[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Proposed Rules]
[Pages 66783-66785]
[FR Doc No: 2012-26973]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2012-0738; FRL- 9712-9]
RIN 2050-AG73]

National Oil and Hazardous Substances Pollution Contingency Plan;
Revision To Increase Public Availability of the Administrative Record
File

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend the National Oil and Hazardous
Substances Pollution Contingency Plan, to acknowledge advancements in
technologies used to manage and convey information to the public.
Specifically, this revision will add language to EPA regulations to
broaden the technology, to include computer telecommunications or other
electronic means, that the lead agency is permitted to use to make the
administrative record file available to the public. By updating
language used to describe permitted technology, the lead agency will be
able to serve the information needs of a broader population while
maintaining the ability to provide traditional means of public access
to the administrative record file, such as paper copies and microform.
The lead agency should assess the capacity and resources of the public
to utilize and maintain an electronic- or computer

telecommunications-based repository to make a decision on which
approach suits a specific site.

DATES: Written comments must be received by December 7, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2012-0738, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center (EPA/DC), Superfund Docket, Mailcode: 28221T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave. NW., Washington, DC 20460. Attention
Docket ID No. EPA-HQ-SFUND-2012-0738. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2012-0738. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Superfund Docket (Docket
ID No. EPA-HQ-SFUND-2012-0738). This Docket Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
Superfund Docket telephone number is<PHONE_NUMBER>. EPA Docket Center
(EPA/DC), EPA West, Room 3334, 1301 Constitution Ave. NW., Washington,
DC.

FOR FURTHER INFORMATION CONTACT: For general information, contact the
Superfund, TRI, EPCRA, RMP and Oil Information Center at<PHONE_NUMBER>
or TDD<PHONE_NUMBER> (hearing impaired). In the Washington, DC
metropolitan area, call<PHONE_NUMBER> or TDD<PHONE_NUMBER>. For more
detailed information on specific aspects of this final rule, contact
Melissa Dreyfus at<PHONE_NUMBER> (dreyfus.melissa@epa.gov),
Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460-0002, Mail Code 5204P.

SUPPLEMENTARY INFORMATION:

I. Why is EPA issuing this proposed rule?

    This document proposes to amend the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP), to acknowledge
advancements in technologies used to manage and convey information to
the public. Specifically, this revision will add language to 40 CFR
300.805(c)--Location of the Administrative Record File in Subpart I--
Administrative Record for Selection of Response Action to broaden the
technology, to include computer telecommunications or other electronic
means, that the lead agency is permitted to use to make the
administrative record file available to the public. We have published a
direct final rule to add this language in the ``Rules and Regulations''
section of this Federal Register because we view this as a
noncontroversial action and anticipate no adverse comment. We have
explained our reasons for this action in the preamble to the direct
final rule.
    If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will timely
withdraw the direct final rule and it will not take effect. We would
address all public comments in any subsequent final rule based on this
proposed rule.
    We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.

II. What does this amendment do?

    This proposed rule would amend 40 CFR 300.805(c)--Location of the
Administrative Record File in Subpart I--Administrative Record for
Selection of Response Action of the National Oil and Hazardous
Substances Pollution Contingency Plan, to acknowledge advancements in
technologies used to manage and convey information to the public.
Specifically, this revision will add language to broaden the
technology, to include computer telecommunications or other electronic
means, that the lead agency is permitted to use to make the
administrative record file available to the public regarding documents
that form the basis for the selection of a response action. This
amendment does not limit the lead agency's ability to make the
administrative record file available to the public in traditional forms
such as paper and microform. The lead agency should assess the capacity
and resources of the public to utilize and maintain an electronic- or
computer telecommunications-based repository to make a decision on
which approach suits a specific site. Based on the preferences of the
community and the lead agency's assessment of the site-specific
situation, the lead agency will determine whether to provide: (1)
Traditional forms (e.g. paper copies; microform), (2) electronic
resources, or (3) both traditional forms and electronic resources.

III. Statutory and Executive Order Reviews

    For a complete discussion of all of the administrative requirements
applicable to this action, see the discussion in the ``Statutory and
Executive Order Reviews'' section to the preamble for the direct final
rule that is published in the Rules and Regulations section of this
Federal Register.
    Under Executive Order 12866 (58 FR 51735, October 4, 1993) and
Executive

Order 13563 (76 FR 3821, January 21, 2011), this proposed action is not
a ``significant regulatory action'' and is therefore not subject to OMB
review. This action merely adds language to 40 CFR 300.805(c) of the
NCP to broaden the technology to include computer telecommunications or
other electronic means that the lead agency is permitted to use to make
the administrative record file available to the public. This action
will enable the lead agency to serve the information needs of a broader
population while maintaining the ability to provide traditional means
of public access, such as paper copies and microform, to the
administrative record file. This action does not impose any
requirements on any entity, including small entities. Therefore,
pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.),
after considering the economic impacts of this action on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Dated: October 26, 2012.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2012-26973 Filed 11-6-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Rules and Regulations]
[Pages 63202-63204]
[FR Doc No: 2011-26125]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0489]
RIN 1625-AA87

Security Zones; Captain of the Port Lake Michigan Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: Based on a review of safety and security zones around critical
infrastructure in the Chicago area, the Captain of the Port Sector Lake
Michigan has determined that to better protect such infrastructure,
while also mitigating burdens on waterway users, it is necessary to
amend the Lake Michigan at Chicago Harbor & Burnham Park Harbor--Safety
and Security Zone regulation and the Security Zones; Captain of the
Port Lake Michigan regulation. Specifically, the Coast Guard is
amending these two regulations to reduce the size of an existing
security zone, disestablish another security zone, and create three new
security zones.

DATES: This rule is effective November 14, 2011.

ADDRESSES: Comments and material received from the public, if any, as
well as documents indicated in this preamble as being available in the
docket, are part of docket USCG-2011-0489 and are available online at
http://www.regulations.gov. This material is also available for
inspection or copying at two locations: The 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,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays and the U.S. Coast Guard Sector Lake Michigan, 2420 South
Lincoln Memorial Drive, Milwaukee, WI 53207, between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call LTJG Furyisa Miller, Waterways Department, Coast Guard MSU
Chicago, Chicago, IL at<PHONE_NUMBER> or e-mail her at
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 9, 2011, we published a notice of proposed rulemaking
entitled Security Zones; Captain of the Port Lake Michigan Zone in the
Federal Register (76 FR 48751). We received no comments on this rule.
No public meeting was requested, and none was held.

Background and Purpose

    The Coast Guard recently worked with local governmental agencies to
review the safety and security zones around critical infrastructure in
the Chicago area. Based on this review, the Captain of the Port Sector
Lake Michigan had determined that to better protect critical
infrastructure while also mitigating burdens on waterway users it is
necessary to reduce the size of an existing security zone, disestablish
an existing security zone, and establish three new security zones.

Discussion of Comments and Changes

    No comments were received regarding this rule, and the regulatory
text of this final rule is the same as in the proposed rule; we made no
changes.

Discussion of Rule

    For the reasons discussed above, the Captain of the Port Sector
Lake Michigan amends 33 CFR 165.904 and 165.910. Specifically, this
rule will reduce the size of the safety and security zone entitled Lake
Michigan at Chicago Harbor & Burnham Park Harbor-Safety and Security
Zone, which is located at 33 CFR 165.904. The revised zone will be
significantly reduced in size due to the disestablishment of Meigs
Airfield and the need to secure only Burnham Park harbor during high
profile visits that require security zone enforcement. This reduction
of the Chicago Harbor & Burnham Park Harbor-Safety and Security Zone
will result in the zone encompassing all U.S. navigable waters of Lake
Michigan from the southeast corner of Northerly Island shoreward of a
line across the entrance of the harbor connecting coordinates
41[deg]51'09'' N, 087[deg]36'36'' W and 41[deg]51'11'' N,
087[deg]36'22'' W.
    In addition to reducing the size of the security zone described in
Sec.  165.904(a), this rule also disestablishes a security zone.
Specifically, this rule disestablishes the security zone in 33 CFR
165.910(a)(1) entitled Security Zones; Captain of the Port Lake
Michigan; Navy Pier Northside.
    Finally, this rule establishes three new security zones in 33 CFR
165.910. The first new security zone, designated paragraph (a)(1) which
was formerly used for the Navy Pier Northside

security zone discussed above, will be located in the vicinity of the
Jardine Water Treatment Plant Chicago, Illinois. The Jardine Water
Filtration Plant security zone will encompass all U.S. navigable waters
of Lake Michigan within an arc of a 100-yard radius with its center
located on the approximate position 41[deg]53'46'' N, 087[deg]36'23''
W.
    The second new security zone is located in the vicinity of the
Wilson Avenue Crib, Chicago, Illinois. It encompasses all U.S.
navigable waters of Lake Michigan within the arc of a circle with a
100-yard radius with its center in approximate position 41[deg]58'00''
N, 087[deg]35'30'' W.
    The third new security zone is located in the vicinity of the new
Four Mile Intake Crib in Chicago, Illinois. It encompasses all U.S.
navigable waters encompasses waters of Lake Michigan within the arc of
a circle with a 100-yard radius with its center in approximate position
41[deg]52'40'' N, 087[deg]32'45'' W.
    In accordance with 33 CFR 165.33, no person or vessel may enter or
remain in one of the security zones discussed in this rule without
permission of the Captain of the Port Sector Lake Michigan. The Captain
of the Port Sector Lake Michigan, at his or her discretion, may permit
persons and vessels to enter the security zones addressed in this rule.
For instance, the Captain of the Port Sector Lake Michigan may permit
those U.S. Coast Guard certificated passenger vessels that normally
load and unload passengers at the north side of Navy Pier to operate in
the Jardine Water Filtration Plant security zone.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We conclude that this rule is not a significant
regulatory action because we anticipate that it will have minimal
impact on the economy, will not interfere with other agencies, will not
adversely alter the budget of any grant or loan recipients, and will
not raise any novel legal or policy issues. The security zones amended
and established by this rule will be relatively small and enforced for
relatively short time. Also, each security zone is designed to minimize
its impact on navigable waters. Furthermore, each security zone has
been designed to allow vessels to transit unrestricted to portions of
the waterways not affected by the security zones. Thus, restrictions on
vessel movements within that particular area are expected to be
minimal. Under certain conditions, moreover, vessels may still transit
through each security zone when permitted by the Captain of the Port,
Sector Lake Michigan. On the whole, the Coast Guard expects
insignificant adverse impact to mariners from the activation of these
security zones.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
might be small entities: The owners and operators of vessels intending
to transit or anchor in the security zones addressed in this rule.
These security zones will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
security zones in this rule would be in small areas surrounding the
intake cribs or areas near shore to Chicago's water filtration plants;
the security zones have been designed to allow traffic to pass safely
around these zones whenever possible.

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 rule so that they can better evaluate
its effects on them and participate in the rulemaking process.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not affect the taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This 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.

Protection of Children

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and

responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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
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. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES. This rule involves the establishment,
disestablishment, and changing of security zones, and thus, paragraph
34(g) of figure 2-1 in Commandant Instruction M16475.lD applies.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Amend Sec.  165.904 by revising paragraph (a) to read as follows:

Sec.  165.904  Lake Michigan at Chicago Harbor & Burnham Park Harbor--
Safety and Security Zone.

    (a) Location. All waters of Lake Michigan within Burnham Park
Harbor shoreward of a line across the entrance of the harbor connecting
coordinates 41[deg]51'09'' N, 087[deg]36'36''W and 41[deg]51'11'' N,
087[deg]36'22'' W.
* * * * *

0
3. In Sec.  165.910 revise paragraph (a)(1) heading and paragraph
(a)(1)(i), and add paragraphs (a)(10) and (a)(11) to read as follows:

Sec.  165.910  Security Zones; Captain of the Port Lake Michigan.

    (a) * * *
    (1) Jardine Water Filtration Plant. (i) Location. All waters of
Lake Michigan within the arc of a 100-yard radius with its center
located on the north wall of Jardine Water Filtration Plant,
approximate position 41[deg]53'46'' N, 087[deg]36'23'' W; (NAD 83)
* * * * *
    (10) Wilson Avenue Intake Crib. All waters of Lake Michigan within
the arc of a circle with a 100-yard radius of the Wilson Avenue Crib
with its center in approximate position 41[deg]58'00'' N,
087[deg]35'30'' W. (NAD83)
    (11) Four Mile Intake Crib. All waters of Lake Michigan within the
arc of a circle with a 100-yard radius of the Four Mile Crib with its
center in approximate position 41[deg]52'40'' N, 087[deg]32'45'' W.
(NAD83)
* * * * *

    Dated: September 27, 2011.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2011-26125 Filed 10-11-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Rules and Regulations]
[Pages 80554-80556]
[FR Doc No: 2023-25504]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1707; Project Identifier MCAI-2023-00605-T;
Amendment 39-22591; AD 2023-22-07]
RIN 2120-AA64

Airworthiness Directives; Deutsche Aircraft GmbH (Type
Certificate Previously Held by 328 Support Services GmbH; AvCraft
Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH)
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Deutsche Aircraft GmbH Model 328-100 airplanes. This AD was prompted by
a report of finding cracks in fuselage frames (FR) 24 and FR26. This AD
requires a one-time detailed and eddy current inspection of fuselage
FR24 and FR26 (left and right sides), performing corrective actions if
necessary, and reporting the inspection results, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is incorporated
by reference. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective December 26, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 26,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1707; 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, the mandatory continuing airworthiness
information (MCAI), 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.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, 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.
     You may view this material 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 in the AD docket at
regulations.gov under Docket No. FAA-2023-1707.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Deutsche Aircraft
GmbH Model 328-100 airplanes. The NPRM published in the Federal
Register on August 14, 2023 (88 FR 54939). The NPRM was prompted by AD
2023-0081, dated April 18, 2023, issued by EASA, which is the Technical
Agent for the Member States of the European Union (EASA AD 2023-0081)
(also referred to as the MCAI). The MCAI states a report of finding
cracks in fuselage frames FR24 and FR26. Investigation of the root
cause for cracking is ongoing. This condition, if not detected and
corrected, could lead to failure of load carrying structural elements,
possibly resulting in reduced integrity of the fuselage.
    In the NPRM, the FAA proposed to require a one-time detailed and
eddy current inspection of fuselage FR24 and FR26 (left and right
sides), performing corrective actions if necessary, and reporting the
inspection results, as specified in EASA AD 2023-0081. The FAA is
issuing this AD to address the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1707.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the cost to the public.

Additional Changes to This AD

    The FAA added paragraph (h)(5) of this AD to clarify that any
cracks found during the required inspections must be repaired before
further flight. The FAA has determined that, because of the safety
implications and consequences associated with that cracking, any
cracking in the fuselage FR24 and FR26 must be repaired before further
flight.

Conclusion

    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 reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
Except for minor editorial changes, this AD is adopted as proposed in
the NPRM. None of the changes will increase the economic burden on any
operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0081 specifies procedures for a one-time detailed and
eddy current inspection of fuselage FR24 and FR26 (left and right
sides) for damage (cracks). Depending on the inspection results, EASA
AD 2023-0081 also specifies corrective action, including obtaining and
following instructions for crack repair. EASA AD 2023-0081 also
requires reporting the inspection results to Deutsche Aircraft GmbH.
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 the ADDRESSES section.

Interim Action

    The FAA considers that this AD is an interim action. If final
action is later identified, the FAA might consider further rulemaking
then.

Costs of Compliance

    The FAA estimates that this AD affects 21 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
22 work-hours x $85 per hour = $1,870........................              $0           $1,870          $39,270
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

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

    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.

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2023-22-07 Deutsche Aircraft GmbH (Type Certificate Previously Held
by 328 Support Services GmbH; AvCraft Aerospace GmbH; Fairchild
Dornier GmbH; Dornier Luftfahrt GmbH): Amendment 39-22591; Docket
No. FAA-2023-1707; Project Identifier MCAI-2023-00605-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 26,
2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Deutsche Aircraft GmbH (Type Certificate
Previously Held by 328 Support Services GmbH; AvCraft Aerospace
GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code: 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report of finding cracks in fuselage
frames (FR) 24 and FR26. The FAA is issuing this AD to address
cracks in FR24 and FR26. The unsafe condition, if not addressed,
could result in failure of load carrying structural elements,
possibly resulting in reduced integrity of the fuselage.

(f) Compliance

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

(g) Requirements

    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
2023-0081, dated April 18, 2023 (EASA AD 2023-0081).

(h) Exceptions to EASA AD 2023-0081

    (1) Where EASA AD 2023-0081 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where paragraph (1) of EASA AD 2023-0081 refers to a
compliance time of ``within 1,500 flight cycles (FC) or during
accomplishment of Deutsche Aircraft GmbH Dornier 328 Maintenance
Review Board Report (MRBR) task 53-41-37-02, whichever occurs first
after the effective date of this AD.'' for this AD replace those
words with ``within 1,500 flight cycles after the effective date of
this AD.''
    (3) Where paragraph (2) of EASA AD 2023-0081 refers to
``damages,'' for this AD damages are any cracks, including surface
cracks.
    (4) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0081.
    (5) Where paragraph (2) of EASA AD 2023-0081 specifies ``before
next flight, contact Deutsche Aircraft GmbH for approved repair
instructions, and within the compliance time indicated therein,
accomplish the repair accordingly, including any post-repair
maintenance actions'' this AD requires replacing those words with
``repair cracking before further flight using a method approved by
the Manager, International Validation Branch, FAA; or EASA; or
Deutsche Aircraft GmbH's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature. Any post-repair maintenance actions must be done at the
time specified in the approved instructions.''

(i) 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 (j) 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 Deutsche Aircraft GmbH's EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.

(j) Additional Information

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

(k) 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) European Union Aviation Safety Agency (EASA) AD 2023-0081,
dated April 18, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0081, 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: ad.easa.europa.eu.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) 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 October 30, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-25504 Filed 11-17-23; 8:45 am]
BILLING CODE 4910-13-P