[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Notices]
[Pages 68933-68934]
[FR Doc No: 2019-27157]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2019-0683; FRL-10003-38-OGC]

Proposed Consent Decree; Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA'' or the ``Act''), notice is given of a proposed consent
decree in Center for Biological Diversity, et al., v. Wheeler, No.
4:19-cv-01544 (N.D. Cal.). On June 26, 2019, the Center for Biological
Diversity and Center for Environmental Health filed a complaint in the
United States District Court for the Northern District of California
alleging that the Administrator of the United States Environmental
Protection Agency (``EPA'') failed to perform non-discretionary duties
to make a determination whether the West Central Pinal nonattainment
area attained the 2006 24-hour fine particulate matter
(``PM2.5'') national ambient air quality standard
(``NAAQS'') by the attainment date and to take final action to
promulgate a federal implementation plan (``FIP'') addressing certain
deficiencies in the State of Arizona's new source review program. The
EPA has already taken final action to find that the West Central Pinal
nonattainment area attained the NAAQS. Thus, the proposed consent
decree would establish deadlines for EPA to take specified actions as
to the remaining claim.

DATES: Written comments on the proposed consent decree must be received
by January 16, 2020.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2019-0683, online at www.regulations.gov (EPA's preferred method).
For comments submitted at www.regulations.gov, follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Stephanie L. Hogan, Air and Radiation
Law Office, Office of General Counsel, U.S. Environmental Protection
Agency, Mail Code 2344A, 1200 Pennsylvania Ave. NW, Washington, DC
20460; telephone:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The consent decree would resolve a lawsuit filed by the Center for
Biological Diversity and Center for Environmental Health seeking to
compel the Administrator to make a determination under CAA section
179(c)(1) whether the West Central Pinal nonattainment area located in
Arizona attained the 2006 PM2.5 NAAQS by the attainment date
and to take action under the Clean Air Act to take final action to
promulgate a FIP under CAA section 110(c) addressing certain
deficiencies in the State of Arizona's new source review program.
    The EPA has already taken final action to find that the West
Central Pinal nonattainment area attained the 2006 PM2.5
NAAQS. See 84 FR 52766 (Oct. 3, 2019). Therefore, this claim in the
lawsuit is moot. Under the terms of

the proposed consent decree, EPA shall take actions regarding the
remaining claim by the deadlines established in the proposed consent
decree.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree from persons who are not named as parties or
intervenors to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act.

II. Additional Information About Commenting on the Proposed Consent
Decree

A. How can I get a copy of the consent decree?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2019-0683) contains a copy of the proposed consent
decree. The official public docket is available for public viewing at
the Office of Environmental Information (OEI) Docket in the EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Ave. NW, Washington, DC.
The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
www.regulations.gov. You may use www.regulations.gov to submit or view
public comments, access the index listing of the contents of the
official public docket, and access those documents in the public docket
that are available electronically. Once in the system, key in the
appropriate docket identification number then select ``search.''
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at www.regulations.gov without change, unless
the comment contains copyrighted material, CBI, or other information
whose disclosure is restricted by statute. Information claimed as CBI
and other information whose disclosure is restricted by statute is not
included in the official public docket or in the electronic public
docket. EPA's policy is that copyrighted material, including
copyrighted material contained in a public comment, will not be placed
in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider late comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    Use of the www.regulations.gov website to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: December 10, 2019.
Gautam Srinivasan,
Acting Associate General Counsel.
[FR Doc. 2019-27157 Filed 12-16-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Notices]
[Pages 28673-28675]
[FR Doc No: 2021-11269]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2012-0033]

Notice of Intent To Grant a Buy America Waiver to the California
Department of Transportation (Caltrans) and the Illinois Department of
Transportation (IDOT) To Purchase Up to 615 Workstation Tables

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of intent to grant FRA Buy America Waiver.

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SUMMARY: FRA is issuing this notice to advise the public that it
intends to grant Caltrans' and IDOT's request for a waiver from FRA's
Buy America requirement, so that Siemens USA, the design,
manufacturing, and delivery contractor, may purchase and install up to
615 non-domestic workstation tables that comply with certain design and
safety standards for their single-level passenger railcars replacement
project. Meeting these standards is required under the Passenger Rail
Investment and Improvement Act of 2008 (PRIIA), and FRA's grant
agreement with Caltrans and IDOT.

DATES: Written comments on FRA's determination to grant a Buy America
waiver to Caltrans and IDOT should be provided to FRA on or before June
1, 2021.

ADDRESSES: Please submit your comments to the U.S. Government
electronic docket site at http://www.regulations.gov, in docket number:
FRA-2012-0033.
    Note: All submissions received, including any personal information
therein, will be posted without change or alteration to http://www.regulations.gov. For more information, you may review DOT's
complete Privacy Act Statement published in the Federal Register on
April 11, 2000 (65 FR 19477).

FOR FURTHER INFORMATION CONTACT: Faris Mohammed, Attorney-Advisor,
Office of Chief Counsel, telephone:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The purpose of this notice is to provide the
public with information related to FRA's intent to grant a waiver to
Caltrans and IDOT from FRA's Buy America requirement, pursuant to 49
U.S.C. 22905(a)(2), to allow the use of up to 615 non-domestic
workstation tables.

Background

    Caltrans and IDOT were awarded five separate grants from FRA to
purchase rolling stock, including single-level passenger railcars, for
use in intercity passenger rail service (Project). Caltrans and IDOT
entered into a contract with Sumitomo Corporation of Americas (SCOA) to
produce and deliver the railcars; SCOA entered into a subcontract with
Siemens USA to manufacture the railcars. Siemens contracted with Baker
Bellfield, a company headquartered in the United Kingdom (UK), to
manufacture in the United States 615 workstation tables for the
Project.
    Like other European suppliers that Siemens has brought to the U.S.
rail market, Baker Bellfield has committed to locate its production
facility near the Siemens manufacturing facility in Sacramento,
California. Baker Bellfield has already signed a lease for a property.
Following localization, tables manufactured by Baker Bellfield at its
facility in Sacramento would comply with FRA's Buy America requirements
and would be installed in the FRA-funded passenger railcars.
    Baker Bellfield intended to begin manufacturing the tables at its
planned U.S. facility the week of March 9, 2020. However, due to
complications relating to the coronavirus disease 2019 (COVID-19)
pandemic (e.g., travel restrictions and restrictions on operating non-
essential businesses), Baker Bellfield has been unable to open its
Sacramento manufacturing facility on schedule. To meet contractual
delivery schedules, Siemens proposes purchasing up to 615 tables made
by Baker Bellfield in its UK-based facility, which do not comply with
FRA's Buy America requirements. Once COVID-19 restrictions are lifted,
Baker Bellfield intends to complete localization.
    On July 23, 2020, Caltrans and IDOT requested a waiver \1\ from
FRA's Buy America requirement for up to 238 workstation tables. Due to
delays related to the continuing pandemic, Caltrans and IDOT increased
the request to 615. For the reasons stated below, FRA grants a non-
availability waiver to Caltrans and IDOT.
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    \1\ The Caltrans and IDOT waiver request is available at:
https://railroads.dot.gov/elibrary/calidot-workstation-table-buy-america-waiver-request.
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Buy America Requirement

    With certain exceptions, FRA's Buy America Act requires that ``the
steel, iron, and manufactured goods used in the project are produced in
the United States.'' 49 U.S.C. 22905(a)(1). FRA's requirements apply
without regard to the source of funds.
    If Caltrans and IDOT do not receive a waiver, they may not acquire
goods for use in the Project that are not consistent with Section
22905(a)(1), even if they do not propose to use Federal funds. However,
FRA may waive this requirement if it determines:

    (A) Applying [FRA's Buy America requirements] would be
inconsistent with the public interest; (B) the steel, iron, and
goods produced in the United States are not produced in a sufficient
and reasonably available amount or are not of a satisfactory
quality; (C) rolling stock or power train equipment cannot be bought
and delivered in the United States within a reasonable time; or (D)
including domestic material will increase the cost of the overall
project by more than 25 percent.

    In addition to the Buy America statute, FRA's action is subject to
Executive Order 14005 Ensuring the Future is Made in All of America by
All of America's Workers, 86 FR 7475 (January 28, 2021). Consistent
with Executive Order 14005, FRA evaluated the waiver request, and
sought input from the public, to determine whether Caltrans and IDOT
had sought to maximize the use of goods, products, and materials
produced in the United States.

Findings

    In a letter to FRA, dated July 23, 2020, Caltrans and IDOT
described the need for workstation tables, the steps taken to identify
domestically sourced tables, and the harm that would result in the
absence of a waiver. FRA evaluated the information provided and made
the following findings.

A. COVID-19 Pandemic

    As described in the request, the non-availability giving rise to
the need for a waiver is due to effects from the COVID-19 pandemic.
Prior to March 2020, Siemens entered into a contract with Baker
Bellfield, a U.K.-based manufacturer, to establish a manufacturing
facility in Sacramento, California so that Baker Bellfield could
manufacture Buy-America-compliant workstation tables for the Project.
However, due to restrictions relating to the COVID-19 pandemic, Baker
Bellfield is not able to localize in time to meet the Project's
production schedule. Thus, Siemens increased its initial request from
238 to 615 workstation tables from Baker Bellfield's facility in the
U.K. to meet the production schedule. These tables would not be
compliant with FRA's Buy America requirement and would require a
waiver.

B. There is No Domestic Source of Workstation Tables That Meet the
PRIIA Specification

    In accordance with the Passenger Rail Investment and Improvement
Act of 2008, and the FRA grant agreement, the single-level railcars
must comply with the 305-003 Rev A Single Level Passenger Car Technical
Specification (PRIIA Specification).
    SCOA and Siemens conducted an intensive search of domestic
suppliers who could either meet the PRIIA Specification with an
existing design or develop a completely new table. However, they could
not find a domestic table supplier with the proven passenger rail
interior component modeling and structural simulation expertise and who
could produce a workstation table that met the PRIIA Specification.
While Siemens initially identified a domestic source for workstation
tables, which were previously installed in railcars for another
project, after testing and modeling, Siemens determined the tables
could not be configured to meet the required safety and design
standards. Ultimately, Baker Bellfield's workstation tables are the
only workstation tables that demonstrated passing simulated results and
are expected to comply with the PRIIA Specification when configured for
use in the Siemens railcar. Therefore, Siemens developed a plan to
locate a Baker Bellfield facility in Sacramento, California, to produce
the workstation tables. The workstation tables manufactured at the
Baker Bellfield facility in Sacramento would have complied with FRA's
Buy America requirement.
    However, due to the COVID-19 pandemic, Baker Bellfield's
localization efforts have been delayed. To address the current non-
availability of compliant workstation tables, and to avoid potential
further delays in the railcar delivery, Siemens proposes to purchase up
to 615 tables from Baker Bellfield's facility in the UK to meet
production and delivery schedules.
    To keep production lines running, Caltrans and IDOT accepted
delivery of incomplete railcars. The incomplete cars cannot enter
revenue service because they do not have workstation tables. Currently,
the incomplete cars are being stored by Caltrans or IDOT, as
applicable, until PRIIA-compliant workstation tables are available. As
a result, Caltrans and IDOT have incurred costs to store the railcars
and may incur additional costs, such as extending the lease of the
existing fleet. However, if the waiver is granted, Siemens can quickly
install the Baker Bellfield tables and the cars can enter revenue
service.
    As soon as it is able, Baker Bellfield will complete localization
of its facility in Sacramento, California, which will create a new
domestic supply of workstation tables for use in future projects.

C. Harm Would Result if a Waiver Is Not Granted

    According to Caltrans and IDOT, if a waiver is not granted, the
vehicles now being manufactured could not be used for revenue service
and would need to be stored at Caltrans and IDOT commissioning sites,
waiting for the availability of new tables. The cost of storage is
variable, becoming higher as the number of cars needing storage
increases and the remaining storage spaces decrease. For IDOT, costs
are estimated to be $39,000 (subject to site selection and owner's
confirmation) for storage of up to 40 IDOT Venture cars per year. At
the ACE facility in Stockton, California, the San Joaquin Regional Rail
Commission will charge Siemens $250 per day per railcar for storage of
cars not in revenue service. These costs do not include the costs for
delayed manufacturing, retrofitting existing cars, delays to revenue
service, and lost warranty time. If Caltrans and IDOT are unable to
store the railcars, Siemens would stop production of the railcars as it
does not have capacity to store the railcars onsite. If FRA denied the
request, Siemens would not be able to deliver single-level cars that
meet the required specifications until after the pandemic-related
restrictions are removed, significantly delaying the Project. Caltrans
and IDOT would also incur significant costs related to the delay and
storage of the railcars.
    Approving the waiver would help mitigate the negative effects of
the COVID-19 pandemic by quickly installing workstation tables in
railcars that can be put into revenue operations, which will maximize
passenger safety, minimize implementation impacts and overall costs,
and mitigate schedule issues for delivery and revenue service
availability. In addition, allowing the use of the Baker Bellfield
tables would allow the Caltrans and IDOT procurement to maintain its
priority position in Siemens' production schedule, and allow the
Project to remain on schedule. Caltrans and IDOT provided additional
information to FRA that domestically-sourced subcomponents were used in
the Project. Generally, FRA does not require the use of domestic
subcomponents, and the use of domestic subcomponents increases the
overall amount of domestic material used in the Project. On the basis
of this information, FRA concludes this action is consistent with the
policy in Executive Order 14005 to maximize ``the use of goods,
products, and materials produced in, and services offered in, the
United States.'' FRA further concludes that denying the requested
waiver would not increase the use of goods, products, and materials
produced in the United States.

Determination

    FRA has determined a ``non-availability'' waiver is appropriate
under 49 U.S.C. 22905(a)(2)(B) for up to 615 workstation tables,
because workstation tables meeting the PRIIA Specification are not
currently ``produced in a sufficient and reasonably available amount or
are not of a satisfactory quality.'' FRA bases this determination on
the following:
     There is currently no domestic source of workstation
tables that meet the PRIIA Specification when configured for the
Caltrans and IDOT railcars and domestic tables cannot be delivered
within a reasonable time.
     But for the COVID-19 pandemic, Siemens would have used
workstation tables that complied with FRA's Buy America requirement.

     On December 31, 2020, FRA provided public notice of the
Caltrans and IDOT waiver request and a 15-day opportunity for comment.
FRA also emailed the notice to over 6,000 recipients that requested Buy
America notices through ``GovDelivery.'' FRA did not receive any
comments.
    This waiver only applies to Siemens's acquisition and installation
of up to 615 workstation tables for use in the Project.
    FRA is providing notice of such finding and an opportunity for
public comment after which this waiver will become effective.

    Issued in Washington, DC.
Amitabha Bose,
Deputy Administrator.
[FR Doc. 2021-11269 Filed 5-26-21; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Rules and Regulations]
[Pages 33451-33453]
[FR Doc No: 2017-15270]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0688]
RIN 1625-AA00

Safety Zone; Marine City Maritime Festival Water Ski Show, St.
Clair River, Marine City, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 2000-foot portion of the St. Clair River in
the vicinity of Marine City, MI. This zone is necessary to protect
vessels from potential hazards associated with the Marine City Maritime
Festival Water Ski Show.

DATES: This temporary final rule is effective from 10 a.m. though 5
p.m. on August 5, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0688 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Tracy Girard, Prevention Department,
Sector Detroit, U.S. Coast Guard; telephone<PHONE_NUMBER>, or email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard did not receive the final details of this project until
there was insufficient time remaining before the event to publish an
NPRM. Thus, delaying the effective date of this rule to wait for a
comment period to run would be impracticable because it would inhibit
the Coast Guard's ability to protect participants, mariners and vessels
from the hazards associated with this event.
    We are issuing this rule under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making it effective less than 30 days
after publication in the Federal Register for the same reason noted
above.

III. Legal Authority and Need for Rule

    The legal basis for the rule is the Coast Guard's authority to
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5;
Department of Homeland Security Delegation No. 0170.1.
    On August 5, 2017, a Maritime Festival Water Ski Show will take
place on the St. Clair River in Marine City, MI. The Captain of the
Port Detroit (COTP) has determined that a potential hazard associated
with this water ski show will be a safety concern to anyone within
2000-feet of the water ski area. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while the show is being conducted.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 a.m. through 5 p.m. on
August 5, 2017. A safety zone is established to include all U.S.
navigable waters of the St. Clair River, Marine City, MI, bound by: 200
feet seaward of latitude position 42[deg]43.382' N., and to the south
by 2,000 feet to 200 feet seaward of latitude position 42[deg]42.983'
N. This regulated area will be enforced during three 30 minute time
periods between 10 a.m. through 5 p.m. on August 5, 2017. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. The Captain of
the Port Detroit or a designated on-scene representative may be
contacted via VHF Channel 16 or via telephone at<PHONE_NUMBER>. The
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone and the rule allows vessels to seek
permission to enter the zone.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders, and we discuss First
Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771

(``Reducing Regulation and Controlling Regulatory Costs''), directs
agencies to reduce regulation and control regulatory costs and provides
that ``for every one new regulation issued, at least two prior
regulations be identified for elimination, and that the cost of planned
regulations be prudently managed and controlled through a budgeting
process.'' This rule has not been designated a ``significant regulatory
action,'' under Executive Order 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
    As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. This regulatory action determination is based
on the size, location, duration, and time-of-year of the safety zone.
Recreational and commercial vessel traffic will be able to safely
transit around this safety zone. Moreover, the Coast Guard will issue
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone and the rule allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in Regulatory
Planning and Review section above, this rule will not have a
significant economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). 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.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for Federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental Federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for Federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969(42 U.S.C. 4321-4370f), and have determined that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone lasting 7 hours that will prohibit entry
within 2000-feet of the water ski show. It is categorically excluded
under section 2.B.2, figure 2-1, paragraph 34(g) of the Instruction. A
Record of Environmental Consideration (REC) supporting this
determination is available in the docket where indicated in the
ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T09-0688 to read as follows:

Sec.  165.T09 -0688  Safety Zone; Marine City Maritime Festival Water
Ski Show, St. Clair River, Marine City, MI.

    (a) Location. A safety zone is established to include all U.S.
navigable waters of the St. Clair River, Marine City, MI, bound by: 200
feet seaward of latitude position 42[deg]43.382' N., and to the south
by 2,000 feet to 200 feet seaward of latitude position 42[deg]42.983'
N. This regulated area will be enforced during three 30 minute periods
of time between 10 a.m. through 5 p.m. on August 5, 2017.
    (b) Enforcement period. The regulated area described in paragraph
(a) will be enforced from 10 a.m. thru 10:30 a.m., 1 p.m. through 1:30
p.m., and 4 p.m. through 4:30 p.m. on August 5, 2017.
    (c) Regulations. (1) No recreational vessel or person may enter,
transit through, or anchor within the safety zone unless authorized by
the Captain of the Port Detroit, or his on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit or his on-scene
representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Detroit is any Coast Guard commissioned, warrant or petty officer or a
Federal, State, or local law enforcement officer designated by or
assisting the Captain of the Port Detroit to act on his behalf.
    (4) Vessel operators shall contact the Captain of the Port Detroit
or his on-scene representative to obtain permission to enter or operate
within the safety zone. The Captain of the Port Detroit or his on-scene
representative may be contacted via VHF Channel 16 or at<PHONE_NUMBER>.
Vessel operators given permission to enter or operate in the regulated
area must comply with all directions given to them by the Captain of
the Port Detroit or his on-scene representative.

    Dated: July 13, 2017.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2017-15270 Filed 7-19-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 89 (Thursday, May 8, 2014)]
[Rules and Regulations]
[Pages 26373-26374]
[FR Doc No: 2014-10621]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[USCG-2014-0305]

Special Local Regulation: Newport to Bermuda Regatta,
Narragansett Bay, Newport, RI

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the Special Local Regulation for
the biennial Newport to Bermuda Regatta, Narragansett Bay, Rhode
Island, from 9 a.m. to 4:30 p.m. on Friday, June 20, 2014. During the
enforcement period, no person or vessel may enter or remain in the
regulated area except for participants in the event, supporting
personnel, vessels registered with the event organizer, and personnel
or vessels authorized by the Coast Guard on-scene patrol commander.

DATES: The regulations in 33 CFR 100.119 will be enforced from 9 a.m.
to 4:30 p.m. on June 20, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. Edward LeBlanc, Chief, Waterways
Management Division, Sector Southeastern New England,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulation for the biennial Newport/Bermuda Regatta, Narragansett
Bay, Newport, RI, from 9 a.m. to 4:30 p.m. on Friday, June 20, 2014. A
portion of the navigable waters of the East Passage, Narragansett Bay,
Newport, RI or its approaches will be closed during the effective
period to all vessel traffic, except local, state or Coast Guard patrol
craft. The full text of this regulation is found in 33 CFR 100.119.
Additional public notification will be made via the First Coast Guard
District Local Notice to Mariners and marine safety broadcasts.

    Dated: April 21, 2014.
J.T. Kondratowicz,
Captain, U.S. Coast Guard, Captain of the Port, Southeastern New
England.
[FR Doc. 2014-10621 Filed 5-7-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 22 (Monday, February 3, 2020)]
[Proposed Rules]
[Pages 5906-5909]
[FR Doc No: 2020-01922]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0088; Product Identifier 2019-NM-195-AD]
RIN 2120-AA64

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2004-06-01, which applies to certain Dornier Model 328-100 series
airplanes; and AD 2009-06-09, which applies to all Dornier Model 328-
100 series airplanes. AD 2004-06-01 requires replacement of the
existing main landing gear (MLG) leg assembly with a modified assembly.
AD 2009-06-09 requires modifying the MLG main body and trailing arm
bushings, and revising the existing maintenance or inspection program,
as applicable, to incorporate new or more restrictive airworthiness
limitations. Since the FAA issued AD 2004-06-01 and 2009-06-09, the FAA
has determined that new or more restrictive airworthiness limitations
are necessary. This proposed AD would require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, as specified in a European
Union Aviation Safety Agency (EASA) AD, which will be incorporated by
reference. The FAA is proposing this AD to address the unsafe condition
on these products.

DATES: The FAA must receive comments on this proposed AD by March 19,
2020.

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 https://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 the material identified in this proposed AD that will be
incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this IBR
material on the EASA website at https://ad.easa.europa.eu. You may view
this IBR material at the FAA, Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2020-0088.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0088; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-0088;
Product Identifier 2019-NM-195-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
    The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this NPRM.

Discussion

    The FAA issued AD 2004-06-01, Amendment 39-13527 (69 FR 13715,
March 24, 2004) (``AD 2004-06-01''), for certain Dornier Model 328-100
series airplanes. AD 2004-06-01 requires replacement of the existing
MLG leg assembly with a modified assembly. The FAA also issued AD 2009-
06-09, Amendment 39-15845 (74 FR 12249, March 24, 2009) (``AD 2009-06-
09''), for all Dornier Model 328-100 series airplanes. AD 2009-06-09
requires modifying the MLG main body and trailing arm bushings, and
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA issued AD 2004-06-01 to address fatigue damage of the MLG leg,
which could result in collapse of the MLG. The FAA also issued AD 2009-
06-09 to address corrosion on the main body of the MLG and the trailing
arm bushings, which could result in damage to the MLG, and possibly
result in MLG functional problems or failure.

Actions Since AD 2004-06-01 and AD 2009-06-09 Were Issued

    Since the FAA issued AD 2004-06-01 and AD 2009-06-09, the FAA has
determined that new or more restrictive airworthiness limitations are
necessary.
    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0270, dated October 30, 2019
(``EASA AD 2019-0270'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all 328 Support Services GmbH Model 328-100 airplanes.
EASA AD 2019-0270 supersedes German AD 2002-001, dated January 10, 2002
(which corresponds to FAA AD 2004-06-01) and EASA AD 2008-0009, dated
January 11, 2008 (which corresponds to FAA AD 2009-06-09).
    EASA AD 2019-0270 also specifies that it takes over the applicable
requirements of EASA AD 2006-0197 (which corresponds to FAA AD 2008-17-
01 R1, Amendment 39-16106 (74 FR 63569, December 4, 2009) (``AD 2008-
17-01 R1'') and EASA AD 2010-0054 (which corresponds to FAA AD 2012-01-
08, Amendment 39-16920 (77 FR 3583, January 25, 2012) (``AD 2012-01-
08''). Accomplishing the revision specified in this proposed AD would
terminate the requirements of AD 2008-17-01 R1 and AD 2012-01-08 for
Model 328-100 series airplanes.
    This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
proposing this AD to address the potential failure of parts, which
could lead to reduced control of the airplane; and to address 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.
    See the MCAI for additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0270 describes airworthiness limitations for
certification maintenance requirements that include, among other items,
safe life limits and fuel tank system limitations. This material is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Proposed AD Requirements

    This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations for certification maintenance
requirements that include, among other items, safe life limits and fuel
tank system limitations, which are specified in EASA AD 2019-0270
described previously, as incorporated by reference. Any differences
with EASA AD 2019-0270 are identified as exceptions in the regulatory
text of this AD.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed

AD, the operator may not be able to accomplish the actions described in
the revisions. In this situation, to comply with 14 CFR 91.403(c), the
operator must request approval for an alternative method of compliance
according to paragraph (k)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2019-0270
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2019-0270 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD.
    Service information specified in EASA AD 2019-0270 that is required
for compliance with EASA AD 2019-0270 will be available on the internet
at https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0088 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's new process, which uses MCAI ADs as the primary source of
information for compliance with corresponding FAA ADs, has been limited
to certain MCAI ADs (primarily those with service bulletins as the
primary source of information for accomplishing the actions required by
the FAA AD). However, the FAA is now expanding the process to include
MCAI ADs that specify the incorporation of airworthiness limitation
documents.
    Although the format of the airworthiness limitation ADs using the
new process is different than the FAA's existing format for
airworthiness limitation ADs, the FAA requirements are the same:
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document.
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections), or intervals may be used unless the actions and intervals
are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in the AMOCs paragraph under
``Other FAA Provisions.'' This new format includes a ``New Provisions
for Alternative Actions and Intervals'' paragraph that does not
specifically refer to AMOCs, but operators may still request an AMOC to
use an alternative action or interval.

Costs of Compliance

    The FAA estimates that this proposed AD affects 21 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
    The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
In the past, the agency has estimated that this action takes 1 work-
hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate.
    The FAA estimates the total cost per operator for the new proposed
actions to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2004-06-01, Amendment 39-13527 (69 FR 13715, March 24, 2004); and AD
2009-06-09, Amendment 39-15845 (74 FR 12249, March 24, 2009); and
adding the following new AD:

328 Support Services GmbH (Type Certificate Previously Held by
AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt
GmbH): Docket No. FAA-2020-0088; Product Identifier 2019-NM-195-AD.

(a) Comments Due Date

    The FAA must receive comments by March 19, 2020.

(b) Affected ADs

    (1) This AD replaces AD 2004-06-01, Amendment 39-13527 (69 FR
13715, March 24, 2004) (``AD 2004-06-01''); and AD 2009-06-09,
Amendment 39-15845 (74 FR 12249, March 24, 2009) (``AD 2009-06-
09'').
    (2) This AD affects AD 2008-17-01 R1, Amendment 39-16106 (74 FR
63569, December 4, 2009) (``AD 2008-17-01 R1''); and AD 2012-01-08,
Amendment 39-16920

(77 FR 3583, January 25, 2012) (``AD 2012-01-08'').

(c) Applicability

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

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address the potential failure of parts, which
could lead to reduced control of the airplane; and to address 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.

(f) Compliance

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

(g) Existing Maintenance or Inspection Program Revision

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2019-0270, dated October 30, 2019 (``EASA AD 2019-0270'').

(h) Exceptions to EASA AD 2019-0270

    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2019-0270 do not apply to this AD.
    (2) Where paragraph (3) of EASA AD 2019-0270 specifies a
compliance time of ``Within 12 months'' after its effective date to
``revise the approved AMP,'' this AD requires ``revising the
existing maintenance or inspection program, as applicable'' to
incorporate the ``limitations, tasks and associated thresholds and
intervals'' specified in paragraph (3) of EASA AD 2019-0270 within
90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2019-0270 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2019-0270, or
within 90 days after the effective date of this AD, whichever occurs
later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2019-0270 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2019-0270 does not apply
to this AD.

(i) Provisions for Alternative Actions, Intervals, and Critical Design
Configuration Control Limitation (CDCCLs)

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
except as specified in the provisions of the ``Ref. Publications''
section of EASA AD 2019-0270.

(j) Terminating Action for Other ADs

    (1) Accomplishing the existing maintenance or inspection program
revision required by paragraph (g) of this AD terminates all
requirements of AD 2008-17-01 R1.
    (2) Accomplishing the existing maintenance or inspection program
revision required by paragraph (g) of this AD terminates all
requirements of AD 2012-01-08 for Model 328-100 airplanes only.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (l)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or 328 Support
Services GmbH's EASA Design Organization Approval (DOA). If approved
by the DOA, the approval must include the DOA-authorized signature.

(l) Related Information

    (1) For information about EASA AD 2019-0270, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>Internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. This material may be found in the AD docket on the
internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-0088.
    (2) For more information about this AD, contact Todd Thompson,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued on January 27, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-01922 Filed 1-31-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: July 10, 2008 (Volume 73, Number 133)]
[Notices]
[Page 39749-39751]
[DOCID:fr10jy08-112]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58087; File No. SR-CHX-2008-11]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change, as Modified By Amendment No. 1 Thereto, Relating to
Equity-Linked Debt Securities

July 2, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the

``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 20, 2008, the Chicago Stock Exchange, Inc. (``CHX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared substantially by the Exchange.
On June 25, 2008, the Exchange submitted Amendment No. 1 to the
proposed rule change. The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, from
interested persons and is granting accelerated approval to the proposed
rule change.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Rule 26 under Article 22 of the CHX
Rules (``Rule 26'') to clarify that the trading of equity-linked debt
securities (``ELDS'') is pursuant to Rule 19b-4(e) under the Act.\3\
The text of the proposed rule change is available at the Exchange, the
Commission's Public Reference Room, and http://www.chx.com.
---------------------------------------------------------------------------

    \3\ 17 CFR 240.19b-4(e).
---------------------------------------------------------------------------

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

    In its filing with the Commission, CHX included statements
concerning the purpose of, and basis for, the proposed rule change. The
text of these statements may be examined at the places specified in
Item III below. CHX has prepared summaries, set forth in Sections A, B,
and C below, of the most significant aspects of such statements.

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

1. Purpose
    CHX proposes to amend Rule 26 to clarify that the trading of ELDS
is pursuant to Rule 19b-4(e) under the Act. Rule 26 currently provides
for the trading of ELDS whether by listing or pursuant to unlisted
trading privileges. This rule change would further clarify that the
trading of ELDS is pursuant to Rule 19b-4(e) under the Act. Through
this filing, the Exchange would change its rules to reflect this
clarification.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\4\ in general, and furthers the
objectives of Section 6(b)(5),\5\ in particular, in that it is designed
to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanisms of a free and open market and
a national market system, and, in general, to protect investors and the
public interest, by allowing CHX to amend its rules to clarify that the
listing and trading of ELDS is pursuant to Rule 19b-4(e) under the Act
and to conform CHX's rules to those of other exchanges.\6\
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ See e.g., Chicago Board Options Exchange Rule 31.5(I);
Paragraph 703.21 of the New York Stock Exchange Listed Company
Manual; Nasdaq Rule 4420(g); and Philadelphia Stock Exchange Rule
803(h).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

III. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CHX-2008-11 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CHX-2008-11. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CHX-2008-11 and should be
submitted on or before July 31, 2008.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange.\7\ In particular, the Commission finds that the proposed rule
change is consistent with Section 6(b)(5) of the Act,\8\ which requires
that the rules of an exchange be designed, among other things, to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system,
and, in general, to protect investors and the public interest.
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    \7\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \8\ 15 U.S.C. 78f(b)(5).
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    The Commission finds good cause for approving this proposal before
the 30th day after the publication of notice thereof in the Federal
Register . The proposal seeks to clarify that the Exchange's listing
and trading of ELDS under Rule 26 is subject to Rule 19b-4(e) under the
Act. The Commission does not believe that this clarification raises any
novel regulatory issues. Therefore, the Commission believes that

accelerating approval of this proposal is appropriate and would ensure
that the Exchange's rules clearly reflect the standards for listing and
trading of ELDS and conform CHX's rules to those of other exchanges
without delay.\9\
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    \9\ See supra, note 6.
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V.Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\10\ that the proposed rule change, as modified (SR-CHX-2008-11),
be, and it hereby is, approved on an accelerated basis.
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    \10\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-15639 Filed 7-9-08; 8:45 am]

BILLING CODE 8010-01-P