[Federal Register Volume 79, Number 56 (Monday, March 24, 2014)]
[Notices]
[Pages 16010-16013]
[FR Doc No: 2014-06326]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0001]

Request for Nominations for Voting and/or Nonvoting Consumer
Representatives on Public Advisory Committees or Panels and Request for
Notification From Consumer Organizations Interested in Participating in
the Selection Process for Nominations for Voting and/or Nonvoting
Consumer Representatives on Public Advisory Committees or Panels

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is requesting that any
consumer organizations interested in participating in the selection of
voting and/or nonvoting consumer representatives to serve on its
advisory committees or panels notify FDA in writing. FDA is also
requesting nominations for voting and/or nonvoting consumer
representatives to serve on advisory committees and/or panels for which
vacancies currently exist or are expected to occur in the near future.
Nominees recommended to serve as a voting or nonvoting consumer
representative may be self-nominated or may be nominated by a consumer
organization. Nominations will be

accepted for current vacancies and for those that will or may occur
through December 2014.
    FDA seeks to include the views of women and men, members of all
racial and ethnic groups, and individuals with and without disabilities
on its advisory committees and therefore, encourages nominations of
appropriately qualified candidates from these groups.

DATES: Any consumer organization interested in participating in the
selection of an appropriate voting or nonvoting member to represent
consumer interests on an FDA advisory committee or panel may send a
letter or email stating that interest to the FDA (see ADDRESSES) by
April 23, 2014, for vacancies listed in this notice. Concurrently,
nomination materials for prospective candidates should be sent to FDA
(see ADDRESSES) by April 23, 2014.

ADDRESSES: All statements of interest from consumer organizations
interested in participating in the selection process should be
submitted electronically to<EMAIL_ADDRESS>or by
mail to Advisory Committee Oversight and Management Staff, 10903 New
Hampshire Ave., Bldg. 32, Rm. 5103, Silver Spring, MD 20993-0002, or by
FAX to<PHONE_NUMBER>.
    Consumer Representative nominations should be submitted
electronically by logging accessing the FDA Advisory Committee
Membership Nomination Portal at https://www.accessdata.fda.gov/scripts/FACTRSPortal/FACTRS/index.cfm or by mail to Advisory Committee
Oversight and Management Staff, 10903 New Hampshire Ave., Bldg. 32, Rm.
5103, Silver Spring, MD 20993-0002, or by FAX to<PHONE_NUMBER>.
Additional information about becoming a member on an FDA advisory
committee can also be obtained by visiting FDA's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm.

FOR FURTHER GENERAL INFORMATION CONTACT: Dornette Spell-LeSane,
Advisory Committee Oversight and Management Staff (ACOMS), Food and
Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 5129,
Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    For questions relating to specific advisory committees or panels,
contact the following persons listed in Table 1 of this document:

                  Table 1--Advisory Committee Contacts
------------------------------------------------------------------------
             Contact person                      Committee/panel
------------------------------------------------------------------------
Karen Strambler, Center for Food Safety  Food Advisory Committee.
 and Applied Nutrition, FDA College
 Park, CPK1, Rm. 1C016, College Park,
 MD 20740,<PHONE_NUMBER>, FAX: 301-436-
 2637<EMAIL_ADDRESS>Avena Russell, ABD, Center for Devices   General and Plastic Surgery
 and Radiological Health, Office of       Devices Panel.
 Device Evaluation, 10903 New Hampshire
 Ave., Bldg. 66, Rm. 1535, Silver
 Spring, MD 20993,<PHONE_NUMBER>, FAX:
<PHONE_NUMBER>,
<EMAIL_ADDRESS>Sara J. Anderson, LCDR, U.S. Public      Hematology and Pathology
 Health Service, Center for Devices and   Devices Panel, Orthopaedic and
 Radiological Health, Office of Device    Rehabilitation Devices Panel
 Evaluation, 10903 New Hampshire Ave.,    and National Mammography and
 Bldg. 66, Rm.1544, Silver Spring, MD     Quality Assurance.
 20903,<PHONE_NUMBER>, FAX: 301-847-
 8122<EMAIL_ADDRESS>Pamela Scott, Center for Devices and     Medical Devices Dispute
 Radiological Health. Office of the       Resolution Panel.
 Center Director, 10903 New Hampshire
 Ave., Bldg. 66, Rm. 5406, Silver
 Spring, MD 20993,<PHONE_NUMBER>, FAX:
<PHONE_NUMBER><EMAIL_ADDRESS>Shanika Craig, Food and Drug             Obstetrics and Gynecology
 Administration, Bldg. 66, Rm. 1613,      Devices Panel.
 10903 New Hampshire Ave., Silver
 Spring, MD 20993-0002,<PHONE_NUMBER>,
 FAX: 301-847-812,
<EMAIL_ADDRESS>Walter Ellenberg, Office of the          Pediatrics Advisory Committee.
 Commissioner, Office of Pediatric
 Therapeutics, Food and Drug
 Administration, 10903 New Hampshire
 Ave., Silver Spring, MD 20993-0002,
<PHONE_NUMBER>, FAX:<PHONE_NUMBER>,
<EMAIL_ADDRESS>Kalyani Bhatt, Center for Drug           Psychopharmacologic Drugs
 Evaluation and Research, Food and Drug   Advisory Committee and
 Administration, 10903 New Hampshire      Reproductive Health Drugs
 Ave., Bldg. 31, Silver Spring, MD        Advisory Committee.
 20993-0002,<PHONE_NUMBER>, FAX: 301-847-
 8533<EMAIL_ADDRESS>------------------------------------------------------------------------

SUPPLEMENTARY INFORMATION: FDA is requesting nominations for voting
and/or nonvoting consumer representatives for the vacancies listed in
Table 2 of this document:

      Table 2--Committee Descriptions, Type of Consumer Representative Vacancy and Approximate Date Needed
----------------------------------------------------------------------------------------------------------------
   Committee/Panel/Areas of expertise
                 needed                      Current & upcoming vacancies           Approximate date needed
----------------------------------------------------------------------------------------------------------------
Food Advisory Committee--Knowledgeable   1-voting...........................  Immediately.
 in the fields of physical sciences,
 biological and life sciences, food
 science, risk assessment, nutrition,
 food technology, molecular biology,
 and other relevant scientific and
 technical disciplines.
Medical Devices Advisory Committee,      1-nonvoting........................  9/1/2014.
 General and Plastic Surgery Devices
 Panel--Knowledgeable in the fields of
 general, plastic, reconstructive,
 pediatric, thoracic, abdominal, pelvic
 and endoscopic surgery; biomaterials,
 lasers, wound healing, and quality of
 life issues.
Medical Devices Advisory Committee,      1-nonvoting........................  3/1/2014.
 Hematology and Pathology Devices
 Panel--Knowledgeable in the fields of
 hematology, hematopathology,
 coagulation and homeostasis,
 hematological oncology, gynecological
 oncology.

Medical Devices Advisory Committee,      1-nonvoting........................  10/1/2014.
 Medical Devices Dispute Resolution
 Panel--Experts with broad, cross-
 cutting scientific, clinical,
 analytical or mediation skills.
National Mammography Quality Assurance-- 1-nonvoting........................  Immediately.
 Knowledgeable in clinical practice,
 research specialization, or
 professional work that has a
 significant focus on mammography.
Medical Devices Advisory Committee,      1-nonvoting........................  Immediately.
 Obstetrics and Gynecology Devices
 Panel--Knowledgeable in the fields of
 perinatology, embryology, reproductive
 endocrinology, pediatric gynecology,
 gynecological oncology, operative
 hysteroscopy, pelviscopy,
 electrosurgery, laser surgery,
 assisted reproductive technologies,
 contraception, postoperative
 adhesions, and cervical cancer and
 colposcopy; obstetrics/gynecology
 devices; gynecology in the older
 patient; midwifery; labor and delivery
 nursing.
Orthopaedic and Rehabilitation Devices   1-nonvoting........................  Immediately.
 Panel--Knowledgeable in data
 concerning the safety and
 effectiveness of marketed and
 investigational orthopaedic and
 rehabilitation devices.
Pediatrics Advisory Committee--          1-voting...........................  7/1/2014.
 Knowledgeable in pediatric research,
 pediatric subspecialties, statistics,
 and/or biomedical ethics.
Psychopharmacologic Drugs Advisory       1-voting...........................  7/1/2014.
 Committee--Knowledgeable in the fields
 of psychopharmacology, psychiatry,
 epidemiology or statistics, and
 related specialties.
Reproductive Health Drugs Advisory       1-voting...........................  7/1/2014.
 Committee--Knowledgeable in the fields
 of obstetrics, gynecology,
 endocrinology, pediatrics,
 epidemiology or statistics and related
 specialties.
----------------------------------------------------------------------------------------------------------------

I. Functions

A. Certain Panels of the Medical Devices Advisory Committee

    The committee reviews and evaluates data on the safety and
effectiveness of marketed and investigational devices and makes
recommendations for their regulation. The panels engage in a number of
activities to fulfill the functions the Federal Food, Drug, and
Cosmetic Act (FD&C Act) envisions for device advisory panels. With the
exception of the Medical Devices Dispute Resolution Panel, each panel,
according to its specialty area, advises the Commissioner of Food and
Drugs (the Commissioner) regarding recommended classification or
reclassification of devices into one of three regulatory categories,
advises on any possible risks to health associated with the use of
devices, advises on formulation of product development protocols,
reviews premarket approval applications for medical devices, reviews
guidelines and guidance documents, recommends exemption of certain
devices from the application of portions of the FD&C Act, advises on
the necessity to ban a device, and responds to requests from the Agency
to review and make recommendations on specific issues or problems
concerning the safety and effectiveness of devices. With the exception
of the Medical Devices Dispute Resolution Panel, each panel, according
to its specialty area, may also make appropriate recommendations to the
Commissioner on issues relating to the design of clinical studies
regarding the safety and effectiveness of marketed and investigational
devices.

B. The Medical Devices Dispute Resolution Panel

    The Panel provides advice to the Commissioner on complex or
contested scientific issues between the FDA and medical device
sponsors, applicants, or manufacturers relating to specific products,
marketing applications, regulatory decisions and actions by FDA, and
Agency guidance and policies. The Panel makes recommendations on issues
that are lacking resolution, are highly complex in nature, or result
from challenges to regular advisory panel proceedings or Agency
decisions or actions.

C. Food Advisory Committee

    The Committee provides advice to the Commissioner of Food and Drugs
and other appropriate officials, on emerging food safety, food science,
nutrition, and other food-related health issues that the FDA considers
of primary importance for its food and cosmetics programs. The
Committee may be charged with reviewing and evaluating available data
and making recommendations on matters such as those relating to: (1)
Broad scientific and technical food or cosmetic related issues; (2) the
safety of new foods and food ingredients; (3) labeling of foods and
cosmetics; (4) nutrient needs and nutritional adequacy; and (5) safe
exposure limits for food contaminants. The Committee may also be asked
to provide advice and make recommendations on ways of communicating to
the public the potential risks associated with these issues and on
approaches that might be considered for addressing the issues.

D. National Mammography and Quality Assurance Advisory Committee:

    The Committee Reviews and evaluates (1) Developing appropriate
quality standards and regulations for mammography facilities; (2)
developing appropriate standards and regulations for bodies accrediting
mammography facilities under this program; (3) developing regulations
with respect to sanctions; (4) developing procedures for monitoring
compliance with standards; (5) establishing a mechanism to investigate
consumer complaints; (6) reporting new developments concerning breast
imaging which should be considered in the oversight of mammography
facilities; (7) determining whether there exists a shortage of
mammography facilities in rural and health professional shortage areas
and determining the effects of personnel on access to the services of
such facilities in such areas; (8) determining whether there will exist
a sufficient number of medical physicists after October 1, 1999; and
(9) determining the costs and benefits of compliance with these
requirements.

E. Pediatric Advisory Committee

    The Committee advises and makes recommendations to the Commissioner
of Food and Drugs regarding (1) pediatric research; (2) identification
of research priorities related to pediatric therapeutics and the need
for additional treatments of specific pediatric diseases or conditions;
(3) the ethics, design, and analysis of clinical trials related to
pediatric therapeutics; (4) pediatric labeling disputes; (5) pediatric
labeling changes; (6) adverse event reports for drugs granted pediatric
exclusivity and

any safety issues that may occur; (7) any other pediatric issue or
pediatric labeling dispute involving FDA regulated products; (8)
research involving children as subjects; and (9) any other matter
involving pediatrics for which FDA has regulatory responsibility. The
Committee also advises and makes recommendations to the Secretary
directly or to the Secretary through the Commissioner on research
involving children as subjects that is conducted or supported by the
Department of Health and Human Services.

F. Psychopharmacologic Drugs Advisory Committee

    Reviews and evaluates data concerning the safety and effectiveness
of marketed and investigational human drug products for use in the
practice of psychiatry and related fields.

G. Reproductive Health Drugs Advisory Committee

    Reviews and evaluates data on the safety and effectiveness of
marketed and investigational human drugs for use in the practice of
obstetrics, gynecology, and related specialties.

II. Criteria for Members

    Persons nominated for membership as consumer representatives on
committees or panels should meet the following criteria: (1)
Demonstrate ties to consumer and community-based organizations; (2) be
able to analyze technical data; (3) understand research design; (4)
discuss benefits and risks; and (5) evaluate the safety and efficacy of
products under review. The consumer representative should be able to
represent the consumer perspective on issues and actions before the
advisory committee; serve as a liaison between the committee and
interested consumers, associations, coalitions, and consumer
organizations; and facilitate dialogue with the advisory committees on
scientific issues that affect consumers.

III. Selection Procedures

    Selection of members representing consumer interests is conducted
through procedures that include the use of organizations representing
the public interest and public advocacy groups. These organizations
recommend nominees for the Agency's selection. Representatives from the
consumer health branches of Federal, State, and local governments also
may participate in the selection process. Any consumer organization
interested in participating in the selection of an appropriate voting
or nonvoting member to represent consumer interests should send a
letter stating that interest to FDA (see ADDRESSES) within 30 days of
publication of this document.
    Within the subsequent 30 days, FDA will compile a list of consumer
organizations that will participate in the selection process and will
forward to each such organization a ballot listing at least two
qualified nominees selected by the Agency based on the nominations
received, together with each nominee's current curriculum vitae or
resume. Ballots are to be filled out and returned to FDA within 30
days. The nominee receiving the highest number of votes ordinarily will
be selected to serve as the member representing consumer interests for
that particular advisory committee or panel.

IV. Nomination Procedures

    Any interested person or organization may nominate one or more
qualified persons to represent consumer interests on the Agency's
advisory committees or panels. Self-nominations are also accepted.
Nominations should include a cover letter and a current curriculum
vitae or r[eacute]sum[eacute] for each nominee, including a current
business and/or home address, telephone number, and email address if
available, and a list of consumer or community-based organizations for
which the candidate can demonstrate active participation.
    Nominations should also specify the advisory committee(s) or
panel(s) for which the nominee is recommended. In addition, nominations
should include confirmation that the nominee is aware of the nomination
and is willing to serve as a member of the advisory committee or panel
if selected, and appears to have no conflicts of interest. FDA will ask
potential candidates to provide detailed information concerning such
matters as financial holdings, employment, and research grants and/or
contracts to permit evaluation of possible sources of conflicts of
interest. Members will be invited to serve for terms up to 4 years.
    FDA will review all nominations received within the specified
timeframes and prepare a ballot containing the names of qualified
nominees. Names not selected will remain on a list of eligible nominees
and be reviewed periodically by FDA to determine continued interest.
Upon selecting qualified nominees for the ballot, FDA will provide
those consumer organizations that are participating in the selection
process with the opportunity to vote on the listed nominees. Only
organizations vote in the selection process. Persons who nominate
themselves to serve as voting or nonvoting consumer representatives
will not participate in the selection process.

    Dated: March 18, 2014.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2014-06326 Filed 3-21-14; 8:45 am]
BILLING CODE 4160-01-P


Comment Info: =================

General Comment:A 75 day comment period isn't enough time for the vaping industry and the wider vaping community to comment on the proposed regulations. I would respectfully request that the period for comment be extended to 180 days.


[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Notices]
[Pages 62502-62503]
[FR Doc No: 2012-25269]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP12-213-000.
    Applicants: Equitrans, L.P.
    Description: Equitrans, L.P. submits Operational Flow Order update.
    Filed Date: 10/2/12.
    Accession Number: 20121002-5083.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-70-000.
    Applicants: Alliance Pipeline L.P.
    Description: Withdraw RP13-70-000.
    Filed Date: 10/2/12.
    Accession Number: 20121002-5000.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-79-000.
    Applicants: Crossroads Pipeline Company.
    Description: NAESB 2.0 570 Withdrawal.
    Filed Date: 10/2/12.
    Accession Number: 20121002-5008.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-83-000.
    Applicants: Columbia Gulf Transmission Company.
    Description: NAESB 2.0 570 Withdrawal.
    Filed Date: 10/2/12.
    Accession Number: 20121002-5007.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-88-000.
    Applicants: Central Kentucky Transmission Company.
    Description: NAESB 2.0 570 Withdrawal.
    Filed Date: 10/2/12.
    Accession Number: 20121002-5005.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-92-000.
    Applicants: Hardy Storage Company, LLC.
    Description: NAESB 2.0 570 Withdrawal.
    Filed Date: 10/2/12.
    Accession Number: 20121002-5006.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-96-000.
    Applicants: Millennium Pipeline Company, LLC.
    Description: NAESB 2.0 570 Withdrawal.
    Filed Date: 10/2/12.
    Accession Number: 20121002-5009.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-117-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: NAESB 2.0 Errata to be effective 12/1/2012.
    Filed Date: 10/2/12.
    Accession Number: 20121002-5010.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-118-000.
    Applicants: Columbia Gulf Transmission Company.
    Description: NAESB 2.0 Errata to be effective 12/1/2012.
    Filed Date: 10/2/12.
    Accession Number: 20121002-5011.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-119-000.
    Applicants: Black Marlin Pipeline Company.
    Description: NAESB v 2.0 Compliance Filing to be effective 12/1/
2012.
    Filed Date: 10/2/12.
    Accession Number: 20121002-5012.

    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-120-000.
    Applicants: Millennium Pipeline Company, LLC.
    Description: NAESB 2.0 Errata to be effective 12/1/2012.
    Filed Date: 10/2/12.
    Accession Number: 20121002-5013.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-121-000.
    Applicants: Crossroads Pipeline Company.
    Description: NAESB 2.0 Errata to be effective 12/1/2012.
    Filed Date: 10/2/12.
    Accession Number: 20121002-5051.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-122-000.
    Applicants: Central Kentucky Transmission Company.
    Description: NAESB 2.0 Errata to be effective 12/1/2012.
    Filed Date: 10/2/12.
    Accession Number: 20121002-5052.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-123-000.
    Applicants: Alliance Pipeline L.P.
    Description: NAESB version 2 Resubmittal to be effective 12/1/2012.
    Filed Date: 10/2/12.
    Accession Number: 20121002-5054.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-124-000.
    Applicants: Hardy Storage Company, LLC.
    Description: NAESB 2.0 Errata to be effective 12/1/2012.
    Filed Date: 10/2/12.
    Accession Number: 20121002-5066.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-125-000.
    Applicants: Northwest Pipeline GP.
    Description: RP12- Avista Non-Conforming Contract Nos. 100010 &
100314 to be effective 11/2/2012.
    Filed Date: 10/2/12.
    Accession Number: 20121002-5072.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-126-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Volume No. 2--South Jersey Rose Lake Negotiated Rate
NonConforming Agmt to be effective 11/1/2012.
    Filed Date: 10/2/12.
    Accession Number: 20121002-5158.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-127-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Amendment to Neg Rate Agmt--BP Energy 37-10 to be
effective 10/4/2012.
    Filed Date: 10/3/12.
    Accession Number: 20121003-5018.
    Comments Due: 5 p.m. ET 10/15/12.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP12-1107-001.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Amendment to RP12-1107-000 to be effective 10/1/2012.
    Filed Date: 10/2/12.
    Accession Number: 20121002-5070.
    Comments Due: 5 p.m. ET 10/15/12.

    Docket Numbers: RP13-56-001.
    Applicants: Bear Creek Storage Company, L.L.C.
    Description: Bear Creek Baseline Tariff Filing--Errata to be
effective 10/1/2012.
    Filed Date: 10/2/12.
    Accession Number: 20121002-5073.
    Comments Due: 5 p.m. ET 10/15/12.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service can be found at:
http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated October 3, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-25269 Filed 10-12-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Rules and Regulations]
[Pages 14982-14987]
[FR Doc No: 2014-04826]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0326; Directorate Identifier 2012-NM-089-AD;
Amendment 39-17786; AD 2014-05-13]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2004-12-07 for
certain The Boeing Company Model 757 series airplanes equipped with
Rolls-Royce RB211 engines. AD 2004-12-07 required modification of the
nacelle strut and wing structure; and for certain airplanes, repetitive
detailed inspections of certain aft bulkhead fasteners for loose or
missing fasteners, and corrective action if necessary. For certain
other airplanes, AD 2004-12-07 required a one-time detailed inspection
of the middle gusset of the inboard side load fitting for proper
alignment, and realignment if necessary; a one-time eddy current
inspection of certain fastener holes for cracking, and repair if
necessary; and a detailed inspection of certain fasteners for loose or
missing fasteners, and replacement with new fasteners if necessary.
This new AD specifies a maximum compliance time limit. This AD was
prompted by reports indicating that the actual operational loads
applied to the nacelle are higher than the analytical loads that were
used during the initial design. We are issuing this AD to prevent
fatigue cracking in primary strut structure and consequent reduced
structural integrity of the strut.

DATES: This AD is effective April 22, 2014.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of April 22,
2014.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of July
21, 2004 (69 FR 33561, June 16, 2004).
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
January 3, 2000 (64 FR 66370, November 26, 1999).

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone: 206-544-
5000, extension 1; fax:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<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-2013-
0326; 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 AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, Seattle Aircraft Certification Office (ACO),
FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2004-12-07, Amendment 39-13666 (69 FR 33561,
June 16, 2004). AD 2004-12-07 applied to certain The Boeing Company
Model 757 series airplanes equipped with Rolls-Royce RB211 engines. The
NPRM published in the Federal Register on April 15, 2013 (78 FR 22215).
The NPRM was prompted by reports indicating that the actual operational
loads applied to the nacelle are higher than the analytical loads that
were used during the initial design. The NPRM proposed to retain the
requirements of AD 2004-12-07, which required modification of the
nacelle strut and wing structure; and for certain airplanes, repetitive
detailed inspections of certain aft bulkhead fasteners for loose or
missing fasteners, and corrective action if necessary. For certain
other airplanes, AD 2004-12-07 required a one-time detailed inspection
of the middle gusset of the inboard side load fitting for proper
alignment, and realignment if necessary; a one-time eddy current
inspection of certain fastener holes for cracking, and repair if
necessary; and a detailed inspection of certain fasteners for loose or
missing fasteners, and replacement with new fasteners if necessary. The
NPRM proposed to specify a maximum compliance time limit to modify the
nacelle strut and wing structure. We are issuing this AD to prevent
fatigue cracking in primary strut structure and consequent reduced
structural integrity of the strut.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(78 FR 22215, April 15, 2013) and the FAA's response to each comment.

Support for the NPRM (78 FR 22215, April 15, 2013)

    Boeing stated that it concurs with the contents of the NPRM (78 FR
22215, April 15, 2013).

Clarification of Effect of Winglet Installation

    Aviation Partners Boeing stated that accomplishing the supplemental
type certificate (STC) ST01518SE does not affect the actions specified
in the NPRM (78 FR 22215, April 15, 2013).
    We concur with the commenter. We have redesignated paragraph (c) of
the NPRM (78 FR 22215, April 15, 2013) as (c)(1) and added new
paragraph (c)(2) to this final rule to state that installation of STC
ST01518SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/48e13cdfbbc32cf4862576a4005d308b/Body/0.48A!OpenElement&FieldElemFormat=gif) does not affect the ability to
accomplish the actions required by this final rule. Therefore, for
airplanes on which STC ST01518SE is installed, a ``change in product''
alternative method of compliance (AMOC) approval request is not
necessary to comply with the requirements of 14 CFR 39.17.

Request To Clarify Concurrent Requirements

    FedEx requested that we clarify the requirements of paragraph (j)
of the NPRM (78 FR 22215, April 15, 2013), which specified concurrent
actions. FedEx explained that the NPRM requirement and paragraph 1.B.,
of Boeing Service Bulletin 757-54-0035, Revision 6, dated December 2,
2011, conflict with the information in paragraph D., of Boeing Service
Bulletin 757-54-0035, Revision 6, dated December 2, 2011. FedEx stated
that paragraph D. of Boeing Service Bulletin 757-54-0035, Revision 6,
dated December 2, 2011, states that Boeing Service Bulletin 757-54-
0003, Revision 1, dated August 30, 1985; and Boeing Service Bulletin
757-54-0028, Revision 1, dated August 25, 1994 (the concurrent actions
required by paragraph (j) of the NPRM); no longer need to be
accomplished.
    We agree to clarify the concurrent actions. Table I of paragraph D.
in Boeing Service Bulletin 757-54-0035, Revision 6, dated December 2,
2011, is in error. We have added Note 1 to paragraph (j) of this final
rule, which states that paragraph D. of Boeing Service Bulletin 757-54-
0035, Revision 6, dated December 2, 2011, incorrectly states that the
actions described in Boeing Service Bulletin 757-54-0003, Revision 1,
dated August 30, 1985; and Boeing Service Bulletin 757-54-0028,
Revision 1, dated August 25, 1994; no longer need to be accomplished.

Request To Change When Concurrent Actions Are To Be Done

    American Airlines (AAL) requested that we change paragraph (j)
(concurrent actions) of the NPRM (78 FR 22215, April 15, 2013), which
specifies doing the actions at the same time as paragraph (i) of the
NPRM, to specify that the concurrent actions are to be done at the same
time as the actions required by paragraph (g) of the NPRM. AAL stated
that the pylon modification action is mandated by paragraph (g) of the
NPRM, and paragraph (i) of the NPRM mandates only the time at which the
modification must be accomplished.
    We do not agree with the commenter's request because, although the
requirement for the modification is first specified in paragraph (g) of
this final rule, which is a restatement from AD 2004-12-07, Amendment
39-13666 (69 FR 33561, June 16, 2004), the new requirement is in
paragraph (i) of this final rule. Paragraph (i) of this final rule
correctly references paragraph (g) of this final rule. If the
concurrent actions specified in paragraph (j) of this final rule are to
be accomplished at the same time as paragraph (g) of this final rule,
as the commenter suggests, that would make the requirement retroactive,
and would potentially put operators out of compliance. We have not
changed this final rule in this regard.

Request for Repair Credit

    AAL requested that we allow credit for repairs specified in
paragraph (k) of the NPRM (78 FR 22215, April 15, 2013) that are made
``before the effective date of this AD'' using Boeing Service Bulletin
757-54-0028, dated March 31, 1994; or Boeing Service Bulletin 757-54-
0028, Revision 1, dated August 25, 1994.
    We do not agree with the commenter's request. Paragraph (k)(1) of
this final rule requires that cracking be repaired using a method
approved by the FAA as specified in paragraph (n) of the final rule.
Boeing Service Bulletin 757-54-0028, dated March 31, 1994; and Boeing
Service Bulletin 757-54-0028, Revision 1, dated August 25, 1994; do not
contain procedures for repairing cracking, and only specify to contact
Boeing if cracking is found. We infer that the commenter is requesting
credit for any repair done in accordance with procedures provided by
Boeing or with the operator's own methods. The commenter has not
provided any details about any such repairs, and therefore we cannot
give credit for these repairs. However, under the provisions of
paragraph (n) of this final rule, repairs may be approved if
substantiating data are provided showing that the repair provides an
acceptable level of safety.
    For paragraph (k)(2) of this final rule, Boeing Service Bulletin
757-54-0028, Revision 1, dated August 25, 1994, is already specified as
the appropriate source of service information for accomplishing repair
of the holes. In addition, since Boeing Service Bulletin 757-54-0028,
dated March 31, 1994, does not contain procedures for repairing holes,
we cannot give credit for Boeing Service Bulletin 757-54-0028, dated
March 31, 1994. However, under the provisions of paragraph (n) of this
final rule, repairs may be approved if substantiating data are provided
showing that the repair provides an acceptable level of safety. We have
not changed this final rule in this regard.

Request To Clarify Inspections

    AAL requested that we not require the paragraph following the
compliance table in paragraph l.E., ``Compliance,'' of Boeing Service
Bulletin 757-54-0035, Revision 6, dated December 2, 2011. AAL stated
that the interim inspections specified in the paragraph following the
compliance table in paragraph l.E., ``Compliance,'' of Boeing Service
Bulletin 757-54-0035, Revision 6, dated December 2, 2011, are unclear
and that, if required, the inspections should be specified in a new
(additional) paragraph.
    We agree to clarify. Paragraphs (g) and (i) of this final rule
specifically require accomplishment of the modification of the strut as
specified in Boeing Service Bulletin 757-54-0035, Revision 6, dated
December 2, 2011, and do not require any interim inspections. Although
there are certain inspections specifically required in paragraphs (h)
and (j) of this final rule, there are no interim inspections specified
in any paragraph of this final rule. Therefore, the interim inspections
defined in the paragraph following the table in paragraph l.E.,
``Compliance,'' of Boeing Service Bulletin 757-54-0035, Revision 6,
dated December 2, 2011, are not required by this final rule. We have
not changed this final rule in this regard.

Request To Do Work Out of Sequence

    AAL requested that we allow instructions to be worked out of
sequence. AAL stated that by requiring operators to adhere to the
sequence of steps as organized in the service information, based on the
strictest interpretation, it can place an undue burden on operators and
drive longer aircraft out-of-service time. AAL asserted that not
allowing instructions to be worked out of sequence prevents operators
from working on the wing

structure and the removed pylon structure simultaneously. AAL also
stated that without the leeway to work steps out of sequence, if damage
is encountered during a particular step, maintenance must wait for a
disposition and corrective action for that damage before continuing to
the next step.
    We partially agree with the commenter's request. We agree with
revising the final rule to allow work to be accomplished on the wing
structure and the removed pylon structure simultaneously, and for work
to be accomplished on both pylons simultaneously, because no
detrimental effect on the airplane results from accomplishing the
service information in this way.
    We disagree with allowing all service information steps to be
worked out of sequence. This allowance could be interpreted as allowing
service information steps at one pylon, or at one wing location, to be
performed out of sequence, which could detrimentally affect the result
of the modification.
    We also disagree with stating that opposite sides of the strut can
be worked at different rates, as some tasks are necessary to be
performed in sequence. For further clarification of strut task
sequencing, operators may request approval of an AMOC by providing
additional details defining the tasks using the procedures defined in
paragraph (n) of this final rule.
    We have added new paragraph (l) to this final rule, which states
that although Boeing Service Bulletin 757-54-0035, Revision 6, dated
December 2, 2011, specifies to work the wing modification before the
strut modification, this AD allows for the wing and strut modifications
to occur simultaneously. This AD also allows for both struts to be
modified simultaneously. We have redesignated subsequent paragraphs
accordingly. We have also referenced paragraph (l) in paragraphs (g)
and (h) of this final rule.

Request To Require Only Certain Service Information Steps

    AAL requested that we require only the steps in the service
information that are critical for safety of flight. AAL suggested that
only Part II, Steps 6, 7, and 9-12; Part III, Steps 4-24; Part IV,
Steps 3-7; and Part VI, Steps 3-16 and 19; of Boeing Service Bulletin
757-54-0035, Revision 6, dated December 2, 2011, should be required.
AAL stated that preparation and open-up and close-up instructions are
not necessary to mandate and can be left to operator discretion on the
best methods without affecting the ability to address the safety issue
that exists.
    We do not agree with AAL's request. Boeing Service Bulletin 757-54-
0035, Revision 6, dated December 2, 2011, already allows operator's
discretion for certain actions. Note 8 of paragraph 3.B.A., ``General
Information,'' of Boeing Service Bulletin 757-54-0035, Revision 6,
dated December 2, 2011, specifies that when the words ``refer to'' are
used for a procedure, operators may use an accepted alternative
procedure. Note 11 of paragraph 3.B.A., ``General Information,'' of
Boeing Service Bulletin 757-54-0035, Revision 6, dated December 2,
2011, specifies that for access, all the identified parts do not need
to be removed if you can get access without removing the identified
parts and that additional parts may be removed if needed.
    However, due to the complexity of the modification to the strut,
certain preparation and installation steps are needed to prevent damage
to the strut structure, systems components, and the engine. In
addition, a fuel leak check is specified in Boeing Service Bulletin
757-54-0035, Revision 6, dated December 2, 2011, to ensure that the
modification and reassembly were completed and that no hidden damage
exists. Therefore, no changes have been made to this final rule in this
regard.
    Although we have not revised this final rule, we do agree with the
concept of minimizing AD requirements when appropriate. The FAA worked
in conjunction with industry, under the Airworthiness Directives
Implementation Aviation Rulemaking Committee (ARC), to enhance the AD
system. One enhancement is a new process for annotating which steps in
the service information are ``required for compliance'' (RC) with an
AD. Differentiating these steps from other tasks in the service
information is expected to improve an owner's/operator's understanding
of AD requirements and help provide consistent judgment in AD
compliance. In response to the AD Implementation ARC, the FAA released
AC 20-176, dated December 19, 2011 (http://rgl.avs.faa.gov/Regulatory--
and--Guidance--Library/rgAdvisoryCircular.nsf/0/
a78cc91a47b192278625796b0075f419/$FILE/AC%2020-176.pdf); and Order
8110.117, dated September 12, 2012 (http://rgl.avs.faa.gov/Regulatory--
and--Guidance--Library/rgOrders.nsf/0/984bb9eb07cdd86986257a7f0070744c/
$FILE/Order%208110.117.pdf), which include the concept of RC. The FAA
has begun implementing this concept in ADs when we receive service
information containing RC steps. While some design approval holders
have implemented the RC concept, the implementation is voluntary. The
FAA does not intend to develop or revise AD requirements to incorporate
the RC concept if it is not included in the service information.
    Contrary to AAL's statement that ADs should mandate only those
service bulletin provisions that are necessary to ensure safety of
flight, ADs generally contain requirements that are reasonably related
to addressing the unsafe condition, as determined by the FAA and the
design approval holder that developed the service bulletin. Typically,
operators' maintenance programs were not developed in recognition of
the unsafe condition that is being addressed by an AD. Whenever we
issue an AD, those programs had failed to prevent the unsafe condition
in the first place. Therefore, many provisions of ADs address aspects
of accomplishing the required maintenance that are necessary to prevent
operators from inadvertently aggravating the unsafe condition or
introducing new unsafe conditions.
    For many years, the Air Transport Association (now Airlines for
America, A4A) has sponsored the ``Lead Airline'' program through which
individual airlines are provided an opportunity to prototype
manufacturers' draft service instructions before they are finalized.
One objective of this activity is to minimize the procedures included
in the instructions that are considered unnecessary. Therefore, when
the FAA receives a manufacturer's service bulletin, we recognize that
the procedures specified have been determined to be necessary by both
the manufacturer and affected operators. As in this case, the
instructions provided in service bulletins referenced in ADs are
reasonably related to addressing the unsafe condition.
    As always, if AAL or any other operator prefers to address the
unsafe condition by means other than those specified in the referenced
service information, they may request approval for an alternative
method of compliance using the procedures specified in paragraph (n) of
this final rule, and, if approved, may use it instead of the procedures
specified in the service information.

Request To Correct Typographical Error

    AAL requested that we revise paragraph (j)(1) of the NPRM (78 FR
22215, April 15, 2013) to remove the extra word ``dated'' from the
service information citation.

    We agree to correct the typographical error and have removed the
extra word ``dated.''

Additional Change Made to This Final Rule

    The information in paragraph (l)(3) of the NPRM (78 FR 22215, April
15, 2013) has been separated into two paragraphs in this final rule
(paragraphs (m)(3) and (m)(4) of this final rule). In addition, we
changed the reference in paragraph (m)(3) of this final rule to refer
to the actions required by paragraph (j)(1) of this final rule. We also
changed the reference in paragraph (m)(4) to this final rule to refer
to the actions required by paragraph (j)(2) of this final rule. The
content has not been changed.
    The information in paragraph (m)(4) of the NPRM (78 FR 22215, April
15, 2013) has been added to new paragraph (n)(4) of this final rule.
The content has not been changed.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (78 FR 22215, April 15, 2013) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 22215, April 15, 2013).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 176 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                 Action                             Labor cost              Parts cost         Cost per product             Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Modification............................  Up to 1,188 work-hours x $85                $0  Up to $100,980...........  Up to $17,772,480.
[retained from AD 2004-12-07, Amendment    per hour = $100,980.
 39-13666 (69 FR 33561, June 16, 2004)].
One-time Inspection [retained from AD     1 work-hour x $85 per hour =                 0  $85......................  $14,960.
 2004-12-07, Amendment 39-13666 (69 FR     $85.
 33561, June 16, 2004)].
Concurrent modification [new action, 30   142 work-hours x $85 per hour                0  $12,070..................  $362,100.
 airplanes].                               = $12,070.
Concurrent inspection and fastener        104 work-hours x $85 per hour                0  $8,840...................  $106,080.
 installation [new action, 12 airplanes].  = $8,840.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.
    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for this Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2004-12-07, Amendment 39-13666 (69 FR 33561, June 16, 2004), and adding
the following new AD:

2014-05-13 The Boeing Company: Amendment 39-17786; Docket No. FAA-
2013-0326; Directorate Identifier 2012-NM-089-AD.

(a) Effective Date

    This AD is effective April 22, 2014.

(b) Affected ADs

    This AD supersedes AD 2004-12-07, Amendment 39-13666 (69 FR
33561, June 16, 2004).

(c) Applicability

    (1) This AD applies to The Boeing Company Model 757-200, -200PF,
and

-200CB series airplanes, certificated in any category, line numbers
1 through 735 inclusive, equipped with Rolls-Royce RB211 engines.
    (2) Installation of Supplemental Type Certificate (STC)
ST01518SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/48e13cdfbbc32cf4862576a4005d308b/Body/0.48A!OpenElement&FieldElemFormat=gif) does not affect the ability
to accomplish the actions required by this AD. Therefore, for
airplanes on which STC ST01518SE is installed, a ``change in
product'' alternative method of compliance (AMOC) approval request
is not necessary to comply with the requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
Pylons.

(e) Unsafe Condition

    This AD was prompted by reports indicating that the actual
operational loads applied to the nacelle are higher than the
analytical loads that were used during the initial design. We are
issuing this AD to prevent fatigue cracking in primary strut
structure and consequent reduced structural integrity of the strut.

(f) Compliance

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

(g) Retained Modification

    This paragraph restates the requirements of paragraph (a) of AD
2004-12-07, Amendment 39-13666 (69 FR 33561, June 16, 2004), with
new service information: Modify the nacelle strut and wing structure
according to Boeing Service Bulletin 757-54-0035, dated July 17,
1997; Revision 1, dated April 15, 1999; Revision 2, dated June 13,
2002; or Revision 6, dated December 2, 2011; except as specified in
paragraph (l) of this AD; at the later of the times specified in
paragraph (g)(1) or (g)(2) of this AD, except as required by
paragraph (i) of this AD. All of the terminating actions described
in paragraph I.C., Table I, ``Strut Improvement Bulletins,'' on page
6 of Boeing Service Bulletin 757-54-0035, dated July 17, 1997; page
7 of Boeing Service Bulletin 757-54-0035, Revision 1, dated April
15, 1999; and on page 7 of Boeing Service Bulletin 757-54-0035,
Revision 2, dated June 13, 2002; as applicable; must be accomplished
prior to, or concurrently with, the accomplishment of the
modification of the nacelle strut and wing structure required by
this paragraph. After July 21, 2004 (the effective date of AD 2004-
12-07), use only Boeing Service Bulletin 757-54-0035, Revision 2,
dated June 13, 2002; or Boeing Service Bulletin 757-54-0035,
Revision 6, dated December 2, 2011. After the effective date of this
AD, use only Boeing Service Bulletin 757-54-0035, Revision 6, dated
December 2, 2011. Accomplishment of the actions required by
paragraph (i) of this AD terminates the requirements of this
paragraph.
    (1) Prior to the accumulation of 37,500 total flight cycles, or
prior to 20 years since the date of manufacture of the airplane,
whichever occurs first.
    (2) Within 3,000 flight cycles after January 3, 2000 (the
effective date of AD 99-24-07, Amendment 39-11431 (64 FR 66370,
November 26, 1999)).

(h) Retained Inspection and Repair

    This paragraph restates the requirements of paragraph (c) of AD
2004-12-07, Amendment 39-13666 (69 FR 33561, June 16, 2004), with
new service information. For airplanes on which the modification
required by paragraph (g) of this AD has been done according to
Boeing Service Bulletin 757-54-0035, dated July 17, 1997: Within
15,000 flight cycles after doing the modification required by
paragraph (g) of this AD, or within 3 years after July 21, 2004 (the
effective date of AD 2004-12-07), whichever is later; do a one-time
detailed inspection of the middle gusset of the inboard side load
fitting for proper alignment, according to Part II of the
Accomplishment Instructions of Boeing Service Bulletin 757-54-0035,
Revision 1, dated April 15, 1999; or Revision 2, dated June 13,
2002, excluding Evaluation Form; or Boeing Service Bulletin 757-54-
0035, Revision 6, dated December 2, 2011; except as specified by
paragraph (l) of this AD. If the gusset is not aligned properly:
Before further flight, machine the gusset to the specified angle
according to the Accomplishment Instructions of Boeing Service
Bulletin 757-54-0035, Revision 1, dated April 15, 1999; or Revision
2, dated June 13, 2002, excluding Evaluation Form; or Boeing Service
Bulletin 757-54-0035, Revision 6, dated December 2, 2011. As of the
effective date of this AD, use only Boeing Service Bulletin 757-54-
0035, Revision 6, dated December 2, 2011, for accomplishing the
actions required by this paragraph.

(i) New Compliance Time Limitation

    For airplanes on which the modification of the nacelle strut and
wing structure required by paragraph (g) of this AD has not been
done as of the effective date of this AD: Do the modification
required by paragraph (g) of this AD at the later of the times
specified in paragraphs (i)(1) and (i)(2) of this AD.
    (1) At the time specified in paragraph 1.E., ``Compliance,'' of
Boeing Service Bulletin 757-54-0035, Revision 6, dated December 2,
2011, except that where this service bulletin specifies a compliance
time ``from the date on Revision 4 of this service bulletin,'' this
AD requires compliance within the specified compliance time after
the effective date of this AD.
    (2) Within 3,000 flight cycles after January 3, 2000 (the
effective date of AD 99-24-07, Amendment 39-11431 (64 FR 66370,
November 26, 1999)).

(j) New Concurrent Actions

    Concurrently with or prior to the accomplishment of the actions
required by paragraph (i) of this AD, do the actions specified in
paragraphs (j)(1) and (j)(2) of this AD.
    (1) For airplanes identified in Boeing Service Bulletin 757-54-
0003, Revision 1, dated August 30, 1985: Modify the nacelle strut
upper spar, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 757-54-0003, Revision 1, dated August 30,
1985.
    (2) For airplanes identified in Boeing Service Bulletin 757-54-
0028, Revision 1, dated August 25, 1994: Do a detailed inspection
and non-destructive test inspection for cracking of the lower chord,
mid-chord, and holes (for cracking, galling, corrosion, or damage
due to fastener removal), in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 757-54-0028, Revision 1,
dated August 25, 1994.

    Note 1 to paragraph (j) of this AD: Paragraph D. of Boeing
Service Bulletin 757-54-0035, Revision 6, dated December 2, 2011,
incorrectly states that the actions described in Boeing Service
Bulletin 757-54-0003, Revision 1, dated August 30, 1985; and Boeing
Service Bulletin 757-54-0028, Revision 1, dated August 25, 1994; no
longer need to be accomplished.

(k) Repair

    (1) If any cracking is found during any inspection required by
paragraph (j)(2) of this AD: Before further flight, repair the
cracking using a method approved in accordance with the procedures
specified in paragraph (n) of this AD.
    (2) If any holes with galling, corrosion, or damage due to
fastener removal are found during any inspection required by
paragraph (j)(2) of this AD: Before further flight, repair the
holes, in accordance with the Accomplishment Instructions of Boeing
Service Bulletin 757-54-0028, Revision 1, dated August 25, 1994.

(l) Work Sequence Requirement

    Although Boeing Service Bulletin 757-54-0035, Revision 6, dated
December 2, 2011, specifies to work the wing modification before the
strut modification, this AD allows for the wing and strut
modifications to occur simultaneously. This AD also allows for both
struts to be modified simultaneously.

(m) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Service Bulletin 757-54-0035,
Revision 4, dated June 18, 2009; or Revision 5, dated June 9, 2011;
which are not incorporated by reference in this AD.
    (2) This paragraph provides credit for the actions required by
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using Boeing Service Bulletin 757-54-0035,
Revision 4, dated June 18, 2009; or Revision 5, dated June 9, 2011;
which are not incorporated by reference in this AD.
    (3) This paragraph provides credit for the actions required by
paragraph (j)(1) of this AD, if those actions were performed before
the effective date of this AD using Boeing Service Bulletin 757-54-
0003, dated December 14, 1984, which is not incorporated by
reference in this AD.
    (4) This paragraph provides credit for the actions required by
paragraph (j)(2) of this AD, if those actions were performed before
the effective date of this AD using Boeing

Service Bulletin 757-54-0028, dated March 31, 1994, which is not
incorporated by reference in this AD.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Certification Office (ACO), FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the ACO, send it to the attention of the
person identified in paragraph (o)(1) of this AD. Information may be
emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane and the approval must
specifically refer to this AD.
    (4) AMOCs approved for AD 2004-12-07, Amendment 39-13666 (69 FR
33561, June 16, 2004), are approved as AMOCs for paragraphs (g) and
(h) of this AD, except for AMOCs that approved a revised compliance
time.

(o) Related Information

    (1) For more information about this AD, contact Nancy Marsh,
Aerospace Engineer, Airframe Branch, ANM-120S, Seattle Aircraft
Certification Office (ACO), FAA, 1601 Lind Avenue SW., Renton, WA
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference may be obtained at the addresses specified
in paragraphs (p)(6) and (p)(7) of this AD.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
April 22, 2014.
    (i) Boeing Service Bulletin 757-54-0003, Revision 1, dated
August 30, 1985.
    (ii) Boeing Service Bulletin 757-54-0028, Revision 1, dated
August 25, 1994.
    (iii) Boeing Service Bulletin 757-54-0035, Revision 6, dated
December 2, 2011.
    (4) The following service information was approved for IBR on
July 21, 2004 (69 FR 33561, June 16, 2004).
    (i) Boeing Service Bulletin 757-54-0035, Revision 1, dated April
15, 1999.
    (ii) Boeing Service Bulletin 757-54-0035, Revision 2, dated June
13, 2002.
    (5) The following service information was approved for IBR on
January 3, 2000 (64 FR 66370, November 26, 1999).
    (i) Boeing Service Bulletin 757-54-0035, dated July 17, 1997.
    (ii) Reserved.
    (6) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; phone: 206-544-
5000, extension 1; fax:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com.
    (7) You may view copies of this service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (8) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 19, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-04826 Filed 3-17-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 195 (Wednesday, October 13, 2021)]
[Rules and Regulations]
[Pages 56837-56838]
[FR Doc No: 2021-22209]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31393; Amdt. No. 3977]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPS) and associated Takeoff Minimums
and Obstacle Departure procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective October 13, 2021. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 13, 2021.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected] or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg., 29 Room 104,
Oklahoma City, OK 73169. Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by
establishing, amending, suspending, or removes SIAPS, Takeoff Minimums
and/or ODPS. The complete regulatory description of each SIAP and its
associated Takeoff Minimums or ODP for an identified airport is listed
on FAA form documents which are incorporated by reference in this
amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20.
The applicable FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, 8260-15B,
when required by an entry on 8260-15A, and 8260-15C.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers or
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the typed of SIAPS, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPs as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flights safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this 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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Lists of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on October 1, 2021.
Thomas J Nichols,
Aviation Safety, Flight Standards Service, Manager, Standards Section,
Flight Procedures & Airspace Group, Flight Technologies & Procedures
Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CRF part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 4 November 2021

Middlefield, OH, 7G8, RNAV (GPS) RWY 11, Orig-C
Middlefield, OH, 7G8, RNAV (GPS) RWY 29, Orig-C

Effective 2 December 2021

Beaver, AK, PAWB, RNAV (GPS) RWY 5, Orig-A
Beaver, AK, PAWB, RNAV (GPS) RWY 23, Orig-A
Taylor, AZ, KTYL, RNAV (GPS) RWY 21, Amdt 1
Taylor, AZ, Taylor, Takeoff Minimums and Obstacle DP, Amdt 2
Lamoni, IA, KLWD, RNAV (GPS) RWY 18, Amdt 1
Lamoni, IA, KLWD, RNAV (GPS) RWY 36, Amdt 1
Lamoni, IA, Lamoni Muni, Takeoff Minimums and Obstacle DP, Amdt 1
Newton, IA, Newton Muni-Earl Johnson Field, VOR RWY 14, Amdt 9C
Presque Isle, ME, Presque Isle Intl, Takeoff Minimums and Obstacle
DP, Amdt 7
Cadillac, MI, KCAD, ILS OR LOC RWY 7, Amdt 1
Cadillac, MI, KCAD, RNAV (GPS) RWY 7, Orig-C
Cadillac, MI, KCAD, RNAV (GPS) RWY 25, Orig-B
Ionia, MI, Y70, RNAV (GPS) RWY 10, Orig
Ionia, MI, Y70, RNAV (GPS) RWY 28, Amdt 1
Ionia, MI, Ionia County, Takeoff Minimums and Obstacle DP, Orig-B
Manistee, MI, KMBL, ILS OR LOC RWY 28, Amdt 2
Columbia, MS, K0R0, RNAV (GPS) RWY 23, Amdt 2
Columbia, MS, Columbia-Marion County, Takeoff Minimums and Obstacle
DP, Amdt 1
Buffalo, NY, KBUF, ILS OR LOC RWY 5, Amdt 18
Buffalo, NY, KBUF, ILS OR LOC RWY 23, ILS RWY 23 (SA CAT I), Amdt 34
Buffalo, NY, KBUF, ILS OR LOC RWY 32, Amdt 3
Springfield, OH, KSGH, RNAV (GPS) RWY 6, Orig-A
Springfield, OH, KSGH, RNAV (GPS) RWY 15, Orig
Springfield, OH, KSGH, RNAV (GPS) RWY 24, Orig-A
Springfield, OH, KSGH, RNAV (GPS) RWY 33, Orig
Ardmore, OK, KADM, VOR-B, Amdt 1C
Gold Beach, OR, Gold Beach Muni, NELLL ONE Graphic DP
Gold Beach, OR, Gold Beach Muni, Takeoff Minimums and Obstacle DP,
Orig
Lexington, OR, Lexington Airport, Takeoff Minimums and Obstacle DP,
Amdt 1
Washington, PA, KAFJ, ILS OR LOC RWY 27, Amdt 1D
Washington, PA, KAFJ, RNAV (GPS) RWY 9, Amdt 1F
Washington, PA, KAFJ, RNAV (GPS) RWY 27, Amdt 1C
Westerly, RI, KWST, LOC RWY 7, Amdt 7
Lemmon, SD, KLEM, RNAV (GPS) RWY 30, Orig-B
Lemmon, SD, Lemmon Muni, Takeoff Minimums and Obstacle DP, Amdt 2
Smyrna, TN, Smyrna, Takeoff Minimums and Obstacle DP, Amdt 7
Sweetwater, TX, KSWW, RNAV (GPS) RWY 17, Orig-B
Omak, WA, Omak, EPHRATA ONE Graphic DP
Omak, WA, Omak, GETNG ONE Graphic DP, CANCELLED
Omak, WA, Omak, Takeoff Minimums and Obstacle DP, Amdt 1A
Jackson, WY, Jackson Hole, GEYSER SIX Graphic DP
Jackson, WY, KJAC, RNAV (GPS) X RWY 1, Amdt 2
Jackson, WY, KJAC, VOR RWY 1, Amdt 1
Jackson, WY, KJAC, VOR RWY 19, Amdt 1

[FR Doc. 2021-22209 Filed 10-12-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Rules and Regulations]
[Pages 15065-15067]
[FR Doc No: 2018-07159]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2018-0261]
RIN 1625-AA08

Special Local Regulation; Wy-Hi Rowing Regatta, Detroit River,
Trenton Channel, Wyandotte, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for
certain navigable waters of the Detroit River, Trenton Channel,
Wyandotte, MI. This action is necessary and is intended to ensure
safety of life on navigable waters immediately prior to, during, and
immediately after the Wy-Hi Rowing Regatta event.

DATES: This temporary final rule is effective from 7:30 a.m. until 5:30
p.m. on May 5, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0261 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
COTP Captain of the Port
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 just recently received the final details
of this rowing event, Wy-Hi Rowing Regatta, which does not provide
sufficient time to publish an NPRM prior to the event. Thus, delaying
the effective date of this rule to wait for a comment period to run
would be contrary to public interest because it would inhibit the Coast
Guard's ability to protect participants, mariners and vessels from the
hazards associated with this event. It is impracticable to publish an
NPRM because the special regulation must be effective on May 5, 2018.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Detroit (COTP) has determined that the
likely combination of recreation vessels, commercial vessels, and an
unknown number of spectators in close proximity to a youth rowing
regatta along the water pose extra and unusual hazards to public safety
and property. Therefore, the COTP is establishing a special local
regulation around the event location to help minimize risks to safety
of life and property during this event.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation from
7:30 a.m. until 5:30 p.m. on May 05, 2018. In light of the
aforementioned hazards, the COTP has determined that a special local
regulation is necessary to protect spectators, vessels, and
participants. The special local regulation will encompass the following
waterway: All waters of the Detroit River, Trenton Channel between the
following two lines going from bank-to-bank: The first line is drawn
directly across the channel from position 42[deg]11.0' N, 083[deg]09.4'
W (NAD 83); the second line, to the north, is drawn directly across the
channel from position 42[deg]11.7' N, 083[deg]08.9' W (NAD 83).
    An on-scene representative of the COTP may permit vessels to
transit the area when no race activity is occurring. The on-scene
representative may be present on any Coast Guard, state, or local law
enforcement vessel assigned to patrol the event. Vessel operators
desiring to transit through the regulated area must contact the Coast
Guard Patrol Commander to obtain permission to do so. The COTP or his
designated on-scene representative may be contacted via VHF Channel 16
or at<PHONE_NUMBER>.
    The COTP or his designated on-scene representative will notify the
public of the enforcement of this rule by all appropriate means,
including a Broadcast Notice to Mariners and Local Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on 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 special local regulation.
Vessel traffic will be able to safely transit around this special local
regulation zone which will impact a small designated area of the
Detroit River from 7:30 a.m. to 5:30 p.m. May 05, 2018. Moreover, the
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the special local regulation and the rule allows
vessels to seek permission to enter the area.

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
special local regulation 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 special local regulation lasting ten hours that will prohibit entry
into a designated area. It is categorically excluded from further
review under paragraph L[61] 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 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.T09-0261 to read as follows:

Sec.  100.T09-0261  Special Local Regulation; Wy-Hi Rowing Regatta,
Detroit River, Trenton Channel, Wyandotte, MI.

    (a) Regulated areas. The following regulated area is established as
a special local regulation: All waters of the Detroit River, Trenton
Channel between the following two lines going from bank-to-bank: The
first line is drawn directly across the channel from position
42[deg]11.0' N, 083[deg]09.4' W (NAD 83); the second line, to the
north, is drawn directly across the channel from position 42[deg]11.7'
N, 083[deg]08.9' W (NAD 83).
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port (COTP) Detroit in the enforcement of the regulated
areas.
    (c) Regulations. (1) Vessels transiting through the regulated area
are to maintain the minimum speeds for safe navigation.
    (2) Vessel operators desiring to enter, transit through, anchoring
in, remaining in, or operate within the regulated area must contact the
CTOP Detroit or his designated representative to obtain permission to
do so. The COTP Detroit or his designated representative may be
contacted via VHF Channel 16 or at<PHONE_NUMBER>. Vessel operators given
permission to operate within the regulated area must comply with all
directions given to them by the COTP or his on-scene representative.
    (d) Enforcement date. The regulated area described in paragraph (a)
of this section will be enforced from 7:30 a.m. until 5:30 p.m. on May
5, 2018.

    Dated: April 2, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-07159 Filed 4-6-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Notices]
[Page 68480]
[FR Doc No: 2022-24817]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 6240-064]

Watson Associates; Notice of Intent To Prepare an Environmental
Assessment

    On August 27, 2021, Watson Associates filed a relicense application
for the 265-kilowatt Watson Dam Hydroelectric Project No. 6240
(project). The project is located on the Cocheco River in Strafford
County, New Hampshire. The project does not occupy federal land.
    In accordance with the Commission's regulations, on August 23,
2022, Commission staff issued a notice that the project was ready for
environmental analysis (REA Notice). Based on the information in the
record, including comments filed on the REA Notice, staff does not
anticipate that licensing the project would constitute a major federal
action significantly affecting the quality of the human environment.
Therefore, staff intends to prepare an Environmental Assessment (EA) on
the application to relicense the project.
    The EA will be issued and circulated for review by all interested
parties. All comments filed on the EA will be analyzed by staff and
considered in the Commission's final licensing decision.
    The application will be processed according to the following
schedule. Revisions to the schedule may be made as appropriate.
---------------------------------------------------------------------------

    \1\ The Council on Environmental Quality's (CEQ) regulations
under 40 CFR 1501.10(b)(1) require that EAs be completed within 1
year of the federal action agency's decision to prepare an EA. This
notice establishes the Commission's intent to prepare an EA for the
Watson Dam Hydroelectric Project. Therefore, in accordance with
CEQ's regulations, the EA must be issued within 1 year of the
issuance date of this notice.

------------------------------------------------------------------------
                 Milestone                           Target date
------------------------------------------------------------------------
Commission issues EA......................  May 2023.\1\
Comments on EA............................  June 2023.
------------------------------------------------------------------------

    Any questions regarding this notice may be directed to Michael
Watts at<PHONE_NUMBER> or [email protected].

    Dated: November 8, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-24817 Filed 11-14-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Notices]
[Page 52018]
[FR Doc No: 2012-21080]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR12-26-000]

Kinder Morgan Pony Express Pipeline LLC; Belle Fourche Pipeline
Company; Notice of Petition for Declaratory Order

    Take notice that on August 17, 2012, pursuant to Rule 207(a)(2) of
the Commission's Rules of Practices and Procedure, 18 CFR
385.207(a)(2)(2012), Kinder Morgan Pony Express Pipeline LLC and Belle
Fourche Pipeline Company, filed a petition seeking a declaratory order
approving certain specified rate structures, services and prorationing
terms, as more fully described in their petition.
    Any person desiring to intervene or to protest in this proceedings
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) on or
before 5 p.m. Eastern time on the specified comment date. 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. Anyone filing a motion to intervene or protest must serve a
copy of that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern time on Friday, September 14, 2012.

    Dated: August 21, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-21080 Filed 8-27-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 192 (Friday, October 3, 2014)]
[Notices]
[Page 59764]
[FR Doc No: 2014-23621]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2839-014]

Village of Lyndonville Electrical Department; Notice of Intent To
File License Application, Filing of Pre-Application Document, Approving
Use of the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 2839-014
    c. Date Filed: May 27, 2014
    d. Submitted By: Village of Lyndonville Electrical Department
(Lyndonville)
    e. Name of Project: Great Falls Hydroelectric Project
    f. Location: On the Passumpsic River, in Caledonia County, Vermont.
No federal lands are occupied by the project works or located within
the project boundary.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations
    h. Potential Applicant Contact: Kenneth Mason, Village of
Lyndonville Electrical Department, 119 Park Avenue, P.O. Box 167,
Lyndonville, VT 05851;<PHONE_NUMBER>.
    i. FERC Contact: Bill Connelly at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. Lyndonville filed its request to use the Traditional Licensing
Process on May 27, 2014. Lyndonville provided public notice of its
request on June 10, 2014. In a letter dated September 23, 2014, the
Director of the Division of Hydropower Licensing approved Lyndonville's
request to use the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and/or NOAA Fisheries under section
7 of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR, Part 402. We are also initiating consultation
with the Vermont State Historic Preservation Officer, as required by
section 106, National Historic Preservation Act, and the implementing
regulations of the Advisory Council on Historic Preservation at 36 CFR
800.2.
    l. With this notice, we are designating Lyndonville as the
Commission's non-federal representative for carrying out informal
consultation pursuant to section 7 of the Endangered Species Act and
consultation pursuant to section 106 of the National Historic
Preservation Act.
    m. Lyndonville filed a Pre-Application Document (PAD; including a
proposed process plan and schedule) with the Commission, pursuant to 18
CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for electronic review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site (http://www.ferc.gov), using the ``eLibrary''
link. Enter the docket number, excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). A copy is also available for inspection
and reproduction at the address in paragraph h.
    o. The licensee states its unequivocal intent to submit an
application for a new license for Project No. 2839. Pursuant to 18 CFR
16.8, 16.9, and 16.10 each application for a new license and any
competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by May 31,
2017.
    p. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

     Dated: September 29, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-23621 Filed 10-2-14; 8:45 am]
BILLING CODE 6717-01-P