[Federal Register Volume 82, Number 29 (Tuesday, February 14, 2017)]
[Rules and Regulations]
[Pages 10544-10546]
[FR Doc No: 2017-02489]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-6984; Airspace Docket No. 16-ANM-5]

Amendment of Class E Airspace, Salem, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the Class E airspace extending upward
from 700 feet above the surface at McNary Field, Salem, OR. After a
review of the airspace, the FAA found additional airspace is required
to support the current standard instrument approach and departure
procedures for the safety

and management of Instrument Flight Rules (IFR) operations at the
airport.

DATES: Effective 0901 UTC, April 27, 2017. The Director of the Federal
Register approves this incorporation by reference action under Title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11A and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it modifies controlled airspace at McNary Field, Salem, OR.

History

    The airspace in the area of McNary Field, Salem, Oregon has been
the subject of three recent airspace actions. In June 2015, the FAA
issued a final rule modifying Class D airspace, Class E surface area
airspace, Class E airspace extending upward from 700 feet above the
surface, and removing Class E surface area airspace designated as an
extension at McNary Field, Salem, OR (80 FR 37153, June 30, 2015). The
FAA explained that due to the proposed cancellation of the Turno non-
directional radio beacon (NDB) and cancellation of the NDB approach, a
review of the airspace was completed, revealing an increase and
reconfiguration of the airspace was needed for IFR operations. The
final rule was effective August 20, 2015.
    After August 20, 2015 the FAA received and considered additional
public comments recommending further airspace changes. The FAA
published a notice of proposed rulemaking (NPRM) on September 21, 2015
(80 FR 56935), proposing to modify Class D airspace, Class E surface
area airspace, and Class E airspace extending upward from 700 feet
above the surface at McNary Field. The FAA determined that some
airspace was unnecessary for Standard Instrument Approach Procedures
(SIAP) for instrument flight rules (IFR) operations at the airport. The
FAA received 71 comments including 24 comments requesting that the
airspace be returned to the configuration that was in place prior to
August 20, 2015. The FAA issued another final rule on March 8, 2016 (81
FR 12002), explaining in response to the public comments that returning
to the prior airspace configuration would not protect the IFR arrivals
and departures or account for existing terrain.
    After March 8, 2016, the FAA received additional public comments
citing a potential safety issue with the Localizer (LOC) Y runway (RWY)
31, and the LOC/Distance Measuring Equipment (DME) Back Course (BC)
approach to RWY 13. The FAA investigated this issue and on June 29,
2016, the FAA published in the Federal Register a notice of proposed
rulemaking (NPRM), (81 FR 42293) Docket FAA-2016-6984, to modify Class
E airspace extending upward from 700 feet above the surface at McNary
Field, Salem, OR, to provide additional airspace to support the
Localizer (LOC) Y runway (RWY) 31, and the LOC/Distance Measuring
Equipment (DME) Back Course (BC) approach to RWY 13. Interested parties
were invited to participate in this rulemaking effort by submitting
written comments on the proposal to the FAA. Ten comments were
received.

Discussion of Comments

    There were ten comments received from seven commenters; one
individual provided three separate comments. One comment was a
duplicate and one provided feedback on the two earlier final rules and
not the current proposal. To the extent that commenters raised concerns
pertaining to the earlier airspace actions (e.g., modifications to
Class D airspace), the FAA notes that those comments are outside the
scope of this proposal.
    One commenter supported the current proposal. Six commenters
requested the airspace be returned to the configuration that existed
prior to August 20, 2015. The FAA does not agree; the airspace that
existed prior to August 20, 2015 did not comply with FAA Order 7400.2K,
Procedures for Handling Airspace Matters in that it overstated some
airspace areas necessary for Instrument Flight Rules (IFR) arrivals and
did not provide sufficient airspace in other areas to protect IFR
departures until reaching 700 feet above the surface due to rising
terrain.
    Four commenters recommended the use of Class E4 arrival extensions.
The FAA does not agree. FAA Order 7400.2 states that Class E4 arrival
extensions are to be employed at the point where an aircraft descends
below 1,000 feet if it is farther than two miles from, and outside the
surface airspace. IFR aircraft at McNary Field, Salem, OR, descend to
1,000 feet above ground level within Class D airspace on all
approaches.
    Four commenters cited that the FAA did not comply with guidance in
five of their own directives: FAA Orders 8260.3C, United States
Standard for Terminal Instrument Procedures (TERPS); 8200.44A, Flight
Inspection Services Instrument Flight Procedure Coordination; 8260.19G,
Flight Procedures and Airspace; 8260.26F, Establishing Submission
Cutoff Dates for Civil Instrument Flight Procedures; and 7400.2K,
Procedures for Handling Airspace Matters. No specific examples were
provided, except two commenters stated the FAA was not in compliance
with Order 7400.2K page 17-2-4 when designing the Class D airspace. The
FAA disagrees as the current Class D airspace is in compliance with
this guidance. Further, the Class D airspace is not relevant to this
rulemaking action.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11A, dated August 3, 2016, and effective September 15,
2016, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designation listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016, and effective September 15,
2016. FAA Order 7400.11A is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11A lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 modifies Class E airspace extending upward from 700 feet above
the surface at McNary Field, Salem, OR, by adding segments extending
from the 6.7-mile radius to 13.50 miles northwest of the airport, and
extending from the 8.2-mile radius to 16.5 miles southeast of the
airport. After a review, the FAA discovered additional airspace was
necessary to accommodate the LOC Y RWY 31, and the LOC/DME BC RWY 13
instrument approach procedures for the safety and management of IFR
operations at the airport.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

0
1. The authority citation for Part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:

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

* * * * *

ANM OR E5 Salem, OR [Modified]

Salem, McNary Field, OR
    (Lat. 44[deg]54'34'' N., long. 123[deg]00'09'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.2-mile radius of McNary Field from the 168[deg] bearing
from the airport clockwise to the 311[deg] bearing from the airport,
and that airspace within a 6.7-mile radius of McNary Field from the
311[deg] bearing from the airport clockwise to the 074[deg] bearing
from the airport, and that airspace within an 8.2-mile radius of
McNary Field from the 074[deg] bearing from the airport clockwise to
the 168[deg] bearing from the airport, and that airspace 2 miles
either side of the 330[deg] bearing extending from the 6.7-mile
radius of the airport to 13.5 miles northwest of the airport, and
that airspace 4 miles southwest and 5 miles northeast of the
150[deg] bearing extending from the 8.2-mile radius of the airport
to 16.5 miles southeast of the airport.

    Issued in Seattle, Washington, on January 19, 2017.
Tracey Johnson,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2017-02489 Filed 2-13-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Rules and Regulations]
[Pages 36412-36414]
[FR Doc No: 2014-15117]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0240]
RIN 1625-AA00

Safety Zone; Freeport Chamber of Commerce Fireworks Display;
South Oyster Bay; Freeport, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of South Oyster Bay near Guy Lombardo Marina in
Freeport, NY for the Freeport Chamber of Commerce Fireworks Display.
This action is necessary to provide for the safety of life on navigable
waters during the event. Entering into, transiting through, remaining,
anchoring or mooring within this safety zone is prohibited without
permission from the Captain of the Port (COTP) Sector Long Island
Sound.

DATES: This rule is effective from 8:45 p.m. on July 5, 2014 until 10
p.m. on July 12, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0240]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Scott Baumgartner, Prevention Department,
Coast Guard Sector Long Island Sound,<PHONE_NUMBER>,
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On April 25, 2014 the Coast Guard published an NPRM entitled
``Safety Zone; Freeport Chamber of Commerce Fireworks Display; South
Oyster Bay; Freeport, NY'' in the Federal Register (79 FR 22930). No
public comments were received on the proposed rule. No public meeting
was requested and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The comment period for the NPRM
associated with the Freeport Chamber of Commerce Fireworks Display
expired on May 27, 2014. The event is scheduled to occur on July 5,
2014. Thus, there is now insufficient time for a 30 day effective
period before the need to enforce this safety zone on July 5, 2014.
    The fireworks display will take place on July 5, 2014 to coincide
with Independence Day. Delaying the enforcement of this safety zone to
allow a 30 day effective period will be impractical and contrary to the
public interest because it would inhibit the Coast Guard's ability to
fulfill its mission to keep the ports and waterways safe.

B. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1 which
collectively authorize the Coast Guard to define regulatory safety
zones.
    This temporary rule is necessary to promote the safety of life on
navigable waterways during the Freeport Chamber of Commerce fireworks
display in South Oyster Bay near the Guy Lombardo Marina in Freeport,
NY.

C. Discussion of Comments, Changes and the Final Rule

    No comments were received and no changes have been made to the
final rule. The Coast Guard is establishing a safety zone for the
Freeport Chamber of Commerce fireworks display to provide for the
safety of life on navigable waters during the event. This safety zone
includes all waters of South Oyster Bay within 600 feet of the
fireworks launch site located at Guy Lombardo Marina in Freeport, NY.

D. 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.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking is not a
significant regulatory action for the following reasons: The safety
zone will be enforced for a relatively short duration, just a little
over an hour on a single day. Also, the safety zone covers only a small
portion of the navigable waterways and waterway users may still transit
around the safety zone. Additionally, mariners may request permission
from the COTP Sector Long Island Sound or the designated representative
to transit through the zone. Finally, advance public notifications will
be made to the local maritime community through the Local Notice to
Mariners as well as Broadcast Notice to Mariners to maximize public
awareness of this safety zone.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 received zero comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit, anchor or moor within the safety zone during the enforcement
period. The temporary safety zone will not have a significant economic
impact on a substantial number of small entities for the same reasons
discussed in the

Regulatory Planning and Review section.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have 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 the establishment of a safety zone and
thus, it is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T01-0240 to read as follows:

Sec.  165.T01-0240  Safety Zone; Freeport Chamber of Commerce Fireworks
Display; South Oyster Bay, Freeport, NY.

    (a) Location. The following area is a safety zone: All waters of
South Oyster Bay within a 600-foot radius of the fireworks launch site
located at the Guy Lombardo Marina in Freeport, NY in approximate
position 40[deg]37'27.27'' N, 073[deg]34'34.64'' W North American Datum
1983.
    (b) Enforcement Period. This rule will be enforced on July 5, 2014
from 8:45 p.m. to 10:00 p.m. If the event is postponed due to inclement
weather, then this rule will be enforced on July 12, 2014 from 8:45
p.m. to 10:00 p.m.

    (c) Regulations. The general regulations contained in 33 CFR 165.23
apply. During the enforcement period, entering into, transiting
through, remaining, mooring or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port (COTP) or the
designated representatives.
    (1) Definitions. The following definitions apply to this section:
    (i) Designated Representative. A ``designated representative'' is
any commissioned, warrant or petty officer of the U.S. Coast Guard who
has been designated by the COTP, Sector Long Island Sound, to act on
his or her behalf. The designated representative may be on an official
patrol vessel or may be on shore and will communicate with vessels via
VHF-FM radio or loudhailer. In addition, members of the Coast Guard
Auxiliary may be present to inform vessel operators of this regulation.
    (ii) Official Patrol Vessels. Official patrol vessels may consist
of any Coast Guard, Coast Guard Auxiliary, state, or local law
enforcement vessels assigned or approved by the COTP Sector Long Island
Sound.
    (iii) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (2) Spectators desiring to enter or operate within the regulated
area should contact the COTP Sector Long Island Sound at<PHONE_NUMBER>
(Sector Long Island Sound command center) or the designated
representative via VHF channel 16 to obtain permission to do so.
Spectators given permission to enter or operate in the safety zone must
comply with all directions given to them by the COTP Sector Long Island
Sound or the designated on-scene representative.
    (3) Upon being hailed by an official patrol vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the safety
zone, citation for failure to comply, or both.

    Dated: June 13, 2014.
E. J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.

[FR Doc. 2014-15117 Filed 6-26-14; 8:45 am]
BILLING CODE 9110-04-P


Comment Info: =================

General Comment:vaping has helped me to stop smoking two packs A day do not stop vapor! give a 75 day comment period is insufficient time for the vaping industry and the wider vaping community to comment on the proposed deeming regulations. I would respectfully request that the period for comment be extended to 180 days. .


Comment Info: =================

General Comment:ENVIRON HEALTH PERSPECT, ENVIRON HEALTH PERSPECT; ENVIRON HEALTH PERSPECT, ENVIRON HEALTH PERSPECT


[Federal Register: August 16, 2010 (Volume 75, Number 157)]
[Notices]
[Page 50010-50012]
[DOCID:fr16au10-119]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62684; File No. SR-OCC-2010-11]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify the Definition of the Term Representative

August 10, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on July 29, 2010, The Options
Clearing Corporation (``OCC'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change described in Items
I and II

below, which items have been prepared primarily by OCC. OCC filed the
proposal pursuant to Section 19(b)(3)(A)(i) of the Act \2\ and Rule
19b-4(f)(1) \3\ thereunder so that the proposal was effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the rule change from interested parties.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(i).
    \3\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The proposed rule change would broaden the definition of the term
``Representative'' found in Article I, Section 1 of OCC's By-Laws.

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

    In its filing with the Commission, OCC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. OCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\4\
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    \4\ The Commission has modified the text of the summaries
prepared by OCC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this rule change is to broaden the definition of the
term ``Representative'' found in Article I, Section 1 of OCC's By-Laws.
``Representative'' is defined as a director, senior officer, principal,
or general partner of a Clearing Member Organization.\5\ OCC's By-Laws
require that a Member Director on OCC's board of directors (``Board'')
be either a Clearing Member \6\ or a Representative of a Clearing
Member Organization.\7\ This same qualification requirement is applied
to members of the Board's nominating committee (``Nominating
Committee'').\8\
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    \5\ Clearing Member Organization means a Clearing Member that is
a legal entity rather than a natural person. Article I, Section 1 of
OCC's By-Laws.
    \6\ The term ``Clearing Member'' is defined in OCC's By-Laws as
a person or organization that has been admitted to membership in OCC
pursuant to the provisions of the By-Laws and Rules. Article I,
Section 1 of OCC's by-laws.
    \7\ Article III, Section 2 of OCC's by-laws.
    \8\ Article III, Section 4 of OCC's by-laws.
---------------------------------------------------------------------------

    In certain instances, otherwise qualified candidates for the Board
or the Nominating Committee were found to be ineligible because they
were associated with an affiliate of a Clearing Member rather than with
the Clearing Member itself. OCC does not believe a qualified candidate
should be precluded from service on either the Board or Nominating
Committee due to a technicality and therefore proposes to broaden the
definition of ``Representative'' to include a representative of an
entity that controls, is controlled by, or under common control with a
Clearing Member.
2. Statutory Basis
    OCC believes that the proposed rule change is consistent with
Section 17A of the Act,\9\ as amended, because it fosters the fair
representation of Clearing Members in the administration of OCC's
affairs. It accomplishes this purpose by expanding the pool of
qualified candidates eligible for Board and Nominating Committee
service to include directors, senior officers, principals, or general
partners of an affiliate of a Clearing Member. The proposed rule change
is not inconsistent with the existing rules of OCC, including any other
rules proposed to be amended.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    Written comments relating to the proposed rule change were not and
are not intended to be solicited or received. OCC will notify the
Commission of any written comments received by OCC.

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

    The foregoing proposed rule change has become effective upon filing
pursuant to Section 19(b)(3)(A)(i) of the Act \10\ and Rule 19b-4(f)(1)
\11\ thereunder because the proposed rule change constitutes an
interpretation with respect to the meaning, administration or
enforcement of an existing rule. At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(i).
    \11\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-OCC-2010-11 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2010-11. 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filings also will be available for
inspection and copying at the principal office of OCC and on OCC's Web
site at http://www.optionsclearing.com/components/docs/legal/rules_
and_bylaws/sr_occ_10_11.pdf.
    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-OCC-2010-11
and should be submitted on or before September 7, 2010.

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

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-20179 Filed 8-13-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 214 (Wednesday, November 5, 2014)]
[Notices]
[Pages 65757-65758]
[FR Doc No: 2014-26271]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0322]

Hours of Service of Drivers: Application of B.R. Kreider & Son,
Inc. for Exemption From the 12-Hour Limit on the Duty Day of Short-Haul
Drivers

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA announces that it has received an application from B.R.
Kreider & Son, Inc., (Kreider) for an exemption from the requirement
that drivers of commercial motor vehicles (CMVs) must be released from
work within 12 consecutive hours in order to take advantage of the
exception to the record of duty status (RODS) rule for short-haul
operations. Drivers qualifying for the short-haul exception are subject
to the hours of service limits but are not required to maintain a RODS
during the duty day. Kreider asks that its drivers be allowed to
operate under the short-haul exception when their duty day exceeds 12
hours, and states that the same level of safety would be achieved with
the exemption in place as would be achieved without the exemption.

DATES: Comments must be received on or before December 5, 2014

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2014-0322 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.

     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to www.regulations.gov, including any personal
information provided. Please also see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments received, go to www.regulations.gov, and follow the online
instructions for accessing the dockets, or go to the street address
listed above.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review a
Privacy Act notice regarding our public dockets in the January 17,
2008, issue of the Federal Register (73 FR 3316).
    Public participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, FMCSA Driver
and Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. Before doing so, the Agency must provide an opportunity
for public comment. The Agency is required to publish a notice of each
exemption request in the Federal Register (49 CFR 381.315(a)),
providing the public an opportunity to inspect the information relevant
to the application, including any safety analyses that have been
conducted, and an opportunity to comment on the request. FMCSA must
review the safety analyses and public comments submitted and determine
whether granting the exemption would likely achieve a level of safety
equivalent to, or greater than, the level that would be achieved by the
current regulation (49 CFR 381.305). The Agency must publish its
decision in the Federal Register (49 CFR 381.315(b)) and state the
reasons for denying or granting the application. If the exemption is
granted, the notice must include the name of the person or entity, or
class of persons, receiving the exemption, and the regulation from
which the exemption is granted. The notice must also specify the
effective period of the exemption and state the terms and conditions of
the exemption, if any. The exemption may be renewed (49 CFR
381.300(b)).
    The hours-of-service (HOS) rules (49 CFR part 395) require
operators of CMVs to maintain a RODS on board the CMV at all times
(Sec.  395.8(a)). However, the HOS rules provide an exception to this
requirement for qualifying CMV drivers engaged in short-haul operations
(Sec.  395.1(e)). Section 395.1(e) states in pertinent part: ``(e)
Short-haul operations--(1) 100 air-mile radius driver. A driver is
exempt from [maintaining a RODS] if: (i) The driver operates within a
100 air-mile radius of the normal work reporting location; (ii) The
driver . . . returns to the work reporting location and is released
from work within 12 consecutive hours; (iii)(A) A property-carrying
commercial motor vehicle driver has at least 10 consecutive hours off
duty separating each 12 hours on duty; . . . (iv)(A) A property-
carrying commercial motor vehicle driver does not exceed [11 hours]
driving . . . following 10 consecutive hours off duty; . . . and (v)
The motor carrier that employs the driver maintains and retains for a
period of 6 months accurate and true time records showing: (A) The time
the driver reports fur duty each day; (B) The total number of hours the
driver is on duty each day; (C) The time the driver is released from
duty each day . . .''
    A driver who expects to qualify for the short-haul exception does
not maintain a RODS on board the CMV. However, if the driver discovers
later in the day that he or she is not going to qualify for the short-
haul exception, the driver must immediately begin to prepare a RODS for
the day. The RODS must cover the entire day, even if the driver has to
record retroactively changes in duty status that occurred earlier in
the day. See Q.21 under 49 CFR 395.1 at http://www.fmcsa.dot.gov/regulations/title49/part395?guidance.

Request for Exemption

    Kreider is an interstate motor carrier engaged in the short-haul
transportation of materials such as topsoil, fill, and stone. Kreider
drivers do not go beyond a 100 air-mile radius of their normal work-
reporting location during their duty day. Kreider states that its
drivers make frequent deliveries during their duty day, and thus are
``in and out of the truck all day long.'' Kreider states that it is
often not possible for its CMV drivers to complete their duty day
within the 12-hour limit. The applicant believes that it is impractical
to require these drivers to prepare a RODS when this occurs. Kreider
states that the 12-hour requirement ``affects the driver's pay,
production rates and makes for a very sloppy log book with so many
lines between driving and on duty.'' It believes that the same level of
safety would be achieved with this exemption in place as would be
achieved in the absence of the exemption. A copy of the applicants'
application for exemption is available for review in the docket for
this notice.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA
requests public comment on this application for an exemption from Sec.
395.1(e)(1)(ii) so that its CMV drivers who are not released from duty
within 12 consecutive hours can qualify for the short-haul exception.
    The Agency will consider all comments received by close of business
on December 5, 2014. Comments will be available for examination in the
docket at the location listed under the ADDRESSES section of this
notice. The Agency will consider to the extent practicable comments
received in the public docket after the closing date of the comment
period.

    Issued on: October 27, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-26271 Filed 11-4-14; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Proposed Rules]
[Pages 11132-11134]
[FR Doc No: 2016-04539]

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

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

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

Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-4229; Directorate Identifier 2015-CE-038-AD]
RIN 2120-AA64

Airworthiness Directives; Viking Air Limited Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Viking Air Limited Models DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. III
airplanes. This proposed AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as corrosion
of the elevator control rod and of the elevator actuating lever on the
control column. We are issuing this proposed AD to require actions to
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by April 18, 2016.

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
Viking Air Limited Technical Support, 1959 De Havilland Way, Sidney,
British Columbia, Canada, V8L 5V5; Fax:<PHONE_NUMBER>; telephone: (North
America)<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet: http://www.vikingair.com/support/service-bulletins. You may
review this referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. 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 by searching for and locating Docket No. FAA-2016-
4229; 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: Aziz Ahmed, Aerospace Safety Engineer,
FAA, New York Aircraft Certification Office (ACO), 1600 Steward Avenue,
Suite 410, Westbury, New York 11590; telephone:<PHONE_NUMBER>; fax:
(516) 794-5531; email<EMAIL_ADDRESS>
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-2016-4229;
Directorate Identifier 2015-CE-038-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://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

    Transport Canada, which is the aviation authority for Canada, has
issued AD No. CF-2015-21, dated July 30, 2015 (referred to after this
as ``the MCAI''), to correct an unsafe condition for all Viking Air
Limited Models DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. III airplanes.
The MCAI states:

    There have been a number of reports of corrosion and/or cracking
at the elevator actuating lever on the control column, in the
elevator control rod assemblies, and at the rod end plug.
    Undetected corrosion and/or cracking of the elevator control rod
assemblies or elevator actuating lever may lead to the failure of
the components with consequent loss of aeroplane control.

    The MCAI requires visually inspecting the elevator control rod
assemblies, the elevator actuating lever on the control column, and the
control column torque tube for corrosion, cracking, and/or other
damages, and repairing or replacing damaged parts. The MCAI also
requires incorporating revisions into the maintenance program and adds
a life limit to certain elevator control rod assemblies. You may
examine the MCAI on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-4229.

Related Service Information Under 1 CFR Part 51

    Viking Air Limited has issued DHC-2 Beaver Service Bulletin Number:
V2/0005, Revision `C', dated July 17, 2015. The service information
describes procedures for doing detailed visual inspections of the
elevator control rod assemblies, the elevator actuating lever on the
control column, and the control column torque tube for corrosion,
cracking, and/or other damages. The service bulletin also describes
procedures for repairing or replacing damaged parts. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section of this NPRM.

FAA's Determination and Requirements of the 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 our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Costs of Compliance

    We estimate that this proposed AD will affect 135 products of U.S.
registry. We also estimate that it would take about 11.5 work-hours per
product to comply with the basic inspection requirements of this
proposed AD. The average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the basic
inspection requirements of this proposed AD on U.S. operators to be
$131,962.50, or $977.50 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 8 work-hours and require parts costing $1,859, for a cost of
$2,539 per product. Contact Viking Air Limited at the address
identified in the ADDRESSES section of this NPRM for current pricing
and lead time. We have no way of determining the number of products
that may need these actions.

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 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) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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 adding the following new AD:

Viking Air Limited: Docket No. FAA-2016-4229; Directorate Identifier
2015-CE-038-AD.

(a) Comments Due Date

    We must receive comments by April 18, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Viking Air Limited DHC-2 Mk. I, DHC-2 Mk. II,
and DHC-2 Mk. III airplanes, all serial numbers, certificated in any
category.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight
Controls.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as corrosion of the
elevator control rod and of the elevator actuating lever on the
control column. We are issuing this AD to detect and correct
corrosion and/or cracking of the elevator control rod assemblies and
the elevator actuating lever, which if not detected and corrected,
could cause these components to fail. This failure could result in
loss of control.

(f) Actions and Compliance

    Comply with this AD within the compliance times specified in
paragraphs (g) through (l) of this AD, including all subparagraphs,
unless already done.

(g) Inspections

    Within the next 120 days after the effective date of this AD or
within the next 100 hours time-in-service (TIS) after the effective
date of this AD, whichever occurs first, do the following
inspections in accordance with section I. PLANNING INFORMATION,
paragraph D. of Viking DHC-2 Beaver Service Bulletin Number: V2/
0005, Revision ``C'', dated July 17, 2015:
    (1) For airplanes with an installed elevator control rod
assembly, part number (P/N) C2CF619A, do a detailed visual
inspection of P/N C2CF619A for corrosion, cracking, and/or other
damages.
    (2) For airplanes with an installed elevator control rod
assembly, P/N CT2CF1021-1, do a detailed visual inspection of P/N
CT2CF1021-1 for corrosion, cracking, and/or other damages.
    (3) For all airplanes, do a detailed visual inspection of the
elevator actuating lever on the control column and the control
column torque tube for corrosion, cracking and/or other damages.

(h) Replacement/Repair for P/N C2CF619A

    (1) Before further flight after the inspection required in
paragraph (g)(1) of this AD, if corrosion, cracking, or other
damages are found, replace P/N C2CF619A with P/N C2CF619A-11
following section I. PLANNING INFORMATION, paragraph D. of Viking
DHC-2 Beaver Service Bulletin Number: V2/0005, Revision ``C'', dated
July 17, 2015, or contact Viking Air Limited at the address
specified in paragraph (o) of this AD for an FAA-approved repair and
incorporate the repair.
    (2) Within the next 120 days after the effective date of this AD
or within the next 100 hours TIS after the effective date of this
AD, whichever occurs first, you may replace P/N C2CF619A with P/N
C2CF619A-11 instead of doing the inspection required in paragraph
(g)(1) of this AD. Do the replacement following section I. PLANNING
INFORMATION, paragraph D. of Viking DHC-2 Beaver Service Bulletin
Number: V2/0005, Revision ``C'', dated July 17, 2015.
    (3) After replacing P/N C2CF619A with P/N C2CF619A-11, you must
still do the repetitive inspections of the elevator control rod
assemblies following the Airworthiness Limitations section of the
FAA-approved maintenance program (e.g., maintenance manual)
specified in paragraph (k)(1) of this AD.

(i) Replacement/Repair for P/N CT2CF1021-1

    (1) Before further flight after the inspection required in
paragraph (g)(2) of this AD, if corrosion, cracking, or other
damages are found, replace the elevator control rod assembly with P/
N CT2CF1021-1 that has been inspected and is free of corrosion,
cracking, or other damages following section I. PLANNING
INFORMATION, paragraph D. of Viking DHC-2 Beaver Service Bulletin
Number: V2/0005, Revision ``C'', dated July 17, 2015, or contact
Viking Air Limited at the address specified in paragraph (o) of this
AD for an FAA-approved repair and incorporate the repair.
    (2) After replacing or repairing P/N CT2CF1021-1, you must still
do the repetitive inspections of the elevator control rod assemblies
following the Airworthiness Limitations section of the FAA-approved
maintenance program (e.g., maintenance manual) specified in
paragraph (k)(1) of this AD.

(j) Repair of the Elevator Actuating Lever

    Before further flight after the inspection required in paragraph
(g)(3) of this AD, if corrosion, cracking, or other damages are
found, contact Viking Air Limited at the address specified in
paragraph (o) of this AD for an FAA-approved repair and incorporate
the repair.

(k) Airworthiness Limitations/Restrictions

    (1) For all airplanes, within the next 30 days after the
effective date of this AD, insert the following into the
Airworthiness Limitations section of the FAA-approved maintenance
program (e.g., maintenance manual). This revision to the Limitation
section incorporates repetitive inspections of the elevator control
rod assemblies, the elevator actuating lever, and the control column
torque tube for corrosion, cracks, and/or other damage. Insert item
20A., of Part 3, in Appendix 2 of Temporary Revision No.: 2-38,
dated March 4, 2015, into the VIKING PSM NO.: 1-2-2, AIRCRAFT: DHC-2
BEAVER, SERIES: ALL, PUBLICATION: MAINTENANCE MANUAL; and insert
item 20A., in Part 4, of Temporary Revision No.: 2T-14, dated March
4, 2015, into VIKING PSM NO.: 1-2T-2, AIRCRAFT: DHC-2 TURBO BEAVER,
SERIES: ALL, PUBLICATION: MAINTENANCE MANUAL.
    (2) For all airplanes, as of the effective date of this AD, do
not install P/N C2CF619A or C2CF619A-9 as a replacement part.

(l) Life Limit for P/N C2CF619A

    As of the effective date of this AD, elevator control rod
assemblies, P/N C2CF619A, are life-limited to 15 years and must be
replaced with P/N C2CF619A-11 at the following compliance time:
    (1) If, as of the effective date of this AD, the age of the
installed P/N C2CF619A is known, it must be replaced before
exceeding the life limit or within the next 12 months after the
effective date of this AD, whichever occurs later.
    (2) If, as of the effective date of this AD, the age of the
installed P/N C2CF619A is not known, it must be replaced within the
next 12 months after the effective date of this AD.

(m) Credit for Actions Accomplished in Accordance With Previous Service
Information

    Credit will be given for the inspections required in paragraphs
(g)(1), (g)(2), and (g)(3) of this AD if they were done before the
effective date of this AD following Viking Air Limited DHC-2 Beaver
Service Bulletin Number: V2/0005, Revision `NC', dated March 26,
2012; Viking Air Limited DHC-2 Beaver Service Bulletin Number: V2/
0005, Revision `A', dated November 7, 2014; or Viking Air Limited
DHC-2 Beaver Service Bulletin Number: V2/0005, Revision `B', dated
March 4, 2015.

(n) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Aziz Ahmed, Aerospace Safety Engineer, FAA, New
York Aircraft Certification Office (ACO), 1600 Steward Avenue, Suite
410, Westbury, New York 11590; telephone:<PHONE_NUMBER>; fax: (516)
794-5531; email<EMAIL_ADDRESS>Before using any approved AMOC
on any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(o) Related Information

    Refer to MCAI Transport Canada AD No. CF-2015-21, dated July 30,
2015; and Viking Air Limited DHC-2 Beaver Service Bulletin Number:
V2/0005, Revision `NC', dated March 26, 2012; Viking Air Limited
DHC-2 Beaver Service Bulletin Number: V2/0005, Revision `A', dated
November 7, 2014; or Viking Air Limited DHC-2 Beaver Service
Bulletin Number: V2/0005, Revision `B', dated March 4, 2015, for
related information. You may examine the MCAI on the Internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2016-4229. For service information related to this AD, contact
Viking Air Limited Technical Support, 1959 De Havilland Way, Sidney,
British Columbia, Canada, V8L 5V5; Fax:<PHONE_NUMBER>; telephone:
(North America)<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: http://www.vikingair.com/support/service-bulletins. You may review this referenced service
information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on February 24, 2016.
Robert P. Busto,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-04539 Filed 3-2-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: March 26, 2009 (Volume 74, Number 57)]
[Rules and Regulations]
[Page 13098-13099]
[DOCID:fr26mr09-11]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 137

Operations in Controlled Airspace Designated for an Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: This final rule revises an incorrect cross-reference in the
regulations regarding operations in controlled airspace designated for
an airport. The current regulations cross-reference a particular
paragraph that no longer exists. This final rule updates the cross-
reference so that the reader will be able to find the appropriate
weather minimum limitations on visual flight rules for aircraft in
controlled airspace near airports.

DATES: Effective Date: This final rule is effective March 26, 2009.

FOR FURTHER INFORMATION CONTACT: Carl N. Johnson, Flight Standards
Office, AFS-820, Federal Aviation Administration, 800 Independence
Ave., SW., Washington, DC 20591; telephone<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On December 17, 1991 (56 FR 65664), an amendment created Sec.
137.43, Operations in controlled airspace designated for an airport.
Paragraph (c) of this section contains a reference to paragraph (a)(2)
of Sec.  91.157, Special VFR weather minimums. The purpose of the
cross-reference is to set out the exceptions for aircraft operating
under special visual flight rules (VFR) in

controlled airspace designated for airports. However, a final rule
published on December 5, 1995 (58 FR 51968) revised Sec.  91.157. That
revision removed paragraph (a)(2) and placed the information in
paragraph (b)(4). As a result, the cross-reference in Sec.  137.43
became inaccurate. This final rule revises the cross-reference in Sec.
137.43(c) so that it correctly refers to Sec.  91.157(b)(4).

Technical Amendment

    This technical amendment merely revises an out-of-date cross-
reference. There are no other changes to the existing regulatory text.

Justification for Immediate Adoption

    Because this action updates an inaccurate cross-reference, the FAA
finds that notice and public comment under 5 U.S.C. section 553(b) is
unnecessary. For the same reason, the FAA finds good cause exists under
5 U.S.C. section 553(d) for making this rule effective upon
publication.

List of Subjects in 14 CFR Part 137

    Agriculture, Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

The Amendment

0
In consideration of the forgoing, the FAA amends 14 CFR part 137 as
follows:

PART 137--AGRICULTURAL AIRCRAFT OPERATIONS

0
1. The authority citation for part 137 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 44701-44702.

Sec.  137.43  [Amended]

0
2. Amend Sec.  137.43(c) by removing the reference ``Sec.
91.157(a)(2)'' and adding in its place the reference ``Sec.
91.157(b)(4)''.

    Issued in Washington, DC on March 13, 2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. E9-6731 Filed 3-25-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 126 (Friday, July 1, 2022)]
[Notices]
[Page 39569]
[FR Doc No: 2022-14077]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34638; File No. 812-15336]

Goldman Sachs Trust II, et al

June 27, 2022.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

ACTION: Notice.

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    Notice of an application under Section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from Section 15(c) of
the Act.
    Summary of Application: The requested exemption would permit a
Trust's board of trustees (the ``Board'') to approve new sub-advisory
agreements and material amendments to existing sub-advisory agreements
without complying with the in-person meeting requirement of Section
15(c) of the Act.
    Applicants: Goldman Sachs Trust II (the ``Trust''), Goldman Sachs
Asset Management, L.P. (``GSAM''), and Goldman Sachs Asset Management
International (``GSAMI'').
    Filing Dates: The application was filed on May 13, 2022.
    Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing on any application by emailing
the SEC's Secretary at [email protected] and serving the
relevant applicant with a copy of the request by email, if an email
address is listed for the relevant applicant below, or personally or by
mail, if a physical address is listed for the relevant applicant below.
    Hearing requests should be received by the Commission by 5:30 p.m.
on July 22, 2022, and should be accompanied by proof of service on
applicants, in the form of an affidavit or, for lawyers, a certificate
of service. Pursuant to rule 0-5 under the Act, hearing requests should
state the nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by emailing the Commission's Secretary.

ADDRESSES: The Commission: [email protected]. Applicants:
Caroline L. Kraus, Goldman Sachs & Co., 200 West Street, 15th Floor,
New York, New York 10282, Stephen H. Bier, Esq., Dechert LLP, 1095
Avenue of the Americas, New York, New York 10036, and Brenden P.
Carroll, Dechert LLP, 1900 K Street Northwest, Washington, DC 20006.

FOR FURTHER INFORMATION CONTACT: Lisa Reid Ragen, Branch Chief, at
(202) 551-6825 (Division of Investment Management, Chief Counsel's
Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' application,
dated May 13, 2022, which may be obtained via the Commission's website
by searching for the file number at the top of this document, or for an
Applicant using the Company name search field on the SEC's EDGAR
system. The SEC's EDGAR system may be searched at https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You may also call the
SEC's Public Reference Room at<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2022-14077 Filed 6-30-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
[Rules and Regulations]
[Pages 51792-51795]
[FR Doc No: 2021-20042]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0919; Project Identifier 2019-NE-24-AD; Amendment
39-21714; AD 2021-18-13]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
General Electric Company (GE) CF34-8 model turbofan engines with a
certain outer shell combustion liner (combustion outer liner shell)
installed. This AD was prompted by two in-flight engine shutdowns
(IFSDs) that occurred as a result of failures of the combustion outer
liner shell. This AD requires a borescope inspection (BSI) or visual
inspection of the combustion outer liner shell and, depending on the
results of the inspection, possible replacement of the combustion outer
liner shell. The FAA is issuing this AD to address the unsafe condition
on these products.

DATES: This AD is effective October 22, 2021.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 22,
2021.

ADDRESSES: For service information identified in this final rule,
contact General Electric Company, GE Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>You may view this service information at
the FAA, Airworthiness Products Section, Operational Safety Branch,
1200 District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0919.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0919; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Scott Stevenson, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all CF34-8C1, CF34-8C5,
CF34-8C5A1, CF34-8C5B1, CF34-8C5A2, CF34-8C5A3, CF34-8E2, CF34-8E2A1,
CF34-8E5, CF34-8E5A1, CF34-8E5A2, CF34-8E6, and CF34-8E6A1 model
turbofan engines with a certain combustion outer liner shell installed.
The NPRM published in the Federal Register on January 10, 2020 (85 FR
1292). The NPRM was prompted by reports of two IFSDs on GE CF34-8C and
-8E model turbofan engines. These IFSDs were due to the cracking and
collapsing of the combustion outer liner shell, which resulted in
thermal distress of the high-pressure turbine and low-pressure turbine
(LPT) including burn-through of the LPT case. In the NPRM, the FAA
proposed to require a BSI or visual inspection of the combustion outer
liner shell and, depending on the results of the inspection, possible
replacement of the combustion outer liner shell. The FAA is issuing
this AD to address the unsafe condition on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from four commenters. The commenters were
Horizon Air, Japan Airlines, Endeavor Air, and the Air Line Pilots
Association, International (ALPA). The following presents the comments
received on the NPRM and the FAA's response to each comment.

Request To Change the Initial Compliance Time

    Horizon Air requested the FAA revise the initial inspection
threshold in proposed paragraph (g)(2) of the NPRM to ``17,499 flight
hours (FHs) time since new (TSN) or time since repair (TSR), or 12,000
flight cycles (FCs) TSN or TSR, whichever occurs later.'' Horizon Air
reasoned that the initial inspection threshold in paragraph (g)(2) of
the proposed AD would unfairly penalize operators, like Horizon Air,
with high FH to FC ratios. Horizon Air further stated that using the
higher FH to FC ratios, the proposed 17,499 FHs TSN or TSR inspection
threshold would equate to approximately 11,000 engine FCs. This FC
value is substantially below the GE targeted initial engine shop visit
threshold of 12,000 to 14,000 FCs and would potentially result in a
significant increase in the number of engine shop visits over the 6- to
12-year operating lifespan of each engine.
    The FAA partially agrees. While the failure mode is partially
related to FCs, the compliance is published in FHs to align with
existing maintenance intervals. Incorporating both measures as
intervals into this AD is impractical; however, operators may request
an alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (k) of this AD to use alternate
intervals. The FAA did not change this AD as a result of this comment.

Request To Change the Installation Prohibition

    Horizon Air requested the FAA revise paragraph (h), Installation
Prohibition, as proposed in the NPRM, so it does not conflict with the
proposed required actions specified in paragraph (g)(1) of the NPRM.
Horizon Air stated that paragraph (h) of the proposed AD prohibits
installation of a combustion outer liner shell with greater than 17,500
FHs TSN or TSR, without first inspecting it in accordance with
paragraph (g)(1) of the proposed AD. However, paragraph (g)(1) of the
proposed AD requires inspection of the combustion outer liner shell
within 500 engine FHs TSN or TSR for those combustion outer liner
shells that have accumulated 17,500 FHs TSN or TSR. Horizon Air
concluded that the 18,000 FHs TSN or TSR limitation specified in
paragraph (g)(1) of the proposed AD conflicts with the 17,500 FHs TSN
or

TSR limit specified in paragraph (h) of the proposed AD.
    The FAA disagrees. The initial inspection threshold is 17,500 FHs
for affected engines. This AD provides a grace period of 500 FHs for
in-service engines to prevent the unintentional grounding of airplanes
with affected engines. The FAA did not change this AD as a result of
this comment.

Request To Include a Terminating Action

    Horizon Air requested the FAA petition GE for a terminating action
to the inspection requirements in the proposed AD. Horizon Air
commented the financial cost and maintenance burden of performing the
repetitive inspections are significant.
    The FAA disagrees. The FAA considers this AD to be interim action
and will consider further rulemaking if the manufacturer develops a
terminating action. The FAA included all estimated costs in the Costs
of Compliance section in the preamble of this AD. The FAA did not
change this AD as a result of this comment.

Request To Revise Service Information References

    Horizon Air, Japan Airlines, and Endeavor Air requested the FAA
update references to GE CF34-8E Alert Service Bulletin (SB) 72-A0221
and GE CF34-8C Alert SB 72-A0335 in the Required Actions section,
paragraph (g), of the proposed AD. Japan Airlines requested that GE
CF34-8E-AL S/B 72-A0221, Original Issue, dated June 27, 2019, be added
to the compliance paragraphs because the Original Issue and R01 have
the same inspection methods and limits. Horizon Air requested that the
FAA reference only GE CF34-8E Alert SB 72-A0221 R01 in paragraph (g) of
the proposed AD and add a Previous Credit section to allow previous
compliance using the Original Issue. Endeavor Air requested that the
FAA reference the latest revision of GE CF34-8C Alert SB 72-A0335 in
proposed paragraph (g). Endeavor Air indicated that GE planned to issue
R02 of CF34-8C Alert SB 72-A0335 on February 24, 2020.
    The FAA agrees to reference the latest revision of these Alert SBs,
which is R02 for both GE CF34-8C Alert SB 72-A0335 and GE CF34-8E Alert
SB 72-A0221, in paragraph (g) of this AD. The FAA disagrees with the
need to reference prior revisions of these Alert SBs in paragraphs (g)
of this AD but agrees to add Credit for Previous Actions, paragraph
(j), to this AD to allow credit for performing inspections prior to the
effective date of this AD. These changes impose no additional burden on
operators who are required to comply with this AD.

Request To Clarify Compliance

    Japan Airlines requested that the FAA clarify whether the
inspection should occur ``before'' or ``within'' 500 FHs after the
effective date of this AD. Japan Airlines reasoned that the service
bulletin specifies to inspect ``before'' 500 FHs, while the NPRM
proposed to inspect ``within'' 500 FHs.
    The FAA agrees. The FAA revised Required Actions, paragraphs (g)(1)
and (2) of this AD to specify, ``before accumulating 500 engine FHs.''

Support for the AD

    ALPA expressed support for the NPRM as written.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    The FAA reviewed General Electric CF34-8C Alert SB 72-A0335 R02 and
General Electric CF34-8E Alert SB 72-A0221 R02, both dated February 25,
2020. The Alert SBs specify procedures for performing a BSI of the
combustion outer liner shell. These documents are distinct since they
apply to different engine models. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
ADDRESSES.

Interim Action

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

Costs of Compliance

    The FAA estimates that this AD affects 1,535 engines installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
BSI or visually inspect the combustion  3 work-hours x $85 per                $0            $255        $391,425
 outer liner shell.                      hour = $255.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The agency has no way of determining the number of engines
that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace the combustion outer liner shell......  812 work-hours x $85 per hour =          $80,000        $149,020
                                                 $69,020.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2021-18-13 General Electric Company: Amendment 39-21714; Docket No.
FAA-2019-0919; Project Identifier 2019-NE-24-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective October 22, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to General Electric Company (GE) CF34-8C1, CF34-
8C5, CF34-8C5A1, CF34-8C5B1, CF34-8C5A2, CF34-8C5A3, CF34-8E2, CF34-
8E2A1, CF34-8E5, CF34-8E5A1, CF34-8E5A2, CF34-8E6, and CF34-8E6A1
model turbofan engines with an outer shell combustion liner
(combustion outer liner shell), part number (P/N) 4124T04G04, P/N
4124T04G05, or P/N 5159T35G02, installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7240, Turbine Engine
Combustion Section.

(e) Unsafe Condition

    This AD was prompted by two in-flight engine shutdowns (IFSDs)
that occurred as a result of failures of the combustion outer liner
shell. The FAA is issuing this AD to prevent failure of the
combustion outer liner shell. The unsafe condition, if not
addressed, could result in burn-through of the low-pressure turbine
case, engine fire, and damage to the airplane.

(f) Compliance

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

(g) Required Actions

    (1) For an affected engine with a combustion outer liner shell
that on the effective date of this AD has accumulated 17,500 flight
hours (FHs) or greater time since new (TSN), or time since repair
(TSR), perform an initial borescope inspection (BSI) or visual
inspection of the combustion outer liner shell for cracks before
accumulating 500 engine FHs after the effective date of this AD.
    (i) For GE CF34-8C engines, inspect using the Accomplishment
Instructions, paragraphs 3.A.(4) and 3.A.(5), of GE CF34-8C Alert
Service Bulletin (SB) 72-A0335 R02, dated February 25, 2020 (CF34-8C
Alert SB 72-A0335).
    (ii) For GE CF34-8E engines, inspect using the Accomplishment
Instructions, paragraphs 3.A.(4) and 3.A.(5), of GE CF34-8E Alert SB
72-A0221 R02, dated February 25, 2020 (CF34-8E Alert SB 72-A0221).

    Note 1 to paragraph (g)(1): GE has identified the service
information as an ``Alert Service Bulletin,'' which is stated only
in the body of the Alert SB.

    (2) For an affected engine with a combustion outer liner shell
that on the effective date of this AD has accumulated 17,499 FHs or
fewer TSN or TSR, before accumulating 500 engine FHs after the
combustion outer liner shell has accumulated 17,500 FHs TSN or TSR,
perform an initial BSI or visual inspection on the combustion outer
liner shell for cracks.
    (i) For GE CF34-8C engines, inspect using the Accomplishment
Instructions, paragraphs 3.A.(4) and 3.A.(5), of CF34-8C Alert SB
72-A0335.
    (ii) For GE CF34-8E engines, inspect using the Accomplishment
Instructions paragraphs 3.A.(4) and 3.A.(5), of CF34-8E Alert SB 72-
A0221.
    (3) For an affected engine with a combustion outer liner shell
for which it is not possible to determine the TSN or TSR, use the
engine FHs since new to determine when to perform the initial BSI or
visual inspection.
    (4) After the effective date of this AD, and after the initial
inspection required by paragraph (g)(1) or (2) of this AD, re-
inspect or remove the combustion outer liner shell using inspection
criteria as follows:
    (i) For GE CF34-8C engines, use Table 1 of CF34-8C Alert SB 72-
A0335.
    (ii) For GE CF34-8E engines, use Table 1 of CF34-8E Alert SB 72-
A0221.

(h) Installation Prohibition

    After the effective date of this AD, do not install a combustion
outer liner shell with greater than 17,500 FHs TSN or TSR without
first inspecting the combustion outer liner shell in accordance with
paragraph (g)(1) of this AD.

(i) Definition

    For the purpose of this AD, ``time since repair (TSR)'' is the
amount of FHs accumulated on the combustion outer liner shell since
performing GEK 105091 or GEK 112031, 72-44-06, REPAIR 023.

(j) Credit for Previous Actions

    You may take credit for any initial BSI or visual inspection of
the combustion outer liner shell required by paragraphs (g)(1) and
(2) of this AD if you performed the initial BSI or visual inspection
before the effective date of this AD using:
    (1) GE CF34-8C-AL S/B 72-A0335, Original Issue, dated June 27,
2019;
    (2) GE CF34-8C Alert SB 72-A0335 R01, dated September 23, 2019;
    (3) GE CF34-8E-AL S/B 72-A0221, Original Issue, dated June 27,
2019; or
    (4) GE CF34-8E Alert SB 72-A0221 R01, dated September 23, 2019.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in Related Information. You may email your request to:
<EMAIL_ADDRESS>    (2) 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.

(l) Related Information

    For more information about this AD, contact Scott Stevenson,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) GE CF34-8C Alert Service Bulletin (SB) 72-A0335 R02, dated
February 25, 2020.
    (ii) GE CF34-8E Alert SB 72-A0221 R02, dated February 25, 2020.
    (3) For GE service information identified in this AD, contact
General Electric Company, GE Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (4) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 26, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-20042 Filed 9-16-21; 8:45 am]
BILLING CODE 4910-13-P