12.1    12.1 2011 Option 3 Inl 30.5 26.1 25.5 28.5 10.4 121.0 2012 Cal 1.1     1.1 2010 MA 2.1  1.3 1.1  4.4 2011 GL 4.3 7.9 10.6 3.3 1.3 27.2 2012 NA 2.0 1.8    3.8 2010 Mex  6.7    6.7 2011 Option 4 Inl 15.7 17.9 11.2 17.0 2.3 64.1 2012 Cal 1.1   2.8  3.9 2012 MA 2.1  1.3 1.1  4.4 2011 GL 4.3 13.3 16.7 3.3 2.3 39.8 2012 NA 2.0 1.8    3.8 2010 Mex  12.1    12.1 2011 Option 5 Inl 15.7 17.9 11.2 17.0 2.3 64.1 2012 Cal 1.1     1.1 2010 MA 1.1  1.3 1.1  3.4 2012 GL 4.3 6.9 4.4 3.3 1.3 20.1 2012 NA 2.0 1.8    3.8 2010 Mex  6.7    6.7 2011 Option 6 Inl 38.1 41.5 48.7 40.4 20.2 188.9 2012 Cal 1.1   2.8  3.9 2012 MA 2.1  1.3 1.1 1.0 5.4 2012 GL 4.3 23.3 16.7 7.4 5.1 56.7 2012 NA 2.0 1.8    3.8 2010 Mex  12.1    12.1 2011 Option 7 Inl 26.4 18.9 19.8 22.3 10.4 97.7 2012 Cal 1.1     1.1 2010 MA 1.1  1.3 1.1  3.4 2012 GL 4.3 7.9 4.4 3.3 1.3 21.1 2011 NA 2.0 1.8    3.8 2010 Mex  6.7    6.7 2011 DCTM_ ARP. xls ; source. data page 5 of 5 6/ 21/ 2006