[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)]
[Notices]
[Pages 28935-28937]
[FR Doc No: 2017-12129]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of actions on Special Permit Applications.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein. Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.

DATES: Comments must be received on or before July 26, 2017.
    Address Comments to: Record Center, Pipeline and Hazardous
Materials Safety Administration U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT:
    Ryan Paquet, Director, Office of Hazardous Materials Approvals and
Permits Division, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, East Building, PHH-
30, 1200 New Jersey Avenue Southeast, Washington, DC 20590-0001, (202)
366-4535.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(13); 49 CFR 1.53(6)).

    Issued in Washington, DC, on June 1, 2017.
Donald Burger,
Chief, Office of the Special Permits and Approvals.

                                              Special Permits Data
----------------------------------------------------------------------------------------------------------------
                                                                     Regulation(s)       Nature of the special
     Application No.         Docket No.          Applicant             affected             permits thereof
----------------------------------------------------------------------------------------------------------------
11180-M..................  ..............  AFFIVAL INC.........  173.24(c)...........  To modify the special
                                                                                permit to authorize
                                                                                metal tubes with a
                                                                                decreased diameter and
                                                                                an increased length to
                                                                                be authorized under the
                                                                                special permit.
11489-M..................  ..............  TK Holdings, Inc....  173.56(b), 172.320..  To modify the special
                                                                                permit to remove
                                                                                language that has been
                                                                                incorporated into the
                                                                                regulations.
11911-M..................  ..............  TRANSFER FLOW, INC..  177.834(h),           To authorize an
                                                                  178.700(c)(1).        additional fuel type to
                                                                                be added to the permit.
14335-M..................  ..............  RINCHEM COMPANY, INC  177.848(d),           To modify the special
                                                                  172.301(c),           permit to authorize a
                                                                  172.302(c).           change in ventilation
                                                                                requirements to allow
                                                                                for a refrigeration/
                                                                                blower ventilation
                                                                                system.
15070-M..................  ..............  CARLETON              180.205, 173.302A,    To modify the special
                                            TECHNOLOGIES, INC.    173.304A.             permit to clarify the
                                                                                heat treatment for brass
                                                                                liners, and allow
                                                                                transportation of
                                                                                cylinders for foreign
                                                                                military options along
                                                                                with U.S.
16011-M..................  ..............  AMERICASE, INC......  173.185(f), 172.500,  To modify the special
                                                                  172.600,              permit to clarify
                                                                  172.700(a),           language about watt
                                                                  172.200, 172.400,     hours, remove
                                                                  172.300.              unnecessary language
                                                                                about lithium metal
                                                                                batteries and to
                                                                                harmonize the permit
                                                                                with the 19th revised
                                                                                edition of the UN Model
                                                                                Regulations and
                                                                                Amendment 38-16 of the
                                                                                IMDG Code.
20220-N..................  ..............  AGILITY FUEL          173.220(a)..........  To authorize the
                                            SYSTEMS, INC.                               transportation in
                                                                                commerce of compressed
                                                                                natural gas fuel systems
                                                                                that are not part of an
                                                                                internal combustion
                                                                                engine.
20348-N..................  ..............  WRIGHTSPEED, INC....  173.185(a)..........  To authorize the
                                                                                transportation in
                                                                                commerce of prototype
                                                                                lithium ion batteries by
                                                                                cargo-only aircraft.
20351-M..................  ..............  ROEDER CARTAGE        180.407(c),           To modify the special
                                            COMPANY,              180.407(e),           permit to authorize
                                            INCORPORATED.         180.407(e),           additional trailers to
                                                                  180.407(f).           transport stabilized
                                                                                acrylonitrile.
20361-N..................  ..............  KEITH HUBER           178.345-3(f)(3).....  To authorize the
                                            CORPORATION.                                manufacture, mark, sale,
                                                                                and use of non-DOT
                                                                                specification cargo
                                                                                tanks to transport
                                                                                gasoline.
20374-N..................  ..............  SCANA CORPORATION...  173.427(b), 173.403,  To authorize the
                                                                  173.465(c),           transportation in
                                                                  173.465(d).           commerce of SCO-II
                                                                                material which has fixed
                                                                                and non-fixed
                                                                                contamination levels on
                                                                                the inaccessible surface
                                                                                area in excess of that
                                                                                authorized.
20387-N..................  ..............  TECHNIP STONE &       173.301(f),           To authorize the
                                            WEBSTER PROCESS       173.301(g)(1),        transportation in
                                            TECHNOLOGY, INC.      178.71(q)(1),         commerce of non-DOT
                                                                  178.71(q)(2),         specification bundled
                                                                  178.71(q)(3),         cylinders.
                                                                  173.302a(a),
                                                                  173.304a(a).
20388-N..................  ..............  UNITED PARCEL         175.33, 177.817,      To authorize the
                                            SERVICE, INC.         172.202(e).           transportation in
                                                                                commerce of non
                                                                                hazardous materials as
                                                                                hazardous materials to
                                                                                test the effectiveness
                                                                                of the applicant's
                                                                                electronic system.
20427-M..................  ..............  SPACE SYSTEMS/LORAL,  173.220.............  To authorize the
                                            LLC.                                        transportation in
                                                                                commerce of machinery or
                                                                                fuel tanks containing
                                                                                more than 500 ml of
                                                                                fuel.
20438-N..................  ..............  TOYOTA MOTORSPORT     172.101(j),           To authorize the
                                            GMBH.                 173.185(a).           transportation in
                                                                                commerce of prototype
                                                                                lithium ion batteries in
                                                                                excess of 35 kg by cargo-
                                                                                only aircraft.
20458-N..................  ..............  KAVOK EIR, TOV......  172.204(c)(3),        To authorize the
                                                                  172.204(c)(3),        transportation in
                                                                  175.30(a)(1),         commerce of certain
                                                                  173.27(b)(2),         explosives which are
                                                                  173.27(b)(3).         forbidden for transport
                                                                                by cargo only aircraft.
20460-N..................  ..............  KALITTA AIR, L.L.C..  172.101(j)(1),        To authorize the
                                                                  175.30(a)(1),         transportation of
                                                                  173.27(b)(2),         explosives forbidden
                                                                  173.27(b)(3).         aboard aircraft to be
                                                                                transported aboard cargo-
                                                                                only aircraft.
20461-N..................  ..............  SARASOTA AVIONICS,    172.101.............  Application for Party
                                            INC.                                        Status to DOT-SP10996.

20462-N..................  ..............  SOUTHERN CONTAINER,   172.203(a),           Special Permit 16323 to
                                            LLC.                  180.352(d)(1)(ii),    allow for the
                                                                  178.801(f).           installation of a tested
                                                                                inner receptacle of a
                                                                                composite intermediate
                                                                                bulk container without
                                                                                subjecting the inner
                                                                                receptacle to a further
                                                                                leakproofness test after
                                                                                installation. To cover
                                                                                all hazardous materials
                                                                                authorized in the
                                                                                172.101 Hazardous
                                                                                Materials Table to be
                                                                                transported in UN 31HA1
                                                                                composite IBCs. A sample
                                                                                of these materials was
                                                                                chosen for the Hazardous
                                                                                Materials section of
                                                                                this application in
                                                                                order to advance the
                                                                                application process.
20465-N..................  ..............  TOYOTA MOTOR SALES    172.301(c),           To authorize the use of
                                            USA INC.              172.446(b).           Class 9 labels whose
                                                                                vertical stripes are not
                                                                                equal in size.
20467-N..................  ..............  CHEMTRONICS INC.....  171.23(b),            To authorize the
                                                                  173.304a(a), 171.8.   transportation in
                                                                                commerce of certain DOT
                                                                                Specification 2Q
                                                                                containers containing
                                                                                hazardous materials
                                                                                identified in paragraph
                                                                                6 as ORM-D materials.
20468-N..................  ..............  KALITTA AIR, L.L.C..  172.204(c)(3),        To authorize the
                                                                  172.204(c)(3),        transportation in
                                                                  175.30(a)(1),         commerce of anhydrous
                                                                  173.27(b)(2),         ammonia by cargo
                                                                  173.27(b)(3).         aircraft, which if
                                                                                forbidden in the
                                                                                regulations.
20472-N..................  ..............  AVIAKOMPANIYa         175.30(a)(1),         To authorize the
                                            UKRAINA-AEROALYANS,   173.27(b)(2),         transportation in
                                            PrAT.                 173.27(b)(3).         commerce of explosives
                                                                                by cargo aircraft which
                                                                                is forbidden by the
                                                                                regulations.
----------------------------------------------------------------------------------------------------------------

 [FR Doc. 2017-12129 Filed 6-23-17; 8:45 am]
 BILLING CODE 4909-60-M


[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Rules and Regulations]
[Pages 39588-39591]
[FR Doc No: 2013-15809]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0551]
RIN 1625-AA08

Special Local Regulations; Revision of 2013 America's Cup
Regulated Area, San Francisco Bay; San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

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SUMMARY: The Coast Guard is revising the regulated area for the 2013
America's Cup sailing events. Previously, the Coast Guard established a
special local regulation, on July 17, 2012, for sailing regattas
scheduled to be conducted on the waters of San Francisco Bay adjacent
to the City of San Francisco waterfront in the vicinity of the Golden
Gate Bridge and Alcatraz Island. The Coast Guard is amending the rule
to modify the eastern boundary of the Primary Regulated Area. The
change relocates the northeast corner of the Primary Regulated Area to
the east 360 yards and relocates the southeast corner 910 yards to the
southwest.

DATES: This rule is effective from July 4, 2013, until September 23,
2013.
    Comments and related material must be received by the Coast Guard
on or before August 1, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2011-0551. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Commander Aaron Lubrano, U.S. Coast Guard
Sector San Francisco; telephone<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Barbara Hairston, Program Manager, Docket Operations, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SLR Special Local Regulation

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.

    To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2011-0551) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2011-0551) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

B. Regulatory History and Information

    On July 17, 2012, the Coast Guard published a temporary final rule
regulating the on-water activities associated with the ``Louis Vuitton
Cup,'' ``Red Bull Youth America's Cup,'' and ``America's Cup Finals
Match'' scheduled to occur in July, August, and September, 2013 (77 FR
41902). That rule created a special local regulation (SLR) that
established regulated areas on the water to enhance safety and maximize
access to the affected waterways. The Coast Guard is revising the
location of the 2013 regulated area with this interim rule.
    The Coast Guard is issuing this temporary interim rule without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.''
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule because publishing an NPRM would be impracticable
and contrary to the public interest.
    Recent on-water testing of the AC72 class racing boats has proven
that speeds in excess of forty knots will be regularly achieved, which
is faster than previous design forecasts.
    The Coast Guard will consider all comments and may incorporate
additional changes to the race area to further enhance maritime safety.
However, the time required to complete the full NPRM process does not
allow for comment, publication, and implementation prior to the first
regatta. The Captain of the Port, San Francisco, has determined that
the race could pose a risk to public safety and property. Such hazards
include vessel collisions in a congested area and potential capsizing
of competitor vessels in close proximity to spectator vessels. Thus,
delaying the effective date of this rule to wait for a comment period
to run would be both impracticable and contrary to the public interest
because it would inhibit the Coast Guard's ability to protect
spectators and vessels from the hazards associated with a large
gathering of sailboats for a race. Based on these concerns, it is in
the public interest to have the revised regulation in effect during the
entire event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.

C. Basis and Purpose

    Under 33 CFR 100.35, the Coast Guard District Commander has
authority to promulgate certain special local regulations deemed
necessary to ensure the safety of life on the navigable waters
immediately before, during, and immediately after an approved regatta
or marine parade. The Commander of Coast Guard District 11 has
delegated to the Captain of the Port (COTP) San Francisco the
responsibility of issuing such regulations.
    With this interim rule, the Coast Guard is revising the Primary
Regulated Area associated with the special local regulation published
for the Louis Vuitton Cup challenger selection series and the America's
Cup Finals Match occurring in 2013. Recent on-water testing of the AC72
class racing boats has proven that speeds in excess of forty knots will
be regularly achieved, which is faster than previous design forecasts.
    Modifying the eastern boundary of the Primary Regulated Area will
allow event organizers to adjust the race course to better suit the
demonstrated speed and maneuverability of the AC72s, while optimizing
maritime safety for the spectators, commercial traffic and race
participants, and preserving existing buffer zones near environmentally
sensitive areas. The reduced size of the regulated area near the San
Francisco waterfront is expected to help reduce race-related delays for
commuter ferries as they approach or depart San Francisco, and enhance
the navigation safety in this area. Due to the changes to the regulated
area the entrance to the transit zone needed to be adjusted to align
with the eastern boundary. The ``T'' section of the transit zone was
modified to allow for better access and to create a consistent safety
buffer during race finishes.

D. Discussion of the Interim Rule

    The Coast Guard is modifying the Primary Regulated Area established
in the special local regulation published on July 17, 2012 (77 FR
41902) associated with the Louis Vuitton Cup challenger selection
series and the America's Cup Finals Match occurring in 2013. The
revised rule relocates the northeast corner of the Primary Regulated
Area to the east 360 yards to 37[deg]49'41'' N, 122[deg]24'17'' W, adds
one additional point on the eastern flank at 37[deg]49'10'' N,
122[deg]23'43'' W and relocates the southeast corner 910 yards to the
southwest to 37[deg]48'24'' N, 122[deg]23'43'' W. The rule also
relocates the entrance to the transit zone near Blossom Rock southeast
400 yards to 37[deg]49'17'' N, 122[deg]23'51'' W and 37[deg]49'10'' N,
122[deg]23'43'' W. An image of the revised Primary Regulated Area for
2013 may also be found in the docket (USCG-2011-0551).
    All other provisions in the rule remain the same.

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses

based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under those Orders.
    We do not expect the rule to be significant because the regulated
area established by the SLR is limited in duration and is limited to a
narrowly tailored geographic area. In addition, although this rule
restricts access to the waters encompassed by the regulated area, the
effect of this rule will not be significant because the local waterway
users will be notified via public Broadcast Notice to Mariners to
ensure the regulated area will result in minimum impact. The entities
most likely to be affected are waterfront facilities, commercial
vessels, and pleasure craft engaged in recreational activities.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: Owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing, if these facilities or vessels are in the
vicinity of the regulated area at times when this area is being
enforced. This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i)
This rule will encompass only a small portion of the waterway for a
limited period of time, and (ii) the maritime public will be advised in
advance of the Coast Guard's enforcement of the regulated area via
Broadcast Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above. Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action does not individually or cumulatively have a significant
effect on the human environment. This rule is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the

Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--REGATTAS AND MARINE PARADES

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Revise paragraphs (a)(1) and (d)(6) of Sec.  100.T11-0551B to read
as follows:

Sec.  100.T11-0551B  Special Local Regulation; 2013 America's Cup
Sailing Events.

    (a) * * *
    (1) The following area is the Primary Regulated Area for the 2013
America's Cup sailing events: All waters of San Francisco Bay bounded
by a line beginning at position 37[deg]48'12'' N, 122[deg]24'04'' W
located on the foot of Pier 23, running northeast to position
37[deg]48'24'' N, 122[deg]23'43'' W, running north to position
37[deg]49'10'' N, 122[deg]23'43'' W, running northwest to position
37[deg]49'41'' N, 122[deg]24'17'' W located east of Alcatraz Island,
running west to position 37[deg]49'41'' N, 122[deg]27'35'' W, running
southwest to position 37[deg]49'02'' N, 122[deg]28'21'' W, running
south to position 37[deg]48'32'' N, 122[deg]28'21'' W, and running
eastward along the City of San Francisco shoreline ending at position
37[deg]48'12'' N, 122[deg]24'04'' W located on the foot of Pier 23. All
coordinates are North American Datum 1983.
* * * * *
    (d) * * *
    (6) Transit Zone. Within the Primary Regulated Area, a transit
zone, approximately 200 yards in width, is established along the City
of San Francisco waterfront. The transit zone will begin at the face of
Pier 23, run westward along the pier faces to the Municipal Pier, and
continue westward to the northern boundary of the area defined in
paragraph (d)(4). This transit zone is bounded by the following
coordinates: 37[deg]48'40'' N, 122[deg]28'21'' W; 37[deg]48'32'' N,
122[deg]28'00'' W; 37[deg]48'32'' N, 122[deg]26'24'' W; 37[deg]48'39''
N, 122[deg]25'27'' W; 37[deg]48'43'' N, 122[deg]25'13'' W;
37[deg]48'41'' N, 122[deg]24'30'' W; 37[deg]48'28'' N, 122[deg]24'04''
W; 37[deg]48'17'' N, 122[deg]23'54'' W; 37[deg]48'21'' N,
122[deg]23'49'' W; 37[deg]48'33'' N, 122[deg]24'00'' W; 37[deg]49'00''
N, 122[deg]24'00'' W; 37[deg]49'10'' N, 122[deg]23'43'' W;
37[deg]49'17'' N, 122[deg]23'51'' W; 37[deg]48'48'' N, 122[deg]24'40''
W; 37[deg]48'49'' N, 122[deg]25'16'' W; 37[deg]48'37'' N,
122[deg]26'22'' W; 37[deg]48'37'' N, 122[deg]28'00'' W; 37[deg]48'47''
N, 122[deg]28'21'' W (NAD 83). This transit zone is for vessels that
need to access pier space or facilities at, or to transit along, the
City of San Francisco waterfront. It may be marked by buoys and/or
America's Cup support vessels. No vessel may anchor, block, loiter in,
or otherwise impede transit in the transit zone. In the event the
eastern sections of the transit zone are temporarily closed for vessel
safety, such as races finishes, vessels must follow the procedures in
paragraph (d)(3) to request access.
* * * * *

    Dated: June 19, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2013-15809 Filed 7-1-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Notices]
[Pages 48166-48167]
[FR Doc No: 2011-19958]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0085]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Cooperative
Manufacturing Arrangements for Licensed Biologics

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by
September 7, 2011.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0629.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Juanmanuel Vilela, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Guidance for Industry: Cooperative Manufacturing Arrangements For
Licensed Biologics--(OMB Control Number 0910-0629)--Extension

    The guidance document provides information concerning cooperative
manufacturing arrangements applicable to biological products subject to
licensure under section 351 of the Public Health Service Act (42 U.S.C.
262). The guidance addresses several types of manufacturing
arrangements (i.e., short supply arrangements, divided manufacturing
arrangements, shared manufacturing arrangements, and contract
manufacturing arrangements) and describes certain reporting and
recordkeeping responsibilities, associated with these arrangements,
including the following: (1) Notification of all important proposed
changes to production and facilities; (2) notification of results of
tests and investigations regarding or possibly impacting the product;
(3) notification of products manufactured in a contract facility; and
(4) standard operating procedures.

(1) Notification of All Important Proposed Changes to Production and
Facilities

    Each licensed manufacturer in a divided manufacturing arrangement
or shared manufacturing arrangement must notify the appropriate FDA
center regarding proposed changes in the manufacture, testing, or
specifications of its product, in accordance with Sec.  601.12 (21 CFR
601.12). In the guidance, we recommend that each licensed manufacturer
that proposes such a change should also inform other participating
licensed manufacturer(s) of the proposed change.
    For contract manufacturing arrangements, we recommend that the
contract manufacturer should share with the license manufacturer all
important proposed changes to production and facilities (including
introduction of new products or at inspection). The license holder is
responsible for reporting these changes to FDA (Sec.  601.12).

(2) Notification of Results of Tests and Investigations Regarding or
Possibly Impacting the Product

    In the guidance, we recommend the following for contract
manufacturing arrangements:
     The contract manufacturer should fully inform the license
manufacturer of the results of all tests and investigations regarding
or possibly having an impact on the product; and
     The license manufacturer should obtain assurance from the
contractor that any FDA list of inspectional observations will be
shared with the license manufacturer to allow evaluation of its impact
on the purity, potency, and safety of the license manufacturer's
product.

(3) Notification of Products Manufactured in a Contract Facility

    In the guidance, we recommend for contract manufacturing
arrangements that a license manufacturer cross reference a contract
manufacturing facility's Master Files only in circumstances involving
certain proprietary information of the contract manufacturer, such as a
list of all products manufactured in a contract facility. In this
situation, the license manufacturer should be kept informed of the
types or categories of all products manufactured in the contract
facility.

(4) Standard Operating Procedures

    In the guidance, we remind the license manufacturer that the
license manufacturer assumes responsibility for compliance with the
applicable product and establishment standards (21 CFR 600.3(t)).
Therefore, if the license manufacturer enters into an agreement with a
contract manufacturing facility, the license manufacturer must ensure
that the facility complies with the applicable standards. An agreement
between a license manufacturer and a contract manufacturing facility
normally includes procedures to regularly assess the contract
manufacturing facility's compliance. These procedures may include, but
are not limited to, review of records and manufacturing deviations and
defects, and periodic audits.
    For shared manufacturing arrangements, each manufacturer must
submit a separate biologics license application (BLA) describing the
manufacturing facilities and operations applicable to the preparation
of that manufacturer's biological substance or product (Sec.
601.2(a)). In the guidance, we state that we expect the manufacturer
that prepares (or is responsible for the preparation of) the product in
final form for commercial distribution to assume primary responsibility
for providing data demonstrating the safety, purity, and potency of the
final product. We also state that we expect the licensed finished
product manufacturer to be primarily responsible for any post-approval
obligations, such as

postmarketing clinical trials, additional product stability studies,
complaint handling, recalls, postmarket reporting of the dissemination
of advertising and promotional labeling materials as required under
Sec.  601.12(f)(4) and adverse experience reporting. We recommend that
the final product manufacturer establish a procedure with the other
participating manufacturer(s) to obtain information in these areas.
    Description of Respondents: The recordkeeping and reporting
recommendations described in this document affect the participating
licensed manufacturer(s), final product manufacturer(s), and contract
manufacturer(s) associated with cooperative manufacturing arrangements.
    Burden Estimate: We believe that the information collection
provisions in the guidance do not create a new burden for respondents.
We believe the reporting and recordkeeping provisions are part of usual
and customary business practices. Licensed manufacturers would have
contractual agreements with participating licensed manufacturers, final
product manufacturers, and contract manufacturers, as applicable for
the type of cooperative manufacturing arrangement, to address all these
information collection provisions.
    The guidance also refers to previously approved collections of
information found in FDA regulations at parts 201, 207, 211, 600, 601,
606, 607, 610, 660, 801, 803, and 807, 809, and 820 (21 CFR parts 201,
207, 211, 600, 601, 606, 607, 610, 660, 801, 803, 807, 809, and 820).
The collections of information in Sec. Sec.  606.121, 606.122, and
610.40 have been approved under OMB control number 0910-0116; Sec.
610.2 has been approved under OMB control number 0910-0206; Sec. Sec.
600.12(e) and 600.80 have been approved under OMB control number 0910-
0308; Sec. Sec.  601.2(a), 601.12, 610.60 through 610.65, 610.67,
660.2(c), 660.28(a) and (b), 660.35(a), (c) through (g), and (i)
through (m), 660.45, and 660.55(a) and (b) have been approved under OMB
control number 0910-0338; Sec. Sec.  803.20, 803.50, and 803.53 have
been approved under OMB control number 0910-0437; and Sec. Sec.  600.14
and 606.171 have been approved under OMB control number 0910-0458. The
current good manufacturing practice regulations for finished
pharmaceuticals (part 211) have been approved under OMB control number
0910-0139; Sec. Sec.  820.181 and 820.184 have been approved under OMB
control number 0910-0073; the establishment registration regulations
(parts 207, 607, and 807) have been approved under OMB control numbers
0910-0045, 0910-0052, and 0910-0387; and the labeling regulations
(parts 201, 801, and 809) have been approved under OMB control numbers
0910-0537, 0910-0572, and 0910-0485.
    In the Federal Register of March 16, 2011 (76 FR 14405), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received from the public.

    Dated: August 2, 2011.
David Dorsey,
Acting Associate Commissioner for Policy and Planning.
[FR Doc. 2011-19958 Filed 8-5-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: December 21, 2009 (Volume 74, Number 243)]
[Proposed Rules]
[Page 67834-67836]
[DOCID:fr21de09-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1353; Directorate Identifier 2008-NE-46-AD]
RIN 2120-AA64

Airworthiness Directives; CFM International, S.A. CFM56-5B1/P, -
5B2/P, -5B3/P, -5B3/P1, -5B4/P, -5B5/P, -5B6/P, -5B7/P, -5B8/P, -5B9/P,
-5B1/2P, -5B2/2P, -5B3/2P, -5B3/2P1, -5B4/2P, -5B4/P1, -5B6/2P, -5B4/
2P1, and -5B9/2P Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) for CFM International, S.A. CFM56-5B series turbofan
engines. That AD currently requires reviewing exhaust gas temperature
(EGT) monitoring records to determine EGT margin deterioration, and for
airplanes where both engines have greater than 80 [deg]centigrade (C)
of EGT margin deterioration, borescope-inspecting the high-pressure
compressor (HPC) of both engines. That AD also currently requires
removing from service any engine that does not pass the borescope
inspection and, if both engines pass, removing and replacing one of the
engines with an engine that has 80 [deg]C or less of EGT margin
deterioration. That AD also currently requires continuous monitoring of
EGT margin deterioration on engines in service to prevent two engines
on an airplane from having greater than 80 [deg]C of EGT margin
deterioration. This proposed AD would require continuous monitoring of
EGT margin deterioration, removing FADEC software version 5.B.Q and
earlier versions from the engine as mandatory terminating action to the
repetitive recalculating and EGT monitoring for certain engine models,
and removing other certain engine models from service if the EGT margin
deterioration is greater than 75 [deg]C. This proposed AD results from
the need to reduce the affected engine models listed in AD 2009-01-01
from 25 to 19, the need to reduce the engine EGT margin deterioration
removal threshold from greater than 80 [deg]C to greater than 75
[deg]C, the need to mandate a terminating action to the repetitive
recalculating and EGT monitoring for certain engines, and the need to
remove certain engines from service if the EGT margin deterioration is
greater than 75 [deg]C. We are proposing this AD to prevent HPC stalls,
which could prevent continued safe flight or landing.

DATES: We must receive any comments on this proposed AD by February 19,
2010.

ADDRESSES: Use one of the following addresses to comment on this
proposed AD.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: James Rosa, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments regarding this proposal. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2008-1353; Directorate
Identifier 2008-NE-46-AD'' in the subject line of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the proposed AD. We will consider
all comments received by the closing date and may amend the proposed AD
in light of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this proposed AD. Using the search
function of the Web site, anyone can find and read the comments in any
of our dockets, including, if provided, the name of the individual who
sent the comment (or signed the comment on behalf of an association,
business, labor union, etc.). You may review the DOT's complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (65
FR 19477-78).

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
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
the same as the Mail address provided in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

Discussion

    The FAA proposes to amend 14 CFR part 39 by superseding AD 2009-01-
01, Amendment 39-15779 (73 FR 80296, December 31, 2008). That AD
requires reviewing EGT monitoring records to determine EGT margin
deterioration, and, for airplanes where both engines have greater than
80 [deg]C of EGT margin deterioration, borescope-inspecting the HPC of
both engines. That AD also currently requires removing from service any
engine that does not pass the borescope inspection, and if both engines
pass, removing and replacing one of the engines with an engine that has
80 [deg]C or less EGT margin deterioration. That AD also currently
requires continuous monitoring of EGT margin deterioration on engines
in service, to prevent two engines on an airplane from having greater
than 80 [deg]C of EGT margin deterioration. That AD was the result of
an Airbus A321 airplane powered by CFM56-5B1/P turbofan engines with
severe HPC deterioration, that stalled during climb out after takeoff.
That condition, if not corrected, could result in HPC stalls, which
could prevent continued safe flight or landing.

Actions Since AD 2009-01-01 Was Issued

    Since AD 2009-01-01 was issued, we determined that engine models
CFM56-5B1, -5B2, -5B4, -5B5, -5B6, and -5B7, which were listed in that
AD, are not affected by the unsafe condition. Also, CFM International,
S.A. has released a FADEC software version that addresses the HPC stall
problem for certain engine models. We also determined that we

need to reduce the engine EGT margin deterioration removal threshold
from greater than 80 [deg]C to greater than 75 [deg]C. Reducing this
removal threshold will provide additional margin to assure that an
engine stall will not occur. Also, we have determined the need to
require a mandatory terminating action to the repetitive EGT monitoring
required by that AD and this proposed AD, for CFM56-5B1/P, -5B2/P, -
5B3/P, -5B3/P1, -5B4/P, -5B5/P, -5B6/P, -5B7/P, -5B8/P, -5B9/P, and -
5B4/P1 turbofan engines. Also, we have determined the need to remove
CFM56-5B1/2P, -5B2/2P, -5B3/2P, -5B3/2P1, -5B4/2P, -5B4/2P1, -5B6/2P
and -5B9/2P turbofan engines from service if the EGT margin
deterioration is greater than 75 [deg]C.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other products
of this same type design. For that reason, we are proposing this AD,
for CFM International, S.A. CFM56-5B1/P, -5B2/P, -5B3/P, -5B3/P1, -5B4/
P, -5B4/P1, -5B5/P, -5B6/P, -5B7/P, -5B8/P, and -5B9/P turbofan engines
with FADEC software version 5.B.Q. or any earlier version installed, to
require the following:
     On the effective date of this proposed AD, and at any time
after the effective date of the proposed AD, you are to monitor and
calculate EGT margin deterioration; and
     As mandatory terminating action to the repetitive
recalculating and monitoring of EGT margin deterioration, you are to
remove FADEC software version 5.B.Q and earlier versions from certain
engines that have greater than 75 [deg]C of EGT margin deterioration
within 150 additional cycles-in-service (CIS); and
     As mandatory terminating action to the repetitive
recalculating and monitoring of EGT margin deterioration, you are to
remove FADEC software version 5.B.Q and earlier versions from certain
engines that have less than or equal to 75 [deg]C of EGT margin
deterioration within 900 additional CIS.
    We are also proposing this AD, for CFM International, S.A. CFM56-
5B1/2P, -5B2/2P, -5B3/2P, -5B3/2P1, -5B4/2P, -5B4/2P1, -5B6/2P, and -
5B9/2P turbofan engines to require the following:
     On the effective date of this proposed AD, and at any time
after the effective date of this proposed AD, you are to monitor and
calculate EGT margin deterioration; and
     You are to remove engines from service that have greater
than 75 [deg]C of EGT margin deterioration within 150 additional CIS.
    We are also proposing this AD to remove engine models CFM56-5B1, -
5B2, -5B4, -5B5, -5B6, and -5B7 from the applicability.

Costs of Compliance

    We estimate that this proposed AD would affect 397 engines
installed on airplanes of U.S. registry. We also estimate that it would
take about one work-hour to install FADEC software. The average labor
rate is $80 per work-hour. There are no required parts costs. Based on
these figures, we estimate the total cost of the proposed AD to U.S.
operators to be $31,760.

Interim Actions

    These actions are interim actions and we anticipate further
rulemaking actions in the future, including further action to address
the remaining engines in service that are above 75 [deg]C of EGT margin
deterioration.

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed 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); and
    3. Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD. See the ADDRESSES section for a location
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Under the authority delegated to me by the Administrator, the
Federal Aviation Administration proposes to amend 14 CFR part 39 as
follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-15779 (73 FR
80296, December 31, 2008) and by adding a new airworthiness directive
to read as follows:

CFM International, S.A.: Docket No. FAA-2008-1353; Directorate
Identifier 2008-NE-46-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive
comments on this airworthiness directive (AD) action by February 19,
2010.

Affected ADs

    (b) This AD supersedes AD 2009-01-01, Amendment 39-15779.

Applicability

    (c) This AD applies to CFM International, S.A. CFM56-5B1/P, -
5B2/P, -5B3/P, -5B3/P1, -5B4/P, -5B5/P, -5B6/P, -5B7/P, -5B8/P, -
5B9/P, -5B1/2P, -5B2/2P, -5B3/2P, -5B3/2P1, -5B4/2P, -5B4/P1, -5B6/
2P, -5B4/2P1, and -5B9/2P turbofan engines. These engines are
installed on, but not limited to, Airbus A318, A319, A320, and A321
series airplanes.

Unsafe Condition

    (d) This AD results from the need to reduce the affected engine
models listed in AD 2009-01-01 from 25 to 19, the need to reduce the
engine EGT margin deterioration removal threshold from greater than
80 [deg]C to greater than 75 [deg]C, the need to mandate a
terminating action to the repetitive recalculating and EGT
monitoring for certain engines, and the need to remove certain
engines from service if the EGT margin

deterioration is greater than 75 [deg]C. We are issuing this AD to
prevent high-pressure compressor stalls, which could prevent
continued safe flight or landing.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified unless the
actions have already been done.
    (f) On the effective date of this AD, and at any time after the
effective date of this AD, for CFM International, S.A. CFM56-5B1/P,
-5B2/P, -5B3/P, -5B3/P1, -5B4/P, -5B4/P1, -5B5/P, -5B6/P, -5B7/P, -
5B8/P and -5B9/P turbofan engines:
    (1) Monitor and calculate engine EGT margin deterioration.
Guidance on calculating EGT margin deterioration can be found in CFM
International, S.A. Alert Service Bulletin no. CFM56-5B S/B 72-
A0722, Revision 1, dated March 20, 2009.
    (2) As mandatory terminating action to the repetitive
recalculating and monitoring of EGT margin deterioration, remove
FADEC software version 5.B.Q and earlier versions from engines that
have greater than 75 [deg]C of EGT margin deterioration within 150
additional cycles-in-service (CIS).
    (3) As mandatory terminating action to the repetitive
recalculating and monitoring of EGT margin deterioration, remove
FADEC software version 5.B.Q and earlier versions from engines that
have less than or equal to 75 [deg]C of EGT margin deterioration
within 900 additional CIS.
    (g) On the effective date of this AD, and at any time after the
effective date of this AD, for CFM International, S.A. CFM56-5B1/2P,
-5B2/2P, -5B3/2P, -5B3/2P1, -5B4/2P, -5B4/2P1, -5B6/2P and -5B9/2P
turbofan engines:
    (1) Monitor and calculate engine EGT margin deterioration.
    (2) Remove engines from service that have greater than 75 [deg]C
of EGT margin deterioration within 150 additional CIS. Do not
install an engine that has greater than 75 [deg]C of EGT margin
deterioration.

Installation Prohibition

    (h) After the effective date of this AD, do not install FADEC
software version 5.B.Q or any earlier software versions to any of
the engines affected by this AD.

Interim Actions

    (i) These actions are interim actions and we anticipate further
rulemaking actions in the future, including further action to
address the remaining engines in service that are above 75 [deg]C
deterioration of EGT margin.

Alternative Methods of Compliance (AMOCs)

    (j) The Manager, Engine Certification Office, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.

Related Information

    (k) Refer to European Aviation Safety Agency Airworthiness
Directive 2009-0088, Revision 1, dated April 28, 2009, CFM
International, S.A. Service Bulletin No. CFM56-5B S/B 73-0229,
Revision 1, dated February 26, 2009, and CFM International, S. A.
Service Bulletin No. CFM56-5B S/B 72-0722, Revision 1, dated March
20, 2009, for related information.
    (l) Contact CFM International, S.A., Technical Customer Support,
1 Neumann Way, Cincinnati, OH 45215; telephone<PHONE_NUMBER>; fax
(513) 552-3329, for a copy of the service information referenced in
this AD.
    (m) Contact James Rosa, Aerospace Engineer, Engine Certification
Office, FAA, Engine and Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803; e-mail<EMAIL_ADDRESS>
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>, for more information
about this AD.

    Issued in Burlington, Massachusetts on December 10, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E9-30219 Filed 12-18-09; 8:45 am]

BILLING CODE 4910-13-P