[Federal Register: September 25, 2009 (Volume 74, Number 185)]
[Proposed Rules]
[Page 48889-48891]
[DOCID:fr25se09-27]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0796]
RIN 1625-AA09

Drawbridge Operation Regulation; Chester River, Chestertown, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change the drawbridge operation
regulations of the S213 Bridge, at mile 26.8, across Chester River at
Chestertown MD. This proposal would allow the bridge to open on signal
if at least six hours notice is given and would provide for the
reasonable needs of navigation, due to the anticipated infrequency of
requests for vessel openings of the drawbridge.

DATES: Comments and related material must reach the Coast Guard on or
before November 9, 2009.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2009-0796 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulation.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: 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.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these methods. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for instructions on submitting
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Waverly W. Gregory, Bridge Administrator, Fifth
Coast Guard District, at<PHONE_NUMBER><EMAIL_ADDRESS>If
you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

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.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0796), indicate the specific section of this
document to which each comment and provide a reason for each suggestion
or recommendation. You may submit your comments and material online
(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 via
http://www.regulations.gov, it will be considered received by the Coast
Guard when you successfully transmit the 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 e-mail address, or a phone 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,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2009-0796'' in the ``keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit them by mail or 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 them 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. We may change this
proposed rule in view of them.

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,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-0796'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of all 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).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why one 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.

Background and Purpose

    Maryland Department of Transportation-State Highway Administration
(MDOT) is responsible for the operation of the S213 Bridge, at mile
26.8, across Chester River at Chestertown MD. MDOT requested advance
notification for vessel openings year-round due to the anticipated
infrequency of requests for vessel openings of the drawbridge.
    The S213 Bridge has a vertical clearance in the closed position to
vessels of 12 feet, above mean high water.

    The existing operating regulations set out in 33 CFR 117.551
require the draw to open on signal from April 1 through September 30
from 6 a.m. to 6 p.m. At all other times, the draw shall open on signal
if at least six hours notice is given.
    Bridge opening data, supplied by MDOT, revealed a small amount of
yearly openings of the draw span. In the past five years from 2004 to
2008, the bridge opened for vessels 42, 38, 54, 34 and 34 times,
respectively. Due to the anticipated infrequency of requests for vessel
openings of the drawbridge, MDOT requested to change the current
operating regulation by requiring the draw of the bridge to open on
signal if at least six hours notice is given year-round.

Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.551, by revising the
paragraph to read that the draw of the S213 Bridge mile 26.8 located in
Chestertown MD, shall open on signal if at least six hours notice is
given at all times.
    These changes are proposed due to the anticipated infrequency of
requests for vessel openings of the drawbridge.

Regulatory Analyses

    We developed this proposed 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 proposed 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.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
    We reached this conclusion based on the fact that the proposed
changes have only a minimal impact on maritime traffic transiting the
bridge. Mariners can plan their trips in accordance with the proposed
scheduled bridge openings, to minimize delays.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This proposed rule would affect the following entities, some of
which might be small entities: the owners and operators of vessels
needing to transit the bridge who cannot clear the bridge at its closed
position.
    This proposed rule would not have a significant economic impact on
a substantial number of small entities because any operator of an
affected vessel may still transit the bridge if that operator provides
the necessary notice six hours or more in advance of the scheduled
transit.
    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.

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 so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District,<PHONE_NUMBER>. The Coast
Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 or more in any
one year. Though this proposed 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 proposed rule would not effect a 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 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.

Protection of Children

    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.

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.

Energy Effects

    We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, and Commandant Instruction
M16475.lD which guides 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 which do not individually or cumulatively have a
significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. 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 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as
follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

    2. Revise Sec.  117.551 to read as follows:

Sec.  117.551  Chester River.

    The draw of the S213 Bridge, mile 26.8, at Chestertown MD shall
open on signal if at least six hours notice is given.

    Dated: September 3, 2009.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E9-23135 Filed 9-24-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Rules and Regulations]
[Pages 5902-5904]
[FR Doc No: 2018-02750]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0076; Product Identifier 2013-NM-227-AD; Amendment
39-19194; AD 2018-03-21]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Model A330-202, -203, -223, and -243 airplanes. This AD requires
contacting the FAA to obtain instructions for addressing the unsafe
condition on these products, and doing the actions specified in those
instructions. This AD was prompted by a design review of the airplane
configuration incorporating certain fire extinguisher bottles and an
optional galley cooling rack installation, which revealed that the air
cooling rack is installed too close to the supply hose of a high rate
fire extinguishing bottle. We are issuing this AD to address the unsafe
condition on these products.

DATES: This AD becomes effective February 27, 2018.
    We must receive comments on this AD by March 29, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0076; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations office
(telephone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 1601 Lind
Avenue SW, Renton, WA 98057-3356; telephone:<PHONE_NUMBER>; fax: 425-
227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2014-0248, dated November 19, 2014 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Airbus Model A330-202, -203, -
223, and -243 airplanes. The MCAI states:

    During a design review of aeroplane configuration incorporating
Kidde fire extinguisher bottles and optional galley cooling rack
installation, it was identified that the air cooling rack is
installed too close to the supply hose of the high rated fire
extinguishing bottle in the area of frame (FR)34. Inadequate
physical separation between the flexible hose and the air cooling
rack could lead to chafing, likely resulting in loss of the Fire
Extinguishing System for the Lower Deck Cargo Compartment.
    This condition, if not corrected, could lead, in case of fire,
to an uncontrolled fire in the cargo compartment, which could
ultimately jeopardise the aeroplane's safe flight.
    To address this unsafe condition, Airbus developed an improved
flexible hose assembly (Airbus mod 200195, available for in-service
aeroplanes through Airbus SB A330-26-3046) and EASA issued AD 2013-
0250 (later revised) to require replacement of Part Number (P/N) P/N
A2627045200000 flexible hose assembly of the Fire Extinguisher
System at FR34.
    Since EASA AD 2013-0250R1 was issued, it was discovered that
another flexible hose assembly, P/N A2627045400200, is also affected
by this chafing issue.
    Prompted by this finding, Airbus issued SB A330-26-3046 Revision
02 to incorporate this additional affected P/N and to provide
additional work instructions for aeroplanes which accomplished the
SB at a previous revision.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2013-0250R1, which is superseded, and
requires additional work on aeroplanes that have already been
modified in accordance with the instructions of the original issue
or Revision 01 of the SB.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0076.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI. We are
issuing this AD because we evaluated all pertinent information and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, we
find good cause that notice and opportunity for prior public comment
are unnecessary. In addition, for the reason(s) stated above, we find
that good cause exists for making this amendment effective in less than
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2018-0076; Product
Identifier 2013-NM-227-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD based on
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. This AD
requires contacting the FAA to obtain instructions for addressing the
unsafe condition, and doing the actions specified in those
instructions. Based on the actions specified in the MCAI AD, we are
providing the following cost

estimates for an affected airplane that is placed on the U.S. Register
in the future:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Modification...............................  6 work-hours x $85 per hour = $510.            $399            $909
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

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 adding the following new airworthiness
directive (AD):

2018-03-21 Airbus: Amendment 39-19194; Docket No. FAA-2018-0076;
Product Identifier 2013-NM-227-AD.

(a) Effective Date

    This AD becomes effective February 27, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A330-202, -203, -223, and -243
airplanes, certificated in any category, all manufacturer serial
numbers which incorporate the Airbus modifications specified in
paragraphs (c)(1), (c)(2), or (c)(3) of this AD; except those
airplanes which incorporate Airbus modification 200195, or Airbus
modification 40487 (in production modification for installation of
Pacific-Scientific fire extinguisher bottles), or Airbus Service
Bulletin A330-26-3013 (in-service modification for installation of
Pacific-Scientific fire extinguisher bottles).
    (1) Airbus modification 45785.
    (2) Airbus modification 45883.
    (3) Airbus modification 46616.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire
protection.

(e) Reason

    This AD was prompted by a design review of the airplane
configuration incorporating Kidde fire extinguisher bottles and an
optional galley cooling rack installation, which revealed that the
air cooling rack is installed too close to the supply hose of the
high rate fire extinguishing bottle in the area of frame (FR) 34. We
are issuing this AD to detect and correct inadequate physical
separation between the flexible supply hose and the air cooling rack
and consequent chafing and possible loss of the fire extinguishing
system for the lower deck cargo compartment. Such a condition could
result in an uncontrolled fire in the cargo compartment.

(f) Compliance

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

(g) Required Action(s)

    Within 30 days after the effective date of this AD, request
instructions from the Manager, International Section, Transport
Standards Branch, FAA, to address the unsafe condition specified in
paragraph (e) of this AD; and accomplish the actions at the times
specified in, and in accordance with, those instructions. Guidance
can be found in Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency (EASA) AD 2014-0248, dated
November 19, 2014.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, International Section, Transport Standards Branch,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the International Section, send it to the
attention of the person identified in paragraph (i)(2) of this AD.
Information may be emailed to: 9-ANM-116-AMOC-REQUE[email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.

(i) Related Information

    (1) Refer to MCAI EASA AD 2014-0248, dated November 19, 2014,
for related information. You may examine the MCAI on the internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2018-0076.

    (2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

(j) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on February 2, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-02750 Filed 2-9-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Rules and Regulations]
[Pages 37234-37235]
[FR Doc No: 2021-15017]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0292; Airspace Docket No. 21-AGL-22]
RIN 2120-AA66

Establishment and Modification of Class E Airspace; Williston
Basin, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes a Class E airspace area, designated as
an extension to a Class D or Class E surface area, at Williston Basin
International Airport, Williston, ND. This action also modifies the
Class E airspace extending upward from 700 feet above the surface. The
airspace modifications support the establishment of new instrument
procedures for runways 04 and 22. This action also updates the
geographic coordinates in the Class E2 and Class E5 text headers. The
airspace supports instrument flight rules (IFR) operations at the
airport.

DATES: Effective 0901 UTC, October 7, 2021. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

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

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (86 FR 21672; April 23, 2021) for Docket No. FAA-2021-0292 to
modify the Class E airspace at Williston Basin International Airport,
Williston, ND. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received.
    After the publication of the NPRM, the FAA determined that Class E4
airspace should be established versus modifying the Class E2 airspace.
This action corrects the NPRM by establishing Class E4 airspace. This
airspace area is designed to contain IFR aircraft descending below
1,000 feet above the surface on the VOR RWY 22 approach. The new Class
E4 area is identical to the Class E2 modification that was proposed in
the NPRM. The airspace is described as ``That airspace extending upward
from the surface within 2.4 miles each side of the 045[deg] bearing
from the airport, extending from the Class E2's 4.2-mile radius to 6.8
miles northeast of the airport.''
    Class E2, E4, and E5 airspace designations are published in
paragraphs 6002, 6004, and 6005 of FAA Order 7400.11E, dated July 21,
2020, and effective September 15, 2020, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designation listed in
this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to 14 CFR part 71 establishes a Class E airspace
area, designated as an extension to a Class D or Class E surface area,
at Williston Basin International Airport, Williston, ND. This airspace
area is established northeast of the airport and is designed to contain
arriving IFR aircraft descending below 1,000 feet above the surface on
the VOR RWY 22 approach.
    Additionally, this action modifies the Class E airspace extending
upward from 700 feet above the surface. This airspace is designed to
contain arriving IFR aircraft descending below 1,500 feet above the
surface and departing IFR aircraft until reaching 1,200 feet above the
surface. An area northeast and

another southwest of the airport are added to contain IFR aircraft
arriving and departing the airport.
    Lastly, the action updates the geographic coordinates in the Class
E2 and Class E5 text headers. The coordinates are updated to ``lat.
48[deg]15'35'' N, long. 103[deg]45'02'' W,'' to match the FAA database.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 6002 Class E Airspace Designated as a Surface Area.

* * * * *

AGL ND E2 Williston, ND [Amended]

Williston Basin International Airport, ND
    (Lat. 48[deg]15'35'' N, long. 103[deg]45'02'' W)

    That airspace extending upward from the surface within a 4.2-
mile radius of the airport, and within 1.3 miles each side of the
135[deg] bearing from the airport extending from the 4.2-mile radius
to 4.7 miles southeast of the airport, and within 1.3 miles each
side of the 339[deg] bearing from the airport extending from the
4.2-mile radius to 4.7 miles north of the airport.

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

* * * * *

AGL ND E4 Williston, ND [New]

Williston Basin International Airport, ND
    (Lat. 48[deg]15'35'' N, long. 103[deg]45'02'' W)

    That airspace extending upward from the surface within 2.4 miles
each side of the 045[deg] bearing from the airport extending from
the Class E2's 4.2-mile radius to 6.8 miles northeast of the
airport.

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

* * * * *

AGL ND E5 Williston, ND [Amended]

Williston Basin International Airport, ND
    (Lat. 48[deg]15'35'' N, long. 103[deg]45'02'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of the airport, and within 4.4 miles each
side of the 044[deg] bearing from the airport extending from the
6.7-mile radius to 9.8 miles northeast of the airport, and within 2
miles each side of the 053[deg] bearing from the airport extending
from the 6.7-mile radius to 12.4 miles northeast of the airport and
within 3.3 miles each side of the 133[deg] bearing from the airport
extending from the 6.7-mile radius to 11.3 miles southeast of the
airport, and within 2.1 miles each side of the 232[deg] bearing from
the airport extending from the 6.7-mile radius to 11.8 miles
southwest of the airport, and within 3.8 miles each side of the
340[deg] bearing from the airport extending from the 6.7-mile radius
to 11 miles north of the airport; and that airspace extending upward
from 1,200 feet above the surface within a 41-mile radius of the
airport.

    Issued in Des Moines, Washington, on July 9, 2021.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2021-15017 Filed 7-14-21; 8:45 am]
BILLING CODE 4910-13-P