[Federal Register Volume 85, Number 72 (Tuesday, April 14, 2020)]
[Rules and Regulations]
[Pages 20592-20593]
[FR Doc No: 2020-07703]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-1069; Airspace Docket No. 19-ANM-12]
RIN 2120-AA66

Amendment of Class E Airspace; Bryce Canyon, UT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace, designated as a surface
area, at Bryce Canyon Airport, Bryce Canyon, UT, by adding an extension
to the northeast of the airport. Also, this action amends Class E
airspace by establishing an area, designated as an extension to a
surface area, to the southwest of the airport. Additionally, this
action amends Class E airspace, extending upward from 700 feet above
the surface, by reducing the area to the east and southeast of the
airport. Further, this action removes Class E airspace extending upward
from 1,200 feet above the surface. This airspace is wholly contained
within Denver en route airspace and duplication is not necessary.
Lastly, this action makes an administrative update to the Class E
surface airspace's legal descriptions.

DATES: Effective 0901 UTC, July 16, 2020. The Director of the Federal
Register approves this incorporation by reference action under Title 1
Code of Federal Regulations part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E airspace at Bryce Canyon Airport, Bryce
Canyon, UT, to ensure the safety and management of Instrument Flight
Rules (IFR) operations at the airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (85 FR 5176; January 29, 2020) for Docket No. FAA-2019-1069 to
amend Class E airspace at Bryce Canyon Airport, Bryce Canyon, UT.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E2, E4, and E5 airspace designations are published in
paragraphs 6002, 6004 and 6005, respectively, of FAA Order 7400.11D,
dated August 8, 2019, and effective September 15, 2019, which is
incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document will be published subsequently in
the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace at Bryce Canyon Airport, Bryce Canyon,
UT.

This action amends Class E airspace, designated as a surface area, by
adding a small extension to the northeast of the airport. The surface
airspace extension is designed to contain IFR aircraft descending below
1,000 feet above the surface. The amended surface area is described as
follows: That airspace extending upward from the surface within a 4.2-
mile radius of the airport, and 1 mile each side of the 047[deg]
bearing from the airport, extending from the 4.2-mile radius to 5.4
miles northeast of the Bryce Canyon Airport.
    Also, this action amends Class E airspace by establishing an area,
designated as an extension to a surface area, to the southwest of the
airport. This area is also designed to contain IFR aircraft descending
below 1,000 feet above the surface and is described as follows: That
airspace extending upward from the surface within 1 mile each side of
the 227[deg] bearing from the airport, extending from the 4.2-mile
radius to 7.8 miles southwest of the Bryce Canyon Airport.
    Additionally, this action amends Class E airspace, extending upward
from 700 feet above the surface, by reducing the area to the east and
southeast of the airport. This area is designed to contain IFR arrivals
descending below 1,500 feet above the surface and IFR departures until
reaching 1,200 feet above the surface. This area is described as
follows: That airspace extending upward from 700 feet above the surface
within 8 miles north and 4.2 miles south of the 047[deg] bearing from
the airport, extending from the airport to 16 miles northeast of the
airport, and with 8 miles north and 4.2 miles south of the 227[deg]
bearing from the airport, extending from the airport to 16 miles
southwest of Bryce Canyon Airport.
    Further, this action removes Class E airspace extending upward from
1,200 feet above the surface. This airspace is wholly contained within
the Denver en route airspace and duplication is not necessary.
    Lastly, this action makes an administrative update to the Class E
surface airspace's legal descriptions. The surface airspace should be
in effect full time. The following two sentences do not accurately
reflect the time of use and are removed. ``This Class E airspace area
is effective during specific dates and times established in advance by
a Notice to Airmen. The effective date and time will thereafter be
continuously published in the Airport/Facility Directory.''
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area.

* * * * *

ANM UT E2 Bryce Canyon, UT [Amended]

Bryce Canyon Airport, UT
    (Lat. 37[deg]42'23'' N, long. 112[deg]08'45''W)

    That airspace extending upward from the surface within a 4.2-
mile radius of the airport, and 1 mile each side of the 047[deg]
bearing from the airport, extending from the 4.2-mile radius to 5.4
miles northeast of Bryce Canyon Airport.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.

* * * * *

ANM UT E4 Bryce Canyon, UT [New]

Bryce Canyon Airport, UT
    (Lat. 37[deg]42'23'' N, long. 112[deg]08'45'' W)

    That airspace extending upward from the surface within 1 mile
each side of the 227[deg] bearing from the airport, extending from
the 4.2-mile radius to 7.8 miles southwest of Bryce Canyon Airport.

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

* * * * *

ANM UT E5 Bryce Canyon, UT [Amended]

Bryce Canyon Airport, UT
    (Lat. 37[deg]42'23'' N, long. 112[deg]08'45'' W)

    That airspace extending upward from 700 feet above the surface
within 8 miles north and 4.2 miles south of the 047[deg] bearing
from the airport, extending from the airport to 16 miles northeast
of the airport, and within 8 miles north and 4.2 miles south of the
227[deg] bearing from the airport, extending from the airport to 16
miles southwest of Bryce Canyon Airport.

    Issued in Seattle, Washington, on April 7, 2020.
Shawn M. Kozica
Group Manager, Western Service Center Operations Support Group.
[FR Doc. 2020-07703 Filed 4-13-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 119 (Wednesday, June 22, 2022)]
[Notices]
[Page 37373]
[FR Doc No: 2022-13319]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2022-0828]

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewed Approval of Information Collection: Small
Unmanned Aircraft Registration System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. Aircraft registration is necessary to ensure personal
accountability among all users of the National Airspace System (NAS).
Aircraft registration also allows the FAA and law enforcement agencies
to address non-compliance by providing the means for identifying an
aircraft's owner and operator. This collection also permits individuals
to de-register or update their record in the registration database.

DATES: Written comments should be submitted by August 22, 2022.

ADDRESSES: Please send written comments:
    By Electronic Docket: www.regulations.gov (Enter docket number into
search field).
    By mail: Kevin West, Manager, Aircraft Registration Branch, AFB-
710, PO Box 25504, Oklahoma City, OK 73125.
    By fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Bonnie Lefko by email at:
[email protected]; phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0765.
    Title: Small Unmanned Aircraft Registration System.
    Form Numbers: None.
    Type of Review: Renewal of an information collection.
    Background: The Secretary of the Department of Transportation (DOT)
and the Administrator of the Federal Aviation Administration (FAA)
affirmed that all unmanned aircraft, including model aircraft, are
aircraft. As such, in accordance with 49 U.S.C. 44101(a) and as further
prescribed in 14 CFR part 48, registration is required prior to
operation. See 80 FR 63912, 63913 (October 22, 2015). Registration
allows the FAA to provide respondents with educational materials
regarding safety of flight in the NAS to promote greater accountability
and responsibility of these new users. Registration also allows the FAA
and law enforcement agencies to address non-compliance by providing the
means for identifying an aircraft's owner and operator.
    Subject to certain exceptions discussed below, aircraft must be
registered prior to operation. See 49 U.S.C. 44101-44103. Upon
registration, the Administrator must issue a certificate of
registration to the aircraft owner. See 49 U.S.C. 44103.
    Registration, however, does not provide the authority to operate.
Persons intending to operate a small unmanned aircraft must operate in
accordance with the exception for limited recreational operations (49
U.S.C. 44809), part 107 or part 91, in accordance with a waiver issued
under part 107, in accordance with an exemption issued under 14 CFR
part 11 (including those persons operating under an exemption issued
pursuant to 49 U.S.C. 44807), or in conjunction with the issuance of a
special airworthiness certificate, and are required to register.
    Respondents: 283,761 registrants and 21,910 de-registrants based on
CY 2021 data.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 6 minutes per response to
register and 3 minutes per response to de-register.
    Estimated Total Annual Burden: Approximately 28,376 hours to
register and 1,096 to de-register.

    Issued in Oklahoma City, OK on June 16, 2022.
Bonnie Lefko,
Program Analyst, FAA, Civil Aviation Registry, AFB-700.
[FR Doc. 2022-13319 Filed 6-21-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Notices]
[Pages 26776-26777]
[FR Doc No: 2014-10648]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0062]

Powered Industrial Trucks Standard; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Powered Industrial
Trucks Standard. The information collection requirements address truck
design, construction and modification, as well as certification of
training and evaluation for truck operators.

DATES: Comments must be submitted (postmarked, sent, or received) by
July 8, 2014.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2011-0062, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and the
OSHA docket number (OSHA-2011-0062) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, are placed in the public docket without change, and may be
made available online at http://www.regulations.gov. For further
information on submitting comments, see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accord with the Paperwork Reduction Act of
1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
    Paragraph (a)(4) of the Powered Industrial Trucks Standard requires
employers to obtain the manufacturer's written approval before
modifying a truck in a manner that affects its capacity and safe
operation; if the manufacturer grants such approval, the employer must
revise capacity, operation, and maintenance instruction plates, tags,
and decals accordingly. For front-end attachments not installed by the
manufacturer, paragraph (a)(5) mandates that employers provide a marker
on the trucks that identifies the attachment, as well as the weight of
both the truck and the attachment when the attachment is at maximum
elevation with a laterally centered load. Paragraph (a)(6) specifies
that employers must ensure that the markers required by paragraphs
(a)(3) through (a)(5) remain affixed to the trucks and are legible.
    Paragraphs (1)(4) and (1)(6) of the Standard contain the paperwork
requirements necessary to certify the evaluation and training provided
to powered industrial truck operators. Accordingly, these paragraphs
specify the following requirements for employers.
     Paragraph (1)(4)(iii)--evaluate each operator's
performance at least once every three years.
     Paragraph (l)(6)--Certify that each operator meets the
training and evaluation requirements specified by paragraph (l). This
certification must include the operator's name, the training date, the
evaluation date, and the identity of the individual(s) who performed
the training and evaluation.

Requiring labels (markings) on modified equipment notifies workers of
the conditions under which they can safely operate powered industrial
trucks, thereby preventing such hazards as fires and explosions caused
by poorly designed electrical systems, rollovers/tipovers that result
from exceeding a truck's stability characteristics, and falling loads
that occur when loads exceed the lifting capacities of attachments.
Certification of worker training and evaluation provides a means of
informing employers that their workers received the training and
demonstrated the performance necessary to operate a truck within its
capacity and control limitations. By ensuring that workers operate only
trucks that are in proper working order, and do so safely, employers
prevent possible severe injury or death of truck operators and other
workers who are in the vicinity of the trucks. Finally, these paperwork
requirements are the most efficient means for an OSHA compliance
officer to determine that an employer properly notified workers about
the design and construction of, and modifications made to, the trucks
they are operating, and that an employer provided them with the
required training.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is proposing to decrease the existing burden hour estimate of
the collection of information requirements specified by the Standard.
In this regard, the Agency is proposing to decrease the current burden
hour estimate from 888,244 hours to 393,702 hours, a total decrease of
494,542 hours. The reason for this reduction is the removal of burden
hours associated with the requirement that employers provide training
to workers.
    Upon further analysis, OSHA has determined that these training
provision is not considered to be a collection of information under
PRA-95. In addition, the Agency was able to gather data updating the
number of trucks and operators. The Agency will summarize the comments
submitted in response to this notice and will include this summary in
the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Powered Industrial Trucks (29 CFR 1910.178).
    OMB Control Number: 1218-0242.
    Affected Public: Business or other for-profits.
    Number of Respondents: 1,106,552.
    Number of Responses: 2,206,464.
    Frequency of Reponses: On occasion; annually; triennially.
    Average Time per Response: Ranges from two minutes (.03 hour) to
mark an approved truck to 30 minutes (.50 hour) to perform an
evaluation.
    Estimated Total Burden Hours: 393,702.
    Estimated Cost (Operation and Maintenance): $232,365.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other materials must identify the Agency
name and the OSHA docket number for the ICR (Docket No. OSHA-2011-
0062). You may supplement electronic submissions by uploading document
files electronically. If you wish to mail additional materials in
reference to an electronic or facsimile submission, you must submit
them to the OSHA Docket Office (see the section of this notice titled
ADDRESSES). The additional materials must clearly identify your
electronic comments by your name, date, and the docket number so that
the Agency can attach them to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this Web
site. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov Web site to submit comments and
access the docket is available at the Web site's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available from the Web site, and for assistance in using the Internet
to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on May 5, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-10648 Filed 5-8-14; 8:45 am]
BILLING CODE 4510-26-P


Executive Order Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to appropriately weigh and consider the effects of the Federal Government's regulations on the supply, distribution, and use of energy, it is hereby ordered as follows:

Section 1. Policy. The Federal Government can significantly affect the supply, distribution, and use of energy. Yet there is often too little information regarding the effects that governmental regulatory action can have on energy. In order to provide more useful energy related information and hence improve the quality of agency decisionmaking, I am requiring that agencies shall prepare a Statement of Energy Effects when undertaking certain agency actions. As described more fully below, such Statements of Energy Effects shall describe the effects of certain regulatory actions on energy supply, distribution, or use.

Sec. 2. Preparation of a Statement of Energy Effects.

( a) To the extent permitted by law, agencies shall prepare and submit a Statement of Energy Effects to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, for those matters identified as significant energy actions.

( b) A Statement of Energy Effects shall consist of a detailed statement by the agency responsible for the significant energy action relating to:

( i) any adverse effects on energy supply, distribution, or use ( including a shortfall in supply, price increases, and increased use of foreign supplies) should the proposal be implemented, and ( ii) reasonable alternatives to the action with adverse energy effects and the expected effects of such alternatives on energy supply, distribution, and use.

( c) The Administrator of the Office of Information and Regulatory Affairs shall provide guidance to the agencies on the implementation of this order and shall consult with other agencies as appropriate in the implementation of this order.

Sec. 3. Submission and Publication of Statements.

( a) Agencies shall submit their Statements of Energy Effects to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, whenever they present the related submission under Executive Order 12866 of September 30, 1993, or any successor order.

( b) Agencies shall publish their Statements of Energy Effects, or a summary thereof, in each related Notice of Proposed Rulemaking and in any resulting Final Rule.

Sec. 4. Definitions. For purposes of this order:

( a) " Regulation" and " rule" have the same meaning as they do in Executive Order 12866 or any successor order.

( b) " Significant energy action" means any action by an agency ( normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking:

( 1)( i) that is a significant regulatory action under Executive Order 12866 or any successor order, and ( ii) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or ( 2) that is designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action.

( c) " Agency" means any authority of the United States that is an " agency" under 44 U. S. C. 3502( 1), other than those considered to be independent regulatory agencies, as defined in 44 U. S. C. 3502( 5).

Sec. 5. Judicial Review. Nothing in this order shall affect any otherwise available judicial review of agency action. This order is intended only to improve the internal management of the Federal Government and does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.

GEORGE W. BUSH THE WHITE HOUSE, May 18, 2001.

# # #


[Federal Register Volume 83, Number 83 (Monday, April 30, 2018)]
[Proposed Rules]
[Pages 18753-18756]
[FR Doc No: 2018-09006]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0359; Product Identifier 2018-NM-040-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Dassault Aviation Model MYSTERE-FALCON 900 airplanes. This proposed AD
was prompted by a determination that more restrictive maintenance
requirements and airworthiness limitations are necessary. This proposed
AD would require revising the maintenance or inspection program, as
applicable, to incorporate new and more restrictive maintenance
requirements and airworthiness limitations. We are proposing this AD to
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 14, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.

     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Dassault
Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South
Hackensack, NJ 07606; telephone<PHONE_NUMBER>; internet http://www.dassaultfalcon.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th Street, Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0359; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Operations
office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th Street, Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0359;
Product Identifier 2018-NM-040-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM based on
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2018-0027, dated January 30, 2018 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Dassault Aviation
Model MYSTERE-FALCON 900 airplanes. The MCAI states:

    The airworthiness limitations and certification maintenance
instructions for the Dassault Myst[egrave]re-Falcon 900 aeroplanes,
which are approved by EASA, are currently defined and published in
the Dassault Myst[egrave]re-Falcon 900 [airplane maintenance manual]
AMM chapter 5-40. These instructions have been identified as
mandatory for continued airworthiness.
    Failure to accomplish these instructions could result in an
unsafe condition [i.e., reduced structural integrity of the
airplane].
    Consequently, EASA issued AD 2016-0127 [which corresponds to FAA
AD 2017-19-03 Amendment 39-19033 (82 FR 43166, September 14, 2017)
(``AD 2017-19-03'')] to require accomplishment of the maintenance
tasks, and implementation of the airworthiness limitations, as
specified in Dassault Myst[egrave]re-Falcon 900 AMM chapter 5-40
Revision 22.
    Since that [EASA] AD was issued, Dassault issued Revision 23 of
the Dassault Myst[egrave]re-Falcon 900 AMM chapter 5-40, which
introduces new and more restrictive maintenance requirements and/or
airworthiness limitations.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2016-0127, which is superseded, and requires
accomplishment of the actions specified in Revision 23 of the
Dassault Myst[egrave]re-Falcon 900 AMM chapter 5-40 * * *.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0359.

Relationship Between Proposed AD and Certain Other ADs

    This NPRM would not supersede AD 2017-19-03. Rather, we have
determined that a stand-alone AD would be more appropriate to address
the changes in the MCAI. This NPRM would require revising the
maintenance or inspection program to incorporate the new maintenance
requirements and airworthiness limitations. Accomplishment of the
proposed actions would then terminate all requirements of AD 2017-19-
03. Accomplishment of the proposed actions would also terminate all
requirements of AD 2016-01-16, Amendment 39-18376 (81 FR 3320, January
21, 2016) (``AD 2016-01-16'') and certain requirements of AD 2010-26-
05, Amendment 39-16544 (75 FR 79952, December 21, 2010) (``AD 2010-26-
05''), for Dassault Aviation Model MYSTERE-FALCON 900 airplanes.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued Chapter 5-40, Airworthiness
Limitations, Revision 23, dated September 2017, of the Dassault
Aviation Falcon 900 Maintenance Manual. This service information
describes procedures, maintenance tasks, and airworthiness limitations
specified in the Airworthiness Limitations Section (ALS) of the AMM.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type designs.
    This proposed AD requires revisions to certain operator maintenance
documents. Compliance with these revisions are required by 14 CFR
91.403(c). For airplanes that have been previously modified, altered,
or repaired in the areas addressed by this proposed AD, the operator
may not be able to accomplish the actions described in the revisions.
In this situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according to
paragraph (j)(1) of this proposed AD. The request should include a
description of changes to the required actions that will ensure the
continued damage tolerance of the affected structure.

Difference Between the MCAI and This Proposed AD

    The MCAI specifies that if there are findings from the ALS
inspection tasks, corrective actions must be accomplished in accordance
with Dassault Aviation maintenance documentation. However, this
proposed AD does not include that requirement. Operators of U.S.-

registered airplanes are required by general airworthiness and
operational regulations to perform maintenance using methods that are
acceptable to the FAA. We consider those methods to be adequate to
address any corrective actions necessitated by the findings of ALS
inspections required by this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 65 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:
    We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although we
recognize that this number may vary from operator to operator. In the
past, we have estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, we estimate the total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

Dassault Aviation: Docket No. FAA-2018-0359; Product Identifier
2018-NM-040-AD.

(a) Comments Due Date

    We must receive comments by June 14, 2018.

(b) Affected ADs

    This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR 79952,
December 21, 2010) (``AD 2010-26-05''); AD 2016-01-16, Amendment 39-
18376 (81 FR 3320, January 21, 2016) (``AD 2016-01-16''); and AD
2017-19-03, Amendment 39-19033 (82 FR 43166, September 14, 2017)
(``AD 2017-19-03'').

(c) Applicability

    This AD applies to Dassault Aviation Model MYSTERE-FALCON 900
airplanes, all serial numbers; certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time limits/
maintenance checks.

(e) Reason

    This AD was prompted by a determination that more restrictive
maintenance requirements and airworthiness limitations are
necessary. We are issuing this AD to prevent reduced structural
integrity of the airplane.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 90 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
information specified in Chapter 5-40, Airworthiness Limitations,
Revision 23, dated September 2017, of the Dassault Aviation Falcon
900 Maintenance Manual. The initial compliance times for doing the
tasks are at the time specified in Chapter 5-40, Airworthiness
Limitations, Revision 23, dated September 2017, of the Dassault
Aviation Falcon 900 Maintenance Manual, or within 90 days after the
effective date of this AD, whichever occurs later. The term ``LDG''
in the ``First Inspection'' column of any table in the service
information specified in this paragraph means total airplane
landings. The term ``FH'' in the ``First Inspection'' column of any
table in the service information specified in this paragraph means
total flight hours. The term ``FC'' in the ``First Inspection''
column of any table in the service information specified in this
paragraph means total flight cycles. The term ``M'' in the ``First
Inspection'' column of any table in the service information
specified in this paragraph means months.

(h) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (g) of this AD, no alternative actions (e.g.,
inspections), or intervals, may be used unless the actions, or
intervals, are approved as an alternative method of compliance
(AMOC) in accordance with the procedures specified in paragraph
(j)(1) of this AD.

(i) Terminating Actions for Other ADs

    (1) Accomplishing the actions required by paragraph (g) of this
AD terminates all requirements of AD 2017-19-03 and AD 2016-01-16.
    (2) Accomplishing the actions required by paragraph (g) of this
AD terminates the requirements of paragraph (g)(1) of AD 2010-26-05,
for Dassault Aviation Model MYSTERE-FALCON 900 airplanes.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this

AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the International Section, send
it to the attention of the person identified in paragraph (k)(2) of
this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Dassault Aviation's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2018-0027, dated January 30,
2018, for related information. This MCAI may be found in the AD
docket on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0359.
    (2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th Street, Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000,
South Hackensack, NJ 07606; telephone<PHONE_NUMBER>; internet http://www.dassaultfalcon.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th Street, Des
Moines, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on April 20, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-09006 Filed 4-27-18; 8:45 am]
BILLING CODE 4910-13-P