[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Rules and Regulations]
[Pages 42799-42804]
[FR Doc No: 2019-17494]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 3, 61, 63, and 65

[Docket No.: FAA-2018-0656; Amendment Nos. 3-2, 61-143, 63-42, and 65-
59]
RIN 2120-AL04

Security Threat Disqualification Update

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

ACTION: Final rule.

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SUMMARY: The FAA is amending and consolidating the security threat
disqualification regulations. This final rule establishes the FAA's
procedures in regulation for amending, modifying, suspending, and
revoking FAA-issued certificates and any part of such certificates
issued to individuals based on written notification by the
Transportation Security Administration (TSA) that a certificate holder
poses a security threat. The final rule also clarifies the FAA's
process for denying or holding in abeyance applications for
certificates and any parts of such certificates when the TSA notifies
the FAA that an applicant poses a security threat.

DATES: Effective October 18, 2019.

ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this final rule, see ``How
To Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.

FOR FURTHER INFORMATION CONTACT: For questions concerning this action,
contact Courtney Freeman, Office of the Chief Counsel, AGC-200, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code (49 U.S.C). 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.
    This rulemaking is promulgated under 49 U.S.C. 106(f), which
establishes the authority of the Administrator to promulgate
regulations and rules; and 49 U.S.C. 44701(a)(5), which requires the
Administrator to promote safe flight of civil aircraft in air commerce
by prescribing regulations and setting minimum standards for other
practices, methods, and procedures necessary for safety in air commerce
and national security.
    This rulemaking is also promulgated pursuant to 49 U.S.C. 46111,
which requires the Administrator to amend, modify, suspend, or revoke
any certificate or any part of a certificate issued under Title 49 when
the TSA notifies the FAA that the holder of the certificate poses or is
suspected of posing a risk of air piracy or terrorism or a threat to
airline or passenger safety.
    Additionally, this rulemaking is promulgated pursuant to 49 U.S.C.
44903(j)(2)(D)(i), which requires that TSA coordinate with the
Administrator of the FAA to ensure that individuals are screened before
being certificated by the FAA. Thus, the FAA will not issue a
certificate to a screened individual identified by TSA as a security
threat.

I. Executive Summary

A. Purpose of the Regulatory Action

    This rulemaking amends the current FAA security threat
disqualification regulations in title 14 of the Code of Federal
Regulations (14 CFR) Sec. Sec.  61.18, 63.14, and 65.14 and
consolidates them into part 3 of 14 CFR. Those regulations provide, in
sum, that no person is eligible to hold a certificate, rating, or
authorization issued under each corresponding or respective part when
the TSA notifies the FAA in writing of an adverse security threat
determination.
    Since 2004, the FAA has not applied these regulations to United
States (U.S.) citizens or resident aliens, instead relying on the
statutory authority in 49 U.S.C. 46111, Public Law 108-176 (December
12, 2003), and 49 U.S.C. 44903(j)(2)(D)(i), Public Law 108-458
(December 17, 2004), enacted after the FAA issued its security threat
disqualification regulations. Section 46111 directs the FAA to take
action against ``any part of a certificate'' issued under Title 49 in
response to a security threat determination by the TSA and also
provides a hearing and appeal

process for U.S. citizens. Section 44903(j)(2)(D)(i) provides that
individuals will be screened against the consolidated and integrated
terrorist watchlist maintained by the federal government prior to being
certificated by the FAA. This final rule is necessary to conform the
previously-cited FAA regulations to 49 U.S.C. 46111 and
44903(j)(2)(D)(i) and to clarify the FAA's process for preventing the
issuance of certificates to applicants that the TSA finds to be
security threats.
    Consistent with 49 U.S.C. 46111 and 44903(j)(2)(D)(i), the security
threat regulations in this final rule describe the actions the FAA will
take on a certificate or certificate application when it receives
notification from the TSA that an individual is a security threat. The
FAA will not issue a certificate or any part of a certificate when the
TSA has notified the FAA in writing that the individual poses, or is
suspected of posing, a risk of air piracy or terrorism or a threat to
airline or passenger safety. For certificates already issued, the FAA
will amend, modify, suspend, or revoke any FAA-issued certificate or
part of such certificate upon written notification from the TSA that
the certificate holder poses, or is suspected of posing, a risk of air
piracy or terrorism or a threat to airline or passenger safety.\1\
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    \1\ The TSA directs the specific action the FAA should take on
the certificate and includes that information in the letter
notifying the FAA of the security threat determination.
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B. Costs and Benefits

    The final rule provides similar requirements found in the existing
security threat disqualification regulations. Thus, the final rule will
not impose any new costs to the industry.

II. Background

A. Current Statutory and Regulatory Structure Governing Security Threat
Disqualification

    In response to the attack on the U.S. on September 11, 2001, the
FAA issued the current security threat disqualification regulations to
prevent a possible imminent hazard to aircraft, persons, and property
within the United States. Specifically, in 2003, the FAA, in
consultation with the TSA, determined that security threat
disqualification regulations were necessary to minimize security
threats and potential security vulnerabilities to the fullest extent
possible. The FAA, the TSA, and other federal security agencies were
concerned about the potential use of aircraft to carry out further
terrorist acts in the United States. Accordingly, the FAA issued a
final rule, Ineligibility for an Airman Certificate Based on Security
Grounds, 68 FR 3772 (January 24, 2003). This 2003 final rule provides
that an individual determined by the TSA to be a security threat is
ineligible for airman certification and thus cannot hold an FAA-issued
airman certificate. The FAA took this action because a person who poses
a security threat should not be in a position that could be used to
take actions that are contrary to civil aviation security and,
therefore, safety in air commerce. These security threat
disqualification regulations are found in current Sec. Sec.  61.18,
63.14, and 65.14.
    Subsequent to the issuance of the current FAA security threat
disqualification regulations, the President signed into law 49 U.S.C.
46111 \2\ and 49 U.S.C. 44903(j)(2)(D)(i).\3\ Section 46111 requires
the FAA to amend, modify, suspend, or revoke certificates or any part
of a certificate issued under Title 49, when the TSA informs the FAA
that the holder ``poses, or is suspected of posing, a risk of air
piracy or terrorism or a threat to airline or passenger safety.'' Under
Sec.  44903(j)(2)(D)(i), the TSA and the FAA must work together to
``ensure that individuals are screened before being certificated by the
[FAA].''
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    \2\ Vision 100--Century of Aviation Reauthorization Act, Public
Law 108-176, 117 Stat. 2490 (Dec. 12, 2003).
    \3\ Intelligence Reform and Terrorism Prevention Act, Public Law
108-458, 118 Stat. 3638 (Dec. 17, 2004).
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    After the enactment of these statutory provisions, the FAA did not
update its regulations. However, the FAA did publish in the Federal
Register its disposition of comments to the 2003 final rule.\4\ In the
comment disposition, the FAA noted that, if additional rulemaking was
necessary to reflect the statutory requirements of Sec.  46111, the FAA
would utilize notice and comment rulemaking. In addition, the FAA
summarized two D.C. Circuit cases from 2004 that sought judicial review
of the FAA and the TSA security threat disqualification regulations. In
one of those cases, Coalition of Airline Pilots Associations v. FAA,
370 F.3d 1184 (D.C. Cir. 2004), the FAA, the TSA, and the Department of
Justice pledged that they would not apply existing regulations to U.S.
citizens or resident aliens. This case is further addressed in the
Discussion of Final Rule section of this preamble.\5\
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    \4\ Ineligibility for an Airman Certificate Based on Security
Grounds, 70 FR 25761 (May 16, 2005).
    \5\ Memorandum to the Dockets, TSA Rulemaking Dockets Nos. TSA-
2002-13732 and TSA-2002-13733, Transportation Security
Administration, U.S. Department of Homeland Security (Mar. 16,
2004).
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B. Summary of the Notice of Proposed Rulemaking

    The FAA published the Notice of Proposed Rulemaking (NPRM) on July
23, 2018.\6\ Generally, the proposal would establish in regulation the
security threat disqualification requirement mandated in 49 U.S.C.
46111 and 44903(j)(2)(D)(i). In the NPRM, the FAA proposed to establish
in regulation the FAA's process for amending, modifying, suspending,
and revoking FAA-issued certificates and any part of such certificates
issued to individuals under Title 49 based on the TSA's written
notification that a certificate holder poses a security threat. The FAA
also proposed to clarify the FAA's process for denying or holding in
abeyance applications for certificates and any parts of such
certificates when the TSA notifies the FAA that an applicant poses a
security threat.
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    \6\ 83 FR 34795 (July 23, 2018)
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C. General Overview of Comments

    The FAA received one comment on the NPRM, and it was not within the
scope of the proposal.

III. Discussion of Final Rule

A. Scope

    The final rule codifies, in 14 CFR, the FAA's authority to amend,
modify, suspend, and revoke FAA-issued certificates and any part of
such certificates issued to individuals under Title 49 of the United
States Code based on the TSA's written notification that a certificate
holder poses a security threat. The final rule also clarifies the FAA's
authority to deny or hold in abeyance applications for certificates and
any parts of such certificates when the TSA notifies the FAA that an
applicant poses a security threat. The final rule also codifies the
security threat disqualification requirement mandated in 49 U.S.C.
46111 and 44903(j)(2)(D)(i).
    Both 49 U.S.C. 46111 and 44903(j)(2)(D)(i), on which this rule
relies, refer to certificate holders and applicants in terms of
individuals, rather than entities.\7\ Accordingly, this

final rule addresses only individuals who hold or are applying for
certificates issued under Title 49. There is separate statutory
authority for FAA certificate action against entities based on TSA
security threat determinations.\8\
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    \7\ See, e.g., 49 U.S.C. 46111(b) (allowing ``individuals'' who
are U.S. citizens to have a hearing on the record); Sec.  46111(f)
(``An individual who commences an appeal''); Sec.  46111(g)(3)
(``upon request of the individual adversely affected by an order of
the [FAA] Administrator''); 49 U.S.C. 44903(j)(2)(D)(i) (requiring
screening of ``individuals''); Cf. Transportation Security
Administration (TSA) Vetting of Airmen Certificates and General
Aviation Airport Access and Security Procedures, DHS OIG (July
2011), https://www.oig.dhs.gov/assets/Mgmt/OIG_11-96_Jul11.pdf;
Memorandum To The Dockets, TSA Rulemaking Dockets Nos. TSA-2002-
13732 and TSA-2002-13733, Transportation Security Administration,
U.S. Department of Homeland Security (Mar. 16, 2004).
    \8\ For example, 49 U.S.C. 44924, provides for FAA suspension or
revocation of a repair station's certificate based on a TSA
determination regarding the repair station's security measures and
security risk.
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B. Certificate Applicants

    While 49 U.S.C. 46111 sets out a mechanism by which the FAA handles
the amendment, modification, suspension, or revocation of an
individual's certificate, it is silent as to how the FAA should handle
security threat determinations at the certificate application stage.
This final rule codifies the FAA's current process for preventing the
issuance of any certificate to an individual at the application stage
when the TSA finds the individual to be a security threat. The FAA's
authority to deny or hold in abeyance an individual's certificate
application based on the TSA's written notification that an individual
poses a security threat is necessary to implement 49 U.S.C.
44903(j)(2)(D)(i), which requires the FAA to coordinate with the TSA to
ensure that certificate applicants are screened against all appropriate
records in the consolidated and integrated terrorist watchlist
maintained by the Federal Government before being certificated by the
FAA.
    The FAA must not issue certificates to any individual who the TSA
finds to be a security threat. This final rule provides that, upon
notification from the TSA, the FAA would hold in abeyance the
individual's application(s) during an appeal to the TSA of its security
threat determination. The FAA will deny an application only upon the
TSA's notification of a final security threat determination.
Alternatively, if the TSA notifies the FAA that it has withdrawn its
security threat determination, the FAA will continue processing the
application.

C. Application of Regulations to U.S. Citizens and Resident Aliens

    The FAA will apply the security threat disqualification regulations
to all individuals, including U.S. citizens and resident aliens, who
hold FAA-issued certificates or are applying for these certificates.
This approach will conform the security threat disqualification
regulations with 49 U.S.C. 46111 and 44903(j)(2)(D)(i). It will also
close a gap in the FAA's security threat disqualification regulations
which are currently not applied to U.S. citizens and resident aliens
pursuant to a pledge made by the FAA and the TSA as a result of
Coalition of Airline Pilots Associations v. FAA, 370 F.3d 1184 (D.C.
Cir. 2004). In Coalition of Airline Pilots Associations, unions
representing aviation workers raised various challenges to the current
TSA and the FAA security threat disqualification regulations. The D.C.
Circuit never reached the merits of the unions' claims. Instead, the
Court dismissed the unions' petition for review, finding that
intervening events had mooted their claims, specifically the new laws
enacted by Congress. Both the TSA and the FAA pledged that the existing
security threat regulations would no longer be applied to U.S. citizens
or resident aliens as a result of the enactment of 49 U.S.C. 46111,
which provides a different mechanism for TSA security threat
determinations and appeal procedures for U.S. citizens.\9\ The agencies
also noted that, when they issued new security threat disqualification
regulations, they would do so pursuant to notice and comment
rulemaking. Another D.C. Circuit decision, decided on the same day as
Coalition of Airline Pilots Associations, upheld the application of the
same FAA security threat disqualification regulations to non-resident
aliens because the regulations provide sufficient due process for non-
resident aliens. Jifry v. FAA, 370 F.3d 1174 (D.C. Cir. 2004).
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    \9\ Memorandum to the Dockets, TSA Rulemaking Dockets Nos. TSA-
2002-13732 and TSA-2002-13733, Transportation Security
Administration, U.S. Department of Homeland Security (Mar. 16,
2004).
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    This final rule establishes regulations that apply equally to all
certificate holders and applicants.

D. TSA Security Threat Determinations and Appeals

    In the case of a security threat disqualification, the certificate
action or application denial will be based solely on the TSA's
applicant vetting and security threat determinations, as mandated under
49 U.S.C. 46111 and 44903(j)(2)(D)(i). TSA's vetting and security
threat determination authority is provided for in the Aviation and
Transportation Security Act, Public Law 107-71 (115 stat. 597, November
19, 2001). The FAA relies on TSA to make these security threat
determinations and is not privy to the evidentiary basis for them.
Therefore, the FAA's certificate actions and application denials are
based solely on written notification by the TSA of a security threat
determination against an individual. Accordingly, appeals of the
security threat determinations made by the TSA are made through the
TSA's administrative appeal process.\10\
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    \10\ See 49 U.S.C. 46111. TSA currently is using interim redress
procedures for U.S. citizens, U.S. non-citizen nationals, and lawful
permanent resident certificate holders. While Sec.  46111 does not
require that TSA provide review by an Administrative Law Judge (ALJ)
to U.S. non-citizen nationals and lawful permanent residents, TSA
has chosen to do so in its interim procedures. TSA also provides
U.S. non-citizen nationals and lawful permanent residents with
review by the TSA Final Decision Maker if those individuals choose
to appeal an ALJ's decision.
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    The FAA's certificate denials are generally covered under 49 U.S.C.
44703 and, therefore, are appealable to the National Transportation
Safety Board (NTSB). In cases of security threat disqualifications, if
the certificate action is appealable to the NTSB, the FAA does not
anticipate that the scope of these appeals will extend beyond an
examination of the procedural ground for the certificate action or
application denial because an affected individual will be provided the
opportunity to challenge the substance of TSA's security threat
determination under TSA's appeal process.\11\
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    \11\ The appropriate venue for appealing a certificate action
based on a security threat determination was also discussed
substantially in Jifry v. FAA, 370 F.3d 1174 (D.C. Cir. 2004). The
court stated that ``Section 46111 makes no provision for NTSB review
even for citizens, and the Conference Report states that non-
resident aliens `have the right to the appeal procedures that [TSA]
has already provided for them.' H.R. Conf. Rpt. 108-334 at 152
(2003). In addition, Sec.  46111(a) requires the FAA to respond
automatically to TSA threat assessments . . . if these pilots retain
any right to NTSB review at all, it is no broader than the review
for procedural regularity that they have received . . .'' Jifry at
1180.
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IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, the Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L.

104-4) requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this final rule.
    The existing security threat disqualification regulations in 14 CFR
61.18, 63.14, and 65.14 disqualify any person who the TSA has found to
be a security threat from obtaining an FAA certificate. These
regulations went into effect on January 24, 2003. A year later, the
authority in 49 U.S.C. 46111 and 49 U.S.C. 44903(j)(2)(D)(i) became
law. Section 46111 directs the FAA to take action against the holder of
any part of a certificate in response to a security threat
determination by the TSA and also provides an appeal process for U.S.
citizens. Section 44903(j)(2)(D)(i) directs TSA to coordinate with the
FAA to ensure that individuals are screened against a consolidated and
integrated terrorist watchlist maintained by the Federal Government
prior to being certificated by the FAA. The existing regulations and
the statutory authority are virtually identical, and the FAA has been
relying on the statutory authority, not the existing regulations, to
prevent individuals who are security threats from obtaining or holding
a certificate. The FAA has not updated its regulations since the
enactment of statutory authority 49 U.S.C. 46111 and 49 U.S.C.
44903(j)(2)(D)(i). Since there are no new requirements in the final
rule, the expected outcome will be a minimal cost, if any.
    The FAA has, therefore, determined that this final rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation.'' To achieve this principle, agencies are
required to solicit and consider flexible regulatory proposals and to
explain the rationale for their actions to assure that such proposals
are given serious consideration. The RFA covers a wide-range of small
entities, including small businesses, not-for-profit organizations, and
small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to have a
significant economic impact on a substantial number of small entities,
section 605(b) of the RFA provides that the head of the agency may so
certify and a regulatory flexibility analysis is not required. The
certification must include a statement providing the factual basis for
this determination, and the reasoning should be clear.
    The final rule provides requirements based on the existing
statutory authority located at 49 U.S.C. 46111 and 49 U.S.C.
44903(j)(2)(D)(i). Thus, the final rule will not impose any new costs
to the industry. The expected outcome would be a minimal economic
impact on any small entity affected by this rulemaking action.
    If an agency determines that a rulemaking will not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the RFA.
Therefore, as provided in section 605(b), the head of the FAA certifies
that this rulemaking will not result in a significant economic impact
on a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the U.S.,
so long as the standard has a legitimate domestic objective, such as
the protection of safety, and does not operate in a manner that
excludes imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this final rule and determined that the objective
of the rule is for the safety of the American public and is therefore
not considered an unnecessary obstacle to the foreign commerce of the
United States.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $155 million in lieu of $100
million. This final rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information collection associated with
this final rule.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to this final rule.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6 and involves no extraordinary
circumstances.

H. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a `major rule', as defined by 5 U.S.C. 804(2).

V. Executive Order Determinations

A. Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs

    This rule is not subject to the requirements of E.O. 13771 (82 FR
9339, February 3, 2017) because it is issued with respect to a national
security function of the United States.

B. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency determined
that this action will not have a substantial direct effect on the
States, or the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and, therefore, does not have Federalism
implications.

C. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use

    The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
is not a ``significant energy action'' under the executive order and it
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.

D. Executive Order 13609, International Cooperation

    Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.

VI. How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by
using the internet--
    1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visit the FAA's Regulations and Policies web page at http://www.faa.gov/regulations_policies/ or
    3. Access the Government Printing Office's web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request (identified by
notice, amendment, or docket number of this rulemaking) to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling<PHONE_NUMBER>.

B. Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the
docket number for this action. Anyone is able to search the electronic
form of all comments received into any of the FAA's dockets by the name
of the individual submitting the comment (or signing the comment, if
submitted on behalf of an association, business, labor union, etc.).

C. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document,
may contact its local FAA official, or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 3

    Aviation safety.

14 CFR Part 61

    Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse,
Recreation and recreation areas, Reporting and recordkeeping
requirements, Security measures, Teachers.

14 CFR Part 63

    Aircraft, Airman, Alcohol abuse, Aviation safety, Drug abuse,
Navigation (air), Reporting and recordkeeping requirements, Security
measures.

14 CFR Part 65

    Air traffic controllers, Aircraft, Airmen, Airports, Alcohol abuse,
Aviation safety, Drug abuse, Reporting and recordkeeping requirements,
Security measures.

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends chapter 1 of title 14, Code of Federal
Regulations as follows:

PART 3--GENERAL REQUIREMENTS

0
1. The authority citation for part 3 is revised to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44704, and 46111.

0
2. Add a new subpart A to part 3 to read as follows:

Subpart A--General Requirements Concerning Type Certificated
Products or Products, Parts, Appliances, or Materials That May Be
Used on Type-Certificated Products

0
3. Redesignate Sec. Sec.  3.1 and 3.5 to subpart A.

0
4. Add new subpart B to read as follows:

Subpart B--Security Threat Disqualification

Sec.
3.200 Effect of Transportation Security Administration notification
on a certificate or any part of a certificate held by an individual.
3.205 Effect of Transportation Security Administration notification
on applications by individuals for a certificate or any part of a
certificate.

Sec.  3.200  Effect of Transportation Security Administration
notification on a certificate or any part of a certificate held by an
individual.

    When the Transportation Security Administration (TSA) notifies the
FAA that an individual holding a certificate or part of a certificate
issued by the FAA poses, or is suspected of posing, a risk of air
piracy or terrorism or a threat to airline or passenger safety, the FAA
will issue an order amending, modifying, suspending, or revoking any
certificate or part of a certificate issued by the FAA.

Sec.  3.205  Effect of Transportation Security Administration
notification on applications by individuals for a certificate or any
part of a certificate.

    (a) When the TSA notifies the FAA that an individual who has
applied for a certificate or any part of a certificate issued by the
FAA poses, or is suspected of posing, a risk of air piracy or terrorism
or a threat to airline or passenger safety, the FAA will hold the
individual's certificate applications in abeyance pending further
notification from the TSA.
    (b) When the TSA notifies the FAA that the TSA has made a final
security threat determination regarding an individual, the FAA will
deny all the individual's certificate applications. Alternatively, if
the TSA notifies the FAA that it has withdrawn its security threat
determination, the FAA will

continue processing the individual's applications.

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS

0
5. The authority citation for part 61 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707,
44709-44711, 44729, 44903, 45102-45103, 45301-45302; Sec. 2307 Pub.
L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note).

Sec.  61.18  [Removed and Reserved]

0
6. Remove and reserve Sec.  61.18.

PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS

0
7. The authority citation for part 63 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.

Sec.  63.14  [Removed and Reserved]

0
8. Remove and reserve Sec.  63.14.

PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

0
9. The authority citation for part 65 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g). 40113, 44701-44703, 44707,
44709-44711, 45102-45103, 45301-45302.

Sec.  65.14  [Removed and Reserved]

0
10. Remove and reserve Sec.  65.14.

    Issued, under the authority provided by 49 U.S.C. 106(f), 46111,
and 44903(j) in Washington, DC, on August 1, 2019.
Daniel K. Elwell,
Acting Administrator.
[FR Doc. 2019-17494 Filed 8-16-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3812-3813]
[FR Doc No: 2018-01419]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82565; File No. SR-NYSE-2017-42]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Designation of a Longer Period for Commission Action on
Proposed Rule Change To Amend the NYSE Listed Company Manual To Modify
Its Requirements With Respect to Physical Delivery of Proxy Materials
to the Exchange

January 22, 2018.
    On November 22, 2017, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend the NYSE Listed Company Manual (the
``Manual'') to modify its requirements with respect to the physical
delivery of proxy materials to the Exchange. The proposed rule change
was published for comment in the

Federal Register on December 12, 2017.\3\ The Commission received no
comments on 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. 82225 (December 6,
2017), 82 FR 58473.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this filing is January 26,
2018.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period within which to take action on
the proposed rule change so that it has sufficient time to consider the
Exchange's proposal. Accordingly, pursuant to Section 19(b)(2) of the
Act,\5\ the Commission designates March 12, 2018, as the date by which
the Commission shall either approve or disapprove or institute
proceedings to determine whether to disapprove the proposed rule change
(File No. SR-NYSE-2017-42).
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
    \6\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-01419 Filed 1-25-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Proposed Rules]
[Pages 78885-78887]
[FR Doc No: 2022-27931]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1614; Airspace Docket No. 22-ASO-28]
RIN 2120-AA66

Proposed Amendment of Class D and Class E Airspace; Macon, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class D airspace, Class E
surface airspace, and Class E airspace extending upward from 700 feet
above the surface at Middle Georgia Regional Airport, Macon, GA, as a
result of the biennial airspace evaluation. This action would extend
the Class D airspace and Class E surface airspace for the airport and
reduce Class E airspace upward from 700 feet above the surface
surrounding Middle Georgia Regional and Macon Downtown Airports. The
extension of Class D and Class E surface airspace at Middle Georgia
Regional Airport will not impact the Class D or Class E surface
airspace boundaries of Robins AFB. Controlled airspace is necessary for
the safety and management of instrument flight rules (IFR) operations
in the area.

DATES: Comments must be received on or before February 6, 2023.

ADDRESSES: Send comments on this proposal to: U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
Telephone:<PHONE_NUMBER>, or<PHONE_NUMBER>.
    You must identify Docket No. FAA-2022-1614; Airspace Docket No. 22-
ASO-28 at the beginning of your comments. You may also submit comments
through the internet at www.regulations.gov.
    FAA Order JO 7400.11G Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information,

you can contact the Airspace Policy Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
Telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT:  Jennifer Ledford, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it would amend airspace for Middle Georgia Regional Airport, Macon,
GA, to support IFR operations in the area.

Comments Invited

    Interested persons are invited to comment on this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (Docket No. FAA-
2022-1614 and Airspace Docket No. 22-ASO-28) and be submitted in
triplicate to DOT Docket Operations (see ADDRESSES section for the
address and phone number). You may also submit comments through the
internet at www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2022-1614; Airspace Docket No. 22-ASO-28.'' The postcard
will be dated/time-stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this document may be changed in light of the
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except on federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except for federal holidays at the
office of the Eastern Service Center, Federal Aviation Administration,
Room 350,1701 Columbia Avenue, College Park, GA 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, dated August 19, 2022, and effective
September 15, 2022. FAA Order JO 7400.11G is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11G
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA proposes an amendment to 14 CFR part 71 to amend Class D
airspace for Middle Georgia Regional Airport by extending the airspace
from a 4.1-mile radius to a 4.9-mile radius surrounding the airport.
Class E surface airspace would also be amended for the airport. Class E
surface airspace for Middle Georgia Regional Airport would be amended
by extending the airspace from a 4.1-mile radius to a 4.9-mile radius
surrounding the airport. The Class E airspace extending upward from 700
feet above the surface would be amended to within a 7.4-mile radius of
Middle Georgia Regional Airport (reduced from a 7.8-mile radius). In
addition, this action would replace the outdated terms Airport/Facility
Directory with the term Chart Supplement and Notice to Airmen with the
term Notice to Air Missions, in the airspace descriptions.
    In addition, the Class E airspace extending upward from 700 feet
above the surface would be amended to within a 7.5-mile radius of Macon
Downtown Airport (reduced from an 8.8-mile radius). In addition, this
action would replace the outdated terms Airport/Facility Directory with
the term Chart Supplement and Notice to Airmen with the term Notice to
Air Missions, in the airspace descriptions.
    Class D and E airspace designations are published in Paragraphs
5000, 6002, and 6005, respectively, of FAA Order JO 7400.11G, dated
August 19, 2022, and effective September 15, 2022, which is
incorporated by reference in 14 CFR 71.1. The Class D and Class E
airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order JO 7400.11G, Airspace Designations and Reporting
Points, dated August 19, 2022, and effective September 15, 2022, is
amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO GA D Macon, GA [Amended]

Middle Georgia Regional Airport, Macon, GA
    (Lat. 32[deg]41'34'' N, long. 83[deg]38'57'' W)
Robins AFB
    (Lat. 32[deg]38'25'' N, long. 83[deg]35'31'' W)

    That airspace extending upward from the surface to and including
2,900 feet MSL from the intersection of the Middle Georgia Regional
Airport 210[deg] bearing and the 5.5-mile radius of the Robins AFB
Airport, clockwise along the 4.9-mile radius centered on Middle
Georgia Regional Airport to the intersection of Middle Georgia
Regional Airport 065[deg] bearing and Robins AFB Airport 5.5-mile
radius, counter-clockwise along the Robins AFB Airport 5.5-mile
radius to the intersection of the Middle Georgia Regional Airport
055[deg] bearing, directly across to the Middle Georgia Regional
Airport 219[deg] bearing and the intersection of the Robins AFB
Airport 5.5-mile radius, counter-clockwise along the Robins AFB
Airport 5.5-mile radius to the point of beginning. This Class D
airspace area is effective during the specific dates and times
established in advance by a Notice to Air Missions. The effective
date and time will thereafter be continuously published in the Chart
Supplement.

Paragraph 6002 Class E Surface Airspace

* * * * *

ASO GA E2 Macon, GA [Amended]

Middle Georgia Regional Airport, Macon, GA
    (Lat. 32[deg]41'34'' N, long. 83[deg]38'57'' W)
Robins AFB
    (Lat. 32[deg]38'25'' N, long. 83[deg]35'31'' W)

    That airspace extending upward from the surface from the
intersection of the Middle Georgia Regional Airport 210[deg] bearing
and the 5.5-mile radius of the Robins AFB Airport, clockwise along
the 4.9-mile radius centered on Middle Georgia Regional Airport to
the intersection of Middle Georgia Regional Airport 065[deg] bearing
and Robins AFB Airport 5.5-mile radius, counter-clockwise along the
Robins AFB Airport 5.5-mile radius to the intersection of the Middle
Georgia Regional Airport 055[deg] bearing, directly across to the
Middle Georgia Regional Airport 219[deg] bearing and the
intersection of the Robins AFB Airport 5.5-mile radius, counter-
clockwise along the Robins AFB Airport 5.5-mile radius to the point
of beginning. This Class E airspace area is effective during the
specific dates and times established in advance by a Notice to Air
Missions. The effective date and time will thereafter be
continuously published in the Chart Supplement.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO GA E5 Macon, GA [Amended]

Middle Georgia Regional Airport, GA
    (Lat. 32[deg]41'34'' N, long. 83[deg]38'57'' W)
Macon Downtown Airport
    (Lat. 32[deg]49'18'' N, long. 83[deg]33'43'' W)
Robins AFB
    (Lat. 32[deg]38'25'' N, long. 83[deg]35'31'' W)
Perry-Houston County Airport
    (Lat. 32[deg]30'38'' N, long. 83[deg]46'02'' W)

    That airspace extending upward from 700 feet above the surface
within a 7.4-mile radius of Middle Georgia Regional Airport, and
within a 7.5-mile radius of Macon Downtown Airport, a 7-mile radius
of Robins AFB, and a 9.8-mile radius of Perry-Houston County
Airport.

    Issued in College Park, Georgia, on December 15, 2022.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization
[FR Doc. 2022-27931 Filed 12-22-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 9, 2007 (Volume 72, Number 130)]
[Notices]
[Page 37281]
[DOCID:fr09jy07-121]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold the following meetings during the
week of July 9, 2007:
    An Open Meeting will be held on Wednesday, July 11, 2007 at 10
a.m., in the Auditorium, Room L-002. A Closed Meeting will be held on
Thursday, July 12, 2007 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters may also be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), (9)(B), and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Nazareth, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
    The subject matter of the Open Meeting scheduled for Wednesday,
July 11, 2007 at 10 a.m. will be:

    The Commission will consider whether to adopt a new antifraud
rule under Section 206 of the Investment Advisers Act of 1940. The
new rule would prohibit advisers to certain pooled investment
vehicles from making false or misleading statements to, or otherwise
defrauding, investors or prospective investors in those pooled
vehicles.

    The subject matter of the Closed Meeting scheduled for Thursday,
July 12, 2007 will be:

Formal orders of investigations;
Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings of an
enforcement nature; Resolution of litigation claims; and
Other matters related to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: July 3, 2007.
Nancy M. Morris,
Secretary.
 [FR Doc. E7-13272 Filed 7-6-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Notices]
[Pages 10480-10481]
[FR Doc No: 2015-04017]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2006-0971; FRL-9923-72-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; National Volatile Organic Compound Emission
Standards for Architectural Coatings (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``National Volatile Organic
Compound Emission

Standards for Architectural Coatings'' (EPA ICR No. 1750.07, OMB
Control No. 2060-0393) to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act (44
U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is
currently approved through February 28, 2015. Public comments were
previously requested via the Federal Register (79 FR 55448) on
September 16, 2014, during a 60-day comment period. This notice allows
for an additional 30 days for public comments. A fuller description of
the ICR is given below, including its estimated burden and cost to the
public. An Agency may not conduct or sponsor and a person is not
required to respond to a collection of information unless it displays a
currently valid OMB control number.

DATES: Additional comments may be submitted on or before March 9, 2015.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2006-0371, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Ms. Kim Teal, Sector Policies and
Programs Division (Mail Code D243-04), Office of Air Quality Planning
and Standards, U.S. Environmental Protection Agency, Research Triangle
Park, NC 27711; telephone number:<PHONE_NUMBER>; fax number: 919-541-
5450; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA WJC West
Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The
telephone number for the EPA Docket Center is<PHONE_NUMBER>. For
additional information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The EPA is required under section 183(e) of the Clean Air
Act to regulate volatile organic compound (VOC) emissions from the use
of consumer and commercial products. Pursuant to section 183(e)(3), the
EPA published a list of consumer and commercial products and a schedule
for their regulation (60 FR 15264). Architectural coatings are included
on the list, and the standards for such coatings are codified at 40 CFR
part 59, subpart D. The information collection includes initial reports
and periodic recordkeeping necessary for the EPA to ensure compliance
with federal standards for VOC in architectural coatings. Respondents
are manufacturers or importers that produce, package, or repackage
architectural coatings. Responses to the collection are mandatory under
40 CFR part 59, subpart D--National Volatile Organic Compound Emission
Standards for Architectural Coatings. All information submitted to the
EPA for which a claim of confidentiality is made will be safeguarded
according to the Agency policies set forth in 40 CFR part 2, subpart
B--Confidentiality of Business Information.
    Form Numbers: None.
    Respondents/affected entities: Manufacturers or importers that
produce, package, or repackage architectural coatings for sale or
distribution in the United States, including the District of Columbia
and all United States territories.
    Respondent's obligation to respond: Mandatory under 40 CFR part 59,
subpart D.
    Estimated number of respondents: 500 (total).
    Frequency of response: On occasion.
    Total estimated burden: 14,661 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $1,261,526 per year. There are no annualized
capital or operation & maintenance costs.
    Changes in the estimates: There is no change in hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-04017 Filed 2-25-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Proposed Rules]
[Pages 29476-29479]
[FR Doc No: 2018-13342]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0552; Product Identifier 2018-NM-049-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Defense and Space S.A. (Formerly
Known as Construcciones Aeronauticas, S.A. (CASA)) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus Defense and Space S.A. Model C-212-CB, C-212-CC, C-212-
CD, C-212-CE, and C-212-DF airplanes. This proposed AD was prompted by
reports of failures of the rudder pedal control system support. This
proposed AD would require repetitive detailed visual inspections of the
rudder pedal control system support box and shaft and applicable
corrective actions. We are proposing this AD to address the unsafe
condition on these products.

DATES: We must receive comments on this proposed AD by August 9, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus
Defense and Space, Services/Engineering support, Avenida de
Arag[oacute]n 404, 28022 Madrid, Spain; telephone: +34 91 585 55 84;
fax: +34 91 585 31 27; email: [email protected].
You may view this service information at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0552; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this NPRM, 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: Shahram Daneshmandi, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0552;
Product Identifier 2018-NM-049-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM 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 NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0051, dated March 2, 2018 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Airbus Defense and Space S.A. Model C-212-
CB, C-212-CC, C-212-CD, C-212-CE, and C-212-DF airplanes. The MCAI
states:

    Failures were reported of the rudder pedal control system
support on CASA C-212 aeroplanes. Subsequent investigation revealed
that the welding area of the affected support structure had broken.
    This condition, if not corrected, could lead to failure of the
rudder [pedal] control system, possibly resulting in reduced control
of the aeroplane.
    To address this potential unsafe condition, EADS-CASA issued the
SB [EADS-CASA Service Bulletin SB-212-27-0057, dated May 21, 2014]
to provide modification instructions and EASA issued AD 2017-0036
[which corresponds to FAA AD 2017-19-08, Amendment 39-19038 (82 FR
43835, September 20 2017) (``AD 2017-19-08'')] to require that
modification [of the rudder pedal adjustment system]. During
accomplishment of that modification, several operators reported
difficulties or impossibility to follow the accomplishment
instruction. Consequently, EASA and Airbus D&S [Defense and Space
S.A.] reviewed the difficulty reports and decided that the
modification instructions have to be improved.
    Pending the improvement of the instructions of the SB [EADS-CASA
Service Bulletin SB-212-27-0057, dated May 21, 2014] and in order to
reduce the risk of failure of the [rudder] pedal adjustment system
to an acceptable level, Airbus D&S issued the inspection AOT [Airbus
Alert Operators Transmission AOT-C212-27-0002, dated February 28,
2018] to provide instructions to repetitively inspect the affected
parts [rudder pedal support box Part Number (P/N) 212-46195.1 and
shaft P/N 212-46120-20].
    For the reasons described above, this [EASA] AD cancels the
requirements of EASA AD 2017-0036, which is superseded, and requires
repetitive [detailed visual] inspections of the rudder pedal
adjustment system [rudder pedal support box P/N 212-46195.1 and
shaft P/N 212-46120-20] and, depending on findings, accomplishment
of applicable corrective action(s).
    This [EASA] AD is considered to be an interim action and further
[EASA] AD action may follow.

    Corrective actions include obtaining corrective actions approved by
the Manager, International Section, Transport Standards Branch, FAA; or
EASA; or Airbus Defense and Space S.A.'s EASA Design Organization
Approval (DOA); and accomplishing the corrective actions within the
compliance time specified therein. You may examine the MCAI in the AD
docket on the internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2018-0552.

Relationship Between Proposed AD and AD 2017-19-08

    This NPRM does not propose to supersede AD 2017-19-08. Rather, we
have determined that a stand-alone AD would be more appropriate to
address the changes in the MCAI. This proposed AD would require
repetitive detailed visual inspections of the rudder pedal control
system support box and shaft and applicable corrective actions.
Accomplishment of the proposed actions would then terminate all of the
requirements of AD 2017-19-08.

Related Service Information Under 1 CFR Part 51

    Airbus Defense and Space S.A. has issued Airbus Alert Operators
Transmission AOT-C212-27-0002, dated February 28, 2018. The service
information describes procedures for repetitive detailed visual
inspections of the rudder pedal control system support box and shaft.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

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.

Costs of Compliance

    We estimate that this proposed AD affects 36 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per  product        Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Up to 8 work[dash]hours x $85 per hour =              $0  Up to $680................  Up to $24,480.
 Up to $680.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition repair specified in this proposed
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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

Airbus Defense and Space S.A. (Formerly Known as Construcciones
Aeronauticas, S.A. (CASA)): Docket No. FAA-2018-0552; Product
Identifier 2018-NM-049-AD.

(a) Comments Due Date

    We must receive comments by August 9, 2018.

(b) Affected ADs

    This AD affects AD 2017-19-08, Amendment 39-19038 (82 FR 43835,
September 20 2017) (``AD 2017-19-08'').

(c) Applicability

    This AD applies to Airbus Defense and Space S.A. Model C-212-CB,
C-212-CC, C-212-CD, C-212-CE, and C-212-DF airplanes; manufacturer
serial numbers 009, 034, 039, 089, 092, 119, 125, 133, 138, 149,
150, 154, 159, 161, 162, 164, 165, 167 through 169 inclusive, 171,
172, 174, 175, 178, 180, 181, 190, 192, 193, 195, 209 through 212
inclusive, 214 through 216 inclusive, 219 through 222 inclusive, 224
through 227 inclusive, 229, 235, 236, 238, 240, 242, 247 through 257
inclusive, 261 through 263 inclusive, 265, 272 through 282
inclusive, 286, 287, 289 through 292 inclusive, 294, 308, 311, 320,
322 through 324 inclusive, 328, 332, 336, 343, 347 through 349
inclusive, 356, 359, 363, 371, 379, 393, 397, 398, 405, 410, 411,
413, 465, 470, 472, 474, 475, 478, and 480 through 482 inclusive;
certificated in any category; except airplanes modified in
accordance with the Accomplishment Instructions of EADS-CASA Service
Bulletin SB-212-27-0057, dated May 21, 2014.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by reports of failures of the rudder pedal
control system support. We are issuing this AD to prevent failure of
the rudder control system, which could result in reduced
controllability of the airplane.

(f) Compliance

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

(g) Definitions

    (1) For the purposes of this AD, an affected part is defined as
a rudder pedal support box having Part Number (P/N) 212-46195.1 and
shaft P/N 212-46120-20.
    (2) For the purposes of this AD, a discrepancy or defect of the
rudder pedal support box P/N 212-46195.1 is defined as any crack or
deformation on any welded area.
    (3) For the purposes of this AD, a discrepancy or defect of the
shaft P/N 212-46120-20 is defined as any crack or deformation.

(h) Repetitive Detailed Visual Inspections

    Within 3 months or during the next scheduled A-check
maintenance, whichever occurs first after the effective date of this
AD, and thereafter, at intervals not to exceed 150 flight hours, do
a detailed visual inspection of each affected part in accordance
with the instructions of Airbus Alert Operators Transmission AOT-
C212-27-0002, dated February 28, 2018.

(i) Corrective Action for Any Discrepancy or Defect

    If any discrepancy or defect is detected during any inspection
required by paragraph (h) of this AD: Before further flight, obtain
corrective actions approved by the Manager, International Section,
Transport Standards Branch, FAA; or the European Aviation Safety
Agency (EASA); or Airbus Defense and Space S.A.'s EASA Design
Organization Approval (DOA); and accomplish the corrective actions
within the compliance time specified therein. If approved by the
DOA, the approval must include the DOA-authorized signature.
Accomplishment of a repair, as required by this paragraph, does not
constitute terminating action for the repetitive inspections
required by paragraph (h) of this AD.

(j) Parts Installation Limitation

    As of the effective date of this AD, an affected part may be
installed on any airplane provided that it is a new part or that,
before installation, the visual inspection required by paragraph (h)
of this AD has been accomplished on that part and the part passed
the inspection (no discrepancy or defect detected), as required by
paragraph (h) of this AD.

(k) Terminating Action for AD 2017-19-08

    Accomplishing the actions required by this AD terminates all of
the requirements of AD 2017-19-08.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (m)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus Defense
and Space S.A.'s EASA DOA. If approved by the DOA, the approval must
include the DOA-authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0051, dated March 2, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0552.
    (2) For more information about this AD, contact Shahram
Daneshmandi, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Airbus Defense and Space, Services/Engineering support, Avenida de
Arag[oacute]n 404, 28022 Madrid, Spain; telephone: +34 91 585 55 84;
fax: +34 91 585 31 27; email:
[email protected]. You may view this service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    Issued in Des Moines, Washington, on June 14, 2018.

Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-13342 Filed 6-22-18; 8:45 am]
 BILLING CODE 4910-13-P