[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Proposed Rules]
[Pages 60236-60237]
[FR Doc No: 2013-23948]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0590; Airspace Docket No. 13-AGL-20]

Proposed Amendment of Class E Airspace; Lawrenceville, IL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at
Lawrenceville, IL. Decommissioning of the Mount Carmel nondirectional
radio beacon (NDB) at Mount Carmel Municipal Airport has made
reconfiguration necessary for standard instrument approach procedures
and for the safety and management of Instrument Flight Rules (IFR)
operations at the airport. Geographic coordinates would also be
updated.

DATES: 0901 UTC. Comments must be received on or before November 15,
2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2013-0590/Airspace Docket No. 13-
AGL-20, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9:00 a.m. and
5:00 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527), is on the ground floor of the
building at the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 817-321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2013-0590/
Airspace Docket No. 13-AGL-20.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Central Service Center, 2601 Meacham Blvd., Fort
Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), part 71 by modifying Class E airspace extending upward from
700 feet above the surface for standard instrument approach procedures
at Lawrenceville, IL. Airspace reconfiguration to within a 6.5-mile
radius of Mount Carmel Municipal Airport, with a segment extending from
the 6.5-mile radius to 7.4 miles south of the airport, is necessary due
to the decommissioning of the Mount Carmel NDB and the cancellation of
the NDB approach. Controlled airspace is necessary for the safety and
management of IFR operations at the

airport. Geographic coordinates of Mount Carmel Municipal Airport would
also be updated to coincide with the FAA's aeronautical database.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9X, dated August 7, 2013 and effective September 15, 2013, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend controlled airspace at Mount Carmel Municipal
Airport, Lawrenceville, IL.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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 part 71 continues to read as follows:

    Authority: 49 U.S.C. 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 7400.9X,
Airspace Designations and Reporting Points, dated August 7, 2013, and
effective September 15, 2013, is amended as follows:

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

* * * * *

AGL IL E5 Lawrenceville, IL [Amended]

Lawrenceville--Vincennes International Airport, IL
    (Lat. 38[deg]45'51'' N., long. 87[deg]36'20'' W.)
Mount Carmel Municipal Airport, IL
    (Lat. 38[deg]36'24'' N., long. 87[deg]43'36'' W.)
Lawrenceville VOR/DME
    (Lat. 38[deg]46'12'' N., long. 87[deg]36'14'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Lawrenceville-Vincennes International
Airport, and within 4.8 miles either side of the Lawrenceville VOR/
DME 018[deg] radial, extending from the 7-mile radius to 7 miles
northeast of the VOR/DME; and within a 6.5-mile radius of Mount
Carmel Municipal Airport, and within 2.7 miles either side of the
196[deg] bearing from Mount Carmel Municipal Airport, extending from
the 6.5-mile radius to 7.4 miles south of the airport.

    Issued in Fort Worth, TX, on September 23, 2013.
David P. Medina,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2013-23948 Filed 9-30-13; 8:45 am]
BILLING CODE 4901-13-P


[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Proposed Rules]
[Pages 485-489]
[FR Doc No: 2010-33335]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1305; Directorate Identifier 2010-NM-074-AD]
RIN 2120-AA64

Airworthiness Directives; Lockheed Martin Corporation/Lockheed
Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to all Model 382, 382B, 382E, 382F, and
382G airplanes. The existing AD currently requires revising the FAA-
approved maintenance program by incorporating new airworthiness
limitations for fuel tank systems to satisfy Special Federal Aviation
Regulation No. 88 requirements. That AD also requires the
accomplishment of certain fuel system modifications, the initial
inspections of certain repetitive fuel system limitations to phase in
those inspections, and repair if necessary. This proposed AD would
correct certain part number references, add an additional inspection
area, and for certain airplanes, require certain actions to be re-
accomplished according to revised service information. This proposed AD
results from a report of incorrect accomplishment information in the
service information cited by the existing AD. We are proposing this AD
to prevent the potential for ignition sources inside fuel tanks caused
by latent failures, alterations, repairs, or maintenance actions,
which, in combination with flammable fuel vapors, could result in a
fuel tank explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by February 22,
2011.

ADDRESSES: You may send comments 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 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company,
Airworthiness Office, Dept. 6A0M, Zone 0252, Column P-58, 86 S. Cobb
Drive, Marietta, Georgia 30063; telephone<PHONE_NUMBER>; fax 770-494-
5445; e-mail<EMAIL_ADDRESS>Internet http://www.lockheedmartin.com/ams/tools/TechPubs.html. You may review copies
of the referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Neil Duggan, Aerospace Engineer,
Propulsion and Services Branch, ACE-118A, FAA, Atlanta Aircraft
Certification Office, 1701 Columbia Avenue, College Park, GA 30337;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the

ADDRESSES section. Include ``Docket No. FAA-2010-1305; Directorate
Identifier 2010-NM-074-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this proposed AD. We will consider
all comments received by the closing date and may amend this proposed
AD because of 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 proposed AD.

Discussion

    The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: single failures, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
    We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
    On September 11, 2008, we issued AD 2008-20-01, amendment 39-15680
(73 FR 56464, September 29, 2008), for all Model 382, 382B, 382E, 382F,
and 382G airplanes. That AD requires revising the maintenance program
by incorporating new airworthiness limitations for fuel tank systems to
satisfy Special Federal Aviation Regulation No. 88 requirements. That
AD also requires the accomplishment of certain fuel system
modifications, the initial inspections of certain repetitive fuel
system limitations to phase in those inspections, and repair if
necessary. That AD resulted from a design review of the fuel tank
systems. We issued that AD to prevent the potential for ignition
sources inside fuel tanks caused by latent failures, alterations,
repairs, or maintenance actions, which, in combination with flammable
fuel vapors, could result in a fuel tank explosion and consequent loss
of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2008-20-01, we received information from the
manufacturer that Lockheed Service Bulletin 382-28-21, Revision 2,
dated November 20, 2006 (referenced in AD 2008-20-01 as a source of
additional guidance), contained an error in referencing certain part
numbers for tube, fuel tank, and bulkhead joint jumpers. The part
numbers as referenced in Revision 2 of that service bulletin do not
exist. The manufacturer has published Lockheed Service Bulletin 382-28-
21, Revision 4, dated January 6, 2010, to provide the correct part
number references. We have revised Table 1 of this AD accordingly.
    We have also received information from the manufacturer that the
last two bulleted steps of paragraphs 2.C.(2)(b)5 and 2.C.(2)(c)3 of
Lockheed Service Bulletin 382-28-22, Revision 3, dated March 28, 2008,
contain an error. Those steps specify that the GFI FAILURE and GROUND
FAULT DETECTED lights illuminate for 2 seconds. An alternate means of
compliance (AMOC) for AD 2008-20-01 was issued to disregard those
steps. The manufacturer has advised that it is planning to publish a
revision to Lockheed Service Bulletin 382-28-22, Revision 3, dated
March 28, 2008. However, we have determined that delaying this action
until after the release of this planned revision is not warranted,
since sufficient notice of the error in Lockheed Service Bulletin 382-
28-22, Revision 3, dated March 28, 2008, exists.

Relevant Service Information

    We have also reviewed Lockheed Service Bulletin 382-28-19, Revision
4, dated September 18, 2008. That service bulletin describes procedures
that are similar to those in Lockheed Service Bulletin 382-28-19,
Revision 3, dated November 30, 2006 (which was referenced in AD 2008-
20-01 as a source of additional guidance). However, Revision 4 of
Lockheed Service Bulletin 382-28-19 specifies an additional inspection
area (fuel probes) for the dry bay and other areas and revises actions.
Revision 4 of that service bulletin also specifies that for airplanes
on which the actions described in Revision 3 of Lockheed Service
Bulletin 382-28-19 are done, it is necessary to do the additional
action of inspecting the fuel probes when doing the zonal inspection of
the dry bay areas and other areas and re-accomplish certain inspections
of certain fuel system electrical wires (such as ensuring that
generator wire bundles are separated from fuel tank boundaries, certain
wire bundles are spot tied with certain lacing braid, and that the fuel
quantity indication system (FQIS) wiring in certain locations is routed
separately from AC power wires and is shielded using the correct
standard).
    We have also reviewed Lockheed Service Bulletin 382-28-20, Revision
11, dated April 20, 2010. That service bulletin describes procedures
that are similar to Lockheed Service Bulletin 382-28-20, Revision 5,
dated June 19, 2008 (which was referenced as a source of guidance in AD
2008-20-01), for installing ground fault interrupters (GFIs) and flame
arrestors for protection of the fuel system.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to develop on other airplanes of the
same type design. For this reason, we are proposing this AD, which
would supersede AD 2008-20-01 and would retain the requirements of the
existing AD. This

proposed AD would also require certain actions to be re-accomplished
according to revised service information described previously, except
as discussed under ``Difference Between the Proposed AD and the Service
Information.''

Difference Between the Proposed AD and the Service Information

    Although Lockheed Service Bulletin 382-28-19, Revision 4, dated
September 18, 2008, describes procedures for notifying Lockheed of any
discrepancies found during inspection, this proposed AD would not
require that action.

Explanation of Change to This AD

    We have removed the ``Service Bulletin Reference'' paragraph from
this NPRM. That paragraph was identified as paragraph (f) in AD 2008-
20-01. Instead, we have provided the full service bulletin citations
throughout this NPRM.

Explanation of Change to Applicability

    We have revised the NPRM to identify the legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.

Costs of Compliance

    There are about 62 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD. The average labor rate
per hour is $85. The costs of the new requirements of this proposed AD
are as follows:

                                         Estimated Costs for New Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
            Action              Work hours        Parts            Cost per        registered       Fleet cost
                                                                   airplane         airplanes
----------------------------------------------------------------------------------------------------------------
Inspection of fuel probes....           24  None.............  $2,040, per                   24  $48,960, per
                                                                inspection                        inspection
                                                                cycle.                            cycle.
Actions necessary for                   24  None.............  $2,040..........              24  $48,960.
 airplanes on which Lockheed
 Service Bulletin 382-28-19,
 Revision 3, dated November
 30, 2006, has been done.
----------------------------------------------------------------------------------------------------------------

    The current costs for this proposed AD are repeated for the
convenience of affected operators, as follows:

                              Estimated Costs for Actions Required by AD 2008-20-01
----------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
             Action                 Work hours         Parts         Cost per       registered      Fleet cost
                                                                      product        airplanes
----------------------------------------------------------------------------------------------------------------
Maintenance program revision....               1            None             $85              24          $2,040
Installation of new, improved                 12         $10,288          11,308              24         271,392
 fuel dump masts................
Dry bay zonal inspection,                    952            None          80,920              24       1,942,080
 inspection and repair of static
 ground terminals, marking the
 wiring for the fuel quantity
 indicating system, initial
 inspection of lightning and
 static bonding jumpers.........
Installation of GFIs and flame               120         115,000         125,200              24       3,004,800
 arrestors......................
Initial inspection of GFIs and                 8            None             680              24          16,320
 flame arrestors................
Installation of lightning                    910          10,000          87,350              24       2,096,400
 bonding jumpers................
Sealant application.............             320            None          27,200              24         652,800
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this 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 that the proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.

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

    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]

    2. The FAA amends Sec.  39.13 by removing amendment 39-15680 (73 FR
56464, September 29, 2008) and adding the following new AD:

Lockheed Martin Corporation/Lockheed Martin Aeronautics Company:
Docket No. FAA-2010-1305; Directorate Identifier 2010-NM-074-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by February
22, 2011.

Affected ADs

    (b) This AD supersedes AD 2008-20-01, Amendment 39-15680.

Applicability

    (c) This AD applies to all Lockheed Martin Corporation/Lockheed
Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G
airplanes, certificated in any category.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (o) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Unsafe Condition

    (e) This AD results from a design review of the fuel tank
systems. The Federal Aviation Administration is issuing this AD to
prevent the potential for ignition sources inside fuel tanks caused
by latent failures, alterations, repairs, or maintenance actions,
which, in combination with flammable fuel vapors, could result in a
fuel tank explosion and consequent loss of the airplane.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of Requirements of AD 2008-20-01, With New Service
Information

Maintenance Program Revision

    (g) Before December 16, 2008, revise the maintenance program to
incorporate the fuel system limitations (FSLs) and the critical
design configuration control limitations (CDCCLs) specified in the
Accomplishment Instructions of the Lockheed Service Bulletin 382-28-
22, Revision 3, dated March 28, 2008; except as provided by
paragraphs (g)(1), (g)(2), and (g)(3) of this AD, and except that
the modifications and initial inspections specified in Table 1 of
this AD must be done at the compliance time specified in paragraph
(h) of this AD.
    (1) For the CDCCLs specified in paragraphs 2.C.(3)(e),
2.C.(3)(h), 2.C.(4)(a), 2.C.(5)(c), 2.C.(7)(h), and 2.C.(8) of the
Accomplishment Instructions of Lockheed Service Bulletin 382-28-22,
Revision 3, dated March 28, 2008, do the applicable actions in
accordance with the Accomplishment Instructions of Lockheed Service
Bulletin 382-28-19, Revision 3, dated November 30, 2006; or Revision
4, dated September 18, 2008. After the effective date of this AD,
use only Revision 4.
    (2) Where paragraph 2.C.(1)(c) of the Accomplishment
Instructions of Lockheed Service Bulletin 382-28-22, Revision 3,
dated March 28, 2008, specifies to change the maintenance program to
indicate that repetitive inspections of the lightning and static
bonding jumpers must be done in accordance with Lockheed Service
Bulletin 382-28-21, instead do the repetitive inspections in
accordance with Lockheed Service Bulletin 382-28-19, Revision 3,
dated November 30, 2006; or Revision 4, dated September 18, 2008.
After the effective date of this AD, use only Revision 4.
    (3) Where Lockheed Service Bulletin 382-28-22, Revision 3, dated
March 28, 2008, specifies to inspect, this AD requires doing a
general visual inspection.

    Note 2: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''

Fuel System Modifications, Initial Inspections, and Repair If Necessary

    (h) Within 36 months after November 3, 2008 (the effective date
of AD 2008-20-01), do the applicable actions specified in Table 1 of
this AD, and repair any discrepancy before further flight, in
accordance with the Accomplishment Instructions of Lockheed Service
Bulletin 382-28-22, Revision 3, dated March 28, 2008.

             Table 1--Modifications and Initial Inspections
------------------------------------------------------------------------
                                          Additional source of guidance
                 Action                    for accomplishing the action
------------------------------------------------------------------------
For airplanes having any serial number   Lockheed Service Bulletin 382-
 prior to 4962: Install new, improved     28-9, dated May 13, 1983.
 fuel dump masts in accordance with
 paragraph 2.C.(1)(d) of the
 Accomplishment Instructions of
 Lockheed Service Bulletin 382-28-22,
 Revision 3, dated March 28, 2008.
Mark the fuel quantity indicating        Lockheed Service Bulletin 382-
 system (FQIS) wires in accordance with   28-19, Revision 4, dated
 paragraphs 2.C.(1)(a)2, 2.C.(4)(b),      September 18, 2008.
 and 2.C.(4)(c) of the Accomplishment
 Instructions of Lockheed Service
 Bulletin 382-28-22, Revision 3, dated
 March 28, 2008.
Do the dry bay zonal inspection and      Lockheed Service Bulletin 382-
 inspect the static ground terminals of   28-19, Revision 4, dated
 the fuel system plumbing in accordance   September 18, 2008.
 with paragraph 2.C.(1)(a) of the
 Accomplishment Instructions of
 Lockheed Service Bulletin 382-28-22,
 Revision 3, dated March 28, 2008.
Install ground fault interrupters        Lockheed Service Bulletin 382-
 (GFIs) and flame arrestors for           28-20, Revision 11, dated
 protection of the fuel system in         April 20, 2010.
 accordance with paragraphs 2.C.(1)(b)
 and 2.C.(7)(c) of the Accomplishment
 Instructions of Lockheed Service
 Bulletin 382-28-22, Revision 3, dated
 March 28, 2008.

Inspect the GFIs for protection of the   Paragraph 2.C.(2) of the
 fuel system in accordance with           Accomplishment Instructions of
 paragraph 2.C.(1)(b)1 of the             Lockheed Service Bulletin 382-
 Accomplishment Instructions of           28-22, Revision 3, dated March
 Lockheed Service Bulletin 382-28-22,     28, 2008.
 Revision 3, dated March 28, 2008.
Install the lightning bonding jumpers    Lockheed Service Bulletin 382-
 (straps) in accordance with paragraphs   28-21, Revision 4, dated
 2.C.(1)(c) and 2.C.(6)(a) of the         January 6, 2010.
 Accomplishment Instructions of
 Lockheed Service Bulletin 382-28-22,
 Revision 3, dated March 28, 2008.
Inspect the lightning and static         Lockheed Service Bulletin 382-
 bonding jumpers (straps) in accordance   28-19, Revision 4, dated
 with paragraphs 2.C.(1)(c) of the        September 18, 2008.
 Accomplishment Instructions of
 Lockheed Service Bulletin 382-28-22,
 Revision 3, dated March 28, 2008.
Apply a certain sealant to the interior  Lockheed Service Bulletin 382-
 of the main wing fuel tanks; and apply   28-24, Revision 1, dated
 a certain sealant to all external fuel   November 5, 2007, including
 tank nose caps, mid sections, and tail   the Errata Notice, dated
 sections; as applicable; in accordance   January 7, 2008.
 with paragraphs 2.C.(1)(e)1,
 2.C.(1)(e)3, and 2.C.(7)(i)1 of the
 Accomplishment Instructions of
 Lockheed Service Bulletin 382-28-22,
 Revision 3, dated March 28, 2008.
------------------------------------------------------------------------

No Alternative Inspections, Inspection Intervals, or CDCCLs

    (i) After accomplishing the actions specified in paragraphs (g)
and (h) of this AD, no alternative inspections, inspection
intervals, or CDCCLs may be used unless the inspections, intervals,
or CDCCLs are approved as an alternative method of compliance in
accordance with the procedures specified in paragraph (k) of this
AD.

No Reporting Requirement

    (j) Although Lockheed Service Bulletin 382-28-19, Revision 3,
dated November 30, 2006, specifies to notify Lockheed of any
discrepancies found during inspection, this AD does not require that
action.

New Requirements of This AD

Incorrect Steps in a Service Bulletin

    (k) Where the last two bulleted steps of paragraphs 2.C.(2)(b)5
and 2.C.(2)(c)3 of Lockheed Service Bulletin 382-28-22, Revision 3,
dated March 28, 2008, specify that the GFI FAILURE and GROUND FAULT
DETECTED lights illuminate for 2 seconds, this AD does not require
those steps.

Additional Inspection Area

    (l) For airplanes on which Lockheed Service Bulletin 382-28-19,
Revision 3, dated November 30, 2006, has not been done: Where Table
1 of this AD specifies to do the dry bay zonal inspection, do an
inspection of the fuel probes as part of the dry bay zonal
inspections, in accordance with the service information specified in
paragraph (h) of this AD for the dry bay zonal inspections. Do the
inspections at the time specified in paragraph (h) of this AD, or
within 9 months after the effective date of this AD, whichever
occurs later.

Actions for Airplanes on Which a Previous Issue of Lockheed Service
Bulletin 382-28-19 Was Done

    (m) For airplanes on which any action was done in accordance
with Lockheed Service Bulletin 382-28-19, Revision 3, dated November
30, 2006: Within the compliance time specified in paragraph (h) of
this AD, or within 9 months after the effective date of this AD,
whichever occurs later, do the actions required by paragraphs (m)(1)
through (m)(4) of this AD and repair any discrepancy before further
flight, in accordance with Accomplishment Instructions of Lockheed
Service Bulletin 382-28-19, Revision 4, dated September 18, 2008.
Although Lockheed Service Bulletin 382-28-19, Revision 4, dated
September 18, 2008, specifies to notify Lockheed of any
discrepancies found during inspection, this AD does not require that
action.
    (1) Inspect the fuel probes as part of the zonal inspections of
the dry bay areas and other areas.
    (2) Inspect generator feeder and control wire bundles for
correct separation from other wires in the wing leading edge and
fuselage areas, and for correct separation from fuel tank boundaries
in the wing leading edge area.
    (3) Inspect for correct spot-tying of certain wire bundles that
are within 2 to 12 inches of hot equipment or wires with flame-
resistant lacing braid, or, for wiring in powerplant areas, with
fiberglass braid.
    (4) Inspect for use of the correct shielding specification and
separation of the FQIS wiring in certain locations from AC power
wires.

Credit for Actions Accomplished in Accordance With Previous Service
Information

    (n) Actions done before the effective date of this AD in
accordance with Lockheed Service Bulletin 382-28-20, Revision 8,
dated October 13, 2009; Revision 9, dated December 14, 2009; or
Revision 10, dated March 18, 2010; is acceptable for compliance with
the requirements of paragraph (h) of this AD.

Alternative Methods of Compliance (AMOCs)

    (o)(1) The Manager, Atlanta Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Neil Duggan, Aerospace Engineer, Propulsion and Services
Branch, ACE-118A, FAA, Atlanta ACO, 1701 Columbia Avenue, College
Park, GA 30337; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (3) AMOCs approved for AD 2008-20-01 are approved as AMOCs for
this AD.

    Issued in Renton, Washington, on December 27, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-33335 Filed 1-4-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 14 (Tuesday, January 24, 2017)]
[Rules and Regulations]
[Pages 8137-8139]
[FR Doc No: 2017-00567]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 250 and 385

[Docket No. RM17-9-000; Order No. 834]

Civil Monetary Penalty Inflation Adjustments

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
issuing a final rule to amend its regulations governing the maximum
civil monetary penalties assessable for violations of statutes, rules,
and orders within the Commission's jurisdiction. The Federal Civil
Penalties Inflation Adjustment Act of 1990, as amended most recently by
the Federal Civil Penalties Inflation Adjustment Act Improvements Act
of 2015, requires the Commission to issue this final rule.

DATES: This final rule is effective January 24, 2017.

FOR FURTHER INFORMATION CONTACT: Todd Hettenbach, Attorney, Office of
Enforcement, Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Order No. 834

Final Rule

(Issued January 9, 2017)

    1. In this final rule, the Federal Energy Regulatory Commission
(Commission) is complying with its statutory obligation to amend the
civil monetary penalties provided by law for matters within the
agency's jurisdiction.

I. Background

    2. The Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (2015 Adjustment Act),\1\ which further
amended the Federal Civil Penalties Inflation Adjustment Act

of 1990 (1990 Adjustment Act),\2\ required the head of each federal
agency to issue a rule by July 2016 adjusting for inflation each
``civil monetary penalty'' provided by law within the agency's
jurisdiction and to make further inflation adjustments on an annual
basis every January 15 thereafter.\3\
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    \1\ Sec. 701, Public Law 114-74, 129 Stat. 584, 599.
    \2\ Public Law 101-410, 104 Stat. 890 (codified as amended at 28
U.S.C. 2461 note).
    \3\ 28 U.S.C. 2461 note, at (4). The Commission made its July
2016 adjustment in Docket No. RM16-16-000. See Civil Monetary
Penalty Inflation Adjustments, Order No. 826, 81 FR 43937 (July 6,
2016), FERC Stats. & Regs. ] 31,386 (2016).
---------------------------------------------------------------------------

II. Discussion

    3. The 2015 Adjustment Act defines a civil monetary penalty as any
penalty, fine, or other sanction that: (A)(i) Is for a specific
monetary amount as provided by federal law or (ii) has a maximum amount
provided for by federal law; (B) is assessed or enforced by an agency
pursuant to federal law; and (C) is assessed or enforced pursuant to an
administrative proceeding or a civil action in the federal courts.\4\
This definition applies to the maximum civil penalties that may be
imposed under the Federal Power Act (FPA),\5\ the Natural Gas Act
(NGA),\6\ the Natural Gas Policy Act of 1978 (NGPA),\7\ and the
Interstate Commerce Act (ICA).\8\
---------------------------------------------------------------------------

    \4\ Id. (3).
    \5\ 16 U.S.C. 791a et seq.
    \6\ 15 U.S.C. 717 et seq.
    \7\ 15 U.S.C. 3301 et seq.
    \8\ 49 App. U.S.C. 1 et seq. (1988).
---------------------------------------------------------------------------

    4. Under the 2015 Adjustment Act, the first step for such
adjustment of a civil monetary penalty for inflation requires
determining the percentage by which the U.S. Department of Labor's
Consumer Price Index for all-urban consumers (CPI-U) for October of the
preceding year exceeds the CPI-U for October of the year before
that.\9\ The CPI-U for October 2016 exceeded the CPI-U for October 2015
by 1.636 percent.\10\
---------------------------------------------------------------------------

    \9\ 28 U.S.C. 2461 note, at (5)(b)(1).
    \10\ See, e.g., Memorandum from Shaun Donovan, Office of
Management and Budget, Implementation of the 2017 Annual Adjustment
Pursuant to the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015, 1 (Dec. 16, 2016).
---------------------------------------------------------------------------

    5. The second step requires multiplying the CPI-U percentage
increase by the applicable existing maximum civil monetary penalty.\11\
This step results in a base penalty increase amount.
---------------------------------------------------------------------------

    \11\ Id. (5)(a).
---------------------------------------------------------------------------

    6. The third step requires rounding the base penalty increase
amount to the nearest dollar and adding that amount to the base penalty
to calculate the new adjusted maximum civil monetary penalty.\12\
---------------------------------------------------------------------------

    \12\ Id.
---------------------------------------------------------------------------

    7. Under the 2015 Adjustment Act, an agency is directed to use the
maximum civil monetary penalty applicable at the time of assessment of
a civil penalty, regardless of the date on which the violation
occurred.\13\
---------------------------------------------------------------------------

    \13\ Id. (6).
---------------------------------------------------------------------------

    8. The adjustments that the Commission is required to make pursuant
to the 2015 Adjustment Act are reflected in the following table:

------------------------------------------------------------------------
                                Existing maximum    New adjusted maximum
           Source                civil monetary        civil monetary
                                     penalty               penalty
------------------------------------------------------------------------
16 U.S.C. 825o-1(b), Sec.     $1,193,970 per        $1,213,503 per
 316A of the Federal Power     violation, per day.   violation, per day.
 Act.
16 U.S.C. 823b(c),..........  $21,563 per           $21,916 per
Sec. 31(c) of the Federal      violation, per day.   violation, per day.
 Power Act.
16 U.S.C. 825n(a),..........  $2,750 per violation  $2,795 per
Sec. 315(a) of the Federal                           violation.
 Power Act.
15 U.S.C. 717t-1,...........  $1,193,970 per        $1,213,503
Sec. 22 of the Natural Gas     violation, per day.  per violation, per
 Act.                                                day.
15 U.S.C. 3414(b)(6)(A)(i),   $1,193,970 per        $1,213,503 per
 Sec. 504(b)(6)(A)(i) of the   violation, per day.   violation, per day.
 Natural Gas Policy Act of
 1978.
49 App. U.S.C. 6(10) (1988),  $1,250 per offense    $1,270 per offense
 Sec. 6(10) of the             and $62.50 per day    and $64 per day
 Interstate Commerce Act.      after the first day.  after the first
                                                     day.
49 App. U.S.C. 16(8) (1988),  $12,500 per           $12,705 per
 Sec. 16(8) of the             violation, per day.   violation, per day.
 Interstate Commerce Act.
49 App. U.S.C. 19a(k)         $1,250 per offense,   $1,270 per offense,
 (1988), Sec. 19a(k) of the    per day.              per day.
 Interstate Commerce Act.
49 App. U.S.C. 20(7)(a)       $1,250 per offense,   $1,270 per offense,
 (1988), Sec. 20(7)(a) of      per day.              per day.
 the Interstate Commerce Act.
------------------------------------------------------------------------

III. Administrative Findings

    9. Congress directed that agencies issue final rules to adjust
their maximum civil monetary penalties notwithstanding the requirements
of the Administrative Procedure Act (APA).\14\ Because the Commission
is required by law to undertake these inflation adjustments
notwithstanding the notice and comment requirements that otherwise
would apply pursuant to the APA, and because the Commission lacks
discretion with respect to the method and amount of the adjustments,
prior notice and comment would be impractical, unnecessary, and
contrary to the public interest.
---------------------------------------------------------------------------

    \14\ Id. (3)(b)(2).
---------------------------------------------------------------------------

    10. The citation of authority for part 385 is also revised to make
a technical correction.

IV. Regulatory Flexibility Statement

    11. The Regulatory Flexibility Act, as amended, requires agencies
to certify that rules promulgated under their authority will not have a
significant economic impact on a substantial number of small
businesses.\15\ The requirements of the Regulatory Flexibility Act
apply only to rules promulgated following notice and comment.\16\ The
requirements of the Regulatory Flexibility Act do not apply to this
rulemaking because the Commission is issuing this final rule without
notice and comment.
---------------------------------------------------------------------------

    \15\ 5 U.S.C. 601 et seq.
    \16\ 5 U.S.C. 603, 604.
---------------------------------------------------------------------------

V. Paperwork Reduction Act

    12. This rule does not require the collection of information. The
Commission is therefore not required to submit this rule for review to
the Office of Management and Budget pursuant to the Paperwork Reduction
Act of 1995.\17\
---------------------------------------------------------------------------

    \17\ 44 U.S.C. 3507(d).
---------------------------------------------------------------------------

VI. Document Availability

    13. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all

interested persons an opportunity to view and print the contents of
this document via the Internet through the Commission's Home Page
(http://www.ferc.gov) and in the Commission's Public Reference Room
during normal business hours (8:30 a.m. to 5:00 p.m. Eastern time) at
888 First Street NE., Room 2A, Washington, DC 20426.
    14. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and downloading. To access this document in eLibrary, type
the docket number (excluding the last three digits) in the docket
number field.
    15. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's Online
Support at<PHONE_NUMBER> (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER><EMAIL_ADDRESS>
VII. Effective Date and Congressional Notification

    16. For the same reasons the Commission has determined that public
notice and comment are unnecessary, impractical, and contrary to the
public interest, the Commission finds good cause to adopt an effective
date that is less than 30 days after the date of publication in the
Federal Register pursuant to the Administrative Procedure Act,\18\ and
therefore, the regulation is effective upon publication in the Federal
Register.
---------------------------------------------------------------------------

    \18\ 5 U.S.C. 553(d)(3).
---------------------------------------------------------------------------

    17. The Commission has determined, with the concurrence of the
Administrator of the Office of Information and Regulatory Affairs of
the Office of Management and Budget, that this rule is not a ``major
rule'' as defined in section 351 of the Small Business Regulatory
Enforcement Fairness Act of 1996. This Final Rule is being submitted to
the Senate, House, and Government Accountability Office.

List of Subjects

18 CFR Part 250

    Natural Gas and Reporting and recordkeeping requirements.

18 CFR Part 385

    Administrative practice and procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping requirements.

    By the Commission.

    Issued: January 9, 2017.
Kimberly D. Bose,
Secretary.
    In consideration of the foregoing, the Commission amends parts 250
and 385, Chapter I, Title 18, Code of Federal Regulations as follows:

PART 250--FORMS

0
1. The authority citation for part 250 continues to read as follows:

    Authority:  15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352;
28 U.S.C. 2461 note.

0
2. Amend Sec.  250.16 by revising paragraph (e)(1) to read as follows:

Sec.  250.16  Format of compliance plan transportation services and
affiliate transactions.

* * * * *
    (e) Penalty for failure to comply. (1) Any person who transports
gas for others pursuant to Subparts B or G of Part 284 of this chapter
and who knowingly violates the requirements of Sec. Sec.  358.4 and
358.5, Sec.  250.16, or Sec.  284.13 of this chapter will be subject,
pursuant to sections 311(c), 501, and 504(b)(6) of the Natural Gas
Policy Act of 1978, to a civil penalty, which the Commission may
assess, of not more than $1,213,503 for any one violation.
* * * * *

PART 385--RULES OF PRACTICE AND PROCEDURE

0
3. The authority citation for part 385 is revised to read as follows:

    Authority:  5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C 3701, 9701; 42
U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App.
U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note
(2015).

0
4. Revise Sec.  385.1504(a) to read as follows:

Sec.  385.1504  Maximum civil penalty (Rule 1504).

    (a) Except as provided in paragraph (b) of this section, the
Commission may assess a civil penalty of up to $21,916 for each day
that the violation continues.
* * * * *

0
5. Revise Sec.  385.1602 to read as follows:

Sec.  385.1602  Civil penalties, as adjusted (Rule 1602).

    The current inflation-adjusted civil monetary penalties provided by
law within the jurisdiction of the Commission are:
    (a) 15 U.S.C. 3414(b)(6)(A)(i), Natural Gas Policy Act of 1978:
$1,213,503.
    (b) 16 U.S.C. 823b(c), Federal Power Act: $21,916 per day.
    (c) 16 U.S.C. 825n(a), Federal Power Act: $2,795.
    (d) 16 U.S.C. 825o-1(b), Federal Power Act: $1,213,503 per day.
    (e) 15 U.S.C. 717t-1, Natural Gas Act: $1,213,503 per day.
    (f) 49 App. U.S.C. 6(10) (1988), Interstate Commerce Act: $1,270
per offense and $64 per day after the first day.
    (g) 49 App. U.S.C. 16(8) (1988), Interstate Commerce Act: $12,705
per day.
    (h) 49 App. U.S.C. 19a(k) (1988), Interstate Commerce Act: $1,270
per day.
    (i) 49 App. U.S.C. 20(7)(a) (1988), Interstate Commerce Act: $1,270
per day.

[FR Doc. 2017-00567 Filed 1-23-17; 8:45 am]
 BILLING CODE 6717-01-P