[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Proposed Rules]
[Pages 62477-62479]
[FR Doc No: 2023-19549]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1786; Airspace Docket No. 23-AGL-22]
RIN 2120-AA66

Amendment of Class E Airspace; Roseau, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class E airspace at Roseau,
MN. The FAA is proposing this action as the result of an airspace
review due to the decommissioning of the Roseau very high frequency
omnidirectional range (VOR) as part of the VOR Minimum Operating
Network (MON) Program. The name and geographic coordinates of the
airport would also be updated to coincide with the FAA's aeronautical
database.

DATES: Comments must be received on or before October 27, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-1786 and
Airspace Docket No. 23-AGL-22 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instruction for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 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>.
    Docket: Background documents or comments received may be read at
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.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/
air_traffic/

publications/. You may also contact the Rules and Regulations Group,
Office of Policy, Federal Aviation Administration, 800 Independence
Avenue SW, Washington DC 20591; telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; 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 would amend the Class E airspace extending upward from 700 feet
above the surface at Roseau Municipal Airport/Rudy Billberg Field,
Roseau, MN, to support instrument flight rule (IFR) operations at this
airport.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it received on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or dely. The FAA may change this proposal in light of
the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT post these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov as described in the system
of records notice (DOT/ALL-14FDMS), which can be reviewed at
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/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 the ADDRESSES section for the address, phone number, and
hours of operations). An informal docket may also be examined during
normal business hours at the Federal Aviation Administration, Air
Traffic Organization, Central Service Center, Operations Support Group,
10101 Hillwood Parkway, Fort Worth, TX 76177.

Incorporation by Reference

    Class E airspace is published in paragraph 6005 of FAA Order JO
7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document proposes to amend the current version of that order, FAA Order
JO 7400.11G, dated August 19, 2022, and effective September 15, 2022.
These updates would be published subsequently in the next update to FAA
Order JO 7400.11. That order is publicly available as listed in the
ADDRESSES section of this document.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Proposal

    The FAA is proposing to amend 14 CFR part 71 by modifying the Class
E airspace extending upward from 700 feet above the surface to within a
6.5-mile (decreased from a 7-mile) radius of Roseau Municipal Airport/
Rudy Billberg Field, Roseau, MN; and updating the name (previously
Roseau Municipal Airport) and geographic coordinates of the airport to
coincide with the FAA's aeronautical database.
    This action is the result of an airspace review due to the
decommissioning of the Roseau VOR, which provided navigation
information to this airport, as part of the VOR MON Program, and to
support IFR operations at this airport.

Regulatory Notices and Analyses

    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 proposed 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.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``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 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

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

* * * * *

AGL MN E5 Roseau, MN [Amended]

Roseau Municipal Airport/Rudy Billberg Field, MN
    (Lat 48[deg]51'23'' N, long 95[deg]41'49'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Roseau Municipal Airport/Rudy Billberg
Field.
* * * * *

    Issued in Fort Worth, Texas, on September 6, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-19549 Filed 9-11-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 38 (Monday, February 26, 2018)]
[Proposed Rules]
[Pages 8201-8207]
[FR Doc No: 2018-03599]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0113; Product Identifier 2017-NM-060-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2016-12-
09, for certain Airbus Model A330-200, -200 Freighter, and -300 series
airplanes; and Model A340-200 and -300 series airplanes. AD 2016-12-09
requires removing fasteners, doing a rototest inspection of fastener
holes, installing new fasteners, oversizing the holes and doing
rototest inspections for cracks if necessary, and repairing any
cracking that was found. Since we issued AD 2016-12-09, an evaluation
by the design approval holder (DAH) indicates that certain fastener
holes are subject to widespread fatigue damage (WFD). This proposed AD
would add airplanes to the effectivity, add repetitive inspections of
the fastener holes at frame (FR) 40, and, for certain airplanes,
require a modification, which terminates the inspections. We are
proposing this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by April 12, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus
SAS, Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93
45 80; email: [email protected]; internet: http://www.airbus.com. You may view this referenced 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.

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-
0113; 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
Operations office (telephone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2018-0113;
Product Identifier 2017-NM-060-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 based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We

will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Fatigue damage can occur locally, in small areas or structural
design details, or globally, in widespread areas. Multiple-site damage
is widespread damage that occurs in a large structural element such as
a single rivet line of a lap splice joining two large skin panels.
Widespread damage can also occur in multiple elements such as adjacent
frames or stringers. Multiple-site damage and multiple-element damage
cracks are typically too small initially to be reliably detected with
normal inspection methods. Without intervention, these cracks will
grow, and eventually compromise the structural integrity of the
airplane. This condition is known as WFD. It is associated with general
degradation of large areas of structure with similar structural details
and stress levels. As an airplane ages, WFD will likely occur, and will
certainly occur if the airplane is operated long enough without any
intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that DAHs
establish a limit of validity (LOV) of the engineering data that
support the structural maintenance program. Operators affected by the
WFD rule may not fly an airplane beyond its LOV, unless an extended LOV
is approved.
    The WFD rule does not require identifying and developing
maintenance actions if the DAHs can show that such actions are not
necessary to prevent WFD before the airplane reaches the LOV. Many
LOVs, however, do depend on accomplishment of future maintenance
actions. As stated in the WFD rule, any maintenance actions necessary
to reach the LOV will be mandated by airworthiness directives through
separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
    We issued AD 2016-12-09, Amendment 39-18558 (81 FR 38573, June 14,
2016) (``AD 2016-12-09''), for certain Airbus Model A330-200, -200
Freighter, and -300 series airplanes, and Model A340-200 and -300
series airplanes. AD 2016-12-09 was prompted by reports that cracks
were found on an adjacent hole of certain frames of the center wing box
(CWB). AD 2016-12-09 requires removing fasteners, doing a rototest
inspection of fastener holes, installing new fasteners, oversizing the
holes and doing rototest inspections for cracks if necessary, and
repairing any cracking that was found. We issued AD 2016-12-09 to
detect and correct cracking on certain holes of the CWB, which could
affect the structural integrity of the airplane.

Actions Since AD 2016-12-09 Was Issued

    Since we issued AD 2016-12-09, an evaluation by the DAH indicates
that the fastener holes at FR40 of the inside and outside CWB (above
and below bottom skin) are subject to WFD.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2017-0069, dated April 25, 2017 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Airbus Model A330-200, -200
Freighter, and -300 series airplanes, and Model A340-200 and -300
series airplanes. The MCAI states:

    During accomplishment of A330 Airworthiness Limitation Item
(ALI) task 57-11-04 on the rear fitting of the Frame (FR) 40 between
stringers (STR) 38 and STR39 on both LH [left-hand] and RH [right-
hand] sides of the fuselage, cracks were found on an adjacent hole.
After reaming at second oversize of the subject hole, the crack was
still present. As a result of a sampling inspection program,
additional crack findings were reported on this adjacent hole on
other A330 and A340 aeroplanes.
    This condition, if not detected and corrected, could affect the
structural integrity of the centre fuselage of the aeroplane.
    Prompted by these findings, EASA issued AD 2014-0149 [which
corresponds to FAA AD 2016-12-09] to require removal of the
fasteners and repetitive Special Detailed Inspection (SDI) of
fastener holes at FR40 vertical web above or below Centre Wing Box
(CWB) lower panel reference on both LH and RH sides of the fuselage,
and, depending on findings, accomplishment of the applicable
corrective actions. That [EASA] AD excluded certain aeroplanes from
the Applicability, on which Airbus modification (mod) 55792 or mod
55306 had been embodied in production.
    Since EASA AD 2014-0149 was issued, prompted by complementary
fatigue analyses correlated with in-service findings, Airbus
published Service Bulletin (SB) A330-57-3115 Revision 01 and SB
A340-57-4124 Revision 02, which introduced revised thresholds and
intervals for the repetitive inspections of the inside CWB (above
bottom skin), and an alleviation of the number of holes to be
inspected, for post-mod 44360 and pre-mod 55306 configuration
aeroplanes.
    In addition, for aeroplanes in post-mod 44360, post-mod 55306
and pre-mod 205225 configuration, Airbus developed mod 206051,
introducing reinforcement of the structural integrity of the inside
CWB (above bottom skin) area, and published associated Airbus SB
A330-57-3129 and SB A340-57-4136, as applicable, which avoids the
need for required repetitive inspections for the inside of the CWB.
    Finally, Airbus published SB A330-57-3116 Revision 01 and SB
A330-57-4125 Revision 01, as applicable, to expand their Effectivity
to include aeroplanes in post-mod 44360 and post-mod 49202
configuration for inspections of the outside CWB (below bottom
skin), and introduced revised thresholds and intervals for the
repetitive inspections of the outside CWB, and to provide an
alleviation of the number of holes to be inspected. The repetitive
inspection program for aeroplanes in pre-mod 44360 configuration
remains unchanged.
    For the reasons described above, this [EASA] AD partially
retains the requirements of EASA AD 2014-0149, which is superseded,
and requires new repetitive inspections of the fastener holes at
FR40 of the inside and the outside CWB (above and below bottom
skin), and the implementation of the modification of the inside CWB,
as terminating action of the repetitive SDI.

    Required actions also include oversizing certain holes, installing
new fasteners, and repairing any cracking that is found.
    The compliance times for the inspections range depending on
airplane operation and utilization. The earliest initial flight-cycle
compliance time is 13,500 flight cycles. The earliest initial flight-
hour compliance time is 57,000 flight hours. The latest initial flight-
cycle compliance time is 30,900 flight cycles. The latest initial
flight-hour compliance time is 162,000 flight hours. The earliest
repetitive flight-cycle compliance time is 5,950 flight cycles. The
earliest repetitive flight-hour compliance time is 24,300 flight hours.
The latest repetitive flight-cycle compliance time is 7,400 flight
cycles. The latest repetitive flight-hour compliance time is 40,400
flight hours. 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-2018-0113.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information. This service
information describes procedures for removing the fasteners and doing a
repetitive rototest inspection of fastener holes at FR40 vertical web
on both sides, checking for the existence of a repair done as specified
by a repair design approval sheet (RDAS), installing new fasteners in
transition fit, oversizing the holes, and repairing any crack found.
This service information is distinct because it applies to different
airplane models and configurations.
     Airbus Service Bulletin A330-57-3114, Revision 01, dated
January 13, 2017.
     Airbus Service Bulletin A330-57-3115, Revision 01,
including Appendices 01 and 02, dated November 23, 2016.
     Airbus Service Bulletin A330-57-3116, Revision 01,
including Appendices 01 and 02, dated November 23, 2016.
     Airbus Service Bulletin A340-57-4123, Revision 01, dated
January 13, 2017.
     Airbus Service Bulletin A340-57-4124, Revision 02,
including Appendices 01 and 02, dated November 23, 2016.
     Airbus Service Bulletin A340-57-4125, Revision 01,
including Appendices 01 and 02, dated November 23, 2016.
    Airbus has also issued the following service information. This
service information describes procedures for modification of certain
fastener holes. The modification includes a rotating probe inspection
for cracking, related investigative actions (checks of the hole
diameter), and corrective actions (repair). This service information is
distinct because it applies to different airplane models and
configurations.
     Airbus Service Bulletin A330-57-3129, dated October 5,
2016.
     Airbus Service Bulletin A330-57-3130, dated November 23,
2016.
     Airbus Service Bulletin A330-57-3131, dated November 23,
2016.
     Airbus Service Bulletin A330-57-3132, including Appendices
01 and 02, dated November 23, 2016.
     Airbus Service Bulletin A340-57-4136, dated October 5,
2016.
     Airbus Service Bulletin A340-57-4137, dated November 23,
2016.
     Airbus Service Bulletin A340-57-4138, dated November 23,
2016.
     Airbus Service Bulletin A340-57-4139, including Appendices
01 and 02, dated November 23, 2016.
    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.

FAA's Determination and Requirements of This Proposed AD

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

Explanation of a Certain Compliance Time

    The compliance time for the replacement specified in this proposed
AD for addressing WFD was established to ensure that discrepant
structure is replaced before WFD develops in airplanes. Standard
inspection techniques cannot be relied on to detect WFD before it
becomes a hazard to flight. We will not grant any extensions of the
compliance time to complete any AD-mandated service bulletin related to
WFD without extensive new data that would substantiate and clearly
warrant such an extension.

Costs of Compliance

    We estimate that this proposed AD affects 99 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
            Action                    Labor cost             Parts cost       Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Inspection (retained actions    78 work-hours x $85     $0..................  $6,630 per        $232,050 per
 from AD 2016-12-09) (35         per hour = $6,630 per                         inspection        inspection
 airplanes).                     inspection cycle.                             cycle.            cycle.
Inspection (new proposed        Up to 257 work-hours x  $0..................  Up to $21,845     Up to $2,162,655
 action) (99 airplanes).         $85 per hour =                                per inspection    per inspection
                                 $21,845 per                                   cycle.            cycle.
                                 inspection cycle.
Modification (new proposed      Up to 136 work-hours x  Up to $1,070........  Up to $12,630...  Up to
 action) (Up to 99 airplanes).   $85 per hour =                                                  $1,250,370.
                                 $11,560.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary on-condition
actions that would be required based on the results of the proposed
inspection. We have no way of determining the number of aircraft that
might need these actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                     Labor cost               Parts cost              Cost per product
---------------------------------------------------------------------------------------------------------------
Oversize, installation, and         Up to 105 work-hours  Up to $21,560............  Up to $30,485............
 inspection.                         x $85 per hour =
                                     $8,925.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition repairs specified in this proposed
AD.

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 proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

Regulatory Findings

    We determined that this 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 removing Airworthiness Directive (AD)
2016-12-09, Amendment 39-18558 (81 FR 38573, June 14, 2016), and adding
the following new AD:

Airbus: Docket No. FAA-2018-0113; Product Identifier 2017-NM-060-AD.

(a) Comments Due Date

    We must receive comments by April 12, 2018.

(b) Affected ADs

    This AD replaces AD 2016-12-09, Amendment 39-18558 (81 FR 38573,
June 14, 2016) (``AD 2016-12-09'').

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1) through (c)(5) of this AD, certificated in any category, all
manufacturer serial numbers, except those on which Airbus Repair
Instructions R57115092 have been embodied in service on both right-
hand (RH) and left-hand (LH) sides.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
    (4) Model A340-211, -212, and -213 airplanes.
    (5) Model A340-311, -312, and -313 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by reports that cracks were found on an
adjacent hole of certain frames of the center wing box (CWB). We are
issuing this AD to detect and correct cracking of certain holes of
certain frames of the CWB, which could affect the structural
integrity of the airplane.

(f) Compliance

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

(g) Service Information

    (1) For the actions required by paragraphs (h), (i), and (j) of
this AD, use the applicable service information specified in
paragraphs (g)(1)(i) through (g)(1)(vi) of this AD.
    (i) Airbus Service Bulletin A330-57-3114, Revision 01, dated
January 13, 2017 (CWB inspection area: Below) (for Model A330-300
series airplanes in pre-modification 44360 configuration).
    (ii) Airbus Service Bulletin A330-57-3115, Revision 01,
including Appendices 01 and 02, dated November 23, 2016 (CWB
inspection area: Above) (for Model A330-200 and -300 series
airplanes in pre-modification 55306 and pre-modification 55792
configuration).
    (iii) Airbus Service Bulletin A330-57-3116, Revision 01,
including Appendices 01 and 02, dated November 23, 2016 (CWB
inspection area: Below) (for Model A330-200 and -300 series
airplanes in post-modification 44360 configuration).
    (iv) Airbus Service Bulletin A340-57-4123, Revision 01, dated
January 13, 2017 (CWB inspection area: Below) (for Model A340-200
and -300 series airplanes in pre-modification 44360 configuration).
    (v) Airbus Service Bulletin A340-57-4124, Revision 02, including
Appendices 01 and 02, dated November 23, 2016 (CWB inspection area:
Above) (for Model A340-200 and -300 series airplanes in pre-
modification 55306 and pre-modification 55792 configuration).
    (vi) Airbus Service Bulletin A340-57-4125, Revision 01,
including Appendices 01 and 02, dated November 23, 2016 (CWB
inspection area: Below) (for Model A340-200 and -300 series
airplanes in post-modification 44360 configuration).
    (2) For the modification required by paragraph (o)(1) of this
AD, use the applicable service information specified in paragraphs
(g)(2)(i) through (g)(2)(vi) of this AD.
    (i) Airbus Service Bulletin A330-57-3130, dated November 23,
2016 (for Model A330-200 and -300 series airplanes in post-
modification 44360, post-Airbus Service Bulletin A330-57-3131, and
pre-modification 49202 configuration).
    (ii) Airbus Service Bulletin A330-57-3131, dated November 23,
2016 (for Model A330-200 and -300 series airplanes in post-
modification 44360 and pre-modification 55306 configuration).
    (iii) Airbus Service Bulletin A330-57-3132, including Appendices
01 and 02, dated November 23, 2016 (for Model A330-200 and -300
series airplanes in post-modification 44360 configuration).
    (iv) Airbus Service Bulletin A340-57-4137, dated November 23,
2016 (for Model A340-200 and -300 series airplanes in post-
modification 44360, post-Airbus Service Bulletin A340-57-4138, and
pre-modification 49202 configuration).
    (v) Airbus Service Bulletin A340-57-4138, dated November 23,
2016 (for Model A340-200 and -300 series airplanes in post-
modification 44360 and pre-modification 55306 configuration).
    (vi) Airbus Service Bulletin A340-57-4139, including Appendices
01 and 02, dated November 23, 2016 (for Model A340-200 and -300
series airplanes in post-modification 44360 configuration).

(h) Repetitive Inspections and Certain Repairs

    Except as specified in paragraphs (l)(2), (l)(3), (p) of this
AD: Before exceeding the applicable threshold specified in paragraph
1.E., ``Compliance'' of the applicable service information specified
in paragraph (g)(1) of this AD, or within the compliance time
specified in table 1 to paragraph (h) of this AD, whichever occurs
later; remove the fasteners and accomplish a special detailed
inspection (SDI) of the fastener holes at frame (FR) 40 vertical
web, on both LH and RH sides, of the affected CWB lower panel area,
and, as applicable, check for the existence of a repair done as
specified by a repair design approval sheet (RDAS), in accordance
with the Accomplishment Instructions of the

applicable service information specified in paragraph (g)(1) of this
AD, and if any RDAS repair is found before further flight, repair
using a method approved by the Manager, International Section,
Transport Standards Branch, FAA; or the European Aviation Safety
Agency (EASA); or Airbus's EASA Design Organization Approval (DOA).
If approved by the DOA, the approval must include the DOA-authorized
signature. Repeat the SDI thereafter at the applicable intervals
specified in paragraph 1.E., ``Compliance,'' of the applicable
service information identified in paragraph (g)(1) of this AD.
[GRAPHIC] [TIFF OMITTED] TP26FE18.000

(i) Follow-On Actions: No Cracking

    If no crack is found during any inspection required by paragraph
(h) of this AD: Before further flight, install new fasteners in the
transition fit, in accordance with the Accomplishment Instructions
of the applicable service information specified in paragraph (g)(1)
of this AD.

(j) Follow-On Actions: Cracking

    If any crack is found during any inspection required by
paragraph (h) of this AD: Before further flight, oversize the holes
to the first oversize in comparison with the current hole diameter,
and do an SDI for cracks, in accordance with the Accomplishment
Instructions of the applicable service information identified in
paragraph (g)(1) of this AD.
    (1) If no cracking is found during the SDI required by the
introductory text of paragraph (j) of this AD: Before further
flight, install new fasteners in the transition fit, in accordance
with the Accomplishment Instructions of the applicable service
information identified in paragraph (g)(1) of this AD.
    (2) If any cracking is found during the SDI required by the
introductory text of paragraph (j) of this AD: Before further
flight, repair using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus's EASA
DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.

(k) No Reporting Required

    Although the applicable service information specified in
paragraph (g)(1) of this AD specifies to submit certain information
to the manufacturer, and specifies that action as ``RC'' (Required
for Compliance), this AD does not include that requirement.

(l) Exceptions to Service Information

    (1) Where the applicable service information identified in
paragraphs (g) and (m) of this AD specifies contacting Airbus for
appropriate action: Before further flight, repair using a method
approved by the Manager, International Section, Transport Standards
Branch, FAA; or EASA; or Airbus's EASA DOA. If approved by the DOA,
the approval must include the DOA-authorized signature.
    (2) Where paragraph 1.E., ``Compliance,'' of the applicable
service information specified in paragraph (g)(1) of this AD
specifies a compliance time in terms of a ``Threshold'' and ``Grace
Period,'' this AD requires compliance at the later of the applicable
threshold and grace period.
    (3) When it is determined that no RDAS is found to exist for the
FR40 area it is acceptable to accomplish the first SDI before
exceeding the applicable threshold, instead of ``before next
flight'', as specified in the applicable service information
specified in paragraph (g)(1)(ii), (g)(1)(iii), (g)(1)(v) and
(g)(1)(vi) of this AD.

(m) Modification for Airplanes in Post-Modification 55306 and Pre-
Modification 205225 Configuration

    For airplanes in post-modification 55306 and pre-modification
205225 configuration: Before exceeding the applicable compliance
time specified in table 2 to paragraph (m) of this AD, as
applicable, or within 18 months after the effective date of this AD,
whichever occurs later; modify the inside CWB (above bottom skin),
including doing a rotating probe inspection for cracking and all
applicable related investigative and corrective actions, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A330-57-3129, dated October 5, 2016; or Airbus Service
Bulletin A340-57-4136, dated October 5, 2016; as applicable; except
as required by paragraph (l)(1) of this AD. Do all applicable
related investigative and corrective actions before further flight.

[GRAPHIC] [TIFF OMITTED] TP26FE18.001

(n) Terminating Action for Certain Airworthiness Limitation Item (ALI)
Tasks

    (1) Accomplishment on an airplane of the initial and repetitive
inspections required by paragraph (h) of this AD terminates the
requirements of ALI task 57-11-02 and task 57-11-04 of the
applicable Airbus Airworthiness Limitation Section (ALS) Part 2,
Damage Tolerant (DT) ALI, for that airplane.
    (2) Modification of an airplane as required by paragraph (m) of
this AD terminates the requirements of ALI task 57-11-02 of the
applicable Airbus ALS Part 2, DT ALI, for that airplane.

(o) Terminating Action for Repetitive SDI Inspections

    (1) Modification of a post-modification 44360 airplane by
multiple cold working, including doing a rotating probe inspection
for cracking and all applicable related investigative and corrective
actions, in accordance with the Accomplishment Instructions of the
applicable Airbus service information specified in paragraph (g)(2)
of this AD, except as required by paragraph (l)(1) of this AD,
constitutes terminating action for the repetitive SDI required by
paragraph (h) of this AD for that airplane, provided the
modification is accomplished within the applicable compliance times
specified in the applicable Airbus service information specified in
paragraph (g)(1) of this AD.
    (2) If, during any inspection of a post-modification 44360
airplane, as required by paragraph (h) of this AD, a crack
previously repaired by an Airbus RDAS is detected only on the LH or
RH side, it is permitted to do the modification specified in
paragraph (o)(1) of this AD on the non-repaired side. Doing the
modification constitutes terminating action for the repetitive SDI
required by paragraph (h) of this AD on the modified side only.

(p) Extension to Compliance Time for Certain Airplanes

    For post-modification 44360 airplanes and pre-modification 55306
airplanes that have been inspected before the effective date of this
AD as required by AD 2016-12-09: It is permitted to defer the next
due inspection to 18 months after the effective date of this AD,
provided the previous inspection interval, as applicable, depending
on airplane configuration and utilization, as specified in the
service information used in the previous inspection is not exceeded.

(q) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraphs (h) through (j) of this AD, if those actions were
performed before the effective date of this AD using the applicable
service information specified in paragraphs (q)(1)(i) through
(q)(1)(vi) of this AD. This service information was incorporated by
reference in AD 2016-09-11, Amendment 39-18509 (81 FR 27986, May 9,
2016).
    (i) Airbus Service Bulletin A330-57-3114, dated March 12, 2013.
    (ii) Airbus Service Bulletin A330-57-3115, April 4, 2013.
    (iii) Airbus Service Bulletin A330-57-3116, dated March 12,
2013.
    (iv) Airbus Service Bulletin A340-57-4123, dated March 12, 2013.
    (v) Airbus Service Bulletin A340-57-4124, Revision 01, dated
August 22, 2013.
    (vi) Airbus Service Bulletin A340-57-4125, dated March 12, 2013.
    (2) This paragraph provides credit for the actions required by
paragraphs (h) through (j) of this AD, if those actions were
performed before the effective date of this AD using Airbus Service
Bulletin A340-57-4124, dated April 4, 2013. This service information
is not incorporated by reference in this AD.
    (3) This paragraph provides credit for the actions required by
paragraphs (h) through (j) of this AD, if those actions were
performed before the effective date of this AD using the applicable
service information specified in paragraphs (q)(3)(i) through
(q)(3)(viii) of this AD. This service information is not
incorporated by reference in this AD.
    (i) Airbus Technical Disposition LR57D11023270, Issue B, dated
July 12, 2011.
    (ii) Airbus Technical Disposition LR57D11029170, Issue C, dated
September 6, 2011.
    (iii) Airbus Technical Disposition LR57D11029171, Issue B, dated
September 6, 2011.
    (iv) Airbus Technical Disposition LR57D11029172, Issue B, dated
September 6, 2011.
    (v) Airbus Technical Disposition LR57D11029173, Issue B, dated
September 6, 2011.
    (vi) Airbus Technical Disposition LR57D11023714, Issue B, dated
July 12, 2011.
    (vii) Airbus Technical Disposition LR57D11030740, Issue C, dated
September 22, 2011.
    (viii) Airbus Technical Disposition LR57D11030741, Issue B,
dated September 22, 2011.

(r) 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 manager of the International Section, send it to the
attention of the person identified in paragraph (s)(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: As of the effective date of
this AD, 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 EASA; or Airbus's EASA DOA. If approved by the DOA,
the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraphs (k) and (l)(1) of this AD: If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(s) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2017-0069, dated April 25, 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-2018-0113.
    (2) For more information about this AD, contact, Vladimir
Ulyanov, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax:<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96;
fax: +33 5 61 93 45 80; 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>.

    Issued in Renton, Washington, on February 14, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-03599 Filed 2-23-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Rules and Regulations]
[Pages 46774-46776]
[FR Doc No: 2021-17854]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31384; Amdt. No. 3969]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPS) and associated Takeoff Minimums
and Obstacle Departure procedures (ODPs) for operations at

certain airports. These regulatory actions are needed because of the
adoption of new or revised criteria, or because of changes occurring in
the National Airspace System, such as the commissioning of new
navigational facilities, adding new obstacles, or changing air traffic
requirements. These changes are designed to provide safe and efficient
use of the navigable airspace and to promote safe flight operations
under instrument flight rules at the affected airports.

DATES: This rule is effective August 20, 2021. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 20, 2021.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30. 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC, 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. 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.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73169. Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by
establishing, amending, suspending, or removes SIAPS, Takeoff Minimums
and/or ODPS. The complete regulatory description of each SIAP and its
associated Takeoff Minimums or ODP for an identified airport is listed
on FAA form documents which are incorporated by reference in this
amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20.
The applicable FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, 8260-15B,
when required by an entry on 8260-15A, and 8260-15C.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers or
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the typed of SIAPS, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPs as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flights safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    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.
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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Lists of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on August 6, 2021.
Wade E.K. Terrell,
Aviation Safety, Flight Standards Service, Manager (A), Flight
Technologies and Procedures Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CRF part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 9 September 2021

Middletown, DE, KEVY, RNAV (GPS) Y RWY 35, Orig
Middletown, DE, KEVY, RNAV (GPS) Z RWY 35, Amdt 2
Ellendale, ND, 4E7, RNAV (GPS) RWY 31, Orig-A
West Chester, PA, KOQN, RNAV (GPS) Y RWY 9, Amdt 2
West Chester, PA, KOQN, RNAV (GPS) Z RWY 9, Orig

Effective 7 October 2021

Headland, AL, 0J6, RNAV (GPS) RWY 9, Amdt 1B
Headland, AL, 0J6, RNAV (GPS) RWY 27, Amdt 1B
Little Rock, AR, KLIT, RNAV (GPS) RWY 4R, Amdt 1F
Warren, AR, 3M9, RNAV (GPS) RWY 3, Orig-C
Warren, AR, 3M9, RNAV (GPS) RWY 21, Orig-D
Warren, AR, 3M9, VOR/DME-A, Amdt 5, CANCELLED
Denver, CO, KAPA, ILS OR LOC RWY 35R, Amdt 11A
Denver, CO, KAPA, RNAV (GPS) RWY 35R, Amdt 1A
Lakeland, FL, KLAL, ILS OR LOC RWY 10, ILS RWY 10 (SA CAT I), ILS
RWY 10 (CAT II), ILS RWY 10 (CAT III), Amdt 2
Lakeland, FL, KLAL, RNAV (GPS) RWY 10, Amdt 3
Lakeland, FL, KLAL, RNAV (GPS) RWY 28, Amdt 3
Forest City, IA, KFXY, VOR-A, Amdt 3C
Weiser, ID, Weiser Muni, Takeoff Minimums and Obstacle DP, Amdt 1
De Kalb, IL, KDKB, ILS OR LOC RWY 2, Orig-E
Indianapolis, IN, KIND, ILS OR LOC RWY 14, Amdt 7A
Burlington, KS, KUKL, RNAV (GPS) RWY 18, Amdt 1
Burlington, KS, KUKL, RNAV (GPS) RWY 36, Amdt 1
New Orleans, LA, KMSY, LOC RWY 20, Amdt 3A
New Orleans, LA, KMSY, RNAV (GPS) Y RWY 20, Amdt 3A
New Orleans, LA, KMSY, RNAV (RNP) Z RWY 20, Amdt 1A
Mosby, MO, KGPH, RNAV (GPS) RWY 36, Amdt 2B
Poplar Bluff, MO, KPOF, RNAV (GPS) RWY 18, Orig-C
Poplar Bluff, MO, KPOF, RNAV (GPS) RWY 36, Orig-B
Gulfport, MS, KGPT, ILS Z OR LOC Z RWY 32, Amdt 5A
Gulfport, MS, KGPT, RNAV (GPS) RWY 18, Amdt 3
Gulfport, MS, KGPT, RNAV (GPS) RWY 32, Amdt 2A
Gulfport, MS, KGPT, RNAV (GPS) RWY 36, Amdt 2B
Gulfport, MS, Gulfport-Biloxi Intl, Takeoff Minimums and Obstacle
DP, Amdt 6A
Gulfport, MS, KGPT, VOR Y RWY 32, Amdt 21D
Gulfport, MS, KGPT, VOR Z RWY 32, Amdt 5A
Hamilton, MT, Hamilton/Ravalli County, HAMEY TWO Graphic DP
Hamilton, MT, KHRF, RNAV (GPS) RWY 17, Orig
Hamilton, MT, KHRF, RNAV (GPS)-A, Orig
Hamilton, MT, Hamilton/Ravalli County, Takeoff Minimums and Obstacle
DP, Amdt 1
Collegeville, PA, N10, RNAV (GPS)-B, Orig-A, CANCELLED
Collegeville, PA, N10, RNAV (GPS)-C, Orig-A, CANCELLED
Collegeville, PA, Perkiomen Valley, Takeoff Minimums and Obstacle
DP, Orig-A, CANCELLED
Arlington, TX, KGKY, VOR/DME RWY 34, Amdt 2A, CANCELLED
Crewe, VA, W81, RNAV (GPS)-A, Orig-A
Beckley, WV, KBKW, RNAV (GPS) RWY 28, Amdt 1D
    Rescinded: On August 5, 2021 (86 FR 42708), the FAA published an
Amendment in Docket No. 31382 Amdt No. 3967, to Part 97 of the
Federal Aviation Regulations under section 97.27. The following
entry for Conway, SC, effective October 7, 2021, is hereby rescinded
in its entirety:
Conway, SC, KHYW, NDB RWY 4, Orig-D

[FR Doc. 2021-17854 Filed 8-19-21; 8:45 am]
BILLING CODE 4910-13-P


JACOBS Patty<EMAIL_ADDRESS>07/12/2006 01:44 PM	To
Keith Barnett/RTP/USEPA/US@EPA
cc

bcc

Subject
Ash Grove Cement Permit

	History:
This message has been forwarded.

Hello there Mr. Barnett,
It was a pleasure to speak with you this morning, and very glad to make
the contact.  Attached are the existing plant permit and two review
reports.  I will send the appropriate source test results in a separate
e-mail, as these files are quite large already.  The full source test
protocols and/or final reports are in our Bend office with our Source Test
Coordinator, Mark Bailey.  He can be reached directly at either
<EMAIL_ADDRESS>or<PHONE_NUMBER>, ext. 322.
<<010029pmod020073.doc>> <<010029rrmod020073.doc>> <<010029rr new.doc>>
Patty Jacobs, P.E.
Oregon  DEQ - Air Quality Program
400 E. Scenic Drive, Suite 307
The Dalles, OR 97058
Office:<PHONE_NUMBER>, ext. 34
Fax:<PHONE_NUMBER>
[attachment "010029pmod020073.doc" deleted by Keith Barnett/RTP/USEPA/US]
[attachment "010029rrmod020073.doc" deleted by Keith Barnett/RTP/USEPA/US]
[attachment "010029rr new.doc" deleted by Keith Barnett/RTP/USEPA/US]
Saved to Plant Specific Data Folder


[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
[Notices]
[Pages 10121-10122]
[FR Doc No: 2021-03284]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3553-EM; Docket ID FEMA-2021-0001]

District of Columbia; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of an
emergency for the District of Columbia (FEMA-3553-EM), dated January
11, 2021, and related determinations.

DATES: The declaration was issued January 11, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated January 11, 2021, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in certain areas
of the District of Columbia resulting from the 59th Presidential
Inauguration during the period of January 11 to January 24, 2021,
are of sufficient severity and magnitude to warrant an emergency
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (``the Stafford
Act''). Therefore, I declare that such an emergency exists in the
District of Columbia.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are
authorized to provide assistance for emergency protective measures
(Category B), limited direct Federal assistance, under the Public
Assistance program at 100 percent Federal funding.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal emergency assistance and
administrative expenses.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, Department
of Homeland Security, under Executive Order 12148, as amended, Thomas
J. Fargione, of FEMA is appointed to act as the Federal Coordinating
Officer for this declared emergency.
    The following areas of the District of Columbia have been
designated as adversely affected by this declared emergency:

    The District of Columbia for emergency protective measures
(Category B), limited to direct federal assistance, under the Public
Assistance program at 100 percent federal funding.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance

(Presidentially Declared Disasters); 97.039, Hazard Mitigation
Grant.

Robert J. Fenton,
Senior Official Performing the Duties of the Administrator, Federal
Emergency Management Agency.
[FR Doc. 2021-03284 Filed 2-17-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Notices]
[Pages 54102-54103]
[FR Doc No: 2018-23440]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-3-000]

Gulf South Pipeline Company, LP; Notice of Application

    Take notice that on October 9, 2018, Gulf South Pipeline Company,
LP (Gulf South), 9 Greenway Plaza, Suite 2800, Houston, Texas 77046,
filed an application pursuant to section 7(c) of the Natural Gas Act
(NGA) and the Federal Energy Regulatory Commission's (Commission)
regulations seeking authorization to construct, operate, and maintain
two new electric-driven 5,000 horsepower compressor units, within the
existing Petal III Compressor Station (Petal III CS) building,
associated with the Petal Gas Storage facility in Forrest County,
Mississippi (Petal III Compression Project). Gulf South also proposes
to add a dehydration unit, thermal oxidizer, and other auxiliary,
appurtenant facilities which would be all located adjacent to the Petal
III CS. The Petal III Compression Project would allow Gulf South to (i)
increase the injection capability to 1,738 million cubic feet per day
(MMcf/d); and (ii) decrease the certificated withdrawal capability to
2,495 MMcf/d., all as more fully described in the application which is
on file with the Commission and open to public inspection. The filing
may also be viewed on the web at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC at [email protected] or call toll-
free,<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    Any questions regarding this application should be directed to Juan
Eligio Jr., Supervisor of Regulatory Affairs, Gulf South Pipeline
Company, LP, 9 Greenway Plaza, Suite 2800, Houston, Texas 77046; by
telephone at<PHONE_NUMBER> or by email at [email protected] or
Payton Barrientos, Senior Regulatory Analyst, Gulf South Pipeline
Company, LP, 9 Greenway Plaza, Suite 2800, Houston, Texas, 77046; by
telephone at<PHONE_NUMBER> or by email at
[email protected].
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding, or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the EA for this proposal. The filing of the EA in the Commission's
public record for this proceeding or the issuance of a Notice of
Schedule for Environmental Review will serve to notify federal and
state agencies of the timing for the completion of all necessary
reviews, and the subsequent need to complete all federal authorizations
within 90 days of the date of issuance of the Commission staff's EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 3 copies of filings made in the proceeding with the Commission
and must provide a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition

to this project. The Commission will consider these comments in
determining the appropriate action to be taken, but the filing of a
comment alone will not serve to make the filer a party to the
proceeding. The Commission's rules require that persons filing comments
in opposition to the project provide copies of their protests only to
the party or parties directly involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, and will be
notified of any meetings associated with the Commission's environmental
review process. Environmental commentors will not be required to serve
copies of filed documents on all other parties. However, the non-party
commentors will not receive copies of all documents filed by other
parties or issued by the Commission and will not have the right to seek
court review of the Commission's final order.
    As of the February 27, 2018 date of the Commission's order in
Docket No. CP16-4-001, the Commission will apply its revised practice
concerning out-of-time motions to intervene in any new Natural Gas Act
section 3 or section 7 proceeding.\1\ Persons desiring to become a
party to a certificate proceeding are to intervene in a timely manner.
If seeking to intervene out-of-time, the movant is required to ``show
good cause why the time limitation should be waived,'' and should
provide justification by reference to factors set forth in Rule
214(d)(1) of the Commission's Rules and Regulations.\2\
---------------------------------------------------------------------------

    \1\ Tennessee Gas Pipeline Company, L.L.C., 162 FERC ]61,167 at
]50 (2018).
    \2\ 18 CFR 385.214(d)(1).
---------------------------------------------------------------------------

    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 3 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on November 9, 2018.

    Dated: October 19, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-23440 Filed 10-25-18; 8:45 am]
 BILLING CODE 6717-01-P


                                  MEMORANDUM

Tetra Tech, Inc.
10306 Eaton Place, Suite 340
Fairfax, VA 22030
phone<PHONE_NUMBER>
fax<PHONE_NUMBER>

TO:			Paul Shriner and Jan Matuszko, EPA
FROM:		Kelly Meadows
DATE: 		January 7, 2010 (updated March 10, 2014)

SUBJECT:		Cooling Towers in Brackish Waters

EPA requested that Tetra Tech contact individual facilities regarding the prevalence and design characteristics of cooling towers that used brackish water as a source for makeup flows.  This memo summarizes Tetra Tech's efforts to contact those facilities.

Data Sources

Tetra Tech identified facilities using salt or brackish water as the makeup source from two documents:

   1) Maulbetsch, J. and M. DiFilippo. "Performance, Cost and Environmental Performance of Salt Water Cooling Towers." Prepared for the California Energy Commission. June 2007. Table 4-1.
   2) DiFilippo, M., J. Maulbetsch and K. Zammit. Status, Impacts and Operations of High-Salinity Wet Cooling Towers. PowerPoint presentation.

Facility Calls

Tetra Tech attempted to contact all manufacturing facilities listed in the above documents that have installed salt water towers since the Clean Water Act was passed in 1972, as well as any electric generating facilities that have installed salt water towers in the past 5 years.

A representative from Dow Chemical in California stated that the facility does not operate a salt water cooling tower.  After further discussion, it appears that the facility may have used a salt water tower at one time (the documentation stated it was built in 1976) but the facility currently uses fresh water and has for quite some time.

A representative from Lansing Smith (a power plant in Lynn Haven, Florida) stated that the facility has been in operation with once-through units since the 1960s, but added a natural gas combined cycle unit in 2001.  The new generating unit uses mechanical draft cooling towers, with the makeup water being withdrawn from the discharge of the once-through units.  The cycle of concentration for the tower is approximately 2.0 and the representative stated that they have had no significant problems with operating the towers and that chemical costs have been approximately as expected.  The facility performs its own maintenance on the towers.  The tower also utilizes a drift eliminator, as the facility has drift limits in its air quality permit.

A representative from Watson (a power plant in Gulfport, Mississippi) stated that their facility has several types of cooling towers.  The facility's Unit 5 was built with a round cooling tower approximately 30 years ago; it was recently demolished and replaced with a new linear bank of towers.  The new towers are mechanical draft with a cycle of concentration between 3 and 7 and were designed with plume and drift abatement.  The tower draws its makeup flows from the discharge canal of the other (once-through) units.  Construction of the new tower took approximately 12 months, with 6 months being required for the basins and another 6 months for the fiberglass structure and other above-ground elements.  The tower was tied into the existing cooling system during a planned 30 day outage, but the facility representative noted that the outage would have been shorter if it had been solely for cooling tower tie-in.  The new tower cost approximately $42 million and appears to be meeting its goals for parasitic power needs, chemical usage, and maintenance.  Watson also has a helper cooling tower in its discharge canal; the tower straddles the canal, draws water up into the tower, cools it, and then allows the water to fall back into the canal.  There are no chemicals in use at the helper towers.

Calls to the following facilities were not returned: Delano Biomass (CA), Intalco Aluminum (WA), St. Johns River Power Park (FL), Crystal River (FL).

Calls to the following facilities were not completed, as contact information could not be located: Pfizer (NC).

Update (March 10, 2014)

EPA received correspondence from Southern Company on June 13, 2011 (see DCN 12-6620) regarding requested corrections to the information in this memo. Southern noted the following:

   * The typical COC for Plant Lansing Smith is 1.5.
   * The COC for Plant Watson's cooling tower ranges from 1-4, depending on source water conductivity. When source water conductivity is high (e.g., due to a lack of rainfall), the COC is near the low end of the range.
   * The cooling tower for Plant Watson's Unit 5 does not utilize plume abatement.


[Federal Register Volume 77, Number 1 (Tuesday, January 3, 2012)]
[Notices]
[Pages 98-99]
[FR Doc No: 2011-33643]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC12-4-000]

Commission Information Collection Activities, Proposed Collection
(FERC-716); Comment Request; Extension

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed information collection and request for
comments.

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SUMMARY: In compliance with the requirements of section 3506(c)(2)(a)
of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the Federal
Energy Regulatory Commission (FERC or Commission) is soliciting public
comment on the specific aspects of the information collection described
below.

DATES: Comments on the collection of information are due by March 5,
2012.

ADDRESSES: Comments may be filed either electronically (eFiled) or in
paper format. The comments should refer to Docket No. IC12-4-000.
Documents must be prepared in an acceptable filing format and in
compliance with Commission submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. eFiling instructions are
available at: http://www.ferc.gov/docs-filing/efiling.asp. First time
users must follow eRegister instructions at: http://www.ferc.gov/docs-filing/eregistration.asp, to establish a user name and password before
eFiling. The Commission will send an automatic acknowledgement to the
sender's email address upon receipt of eFiled comments. Commenters
making an eFiling should not make a paper filing. Commenters that are
not able to file electronically must send an original of their comments
to: Federal Energy Regulatory Commission, Secretary of the Commission,
888 First Street, NE., Washington, DC 20426.
    Users interested in receiving automatic notification of activity in
this docket may do so through eSubscription at: http://www.ferc.gov/docs-filing/esubscription.asp. All comments and FERC issuances may be
viewed, printed or downloaded remotely through FERC's eLibrary at:
http://www.ferc.gov/docs-filing/elibrary.asp, by searching on Docket
No. IC12-4-000. For user assistance, contact FERC Online Support by
email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>, by fax at (202)
273-0873.

SUPPLEMENTARY INFORMATION: The Commission uses the information
collected under the requirements of FERC-716 (``Good Faith Request for
Transmission Service and Response by Transmitting Utility Under
Sections 211(a) and 213(a) of the Federal Power Act'' [OMB No. 1902-
0170]) to implement the statutory provisions of sections 211 and 213 of
the Federal Power Act (FPA) as amended and added by the Energy Policy
Act 1992. FERC-716 also includes the requirement to file a section 211
request if the negotiations between the transmission requestor and the
transmitting utility are unsuccessful. For the initial process, the
information is not filed with the Commission. However, the request and
response may be analyzed as a part of a section 211 action. The
Commission may order transmission services under the authority of FPA
211.
    The Commission's regulations in the Code of Federal Regulations
(CFR), 18 CFR 2.20, provide standards by which the Commission
determines if and when a valid good faith request for transmission has
been made under section 211 of the FPA. By developing the standards,
the Commission sought to encourage an open exchange of data with a
reasonable degree of specificity and completeness between the party
requesting transmission services and the transmitting utility. As a
result, 18 CFR 2.20 identifies 12 components of a good faith estimate
and 5 components of a reply to a good faith request.
    Action: The Commission is requesting a three-year extension of the
current expiration date with no changes to the existing collection.

    Burden Statement: The Commission estimates the Public Reporting
Burden for this information collection as:

----------------------------------------------------------------------------------------------------------------
                                                                     Number of
 FERC data collection FERC-716 (OMB control No.      Number of     responses per  Average burden   Total annual
                   1902-0170)                       respondents     respondent       hours per     burden hours
                                                   annually  (1)        (2)        response  (3)    (1)*(2)*(3)
----------------------------------------------------------------------------------------------------------------
Information exchange between parties............               3               1             100             300
Application submitted to FERC if parties'                      3               1             2.5             * 8
 negotiations are unsuccessful..................
                                                 ---------------------------------------------------------------
    Total.......................................  ..............  ..............  ..............             308
----------------------------------------------------------------------------------------------------------------
* Rounded.

    The total annual cost of filing FERC-716 is: 308 hours/2080 hours
\1\ x $142,372 = $21,082.\2\
---------------------------------------------------------------------------

    \1\ Number of hours an employee works in a year.
    \2\ Average annual salary per employee.
---------------------------------------------------------------------------

    The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, using technology and systems for the purposes of
collecting, validating, verifying, processing, maintaining, disclosing
and providing information; (3) adjusting the existing ways to comply
with any previously applicable filing instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collection of
information; and (7) transmitting, or otherwise disclosing the
information.
    The Commission bases the cost estimate for respondents upon
salaries within the Commission for professional and clerical support.
This cost estimate includes respondents' total salary and employment
benefits.
    Comments are invited on: (1) Whether the collection of information
is necessary for the proper performance of the functions of the
Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden of the
collection of information, including the validity of the methodology
and assumptions used; (3) ways to enhance the quality, utility and
clarity of the information to be collected; and (4) ways to minimize
the burden of the collection of information on those who are to
respond, including through the use of automated collection techniques
or other forms of information technology.

    Dated: December 27, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-33643 Filed 12-30-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
[Proposed Rules]
[Pages 65322-65323]
[FR Doc No: 2018-27519]

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

Food and Drug Administration

21 CFR Parts 50, 312, and 812

[Docket No. FDA-2018-N-2727]
RIN 0910-AH52

Institutional Review Board Waiver or Alteration of Informed
Consent for Minimal Risk Clinical Investigations; Extension of Comment
Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule; extension of comment period.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) is
extending the comment period for the proposed rule that appeared in the
Federal Register of November 15, 2018. The Agency is taking this action
in response to a request for an extension to allow interested persons
additional time to submit comments.

DATES: FDA is extending the comment period on the proposed rule
published November 15, 2018 (83 FR 57378). Submit either electronic or
written comments by February 13, 2019.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before February 13, 2019. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of February 13, 2019. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and

Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-N-2727 for ``Institutional Review Board Waiver or Alteration
of Informed Consent for Minimal Risk Clinical Investigations.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Janet Norden, Office of Good Clinical
Practice, Food and Drug Administration, 10903 New Hampshire Ave.,
Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In the Federal Register of November 15,
2018, FDA published a proposed rule with a 60-day comment period to
implement the statutory changes made to the Federal Food, Drug, and
Cosmetic Act by section 3024 of the 21st Century Cures Act (Pub. L.
114-255) to allow for a waiver or alteration of informed consent when a
clinical investigation poses no more than minimal risk to the human
subject and includes appropriate safeguards to protect the rights,
safety, and welfare of human subjects. The proposed rule, if finalized,
would permit an institutional review board (IRB) to waive or alter
certain informed consent elements or to waive the requirement to obtain
informed consent, under limited conditions, for certain minimal risk
clinical investigations. Comments on the proposed rule will inform
FDA's rulemaking to establish regulations for IRB waiver or alteration
of informed consent for certain minimal risk clinical investigations.
    The Agency has received a request for a 60-day extension of the
comment period for the proposed rule. This request conveyed concern
that the current 60-day comment period does not allow sufficient time
to develop a meaningful or thoughtful response to the proposed rule.
    FDA has considered the request and is extending the comment period
for the proposed rule for 30 days, until February 13, 2019. The Agency
believes that a 30-day extension allows adequate time for interested
persons to submit comments without significantly delaying rulemaking on
these important issues.

    Dated: December 14, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-27519 Filed 12-19-18; 8:45 am]
 BILLING CODE 4164-01-P