[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Proposed Rules]
[Pages 86840-86844]
[FR Doc No: 2023-27386]

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

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

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

Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2240; Project Identifier MCAI-2023-00936-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2021-24-20, which apply to all Airbus SAS Model A350-941 and -1041
airplanes, and AD 2023-03-05, which apply to certain Airbus SAS Model
A350-941 and -1041 airplanes. AD 2021-24-20 requires repetitive water
drainage and plug cleaning of the left- and right-hand slat geared
rotary actuators (SGRAs) having a certain part number installed on slat
5 track 12 with certain functional item numbers. AD 2023-03-05 requires
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. Since
the FAA issued AD 2021-24-20 and AD 2023-03-05, the FAA has determined
that new or more restrictive airworthiness limitations are necessary.
This proposed AD would continue to require certain actions in AD 2021-
24-20 and AD 2023-03-05 and would require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, as specified in a European
Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation by reference (IBR). The FAA is proposing this AD to
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 29,
2024.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-2240; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu. It is
also available at regulations.gov under Docket No. FAA-2023-2240.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-2240; Project Identifier
MCAI-2023-00936-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Dat
Le, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected]. Any commentary that the FAA receives that is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    The FAA issued AD 2021-24-20, Amendment 39-21841 (86 FR 72838,
December 23, 2021) (AD 2021-24-20), for all Airbus SAS Model A350-941
and -1041 airplanes. AD 2021-24-20 was prompted by an MCAI originated
by EASA, which is the Technical Agent for the Member States of the
European Union. EASA issued AD 2021-0130R1, dated June 10, 2021 (EASA
2021-0130R1) (which corresponds to FAA AD

2021-24-20), to correct an unsafe condition.
    AD 2021-24-20 requires repetitive water drainage and plug cleaning
of the left- and right-hand SGRAs having a certain part number
installed on slat 5 track 12 with certain functional item numbers. The
FAA issued AD 2021-24-20 to address SGRA jams, which could result in
reduced control of the airplane.
    The FAA also issued AD 2023-03-05, Amendment 39-22330 (88 FR 10011,
February 16, 2023) (AD 2023-03-05), for certain Airbus SAS Model A350-
941 and -1041 airplanes. AD 2023-03-05 was prompted by an MCAI
originated by EASA, which is the Technical Agent for the Member States
of the European Union. EASA issued AD 2022-0127, dated June 28, 2022
(EASA 2022-0127) (which corresponds to FAA AD 2023-03-05), to correct
an unsafe condition.
    AD 2023-03-05 requires revising the existing maintenance or
inspection program, as applicable, to incorporate additional new or
more restrictive airworthiness limitations. The FAA issued AD 2023-03-
05 to address hazardous or catastrophic airplane system failures. In
addition, paragraph (m) of AD 2023-03-05 specifies terminating action
for repetitive greasing of certain thrust reverser actuators required
by paragraph (g) of AD 2019-20-01, Amendment 39-19754 (84 FR 55495,
October 17, 2019). This proposed AD would therefore continue to allow
that terminating action.

Actions Since AD 2021-24-20 and AD 2023-03-05 Were Issued

    Since the FAA issued AD 2021-24-20 and AD 2023-03-05, EASA
superseded AD 2021-0130R1 and AD 2022-0127 and issued EASA AD 2023-
0157, dated July 31, 2023 (EASA AD 2023-0157) (referred to after this
as the MCAI), for all Airbus SAS Model A350-941 and -1041 airplanes.
The MCAI states that new or more restrictive airworthiness limitations
have been developed.
    Airplanes with an original airworthiness certificate or original
export certificate of airworthiness issued after June 1, 2023, must
comply with the airworthiness limitations specified as part of the
approved type design and referenced on the type certificate data sheet;
this proposed AD therefore does not include those airplanes in the
applicability.
    The FAA is proposing this AD to address hazardous or catastrophic
airplane system failure. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2023-2240.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0157. This service information
specifies new or more restrictive airworthiness limitations for
airplane structures and safe life limits.
    This proposed AD would also require EASA AD 2022-0127, dated June
28, 2022, which the Director of the Federal Register approved for
incorporation by reference as of March 23, 2023 (88 FR 10011, February
16, 2023).
    This proposed AD would also require EASA AD 2021-0130R1, dated June
10, 2021, which the Director of the Federal Register approved for
incorporation by reference as of January 27, 2022 (86 FR 72838,
December 23, 2021).
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain certain requirements of AD 2021-24-20
and AD 2023-03-05. This proposed AD would also require revising the
existing maintenance or inspection program, as applicable, to
incorporate additional new or more restrictive airworthiness
limitations, which are specified in EASA AD 2023-0157 already
described, as proposed for incorporation by reference. Any differences
with EASA AD 2023-0157 are identified as exceptions in the regulatory
text of this AD.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is 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 (AMOC) according to
paragraph (q)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA ADs by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with EASA
ADs through that incorporation, except for any differences identified
as exceptions in the regulatory text of this proposed AD. Using common
terms that are the same as the heading of a particular section in an
EASA AD does not mean that operators need comply only with that
section. For example, where the AD requirement refers to ``all required
actions and compliance times,'' compliance with this AD requirement is
not limited to the section titled ``Required Action(s) and Compliance
Time(s)'' in EASA AD 2023-0157. Service information required by EASA
ADs for compliance will be available at regulations.gov by searching
for and locating Docket No. FAA-2023-2240 after the FAA final rule is
published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).

    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOCs paragraph under ``Additional AD Provisions.'' This new format
includes a ``New Provisions for Alternative Actions and Intervals''
paragraph that does not specifically refer to AMOCs, but operators may
still request an AMOC to use an alternative action or interval.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 30 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                             Estimated Costs for Retained Actions From AD 2021-24-20
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2021-24-20.  4 work-hours x $85 per               $0             $340          $10,200
                                       hour = $340.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the total cost per operator for the retained
actions from AD 2023-03-05 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate.
    The FAA estimates the total cost per operator for the new proposed
actions 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.
    The FAA is 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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:
0
a. Removing Airworthiness Directive (AD) 2021-24-20, Amendment 39-21841
(86 FR 72838, December 23, 2021); and AD 2023-03-05, Amendment 39-22330
(88 FR 10011, February 16, 2023); and
0
b. Adding the following new AD:

    Airbus SAS: Docket No. FAA-2023-2240; Project Identifier MCAI-
2023-00936-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by January 29, 2024.

(b) Affected ADs

    (1) This AD replaces AD 2021-24-20, Amendment 39-21841 (86 FR
72838, December 23, 2021) (AD 2021-24-20); and AD 2023-03-05,
Amendment 39-22330 (88 FR 10011, February 16, 2023) (AD 2023-03-05).
    (2) This AD affects AD 2019-20-01, Amendment 39-19754 (84 FR
55495, October 17, 2019) (AD 2019-20-01).

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before June 1, 2023.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address hazardous or catastrophic airplane system
failures.

(f) Compliance

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

(g) Retained Requirements of AD 2021-24-20, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD
2021-24-20, with no changes. Except as specified in paragraph (h) of
this AD, comply with all required actions and compliance times
specified in, and in accordance with, European Union Aviation Safety
Agency (EASA) AD 2021-0130R1, dated June 10, 2021 (EASA AD 2021-
0130R1). Accomplishing the revision of the existing maintenance or
inspection program required by paragraph (m) of this AD terminates
the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2021-0130R1, With No Changes

    This paragraph restates the exceptions specified in paragraph
(h) of AD 2021-24-20, with no changes.

    (1) Where EASA AD 2021-0130R1 refers to ``the effective date of
the original issue of this [EASA] AD,'' this AD requires using
January 27, 2022 (the effective date of AD 2021-24-20).
    (2) The ``Remarks'' section of EASA AD 2021-0130R1 does not
apply to this AD.

(i) Retained No Reporting for EASA AD 2021-0130R1, With No Changes

    This paragraph restates the no reporting requirement of
paragraph (i) of AD 2021-24-20, with no changes. Although the
service information referenced in EASA AD 2021-0130R1 specifies to
submit certain information to the manufacturer, this AD does not
include that requirement.

(j) Retained Revision of the Existing Maintenance or Inspection
Program, With No Changes

    This paragraph restates the requirements of paragraph (j) of AD
2023-03-05, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before May 2, 2022: Except as specified
in paragraph (k) of this AD, comply with all required actions and
compliance times specified in, and in accordance with, EASA AD 2022-
0127, dated June 28, 2022 (EASA AD 2022-0127). Accomplishing the
revision of the existing maintenance or inspection program required
by paragraph (m) of this AD terminates the requirements of this
paragraph.

(k) Retained Exceptions to EASA AD 2022-0127, With No Changes

    This paragraph restates the exceptions specified in paragraph
(k) of AD 2023-03-05, with no changes.
    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0127 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2022-0127 specifies to revise ``the
AMP'' within 12 months after its effective date, but this AD
requires revising the existing maintenance or inspection program, as
applicable, within 90 days after March 23, 2023 (the effective date
of AD 2023-03-05).
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0127 is at the applicable
``limitations'' as incorporated by the requirements of paragraph (3)
of EASA AD 2022-0127, or within 90 days after March 23, 2023 (the
effective date of AD 2023-03-05), whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2022-0127 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2022-0127 does not apply
to this AD.

(l) Retained Restrictions on Alternative Actions and Intervals With a
New Exception

    This paragraph restates the requirements of paragraph (l) of AD
2022-0127, with a new exception. Except as required by paragraph (m)
of this AD, after the existing maintenance or inspection program has
been revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2022-0127.

(m) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (n) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2023-0157, dated July 31, 2023 (EASA AD
2023-0157). Accomplishing the revision of the existing maintenance
or inspection program required by this paragraph terminates the
requirements of paragraphs (g) and (j) of this AD.

(n) Exceptions to EASA AD 2023-0157

    (1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0157.
    (2) Paragraph (3) of EASA AD 2023-0157 specifies revising ``the
AMP'' within 12 months after its effective date, but this AD
requires revising the existing maintenance or inspection program, as
applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA 2023-0157 is at the applicable ``limitations''
and ``associated thresholds'' as incorporated by the requirements of
paragraph (3) of EASA AD 2023-0157, or within 90 days after the
effective date of this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in
paragraphs (4) and (5) of EASA AD 2023-0157.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0157.

(o) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (m) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2023-0157.

(p) Terminating Action for Certain Tasks Required by AD 2019-20-01

    After the maintenance or inspection program has been revised as
required by paragraph (j) or (m) of this AD, the repetitive greasing
specified in EASA AD 2018-0234R1, dated November 13, 2018, and EASA
AD 2018-0234R2, dated September 17, 2019, as required by AD 2019-20-
01, is terminated for thrust reverser actuators, having part number
(P/N) 351D9908-689, P/N 351D9908-691 or P/N 351D9908-693.

(q) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation 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 responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (r) 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 responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(r) Additional Information

    For more information about this AD, contact Dat Le, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email [email protected].

(s) 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
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0157.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
March 23, 2023 (88 FR 10011, February 16, 2023).
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0127,
dated June 28, 2022.
    (ii) [Reserved]
    (5) The following service information was approved for IBR on
January 27, 2022 (86 FR 72838, December 23, 2021).
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0130R1,
dated June 10, 2021.
    (ii) [Reserved]
    (6) For EASA ADs 2021-0130R1, 2022-0127, and 2023-0157, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49
221 8999 000; email [email protected]; website easa.europa.eu. You
may find this EASA AD on the EASA website at ad.easa.europa.eu.
    (7) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (8) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on December 8, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-27386 Filed 12-14-23; 8:45 am]
BILLING CODE 4910-13-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2000 TRAVERWOOD DRIVE

ANN ARBOR, MI  48105-2498

									     OFFICE OF

									AIR AND RADIATION

2/11/16

MEMORANDUM

SUBJECT: Test Procedure Review with Cummins, Volvo, Navistar, Paccar,
Daimler Eaton and Allison

FROM: James Sanchez

TO:  Greenhouse Gas Emissions Standards and Fuel Efficiency Standards
for Medium- and

Heavy-Duty Engines and Vehicles - Phase 2 - Docket EPA-HQ-OAR-2014-0827

This memo documents communication on February 11, 2016 between
representatives of Cummins, Volvo, Navistar, Paccar, Eaton, Allison,
Daimler, Caterpillar, Hino, EMA and EPA to discuss heavy-duty test
procedures proposed in the Phase 2 greenhouse gas and fuel efficiency
standards for heavy-duty vehicles notice of proposed rulemaking.

Participants:

Allison –

Caterpillar – George Lin

Cummins – Jackie Yeager, Manik Narula

Daimler – Gerald Freitag, David Kayes, Inderpal Singh

Eaton – Erik Dykes

EMA – Tim Blubaugh

EPA – Houshun Zhang, James Sanchez

Hino – Mark Siddall

Navistar – Dave Gardner, Cortney Guzlas, Nathan Beauchamp, Laura
Ricart, Matt Hunkler

PACCAR – Mark Malowicki, Costi Nedelcu, Erin Luke, Dan Kieffer

Volvo – Marc Miller, Tony Greszler, Tim Connors

Discussion and follow-up items (with owner's name in bold):

SwRI testing – Houshun

No new data to share yet, some progress being made on gasoline engine
testing

Road grade evaluation – Mark M., James

Mark M. of PACCAR shared an analysis of Profile D (slides emailed
previously).  Profile D matches truck data reasonably well for
cumulative percent grade and half hill length but differs on rate of
change of grade.

James shared a similar type of analysis

Matt H. reported seeing some impact on “binary” engine operation due
to GEM driver model which does not allow the vehicle to overspeed going
downhill.  Also he is investigating changes to the cycle.

Manufacturers are continuing to evaluate Profile D

SEA process – All

Questions on how to run SEA for cycle average map for child rating and
for powertrain test

Topics for future calls:

(TBD) SwRI results (N13 365, gasoline engine) – Houshun

(TBD) Impact of mass in road grade analysis – Volvo


[Federal Register Volume 86, Number 210 (Wednesday, November 3, 2021)]
[Notices]
[Pages 60679-60681]
[FR Doc No: 2021-23924]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93449; File No. SR-ISE-2021-23]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Extend the
Exchange's Nonstandard Expirations Pilot Program

October 28, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 20, 2021, Nasdaq ISE, LLC (``ISE'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend the pilot period for the Exchange's
nonstandard expirations pilot program, currently set to expire on
November 4, 2021.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/ise/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    ISE filed a rule change for the listing and trading on the
Exchange, on a twelve month pilot basis, of p.m.-settled options on
broad-based indexes with nonstandard expirations dates \3\
(``Program''). The Program permits both Weekly Expirations and End of
Month (``EOM'') expirations similar to those of the a.m.-settled broad-
based index options, except that the exercise settlement value of the
options subject to the pilot are based on the index value derived from
the closing prices of component stocks. This pilot was extended various
times with the last extension through November 4, 2021.\4\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 82612 (February 1,
2018), 83 FR 5470 (February 7, 2018) (approving SR-ISE-2017-111)
(Order Approving a Proposed Rule Change To Establish a Nonstandard
Expirations Pilot Program).
    \4\ See Securities Exchange Act Release Nos. 85030 (February 1,
2019), 84 FR 2633 (February 7, 2019) (SR-ISE-2019-01); 85672 (April
17, 2019), 84 FR 16899 (April 23, 2019) (SR-ISE-2019-11); 87380
(October 22, 2019), 84 FR 57786 (October 28, 2019) (SR-ISE-2019-28);
88681 (April 17, 2020), 85 FR 22775 (April 23, 2020) (SR-ISE-2020-
17); 90265 (October 23, 2020), 85 FR 68605 (October 29, 2020) (SR-
ISE-2020-34); and 91486 (April 6, 2021), 86 FR 19048 (April 12,
2021) (SR-ISE-2021-06).
---------------------------------------------------------------------------

    Supplementary Material .07(a) to Options 4A, Section 12 provides
that the Exchange may open for trading Weekly Expirations on any broad-
based index eligible for standard options trading to expire on any
Monday, Wednesday, or Friday (other than the third Friday-of-the-month
or days that coincide with an EOM expiration). Weekly Expirations are
subject to all provisions of Options 4A, Section 12 and are treated the
same as options on the same underlying index that expire on the third
Friday of the expiration month. Unlike the standard monthly options,
however, Weekly Expirations are p.m.-settled.
    Pursuant to Supplementary Material .07(b) to Options 4A, Section 12
the Exchange may open for trading EOM expirations on any broad-based
index eligible for standard options trading to expire on the last
trading day of the month. EOM expirations are subject to all provisions
of Options 4A, Section 12 and treated the same as options on the same
underlying index that expire on the third Friday of the expiration
month. However, the EOM expirations are p.m.-settled.
    The Exchange now proposes to amend Supplementary Material .07(c) to
Options 4A, Section 12 so that the duration of the Program for these
nonstandard expirations will be through May 4, 2022. The Exchange
continues to have sufficient systems capacity to handle p.m.-settled
options on broad-based indexes with nonstandard expirations dates and
has not encountered any issues or adverse market effects as a result of
listing them. Additionally, there is continued investor interest in
these products. The Exchange will continue to make public on its
website any data and analysis it submits to the Commission under the
Program.
    The Exchange will be submitting a rule change to request that the
Program become permanent. In lieu of submitting any additional annual
reports, the Exchange would provide additional information requested by
the Commission in connection with the permanency rule change for this
Program. The Exchange would continue to provide the Commission with
ongoing data unless and until the Program is made permanent or
discontinued.
    The Exchange believes that the proposed extension of the Program
will not have an adverse impact on capacity.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\5\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\6\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed rule change will protect
investors and the public interest by providing the Exchange, the
Commission and investors the benefit of additional time to analyze
nonstandard expiration options. In particular, the Exchange believes
that the Program has been successful to date. The Exchange has not
encountered any problems with the Program. By extending the Program,
investors may continue to benefit from a wider array of investment
opportunities. Additionally, both the Exchange and the Commission may
continue to monitor the potential for adverse market effects of p.m.-
settlement on the market, including the underlying cash equities
market, at the expiration of these options.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. Options with nonstandard
expirations would be available for trading to all market participants.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \7\ and subparagraph (f)(6) of Rule 19b-4
thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \9\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \10\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that it
may immediately extend the Program prior to the current expiration date
so that the pilot may continue uninterrupted. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest as it will allow the
Program to continue uninterrupted, thereby avoiding investor confusion
that could result from a temporary interruption in the Program.
Accordingly, the Commission hereby waives the operative delay and

designates the proposed rule change operative upon filing.\11\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-ISE-2021-23 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-ISE-2021-23. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-ISE-2021-23, and should be submitted on
or before November 24, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-23924 Filed 11-2-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 192 (Friday, October 3, 2014)]
[Notices]
[Pages 59766-59767]
[FR Doc No: 2014-23528]

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

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: PR14-55-000.
    Applicants: Arkansas Oklahoma Gas Corporation.
    Description: Request for Limited Waiver of Requirement to Submit
Informational Rate Filing and Continued Limited Waiver of Form 549-D.
    Filed Date: 9/23/14.
    Accession Number: 20140923-5183.
    Comments Due: 5 p.m. ET 10/14/14.
    284.123(g) Protests Due:

    Docket Numbers: RP14-1277-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Sec.  4(d) rate filing per 154.403(d)(2): LNG Fuel
Tracker Filing 2014 to be effective 11/1/2014.
    Filed Date: 9/25/14.
    Accession Number: 20140925-5109.
    Comments Due: 5 p.m. ET 10/7/14.

    Docket Numbers: RP14-1278-000.
    Applicants: Midcontinent Express Pipeline LLC.
    Description: Sec.  4(d) rate filing per 154.204: Continental
Resources' Negotiated Rate to be effective 10/1/2014.
    Filed Date: 9/25/14.
    Accession Number: 20140925-5121.
    Comments Due: 5 p.m. ET 10/7/14.

    Docket Numbers: RP14-1279-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Sec.  4(d) rate filing per 154.204: Volume No. 2--
Statoil Natural Gas LLC SP102661 to be effective 11/1/2014.
    Filed Date: 9/25/14.
    Accession Number: 20140925-5151.
    Comments Due: 5 p.m. ET 10/7/14.

    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: RP14-1196-001.
    Applicants: Gas Transmission Northwest LLC.
    Description: Compliance filing per 154.203: Compliance to RP14-
1196-000 to be effective 9/22/2014.
    Filed Date: 9/26/14.
    Accession Number: 20140926-5018.
    Comments Due: 5 p.m. ET 10/8/14.

    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 Sec.  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, service, and qualifying
facilities filings

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<PHONE_NUMBER>.

    Dated: September 26, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-23528 Filed 10-2-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Rules and Regulations]
[Pages 35177-35181]
[FR Doc No: 2020-12379]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0099; Product Identifier 2019-NM-169-AD; Amendment
39-19917; AD 2020-11-13]
RIN 2120-AA64

July 14, 2020 Airworthiness Directives; De Havilland Aircraft of
Canada Limited (Type Certificate Previously Held by Bombardier, Inc.)
Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2010-23-
04, which applied to all De Havilland Aircraft of Canada Limited Model
DHC-8-400 series airplanes. AD 2010-23-04 required repetitive detailed
inspections of the nacelle attachment fittings for cracks, a
conductivity inspection of the nacelle attachment fittings, and
replacement if necessary. This AD continues to require these
inspections and replacement if necessary, removes a certain inspection
requirement for certain airplanes, and adds a new requirement to
replace the rear spar fitting and nacelle attaching structure with a
new nacelle attachment fitting. This AD was prompted by a determination
that it is necessary to do a replacement with new nacelle attachment
fittings. The FAA is issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective July 14, 2020.
    The Director of the Federal Register approved the incorporation by
reference

of certain publications listed in this AD as of July 14, 2020.

ADDRESSES: For service information identified in this final rule,
contact De Havilland Aircraft of Canada Limited, Q-Series Technical
Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
internet https://dehavilland.com. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0099.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0099; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is 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: Andrea Jimenez, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax 516-
794-5531; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2010-30R2, dated July
30, 2019, (also referred to as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for all
De Havilland Aircraft of Canada Limited (Type Certificate previously
held by Bombardier, Inc.) Model DHC-8-400, -401, and -402 airplanes.
You may examine the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0099.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2010-23-04, Amendment 39-16493 (75 FR
68174, November 5, 2010) (``AD 2010-23-04''). AD 2010-23-04 applied to
all De Havilland Aircraft of Canada Limited Model DHC-8-400 series
airplanes. The NPRM published in the Federal Register on March 12, 2020
(85 FR 14423). The NPRM was prompted by reports of cracked nacelle
attachment fittings, which a preliminary investigation determined to be
caused by stress corrosion, and a determination that it is necessary to
install new nacelle attachment fittings in order to address the unsafe
condition. The NPRM proposed to continue to require repetitive detailed
inspections of the nacelle attachment fittings for cracks, a
conductivity inspection of the nacelle attachment fittings, and
replacement if necessary. The NPRM also proposed to remove a certain
inspection requirement for certain airplanes, and add a new requirement
to replace the rear spar fitting and nacelle attaching structure with a
new nacelle attachment fitting. The FAA is issuing this AD to address
reports of cracked nacelle attachment fittings, which, if not detected
and corrected, could compromise the structural integrity of the nacelle
attachment fitting and possibly result in collapse of the landing gear.
See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The FAA has determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc. has issued Service Bulletin 84-54-14, Revision K,
dated August 7, 2018. This service bulletin describes procedures for a
conductivity inspection of the nacelle attachment fittings, repetitive
detailed inspections of the nacelle attachment fittings for cracks, and
replacement of the fitting.
    Bombardier, Inc. has also issued Service Bulletin 84-54-16,
Revision D, dated August 7, 2018. This service information describes
procedures for replacing the rear spar nacelle attachment fitting and
associated structure with a new nacelle attachment fitting, part number
(P/N) 8Z9305. The replacement includes applicable related investigative
and corrective actions. The related investigative actions include an
inspection of the internal bore and external surface of the main
landing gear yoke pins, the drag strut pins, and the stabilizer brace
pins for signs of corrosion and damage; and an inspection of the inner
bore and outer surface of the coat hangar pins for signs of corrosion
and damage. The corrective actions include repair, rework, or
replacement.
    Bombardier, Inc. has also issued Modification Summary Package
IS4Q5400012, Revision B, dated July 11, 2012. This service information
describes procedures for applying a fay sealant gasket to the rear spar
access fitting access panel.
    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.

Costs of Compliance

    The FAA estimates that this AD affects 54 airplanes of U.S.
registry.
    The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2010-23- 3 work-hours x $85  $0................  $255..............  $13,770.
 04.                               per hour = $255.
New actions.....................  320 work-hours x    Up to $104,739....  Up to $131,939....  Up to $7,124,706.
                                   $85 per hour =
                                   $27,200.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    The FAA 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) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

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)
2010-23-04, Amendment 39-16493 (75 FR 68174, November 5, 2010), and
adding the following new AD:

2020-11-13 De Havilland Aircraft of Canada Limited (Type Certificate
previously held by Bombardier, Inc.): Amendment 39-19917; Docket No.
FAA-2020-0099; Product Identifier 2019-NM-169-AD.

(a) Effective Date

    This AD is effective July 14, 2020.

(b) Affected ADs

    This AD replaces AD 2010-23-04, Amendment 39-16493 (75 FR 68174,
November 5, 2010) (``AD 2010-23-04'').

(c) Applicability

    This AD applies to De Havilland Aircraft of Canada Limited (Type
Certificate previously held by Bombardier, Inc.) Model DHC-8-400, -
401, and -402 airplanes, certificated in any category, serial
numbers 4001 and subsequent.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of cracked nacelle attachment
fittings, which a preliminary investigation determined to be caused
by stress corrosion. The FAA is issuing this AD to address this
condition, which, if not detected and corrected, could compromise
the structural integrity of the nacelle attachment fitting and
possibly result in collapse of the landing gear.

(f) Compliance

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

(g) Retained Detailed and Conductivity Inspections and Replacement,
With Revised Service Information and Revised Replacement Instructions

    This paragraph restates the requirements of paragraph (g) of AD
2010-23-04, with revised service information and revised replacement
instructions. For airplanes having serial numbers 4001 through 4304
inclusive, 4314, and 4315: Within 100 flight hours after November
22, 2010 (the effective date of AD 2010-23-04), do a detailed
inspection for cracking, and a conductivity inspection on each of
the 4 nacelle attachment fittings, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 84-54-14,
Revision K, dated August 7, 2018. Repeat the detailed inspection at
intervals not to exceed 300 flight hours, except as provided by
paragraph (i) of this AD. Accomplishing the replacement specified in
paragraph (g)(1)(ii) or (g)(2)(ii)(B) of this AD terminates the
inspections required by this paragraph.
    (1) If any nacelle attachment fitting is found cracked, before
further flight, do the action specified in paragraph (g)(1)(i) or
(ii) of this AD. As of the effective date of this AD, only the
action specified in paragraph (g)(1)(ii) of this AD may be done.
    (i) Replace the fitting with a new fitting in accordance with
paragraph (2) of Part A of the Accomplishment Instructions of
Bombardier Service Bulletin 84-54-14, Revision K, dated August 7,
2018.
    (ii) Replace the rear spar nacelle attachment fitting and
associated structure with a new nacelle attachment fitting, part
number (P/N) 8Z9305, and do all applicable related investigative and
corrective actions, in accordance with Part B of the Accomplishment
Instructions of Bombardier Service Bulletin 84-54-16 Revision D,
dated August 7, 2018. Do all applicable related investigative and
corrective actions before further flight.
    (2) If the conductivity of any test points on any fitting is
found to be greater than 45.0 percent International Annealed Copper
Standard (IACS) or if the conductivity of any test points on any
fitting is found to be less than 38.0 percent IACS, do the actions
required by paragraphs (g)(2)(i) and (ii) of this AD.
    (i) Within 24 hours after accomplishing the conductivity
inspection specified in paragraph (g) of this AD, do a detailed
inspection of the nacelle attachment fitting for cracking, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 84-54-14, Revision K, dated August 7, 2018, and
repeat thereafter at intervals not to exceed 24 hours. If cracking
is found, before further flight, replace the fitting with a new
fitting in accordance with the requirements of paragraph (g)(2)(ii)
of this AD. Replacement of the fitting terminates the daily detailed
inspection requirements of this paragraph.
    (ii) Except as required by paragraph (g)(2)(i) of this AD:
Within 300 flight hours after accomplishing the conductivity
inspection specified in paragraph (g) of this AD, do the action
specified in paragraph (g)(2)(ii)(A) or (B) of this AD. As of the
effective date of this AD, only the action specified in paragraph
(g)(2)(ii)(B) of this AD may be done.
    (A) Replace the fitting with a new fitting in accordance with
paragraph (2) of Part A of the Accomplishment Instructions of
Bombardier Service Bulletin 84-54-14, Revision K, dated August 7,
2018.
    (B) Replace the rear spar nacelle attachment fitting and
associated structure with a new nacelle attachment fitting, P/N
8Z9305, and do all applicable related investigative and corrective
actions, in accordance with Part B of the Accomplishment
Instructions of Bombardier Service Bulletin 84-54-16 Revision D,
dated August 7, 2018. Do all applicable related investigative and
corrective actions before further flight.

(h) Retained Inspections and Replacement, With Revised Service
Information, Revised Affected Airplanes, and Revised Replacement
Instructions

    This paragraph restates the requirements of paragraph (i) of AD
2010-23-04, with revised service information, revised affected
airplanes, and revised replacement instructions. For airplanes
having serial numbers 4305 through 4313 inclusive, and 4316 through
4380 inclusive, and airplanes that have replaced nacelle attachment
fitting(s) with P/N 854146663: Within 1,200

flight hours after November 22, 2010 (the effective date of AD 2010-
23-04), do a detailed inspection for cracking on each of the 4
nacelle attachment fittings, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 84-54-14, Revision K,
dated August 7, 2018. If any nacelle attachment fitting is found
cracked, before further flight, do the action specified in paragraph
(h)(1) or (2) of this AD. As of the effective date of this AD, only
the action specified in paragraph (h)(2) of this AD may be done.
Thereafter, repeat the detailed inspection at intervals not to
exceed 300 flight hours, except as provided by paragraph (i) of this
AD. Accomplishing the replacement specified in paragraph (h)(2) of
this AD terminates the inspections required by this paragraph.
    (1) Replace the fitting with a new fitting in accordance with
paragraph (2) of Part A of the Accomplishment Instructions of
Bombardier Service Bulletin 84-54-14, Revision K, dated August 7,
2018.
    (2) Replace the rear spar nacelle attachment fitting and
associated structure with a new nacelle attachment fitting, P/N
8Z9305, and do all applicable related investigative and corrective
actions, in accordance with Part B of the Accomplishment
Instructions of Bombardier Service Bulletin 84-54-16 Revision D,
dated August 7, 2018. Do all applicable related investigative and
corrective actions before further flight.

(i) Retained Inspection Compliance Time, With Revised Service
Information

    This paragraph restates the requirements of paragraph (j) of AD
2010-23-04, with revised service information. For any fitting that
is replaced in accordance with paragraph (3) of Part A of the
Accomplishment Instructions of Bombardier Service Bulletin 84-54-14,
Revision J, dated September 17, 2010; or paragraph (2) of Part A of
the Accomplishment Instructions of Bombardier Service Bulletin 84-
54-14, Revision K, dated August 7, 2018, as specified in paragraph
(g) or (h) of this AD: Within 1,200 flight hours after replacing the
fitting, do a detailed inspection of that replaced fitting as
specified in paragraph (g) or (h) of this AD, and repeat the
detailed inspection thereafter at intervals not to exceed 300 flight
hours. Accomplishing the replacement specified in paragraph
(g)(1)(ii), (g)(2)(ii)(B), or (h)(2) of this AD terminates the
inspections required by this paragraph.

(j) Retained Credit for Previous Actions (Replacing the Fitting), With
Revised Paragraph References

    This paragraph restates the credit provided in paragraph (k) of
AD 2010-23-04, with revised paragraph references. Accomplishing the
replacement of the nacelle fittings in accordance with any
Bombardier service bulletin identified in figure 1 to paragraphs (j)
and (k) of this AD before November 22, 2010 (the effective date of
AD 2010-23-04) is also acceptable for compliance with the fitting
replacements specified in paragraphs (g)(1)(i), (g)(2)(ii)(A), and
(h)(1) of this AD.
[GRAPHIC] [TIFF OMITTED] TR09JN20.001

(k) Retained Credit for Previous Actions (Inspections), With No Changes

    This paragraph restates the credit provided in paragraph (l) of
AD 2010-23-04, with no changes. Accomplishment of the inspections
required by paragraphs (g) and (h) of this AD before November 22,
2010 (the effective date of AD 2010-23-04) in accordance with any
Bombardier service bulletin identified in figure 1 to paragraphs (j)
and (k) of this AD is acceptable for compliance with the
corresponding actions required by paragraphs (g) and (h) of this AD.

(l) New Requirements of This AD: Modification of the Rear Spar Fitting
and Nacelle Attaching Structure

    For airplanes with nacelle attachment fitting P/N 85414663:
Unless already done as specified in paragraph (g)(1)(ii),
(g)(2)(ii)(B), or (h)(2) of this AD: Within 8,000 flight hours or 48
months, whichever occurs first, from the effective date of this AD,
replace the rear spar nacelle attachment fitting and associated
structure with a new nacelle attachment fitting, P/N 8Z9305, and do
all applicable related investigative and corrective actions, in
accordance with Part B of the Accomplishment Instructions of
Bombardier Service Bulletin 84-54-16, Revision D, dated August 7,
2018. Do all applicable related investigative and corrective actions
before further flight.

(m) New Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD that are identified in Bombardier
Service Bulletin 84-54-14, Revision K, dated August 7, 2018, if
those actions were performed before the effective date of this AD
using Bombardier Service Bulletin 84-54-14, Revision J, dated
September 17, 2010, which was incorporated by reference in AD 2010-
23-04; except as provided by paragraph (p) of this AD.
    (2) This paragraph provides credit for accomplishing the
replacement of the rear spar fitting and nacelle attaching structure
required by paragraph (l) of this AD, if those actions were
performed before the effective date of this AD using the service
information specified in paragraphs (m)(2)(i) through (iii) of this
AD.
    (i) Bombardier Service Bulletin 84-54-16, dated April 29, 2011.
    (ii) Bombardier Service Bulletin 84-54-16, Revision A, dated
August 1, 2011.
    (iii) Bombardier Service Bulletin 84-54-16, Revision C, dated
January 31, 2017.
    (3) This paragraph provides credit for accomplishing the
replacement of the rear spar fitting and nacelle attaching structure
required by paragraph (l) of this AD, if those actions were
performed before the effective date of this AD using Bombardier
Service Bulletin 84-54-16, Revision B, dated October 6, 2016.
Although Bombardier Service
    Bulletin 84-54-16, Revision B, dated October 6, 2016,
incorrectly stated that airworthiness limitations (AWLs) or damage
tolerance inspections (DTIs) are not affected, they are affected.
Refer to the applicable AWLs for Post/Pre-Modification Summary
(ModSum) 4-113697 and Bombardier Service Bulletin 84-54-16 in the
existing maintenance requirements manual.
    (4) This paragraph provides credit for accomplishing the action
identified in Bombardier Service Bulletin 84-54-14, Revision K,
dated August 7, 2018, that are required by paragraphs (g) and (h) of
this AD, if those actions were performed before the effective date
of this AD using the service information specified in paragraphs
(m)(4)(i) through (iv) of this AD.
    (i) Bombardier Service Bulletin 84-54-15, dated August 20, 2010.
    (ii) Bombardier Service Bulletin 84-54-15, Revision A, dated
October 25, 2010. (iii) Bombardier Service Bulletin 84-54-15,
Revision B, dated February 2, 2017. (iv) Bombardier Service Bulletin
84-54-15, Revision C, dated August 7, 2018.

(n) Terminating Action for Certain Actions in Paragraphs (g), (h), and
(i) of This AD

    Accomplishing the modification of the rear spar fitting and
nacelle attaching structure required by paragraph (l) of this AD
terminates the repetitive inspection required by paragraphs (g),
(h), and (i) of this AD for that airplane.

(o) Parts Installation Limitations

    As of the effective date of this AD, no person may install a
rear spar nacelle attachment fitting P/N 85414663 on any airplane.

(p) Credit for Alternative to Certain Credit Actions

    For airplanes on which Bombardier Service Bulletin 84-54-14,
Revision J, dated September 17, 2010, was accomplished before the
effective date of this AD: As an alternative to applying sealant to
each fitting and access panel as specified in paragraph C.(1) of the
Accomplishment Instructions of Bombardier Service Bulletin 84-54-14,
Revision J, dated September 17, 2010, the use of the instructions of
Bombardier Modification Summary Package IS4Q5400012, Revision B,
dated July 11, 2012, to apply sealant is also acceptable if
accomplished before the effective date of this AD.

(q) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO 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 manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (i) 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.
    (ii) AMOCs approved previously for AD 2010-23-04, are approved
as AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or De
Havilland Aircraft of Canada Limited's TCCA Design Approval
Organization (DAO). If approved by the DAO, the approval must
include the DAO-authorized signature.

(r) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2010-30R2, dated July 30, 2019, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2020-0099.
    (2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (s)(3) and (4) of this AD.

(s) 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.
    (i) Bombardier Service Bulletin 84-54-14, Revision K, dated
August 7, 2018.
    (ii) Bombardier Service Bulletin 84-54-16, Revision D, dated
August 7, 2018.
    (iii) Bombardier Modification Summary Package IS4Q5400012,
Revision B, dated July 11, 2012.
    (3) For service information identified in this AD, contact De
Havilland Aircraft of Canada Limited, Q-Series Technical Help Desk,
123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone
416-375-4000; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>internet
https://dehavilland.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) 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, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 29, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-12379 Filed 6-8-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Proposed Rules]
[Pages 20066-20069]
[FR Doc No: 2013-07682]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0129]
RIN 1625-AA08

Special Local Regulations; Marine Events, Spa Creek and Annapolis
Harbor; Annapolis, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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

SUMMARY: The Coast Guard proposes to establish special local
regulations during the swim segment of the ``TriRock Triathlon
Series'', a marine event to be held on the waters of Spa Creek and
Annapolis Harbor on July 20, 2013. These special local regulations are
necessary to provide for the safety of life on navigable waters during
the event. This action is intended to temporarily restrict vessel
traffic in a portion of Spa Creek and Annapolis Harbor during the
event.

DATES: Comments and related material must be received by the Coast
Guard on or before May 3, 2013.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Barbara
Hairston, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2013-0129] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2013-0129) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to ensure safety of life on navigable waters of the United
States during the swim segment of the TriRock Triathlon Series event.
    On July 20, 2013, Competitor Group Inc. of San Diego, California,
is sponsoring the ``TriRock Triathlon Series'' in Annapolis, Maryland.
The swim segment of the event will occur from 6:30 a.m. to 8:50 a.m.
and will be located in Spa Creek and Annapolis Harbor. Approximately
1,535 participants will operate on a 500-meter swim course located
between the Annapolis City Dock and the confluence of the Spa Creek
with the Severn River. The swimmers will be supported by sponsor-
provided watercraft. The start and finish will be located at the
Annapolis City Dock. A portion of the swim course will impede the
federal navigation channel. Due to the need for vessel control during
the event, the Coast Guard will temporarily restrict vessel traffic in
the event area to provide for the safety of participants, spectators
and other transiting vessels.

C. Discussion of Proposed Rule

    The Coast Guard proposes to establish special local regulations on
specified waters of Spa Creek and Annapolis Harbor. The regulations
will be enforced from 6 a.m. to 9:30 a.m. on July 20, 2013. The
regulated area includes all waters of the Spa Creek and Annapolis
Harbor, from shoreline to shoreline, bounded by a line drawn near the
entrance of Spa Creek originating at latitude 38[deg]58'40'' N,
longitude 076[deg]28'49'' W, thence south to latitude 38[deg]58'32'' N,
longitude 076[deg]28'45'' W. The regulated area is bounded to the
southwest by a line drawn from latitude 38[deg]58'34'' N, longitude
076[deg]29'05'' W thence south to latitude 38[deg]58'27'' N, longitude
076[deg]28'55'' W, located at Annapolis, Maryland.
    The effect of this proposed rule will be to restrict general
navigation in the regulated area during the event. Vessels intending to
transit Spa Creek and Annapolis Harbor through the regulated area will
only be allowed to safely transit the regulated area when the Coast
Guard Patrol Commander has deemed it safe to do so. Due to the need for
vessel control during the event, the Coast Guard will temporarily
restrict

vessel traffic in the event area to provide for the safety of
participants, spectators and other transiting vessels. The Coast Guard
will provide notice of the special local regulations by Local Notice to
Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the
following reasons: (1) The special local regulations will be enforced
for only 3\1/2\ hours; (2) although persons and vessels will not be
able to enter, transit through, anchor in, or remain within the event
area, without authorization from the Captain of the Port Baltimore or
his designated representative, they may operate in the surrounding area
during the enforcement period; and (3) the Coast Guard will provide
advance notification of the special local regulations to the local
maritime community by Local Notice to Mariners and Broadcast Notice to
Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of Spa Creek
and Annapolis Harbor encompassed within the special local regulations
from 6 a.m. until 9:30 a.m. on July 20, 2013. For the reasons discussed
in the Regulatory Planning and Review section above, this rule will not
have a significant economic impact on a substantial number of small
entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    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 proposed 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, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

5. Federalism

    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 proposed rule under that Order and
determined that this rule does not have implications for federalism.

6. 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.

7. 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children from Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01

and Commandant Instruction M16475.lD, which guide the Coast Guard in
complying with the National Environmental Policy Act of 1969 (NEPA)(42
U.S.C. 4321-4370f), and have made a preliminary determination 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
proposed rule involves special local regulations issued in conjunction
with a regatta or marine parade. This rule is categorically excluded
from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. A preliminary environmental analysis checklist
supporting this determination and a Categorical Exclusion Determination
are available in the docket where indicated under ADDRESSES. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

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 proposes
to amend 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.  100.35-T05-0129 to read as follows:

Sec.  100.35-T05-0129  Special Local Regulations for Marine Events, Spa
Creek and Annapolis Harbor; Annapolis, MD.

    (a) Regulated area. The following location is a regulated area: All
waters of the Spa Creek and Annapolis Harbor, from shoreline to
shoreline, bounded by a line drawn near the entrance of Spa Creek
originating at latitude 38[deg]58'40'' N, longitude 076[deg]28'49'' W,
thence south to latitude 38[deg]58'32'' N, longitude 076[deg]28'45'' W.
The regulated area is bounded to the southwest by a line drawn from
latitude 38[deg]58'34'' N, longitude 076[deg]29'05'' W thence south to
latitude 38[deg]58'27'' N, longitude 076[deg]28'55'' W, located at
Annapolis, MD. All coordinates reference Datum NAD 1983.
    (b) Definitions: (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the U. S. Coast Guard who
has been designated by the Commander, Coast Guard Sector Baltimore.
    (2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Baltimore with a commissioned, warrant,
or petty officer on board and displaying a Coast Guard ensign.
    (c) Special local regulations: (1) The Coast Guard Patrol Commander
may forbid and control the movement of all vessels and persons in the
regulated area. When hailed or signaled by an official patrol vessel, a
vessel or person in the regulated area shall immediately comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
    (2) All Coast Guard vessels enforcing this regulated area can be
contacted at telephone number<PHONE_NUMBER> or on marine band radio VHF-
FM channel 16 (156.8 MHz).
    (3) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
    (d) Enforcement period: This section will be enforced from 6 a.m.
to 9:30 a.m. on July 20, 2013.

    Dated: March 19, 2013.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-07682 Filed 4-2-13; 8:45 am]
BILLING CODE 9110-04-P