[Federal Register Volume 79, Number 44 (Thursday, March 6, 2014)]
[Notices]
[Pages 12702-12705]
[FR Doc No: 2014-04909]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2014-0002; Internal Agency Docket No. FEMA-B-1356]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before June 4, 2014.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location and the respective Community Map Repository address listed in
the tables below. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at www.msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1356, to
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance
and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium

rates for new buildings built after the FIRM and FIS report become
effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at http://floodsrp.org/pdfs/srp_fact_sheet.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location and
the respective Community Map Repository address listed in the tables.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
www.msc.fema.gov for comparison.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
           Stephenson County, Illinois, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
City of Freeport.......................  Freeport City Hall, 524 West
                                          Stephenson Street, Freeport,
                                          IL 61032.
Unincorporated Areas of Stephenson       Stephenson County Planning and
 County.                                  Zoning Department, 295 West
                                          Lamm Road, Freeport, IL 61032.
Village of Ridott......................  Ridott Village Hall, 200 East
                                          3rd Street, Ridott, IL 61067.
Village of Winslow.....................  Winslow Village Hall, 501
                                          School Street, Winslow, IL
                                          61089.
------------------------------------------------------------------------
             Whitley County, Indiana, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
City of Columbia City..................  Columbia City/Whitley County
                                          Joint Planning and Building
                                          Department, Whitley County
                                          Government Center, Suite 204,
                                          220 West Van Buren Street,
                                          Columbia City, IN 46725.
Town of South Whitley..................  Columbia City/Whitley County
                                          Joint Planning and Building
                                          Department, Whitley County
                                          Government Center, Suite 204,
                                          220 West Van Buren Street,
                                          Columbia City, IN 46725.
Unincorporated Areas of Whitley County.  Columbia City/Whitley County
                                          Joint Planning and Building
                                          Department, Whitley County
                                          Government Center, Suite 204,
                                          220 West Van Buren Street,
                                          Columbia City, IN 46725.
------------------------------------------------------------------------
               Jones County, Iowa, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
City of Monticello.....................  City Hall, 200 East 1st Street,
                                          Monticello, IA 52310.
Unincorporated Areas of Jones County...  Jones County Engineer's Office,
                                          19501 Highway 64, Anamosa, IA
                                          52205.
------------------------------------------------------------------------
              Ringgold County, Iowa, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
City of Benton.........................  Ringgold County Courthouse, 109
                                          West Madison Street, Mount
                                          Ayr, IA 50854.
City of Diagonal.......................  City Hall, 601 West Eight
                                          Street, Diagonal, IA 50854.
City of Maloy..........................  City Hall, 204 Carter Street,
                                          Maloy, IA 50836.
City of Mount Ayr......................  City Hall, 200 South Taylor
                                          Street, Mount Ayr, IA 50854.
City of Shannon City...................  City Hall, 302 Union Street,
                                          Shannon City, IA 50861.
Unincorporated Areas of Ringgold County  Ringgold County Courthouse, 109
                                          West Madison Street, Mount
                                          Ayr, IA 50854.
------------------------------------------------------------------------
            Suffolk County, Massachusetts (All Jurisdictions)
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
City of Boston.........................  City Hall, One City Hall
                                          Square, Boston, MA 02201.
City of Chelsea........................  City Hall, 500 Broadway,
                                          Chelsea, MA 02150.
City of Revere.........................  City Hall, 281 Broadway,
                                          Revere, MA 02151.
Town of Winthrop.......................  Town Hall, One Metcalf Square,
                                          Winthrop, MA 02152.
------------------------------------------------------------------------

               Allen County, Ohio, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
Unincorporated Areas of Allen County...  Allen County Courthouse, 301
                                          North Main Street, Lima, OH
                                          45801.
Village of Bluffton....................  Village Hall, 154 North Main
                                          Street, Bluffton, OH 45817.
Village of Lafayette...................  Village Hall, 225 East Sugar
                                          Street, Lima, OH 45801.
------------------------------------------------------------------------
              Licking County, Ohio, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
City of Heath..........................  Municipal Building, 1287 Hebron
                                          Road, Heath, OH 43056.
City of Newark.........................  City Hall, 40 West Main Street,
                                          Newark, OH 43055.
City of Pataskala......................  City Hall, 621 West Broad
                                          Street, Pataskala, OH 43062.
City of Reynoldsburg...................  City Hall, 7232 East Main
                                          Street, Reynoldsburg, OH
                                          43068.
Unincorporated Areas of Licking County.  The Donald D. Hill County
                                          Administration Building, 20
                                          South Second Street, Newark,
                                          OH 43055.
Village of Alexandria..................  Village Office, 4 West Main
                                          Street, Alexandria, OH 43001.
Village of Granville...................  Village Office, 141 East
                                          Broadway, Granville, OH 43023.
Village of Hanover.....................  Village Office, 200 New Home
                                          Drive NE, Newark, OH 43055.
Village of Hartford....................  Hartford Village Town Hall, 2
                                          North High Street, Croton, OH
                                          43013.
Village of Hebron......................  Village Office, 934 West Main
                                          Street, Hebron, OH 43025.
Village of Johnstown...................  Village Office, 599 South Main
                                          Street, Johnstown, OH 43031.
Village of Kirkersville................  Kirkersville Mayor's Office,
                                          135 North Fourth Street,
                                          Kirkersville, OH 43033.
Village of Utica.......................  Village Office, 39 Spring
                                          Street, Utica, OH 43080.
------------------------------------------------------------------------
               Marion County, Ohio, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
Unincorporated Areas of Marion County..  Marion County Building, 222
                                          West Center Street, Marion, OH
                                          43302.
Village of Waldo.......................  Village Hall, 102 North Marion
                                          Street, Waldo, OH 43356.
------------------------------------------------------------------------
             King County, Washington, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
City of Seattle........................  City Hall, 600 4th Avenue,
                                          Seattle, WA 98124.
------------------------------------------------------------------------
             Rock County, Wisconsin, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
City of Beloit.........................  City Hall, 100 State Street,
                                          Beloit, WI 53511.
City of Brodhead.......................  City Hall, 1111 West 2nd
                                          Avenue, Brodhead, WI 53520.
City of Edgerton.......................  City Hall, 12 Albion Street,
                                          Edgerton, WI 53534.
City of Evansville.....................  City Hall, 31 South Madison
                                          Street, Evansville, WI 53536.
City of Janesville.....................  City Hall, 18 North Jackson
                                          Street, Janesville, WI 53545.
City of Milton.........................  City Hall, 430 East High
                                          Street, Milton, WI 53563.
Unincorporated Areas of Rock County....  Rock County Courthouse, 51
                                          South Main Street, Janesville,
                                          WI 53545.
Village of Clinton.....................  Village Hall, 301 Cross Street,
                                          Clinton, WI 53525.
Village of Footville...................  Village Hall, 156 Depot Street,
                                          Footville, WI 53537.
------------------------------------------------------------------------
          Washington County, Wisconsin, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
City of Hartford.......................  City Hall, 109 North Main
                                          Street, Hartford, WI 53027.
Unincorporated Areas of Washington       Washington County Government
 County.                                  Center, 432 East Washington
                                          Street, West Bend, WI 53095.
Village of Richfield...................  Village Hall, 4128 Hubertus
                                          Road, Hubertus, WI 53033.
Village of Slinger.....................  Village Hall, 300 Slinger Road,
                                          Slinger, WI 53086.
------------------------------------------------------------------------
------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: January 31, 2014.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2014-04909 Filed 3-5-14; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Notices]
[Page 68883]
[FR Doc No: 2012-27852]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0067]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated July 25, 2012, the Peninsula Corridor Joint Powers Board (PCJPB
or Caltrain) has petitioned the Federal Railroad Administration (FRA)
for a waiver of compliance from certain provisions of the Federal
railroad safety regulations contained at 49 CFR part 215. FRA assigned
the petition Docket Number FRA-2012-0067.
    Caltrain seeks a waiver of compliance from the Railroad Freight Car
Safety Standards contained in 49 CFR 215.303-Stenciling of restricted
cars, which requires stenciling on restricted freight cars with a
clearly legible letter ``R'' followed by the basis of the restriction.
This request is made for two flat-straight deck cars (Car Numbers JPBX
711 and JPBX 712). Caltrain also requested a Special Approval to
continue in service the same cars in accordance with 49 CFR 215.203(c)-
Restricted cars. The ages of these cars are more than 50 years from
their original construction dates, and therefore, they are restricted
per 49 CFR 215.203(a), unless Caltrain receives a Special Approval from
FRA.
    Caltrain states that the purpose of this petition is to allow
Caltrain to operate the subject cars for transportation of decorations
during the annual Holiday Trains, which is a successful community
supported event. Caltrain stated that the principal business owner of
these two cars is PCJPB and the operator and maintainer is
TransitAmerica Services, Inc. Each car has been inspected and
determined to be safe for continued operation. These two cars were
built on August 1, 1953. The maximum speed is 50 mph. The territorial
limits are Caltrain Main Track 1 and 2 between
Milepost 0 and Milepost 52, as well as Caltrain yard tracks. These two
cars will not be interchanged.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate Docket Number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by December 31, 2012 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and 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 DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on November 8, 2012.
Brenda Moscoso,
Director, Office of Safety Analysis.
[FR Doc. 2012-27852 Filed 11-15-12; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Proposed Rules]
[Pages 30054-30055]
[FR Doc No: 2014-12177]

========================================================================
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. 79, No. 101 / Tuesday, May 27, 2014 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0294; Airspace Docket No. 14-ACE-2]

Proposed Amendment of Class D Airspace; Wichita, McConnell AFB,
KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class D airspace at Wichita,
McConnell AFB, KS. The closure of nearby Derby, Hamilton Field has
necessitated the need to amend Class D airspace at McConnell AFB. This
action would enhance the safety and management of aircraft operations
at the airport.

DATES: Comments must be received on or before July 11, 2014.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2014-0294/Airspace Docket No. 14-
ACE-2, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9:00 a.m. and
5:00 p.m., Monday through Friday, except Federal holidays. The Docket
Office, telephone 1-800-647-5527, is on the ground floor of the
building at the above address.

FOR FURTHER INFORMATION CONTACT: Raul Garza, Jr., Central Service
Center, Operations Support Group, Federal Aviation Administration,
Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone:
817-321-7654.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2014-0294/
Airspace Docket No. 14-ACE-2.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Central Service Center, 2601
Meacham Blvd., Fort Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by amending Class D airspace at McConnell AFB,
Wichita, KS. The closing of Derby, Hamilton Field, KS, has made this
action necessary. Accordingly, the segment of controlled airspace once
reserved for use at Derby, Hamilton Field, would revert to Class D
airspace for use at McConnell AFB, Wichita, KS.
    Class D airspace areas are published in Paragraph 5000 of FAA Order
7400.9X, dated August 7, 2013 and effective September 15, 2013, which
is incorporated by reference in 14 CFR 71.1. The Class D airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend controlled airspace at McConnell AFB, Wichita, KS.

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9X,
Airspace Designations and Reporting Points, dated August 7, 2013, and
effective September 15, 2013, is amended as follows:

Paragraph 5000 Class D Airspace areas extending upward from the
surface of the earth.
* * * * *

ACE KS D Wichita, McConnell AFB, KS [Amended]

Wichita McConnell AFB, KS
    (Lat. 37[deg]37'23'' N., long. 97[deg]16'03'' W.)

    That airspace extending upward from the surface to and including
3,900 feet MSL within a 4.5-mile radius of McConnell Air Force Base,
excluding that airspace within the Wichita Mid-Continent Airport,
KS, Class C airspace area.

    Issued in Fort Worth, TX, on May 15, 2014.
Kent M. Wheeler,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2014-12177 Filed 5-23-14; 8:45 am]
BILLING CODE 4901-14-P


[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Rules and Regulations]
[Page 4151]
[FR Doc No: 2017-00796]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 870

Cardiovascular Devices

CFR Correction

0
 In Title 21 of the Code of Federal Regulations, Parts 800 to 1299,
revised as of April 1, 2016, on page 371, Sec.  870.5800 is reinstated
to read as follows:

Sec.  870.5800   Compressible limb sleeve.

    (a) Identification. A compressible limb sleeve is a device that is
used to prevent pooling of blood in a limb by inflating periodically a
sleeve around the limb.
    (b) Classification. Class I (performance standards).

[FR Doc. 2017-00796 Filed 1-12-17; 8:45 am]
 BILLING CODE 1301-00-D


[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Rules and Regulations]
[Pages 48207-48209]
[FR Doc No: 2018-20346]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0414; Product Identifier 2017-NM-159-AD; Amendment
39-19417; AD 2018-19-17]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus SAS Model A300 series airplanes. This AD was prompted by a
revision of a certain airworthiness limitations item (ALI) document,
which specifies new or more restrictive instructions and airworthiness
limitations. This AD requires revising the maintenance or inspection
program, as applicable, to incorporate new or revised structural
inspection requirements. We are issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective October 29, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 29,
2018.

ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAW, Rond-Point Emile
Dewoitine No: 2, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 44 51; email [email protected];
internet http://www.airbus.com. You may view this service information
at the FAA, Transport Standards Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0414.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0414; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) 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: Dan Rodina, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Airbus SAS Model A300
series airplanes. The NPRM published in the Federal Register on May 25,
2018 (83 FR 24240). The NPRM was prompted by a revision of a certain
ALI document, which specifies new or more restrictive instructions and
airworthiness limitations. The NPRM proposed to require revising the
maintenance or inspection program, as applicable, to incorporate new or
revised structural inspection requirements.
    We are issuing this AD to address fatigue cracking, damage, and
corrosion in principal structural elements; such fatigue cracking,
damage, and corrosion could result in reduced structural integrity of
the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2017-0207, dated October 12, 2017 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus SAS Model A300 series
airplanes. The MCAI states:

    The airworthiness limitations for the Airbus A300 aeroplanes,
which are approved by EASA, are currently defined and published in
the Airbus A300 Airworthiness Limitations Section (ALS) documents.
The Damage Tolerant Airworthiness Limitation Items are specified in
the A300 ALS Part 2. These instructions have been identified as
mandatory for continuing airworthiness.
    Failure to accomplish these instructions could result in an
unsafe condition.
    EASA previously issued [EASA] AD 2015-0115 [which corresponds to
FAA AD 2017-04-05, Amendment 39-18800 (82 FR 11134, February 21,
2017) (``AD 2017-04-05'')] to require compliance with the
maintenance requirements and associated airworthiness limitations
defined in Airbus A300 ALS Part 2 Revision 02.
    Since that [EASA] AD was issued, new or more restrictive
maintenance requirements and airworthiness limitations were approved
by EASA. Consequently, Airbus published Revision 03 of the A300 ALS
Part 2, compiling all ALS Part 2 changes approved since previous
Revision 02.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2015-0115, which is superseded, and requires
accomplishment of the actions specified in Airbus A300 ALS Part 2
Revision 03.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0414.

Comments

    We gave the public the opportunity to participate in developing
this final rule. We have considered the comment received. Laney Azevedo
stated that he supports the NPRM.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this final rule as proposed, except for minor editorial changes. We
have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus SAS has issued Airbus A300 Airworthiness Limitations Section
(ALS), Part 2--Damage Tolerant Airworthiness Limitation Items (DT-ALI),
Revision 03, dated August 28, 2017. This service information describes
airworthiness limitations applicable to the DT-ALI. 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.

Costs of Compliance

    We estimate that this AD affects 6 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:
    We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although we
recognize that this number may vary from operator to operator. In the
past, we have estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), we

have determined that a per-operator estimate is more accurate than a
per-airplane estimate. Therefore, we estimate the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

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

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2018-19-17 Airbus SAS: Amendment 39-19417; Docket No. FAA-2018-0414;
Product Identifier 2017-NM-159-AD.

(a) Effective Date

    This AD is effective October 29, 2018.

(b) Affected ADs

    This AD affects AD 2017-04-05, Amendment 39-18800 (82 FR 11134,
February 21, 2017) (``AD 2017-04-05'').

(c) Applicability

    This AD applies to all Airbus SAS Model A300 B2-1A, B2-1C, B2K-
3C, B2-203, B4-2C, B4-103, and B4-203 airplanes, certificated in any
category.

(d) Subject

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

(e) Reason

    This AD was prompted by a revision of a certain airworthiness
limitations item (ALI) document, which specifies new or more
restrictive instructions and airworthiness limitations. We are
issuing this AD to address fatigue cracking, damage, and corrosion
in principal structural elements; such fatigue cracking, damage, and
corrosion could result in reduced structural integrity of the
airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
information specified in Airbus A300 Airworthiness Limitations
Section (ALS), Part 2--Damage Tolerant Airworthiness Limitation
Items (DT-ALI), Revision 03, dated August 28, 2017. The initial
compliance times for doing the tasks are at the applicable times
specified in Airbus A300 Airworthiness Limitations Section (ALS),
Part 2--Damage Tolerant Airworthiness Limitation Items (DT-ALI),
Revision 03, dated August 28, 2017, or within 90 days after the
effective date of this AD, whichever occurs later.

(h) No Alternative Actions or Intervals

    After accomplishment of the revision required by paragraph (g)
of this AD, no alternative actions (e.g., inspections) or intervals,
may be used unless the actions or intervals are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (j)(1) of this AD.

(i) Terminating Action

    Accomplishing the action in paragraph (g) of this AD terminates
the requirements of AD 2017-04-05.

(j) Other FAA AD Provisions

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

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2017-0207, dated October 12, 2017, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0414.
    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference

(IBR) of the service information listed in this paragraph under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus A300 Airworthiness Limitations Section (ALS), Part
2--Damage Tolerant Airworthiness Limitation Items (DT-ALI), Revision
03, dated August 28, 2017. The first page of this document does not
have a date.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, Rond-Point Emile Dewoitine
No: 2, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email [email protected]; internet
http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on September 10, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-20346 Filed 9-21-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: June 27, 2006 (Volume 71, Number 123)]
[Notices]
[Page 36596-36598]
[DOCID:fr27jn06-79]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 54017; File No. SR-Phlx-2006-38]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Extend a Pilot Concerning Priority in Trades Involving Synthetic Option
Orders

    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 8, 2006, the Philadelphia Stock Exchange, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Phlx. The Exchange
filed the proposed rule change pursuant to section 19(b)(3)(A) of the
Act \3\ and Rule 19b-4(f)(6) \4\ thereunder, which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-(f)(6).
---------------------------------------------------------------------------

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

    The Phlx proposes to extend for an additional one-year period a
pilot concerning Exchange Rule 1033(e), which affords priority to
synthetic option orders (as defined below) traded in an open-outcry
over bids and offers in the trading crowd but not over bids (offers) of
public customers on the limit order book and not over crowd
participants who are willing to participate in the synthetic option
order at the net debit or credit price. The rule applies to orders for
100 contracts or more and is subject to a pilot program scheduled to
expire on June 30, 2006. The Exchange proposes to extend the pilot
through June 30, 2007.
    The text of the proposed rule change is set forth below. Brackets
indicate deletions; italics indicate new text.
* * * * *

Bids and Offers--Premium

    Rule 1033. (a)-(d) No change.
    (e) Synthetic Option Orders. When a member holding a synthetic
option order, as defined in Rule 1066, and bidding or offering on the
basis of a total

credit or debit for the order has determined that the order may not be
executed by a combination of transactions at or within the bids and
offers established in the marketplace, then the order may be executed
as a synthetic option order at the total credit or debit with one other
member, provided that, the member executes the option leg at a better
price than the established bid or offer for that option contract, in
accordance with Rule 1014. Subject to a pilot expiring June 30,
200[6]7, synthetic option orders in open outcry, in which the option
component is for a size of 100 contracts or more, have priority over
bids (offers) of crowd participants who are bidding (offering) only for
the option component of the synthetic option order, but not over bids
(offers) of public customers on the limit order book, and not over
crowd participants that are willing to participate in the synthetic
option order at the net debit or credit price.
    (f)-(i) No change.
* * * * *

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

    In its filing with the Commission, the Phlx 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. The Phlx has prepared summaries, set forth in Sections
A, B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to extend for a one-year
period the pilot that facilitates the execution of an option order that
is represented in the crowd together with a stock component, known
under the Exchange's rules as a synthetic option order,\5\ which by
virture of the stock component may be difficult to execute without a
limited exception to current Exchange priority rules. The pilot was
originally adopted in July 2005 \6\ and was extended for an additional
six-month period, currently scheduled to expire June 30, 2006.\7\
---------------------------------------------------------------------------

    \5\ Exchange Rule 1066(g) defines a synthetic option order as an
order to buy or sell a stated number of option contracts and buy or
sell the underlying stock or Exchange-Traded Fund Share in an amount
that would offset (on a one-for-one basis) the option position. For
example;
    (1) Buy-write: An example of a buy-write is an order to sell one
call and buy 100 shares of the underlying stock or Exchange-Traded
Fund Share.
    (2) Synthetic put: An example of a synthetic put is an order to
buy one call and sell 100 shares of the underlying stock or
Exchange-Traded Fund Share.
    (3) Synthetic call: An example of a synthetic call is an order
to buy (or sell) one put and buy (or sell) 100 shares of the
underlying stock or Exchange-Traded Fund Share.
    \6\ See Securities Exchange Act Release No. 52140 (July 27,
2005), 70 FR 45481 (August 5, 2005) (SR-Phlx-2005-31).
    \7\ See Securities Exchange Act Release No. 53004 (December 22,
2005), 70 FR 72234 (December 29, 2005) (SR-Phlx-2005-78).
---------------------------------------------------------------------------

    Currently, Exchange Rule 1033(e) provides that, if an Exchange
member who is holding a synthetic option order and bidding or offering
on a net debit or credit basis determines that such synthetic option
order cannot be executed at the net debit or credit against the
established bids and offers in the crowd, the member bidding for or
offering the synthetic option on a net debit or credit basis may
execute the synthetic option order with one other crowd participant,
provided that the option portion of the synthetic option order is
executed at a price that is better than the established bid or offer
for the option. Thus, if the desired net debit or credit amount cannot
be achieved by way of executing against the established bids and offers
in the crowd, the member may elect to trade at the desired net debit or
credit amount with one other member, provided that there is price
improvement for the option component of the synthetic option order.
    Exchange Rule 1033(e) affords synthetic option orders priority over
bids (offers) of the trading crowd but not over bids (offers) of public
customers on the limit order book and not over crowd participants that
are willing to participate in the synthetic option order at the net
debit or credit price. The effect of Exchange Rule 1033(e) is that a
crowd participant bidding or offering for the synthetic option order
has priority over other crowd participants that are bidding or offering
only for the option component of the order. Exchange Rule 1033(e)
applies only to synthetic option orders of 100 contracts or more.
    In addition, Exchange Rule 1033(e) provides that members bidding
and offering for synthetic option orders of 100 contracts or more do
not have priority over bids (offers) of public customers on the limit
order book.\8\ Therefore, if members of the trading crowd wish to trade
a synthetic option order that is marketable against public customer
orders on the limit order book, public customers would have priority.
Multiple public customer orders at the same price are accorded priority
based on time.
---------------------------------------------------------------------------

    \8\ See Exchange Rule 1080, Commentary .02.
---------------------------------------------------------------------------

    The Exchange believes that the pilot, which provides a limited
exception to the Exchange's priority rules only respecting controlled
accounts \9\ competing at the same price, should enable Floor Brokers
representing synthetic option orders to provide best executions to
customers placing such orders and should enable the Exchange to provide
liquid markets and compete for order flow in such orders.
---------------------------------------------------------------------------

    \9\ A controlled account includes any account controlled by or
under common control with a broker-dealer. Customer accounts are all
other accounts. Orders of controlled accounts are required to yield
priority to customer orders when competing at the same price. Orders
of controlled accounts generally are not required to yield priority
to other controlled account orders. See Exchange Rule 1014(g)(i)(A).
---------------------------------------------------------------------------

    As stated above, the pilot applies only to synthetic option orders
in which the option component is for a size of 100 contracts or more
that are represented in the trading crowd in open outcry and would be
subject to a pilot program through June 30, 2007.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with section
6(b) of the Act \10\ in general, and furthers the objectives of section
6(b)(5) of the Act \11\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest, by adopting a limited exception to the Exchange's priority
rules concerning synthetic option orders.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest, it has become
effective pursuant to section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\ At any time within 60 days of the filing of the
proposed rule change, the Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    The Exchange requests that the Commission waive the 5-day pre-
filing period and 30-day operative period under Rule 19b-(f)(6)(iii)
\14\ in order to ensure the continuity of the pilot. The Commission has
waived the 5-day pre-filing requirement for this proposed rule change.
In addition, the Commission believes that it is consistent with the
protection of investors and the public interest to waive the 30-day
operative delay. \15\ The Commission believes that the waiver of the
30-day operative delay will allow the Exchange to continue, without
interruption, the existing operation of its pilot until June 30, 2007.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For purposes only of waiving the 30-day operative delay of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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-Phlx-2006-38 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2006-38. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Phlx. 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-Phlx-2006-38 and should be submitted on or before July
18, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 06-5679 Filed 6-26-06; 8:45 am]

BILLING CODE 8010-01-M


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[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)]
[Rules and Regulations]
[Pages 11319-11321]
[FR Doc No: 2015-04366]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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

Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-0441; Special Conditions No. 25-577-SC]

Special Conditions: Cessna Aircraft Company, Model 650, Citation
VII Airplane; As Modified by Universal Avionics Systems Corporation;
Installed Rechargeable Lithium Batteries and Battery Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for the Cessna Aircraft
Company, Model 650, Citation VII Airplane. This airplane as modified by
Universal Avionics Systems Corporation will have a novel or unusual
design feature when compared to the state of technology envisioned in
the airworthiness standards for transport category airplanes. This
design feature is for the installation of Universal Avionics
InSightTM Electronic Flight Instrument System (EFIS), Engine
Interface Units (EIU), UNS-1Fw Wide Area Augmentation System (WAAS)
Flight Management System (FMS), and Terrain Awareness and Warning
System (TAWS) Class A, which will use rechargeable lithium batteries
and battery systems. The applicable airworthiness regulations do not
contain adequate or appropriate safety standards for this design
feature. These special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.

DATES: This action is effective on Cessna Aircraft Company on March 3,
2015. We must receive your comments by April 17, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-0441
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, FAA, Airplane and
Flightcrew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions is
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
aircraft. In addition, the substance of these special conditions has
been subject to the public comment process in several prior instances
with no substantive comments received. The FAA therefore finds that
good cause exists for making these special conditions effective upon
publication in the Federal Register.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On January 13, 2014, Universal Avionics Systems Corporation applied
for a supplemental type certificate (STC) for the installation of
Universal Avionics InSightTM EFIS, EIU, UNS-1Fw WAAS FMS,
and TAWS Class A, which will use rechargeable lithium batteries and
battery systems. The Cessna, Model 650, Citation VII is a pressurized,
two-crew, seven-passenger, low wing transport with two aft mounted
turbo-fan engines.
    Rechargeable lithium batteries are a novel or unusual design
feature in transport category airplanes. This type of battery has
certain failure, operational, and maintenance characteristics that
differ significantly from those of the nickel-cadmium and lead-acid
rechargeable batteries currently approved for installation on transport
category airplanes.

Type Certification Basis

    Under the provisions of Sec.  21.101, Universal Avionics Systems
Corporation must show that the Cessna, Model 650, Citation VII, as
changed, continues to meet the applicable provisions of the regulations
listed in Type Certificate No. A9NM or the applicable regulations in
effect on the date of application for the change except for earlier
amendments as

agreed upon by the FAA. The regulations listed in the type certificate
are commonly referred to as the ``original type-certification basis.''
    In addition, if the regulations listed do not provide adequate
standards regarding the change, the applicant must comply with certain
regulations in effect on the date of application for the change.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Cessna, Model 650, Citation VII
airplane because of a novel or unusual design feature, special
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate (STC) to modify any other model included on the same type
certificate to incorporate the same or similar novel or unusual design
feature, these special conditions would also apply to the other model
under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Cessna, Model 650, Citation VII must comply with the
fuel vent and exhaust emission requirements of 14 CFR part 34 and the
noise certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Cessna, Model 650, Citation VII will incorporate the following
novel or unusual design feature: The installation of a Universal
Avionics InSightTM EFIS, EIU, UNS-1Fw WAAS FMS, and TAWS
Class A, which will use rechargeable lithium batteries and battery
systems.

Discussion

    The current regulations governing installation of batteries in
large transport-category airplanes were derived from Civil Air
Regulations (CAR) part 4b.625(d) as part of the re-codification of CAR
4b that established 14 CFR part 25 in February 1965. The new battery
requirements, Sec.  25.1353(c)(1) through (c)(4), reworded the CAR
requirements.
    Increased use of nickel-cadmium batteries in small airplanes
resulted in increased incidents of battery fires and failures that led
to additional rulemaking affecting large transport category airplanes
as well as small airplanes. On September 1, 1977 and March 1, 1978, the
FAA issued Sec.  25.1353(c)(5) and (c)(6), respectively, governing
nickel-cadmium battery installations on large transport-category
airplanes.
    The proposed use of rechargeable lithium batteries for equipment
and systems prompted the FAA to review the adequacy of these existing
regulations. Our review indicates that the existing regulations do not
adequately address several failure, operational, and maintenance
characteristics of rechargeable lithium batteries that could affect the
safety and reliability of the Cessna, Model 650, Citation VII airplane
lithium battery installations.
    At present, there is limited experience with the use of
rechargeable lithium batteries and battery systems in applications
involving commercial aviation. However, other users of this technology,
ranging from wireless telephone manufacturers to the electric-vehicle
industry, have noted safety problems with rechargeable lithium
batteries. These problems include overcharging, over-discharging, and
flammability of cell components.

1. Overcharging

    In general, lithium batteries are significantly more susceptible to
internal failures that can result in self-sustaining increases in
temperature and pressure (i.e., thermal runaway) than their nickel-
cadmium or lead-acid counterparts. This condition is especially true
for overcharging, which causes heating and destabilization of the
components of the cell, leading to the formation (by plating) of highly
unstable metallic lithium. The metallic lithium can ignite, resulting
in a self-sustaining fire or explosion. Finally, the severity of
thermal runaway, due to overcharging, increases with increasing battery
capacity due to the higher amount of electrolyte in large batteries.

2. Over-Discharging

    Discharge of some types of lithium battery cells beyond a certain
voltage (typically 2.4 volts), can cause corrosion of the electrodes of
the cell, resulting in loss of battery capacity that cannot be reversed
by recharging. This loss of capacity may not be detected by the simple
voltage measurements commonly available to flightcrews as a means of
checking battery status--a problem shared with nickel-cadmium
batteries.

3. Flammability of Cell Components

    Unlike nickel-cadmium and lead-acid batteries, some types of
lithium batteries use liquid electrolytes that are flammable. The
electrolyte can serve as a source of fuel for an external fire, if
there is a breach of the battery container.
    These problems experienced by users of lithium batteries raise
concern about the use of these batteries in commercial aviation. The
intent of the special conditions are to establish appropriate
airworthiness standards for lithium battery installations in the
Cessna, Model 650, Citation VII airplane and to ensure, as required by
Sec. Sec.  25.1309 and 25.601, that these batteries are not hazardous
or unreliable.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
Cessna, Model 650, Citation VII airplane. Should Universal Avionics
Systems Corporation apply at a later date for a supplemental type
certificate to modify any other model included on Type Certificate No.
A9NM to incorporate the same or similar novel or unusual design
feature, these special conditions would apply to that model as well.

Conclusion

    This action affects only a certain novel or unusual design feature
on one airplane model. It is not a rule of general applicability and
affects only the applicant who applied to the FAA for approval of this
feature on the airplane.
    The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, because a delay would
significantly affect the certification of the airplane, which is
imminent, the FAA has determined that prior public notice and comment
are unnecessary and impracticable, and good cause exists for adopting
these special conditions upon publication in the Federal Register. The
FAA is requesting comments to allow interested persons to submit views
that may not have been submitted in response to the prior opportunities
for comment described above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Cessna, Model 650, Citation VII
airplanes modified by Universal Avionics Systems Corporation.

Installed Rechargeable Lithium Batteries and Battery Systems.

    These special conditions require that (1) all characteristics of
the rechargeable lithium batteries and battery installation that could
affect safe operation of the Cessna, Model 650, Citation VII airplanes
are addressed; and (2) appropriate instructions for continued
airworthiness, which include maintenance requirements, are established
to ensure the availability of electrical power, when needed, from the
batteries.
    In lieu of the requirements of Title 14, Code of Federal
Regulations (14 CFR) 25.1353(b)(1) through (b)(4) at amendment 25-123,
all rechargeable lithium batteries and battery systems on Cessna, Model
650, Citation VII airplanes, modified by Universal Avionics Systems
Corporation, must be designed and installed as follows:
    1. Safe cell temperatures and pressures must be maintained during
any foreseeable charging or discharging condition and during any
failure of the charging or battery monitoring system not shown to be
extremely remote. The rechargeable lithium battery installation must
preclude explosion in the event of those failures.
    2. Design of the rechargeable lithium batteries must preclude the
occurrence of self-sustaining, uncontrolled increases in temperature or
pressure.
    3. No explosive or toxic gases emitted by any rechargeable lithium
battery in normal operation, or as the result of any failure of the
battery charging system, monitoring system, or battery installation
which is not shown to be extremely remote, may accumulate in hazardous
quantities within the airplane.
    4. Installations of rechargeable lithium batteries must meet the
requirements of Sec.  25.863(a) through (d).
    5. No corrosive fluids or gases that may escape from any
rechargeable lithium battery may damage surrounding structure or any
adjacent systems, equipment, or electrical wiring of the airplane in
such a way as to cause a major or more severe failure condition, in
accordance with Sec.  25.1309(b) and applicable regulatory guidance.
    6. Each rechargeable lithium battery installation must have
provisions to prevent any hazardous effect on structure or essential
systems caused by the maximum amount of heat the battery can generate
during a short circuit of the battery or of its individual cells.
    7. Rechargeable lithium battery installations must have a system to
control the charging rate of the battery automatically, so as to
prevent battery overheating or overcharging, and:
    a. A battery temperature sensing and over-temperature warning
system with a means for automatically disconnecting the battery from
its charging source in the event of an over-temperature condition, or,
    b. A battery failure sensing and warning system with a means for
automatically disconnecting the battery from its charging source in the
event of battery failure.
    8. Any rechargeable lithium battery installation, the function of
which is required for safe operation of the airplane, must incorporate
a monitoring and warning feature that will provide an indication to the
appropriate flight crewmembers whenever the state-of-charge of the
batteries has fallen below levels considered acceptable for dispatch of
the airplane.
    9. The instructions for continued airworthiness required by Sec.
25.1529 must contain maintenance requirements to assure that the
battery is sufficiently charged at appropriate intervals specified by
the battery manufacturer and the equipment manufacturer that contain
the rechargeable lithium battery or rechargeable lithium battery
system. This is required to ensure that lithium rechargeable batteries
and lithium rechargeable battery systems will not degrade below
specified ampere-hour levels sufficient to power the airplane systems
for intended applications. The instructions for continued airworthiness
must also contain procedures for the maintenance of batteries in spares
storage to prevent the replacement of batteries with batteries that
have experienced degraded charge retention ability or other damage due
to prolonged storage at a low state of charge. Replacement batteries
must be of the same manufacturer and part number as approved by the
FAA. Precautions should be included in the instructions for continued
airworthiness maintenance instructions to prevent mishandling of the
rechargeable lithium battery and rechargeable lithium battery systems,
which could result in short-circuit or other unintentional impact
damage caused by dropping or other destructive means that could result
in personal injury or property damage.
    Note 1: The term ``sufficiently charged'' means that the battery
will retain enough of a charge, expressed in ampere-hours, to ensure
that the battery cells will not be damaged. A battery cell may be
damaged by lowering the charge below a point where the battery
experiences a reduction in the ability to charge and retain a full
charge. This reduction would be greater than the reduction that may
result from normal operational degradation.
    Note 2: These special conditions are not intended to replace Sec.
25.1353(b) in the certification basis of Cessna, Model 650, Citation
VII airplanes. These special conditions apply only to rechargeable
lithium batteries, lithium battery systems, and their installations.
The requirements of Sec.  25.1353(b) remain in effect for batteries and
battery installations on Cessna, Model 650, Citation VII airplanes that
do not use lithium batteries.

    Issued in Renton, Washington, on February 23, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-04366 Filed 3-2-15; 8:45 am]
BILLING CODE 4910-13-P