[Federal Register Volume 84, Number 144 (Friday, July 26, 2019)]
[Rules and Regulations]
[Pages 35990-35992]
[FR Doc No: 2019-15925]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0632]
RIN 1625-AA00

Safety Zone; Fox River, Green Bay, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the Fox River in Green Bay, WI within a
300-foot radius of a vessel being used to launch fireworks. This action
is necessary to provide for the safety of personnel, vessels, and the
marine environment from potential hazards created by a fireworks
display. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Sector Lake
Michigan.

DATES: This rule is effective on July 26, 2019 from 8 p.m. through 11
p.m.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0632 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Petty Officer Kyle Weitzell, Sector Lake Michigan
Waterways Management Division, U.S. Coast Guard; telephone 414-747-
7148, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Lake Michigan
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Captain of the Port Sector Lake
Michigan (COTP) has determined that potential safety hazards associated
with this fireworks display pose a threat to vessel traffic on the Fox
River and immediate action is needed to respond to those identified
hazards. It is impracticable to publish an NPRM because this safety
zone must be established by July 26, 2019 and there is not time for a
sufficient comment period.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the rule's objective of protecting
against potential safety hazards associated with a fireworks display
scheduled for July 26, 2019.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that
potential hazards associated with a fireworks display on July 26, 2019,
will be a safety concern for anyone within a 300-foot radius of a
vessel used to launch fireworks on the Fox River in Green Bay, WI. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone for the
duration of the fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 p.m. through 11 p.m. on
July 26, 2019. The safety zone will cover all navigable waters of the
Fox River in Green Bay, WI within 300 feet of a vessel used to launch
fireworks at latitude 44[deg]31' 4'' N, longitude 088[deg]1' 1'' W. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment for the duration of the fireworks display. No vessel
or person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and

Executive orders, and we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on size and duration
of this safety zone. This safety zone will be enforced for all
navigable waters of the Fox River within 300 feet of a vessel used to
launch fireworks for no more than three hours on one day. Additionally,
the COTP may consider, on a case-by-case basis, to allow vessels to
enter this safety zone during the enforcement period. We anticipate
that it will have minimal impact on the economy, will not interfere
with other agencies, will not adversely alter the budget of any grant
or loan recipients, and will not raise any novel legal or policy
issues. Also, the safety zone is designed to minimize its impact on
navigable waters.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting only three hours
that will prohibit entry within 300 feet of a vessel being used to
launch fireworks. It is categorically excluded from further review
under paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures 5090.1. A Record of Environmental
Consideration supporting this determination will be made available in
the docket where indicated under ADDRESSES once it is completed.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
 2. Add Sec.  165.T09-0632 to read as follows:

Sec.  165.T09-0632   Safety Zone; Fox River, Green Bay, WI.

    (a) Location. The following area is a safety zone: All navigable
waters of the Fox River in Green Bay, WI within 300 feet of a vessel
used to launch fireworks at latitude 44[deg]31' 4'' N, longitude
088[deg]1' 1'' W.
    (b) Period of enforcement. This section will be enforced from 8
p.m. through 11 p.m. on July 26, 2019.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, persons and vessels are prohibited from entering the
safety zone unless authorized by the Captain of the Port Sector Lake
Michigan (COTP) or a designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of USCG
Sector Lake Michigan.
    (2) Persons or vessels desiring to enter into or pass through the
zone must request permission from the COTP or a designated
representative. They may be contacted by VHF-FM channel 16 or by
telephone at<PHONE_NUMBER>.
    (3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement date and times
for this safety zone, as well as any emergent safety concerns that may
delay the enforcement of the zone through Broadcast Notice to Mariners,
Local Notice to Mariners, and/or actual notice.

    Dated: July 23, 2019.
T.J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Sector Lake Michigan.
[FR Doc. 2019-15925 Filed 7-25-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 236 (Thursday, December 8, 2016)]
[Notices]
[Pages 88705-88707]
[FR Doc No: 2016-29437]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0025]

Underwriters Laboratories, Inc.: Grant of Expansion of
Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces its final decision to expand
the scope of recognition for Underwriters Laboratories, Inc., as a
Nationally Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on
December 8, 2016.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone:
(202) 693-2110; email<EMAIL_ADDRESS>OSHA's Web page includes
information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of
recognition of Underwriters Laboratories, Inc. (UL), as an NRTL. UL's
expansion covers the addition of twenty-five test standards to its
scope of recognition.
    OSHA recognition of an NRTL signifies that the organization meets
the requirements specified by 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
properly approved by the NRTL to meet OSHA standards that require
testing and certification of the products.
    The Agency processes applications by an NRTL for initial
recognition, or for expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding and, in the second
notice, the Agency provides its final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational Web page

for each NRTL that details its scope of recognition. These pages are
available from the Agency's Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    UL submitted an application, dated June 30, 2015, (OSHA-2009-0025-
0017) to expand its recognition to include twenty-five additional test
standards. OSHA staff performed a detailed analysis of the application
packet and reviewed other pertinent information. OSHA performed an on-
site review in relation to this application on April 4-5, 2016.
    OSHA published the preliminary notice announcing UL's expansion
application in the Federal Register on September 14, 2016 (81 FR
63229). The Agency requested comments by September 29, 2016, but it
received no comments in response to this notice. OSHA now is proceeding
with this final notice to grant expansion of UL's scope of recognition.
    To obtain or review copies of all public documents pertaining to
the UL's application, go to www.regulations.gov or contact the Docket
Office, Occupational Safety and Health Administration, U.S. Department
of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC
20210. Docket No. OSHA-2009-0025 contains all materials in the record
concerning UL's recognition.

II. Final Decision and Order

    OSHA staff examined UL's expansion application, its capability to
meet the requirements of the test standards, and other pertinent
information. Based on its review of this evidence, OSHA finds that UL
meets the requirements of 29 CFR 1910.7 for expansion of its
recognition, subject to the conditions listed below. OSHA, therefore,
is proceeding with this final notice to grant UL's scope of
recognition. OSHA limits the expansion of UL's recognition to testing
and certification of products for demonstration of conformance to the
test standards listed in Table 1 below.

   Table 1--List Appropriate Test Standards for Inclusion in UL's NRTL
                          Scope of Recognition
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
ISA 60079-0.......................  Explosive Atmospheres--Part 0:
                                     Equipment--General Requirements.
ISA 60079-1.......................  Explosive Atmospheres--Part 1:
                                     Equipment Protection by Flameproof
                                     Enclosures ``d''.
ISA 60079-2.......................  Explosive Atmospheres--Part 2:
                                     Equipment Protection by Flameproof
                                     Enclosures ``p''.
ISA 60079-5.......................  Explosive Atmospheres--Part 5:
                                     Equipment Protection by Powder
                                     Filling ``q''.
ISA 60079-6.......................  Explosive Atmospheres--Part 6:
                                     Equipment Protection by Oil
                                     Immersion ``o''.
ISA 60079-7.......................  Explosive Atmospheres--Part 7:
                                     Equipment Protection by Increased
                                     Safety ``e''.
ISA 60079-11......................  Explosive Atmospheres--Part 11:
                                     Equipment Protection by Intrinsic
                                     Safety ``i''.
ISA 60079-15......................  Explosive Atmospheres--Part 15:
                                     Equipment Protection by Type of
                                     Protection ``n''.
ISA 60079-18......................  Explosive Atmospheres--Part 18:
                                     Equipment Protection by
                                     Encapsulation ``m''.
ISA 60079-26......................  Explosive Atmospheres--Part 26:
                                     Equipment for Use in Class I, Zone
                                     0 Hazardous (Classified) Locations.
ISA 60079-28......................  Explosive Atmospheres--Part 28:
                                     Protection of Equipment and
                                     Transmission Systems Using Optical
                                     Radiation, Edition 1.1.
ISA 60079-31......................  Explosive Atmospheres--Part 31:
                                     Equipment Dust Ignition Protection
                                     by Enclosure ``t''.
ISA 61241-0.......................  Electrical Apparatus for Use in Zone
                                     20, Zone 21 and Zone 22 Hazardous
                                     (Classified) Locations--General
                                     Requirements.
ISA 61241-1.......................  Electrical Apparatus for Use in Zone
                                     21 and Zone 22 Hazardous
                                     (Classified) Locations--Protection
                                     by Enclosures ``tD''.
ISA 61241-2.......................  Electrical Apparatus for Use in Zone
                                     21 and Zone 22 Hazardous
                                     (Classified) Locations--Protection
                                     by Pressurization ``pD''.
ISA 61241-11......................  Electrical Apparatus for Use in Zone
                                     20, Zone 21 and Zone 22 Hazardous
                                     (Classified) Locations--Protection
                                     by Intrinsic Safety ``iD''.
ISA 61241-18......................  Electrical Apparatus for Use in Zone
                                     20, Zone 21 and Zone 22 Hazardous
                                     (Classified) Locations--Protection
                                     by Encapsulation ``mD''.
ANSI/UL 60079-0...................  Explosive Atmospheres--Part 0:
                                     Equipment--General Requirements.
ANSI/UL 60079-1...................  Explosive Atmospheres--Part 1:
                                     Equipment Protection by Flameproof
                                     Enclosures ``d''.
ANSI/UL 60079-5...................  Explosive Atmospheres--Part 5:
                                     Equipment Protection by Powder
                                     Filling ``q''.
ANSI/UL 60079-6...................  Explosive Atmospheres--Part 6:
                                     Equipment Protection by Oil
                                     Immersion ``o''.
ANSI/UL 60079-7...................  Explosive Atmospheres--Part 7:
                                     Equipment Protection by Increased
                                     Safety ``o''.
ANSI/UL 60079-11..................  Explosive Atmospheres--Part 11:
                                     Equipment Protection by Intrinsic
                                     Safety ``i''.
ANSI/UL 60079-15..................  Explosive Atmospheres--Part 15:
                                     Equipment Protection by Type of
                                     Protection ``n''.
ANSI/UL 60079-18..................  Explosive Atmospheres--Part 18:
                                     Equipment Protection by
                                     Encapsulation ``m''.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, an
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the
test standards listed above as American National Standards. However,
for convenience, we may use the designation of the standards-developing
organization for the standard as opposed to the ANSI designation. Under
the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C,
paragraph XIV), any NRTL recognized for a particular test standard may
use either the proprietary version of the test standard or the ANSI
version of that standard. Contact ANSI to determine whether a test
standard is currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7,
UL must abide by the following conditions of the recognition:
    1. UL must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in its operations as an NRTL, and provide details of the
change(s);
    2. UL must meet all the terms of its recognition and comply with
all OSHA policies pertaining to this recognition; and

    3. UL must continue to meet the requirements for recognition,
including all previously published conditions on UL's scope of
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the
scope of recognition of UL, subject to the limitation and conditions
specified above.

III. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on December 2, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-29437 Filed 12-7-16; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Proposed Rules]
[Pages 31249-31252]
[FR Doc No: 2019-13887]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0500; Product Identifier 2019-NM-078-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A310 series airplanes. This proposed AD was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. This proposed AD would require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. The FAA
is proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 15,
2019.

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--EAW, Rond-Point Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; phone: +33 5 61 93 36 96; fax: +33 5 61 93 44
51; email<EMAIL_ADDRESS>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 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-2019-
0500; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South

216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0500;
Product Identifier 2019-NM-078-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
    The FAA will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact we receive about this NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2019-0091, dated April 26, 2019 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus SAS Model A310 series
airplanes. The MCAI states:

    The airworthiness limitations for Airbus A310 aeroplanes, which
are approved by EASA, are currently defined and published in the
A310 [Airworthiness Limitations Section] ALS document(s). The Damage
Tolerant Airworthiness Limitation Items (DT ALI) are published in
ALS Part 2.
    Failure to accomplish these instructions could result in an
unsafe condition.
    Previously, EASA issued AD 2017-0206 [which corresponds to FAA
AD 2018-19-31, Amendment 39-19432 (83 FR 48930, September 28, 2018)
(``AD 2018-19-31'')] to require accomplishment of all DT ALI
maintenance tasks as described in the Airbus A310 ALS Part 2 at
Revision 02.
    Since that [EASA] AD was issued, Airbus published the ALS,
including new and/or more restrictive requirements.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2017-0206, which is superseded, and requires
accomplishment of the actions specified in the ALS.

    The unsafe condition is fatigue cracking, damage, or corrosion in
principal structural elements, which could result in reduced structural
integrity of the airplane. 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-2019-0500.

Relationship Between Proposed AD and AD 2018-19-31

    This NPRM does not propose to supersede AD 2018-19-31. Rather, we
have determined that a stand-alone AD is more appropriate to address
the changes in the MCAI. This proposed AD would require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations.
Accomplishment of the proposed actions would then terminate all of the
requirements of AD 2018-19-31.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Airbus A310 Airworthiness Limitations Section
(ALS) Part 2, Damage Tolerant Airworthiness Limitation Items (DT-ALI),
Revision 03, dated December 14, 2018 (``Airbus A310 ALS Part 2, DT-ALI,
Revision 03''), as supplemented by Airbus A310 ALS Part 2, Damage
Tolerant Airworthiness Limitation Items (DT-ALI), Variation 3.1, Issue
01, dated December 20, 2018 (``Airbus A310 ALS Part 2, DT-ALI,
Variation 3.1, Issue 01''). Airbus A310 ALS Part 2, DT-ALI, Revision
03, describes mandatory maintenance tasks that operators must perform
at specified intervals. Airbus A310 ALS Part 2, DT-ALI, Variation 3.1,
Issue 01, describes additional mandatory maintenance tasks related to
wide-spread fatigue damage that operators must perform at specified
intervals. 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

    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, the FAA
has been notified of the unsafe condition described in the MCAI and
service information referenced above. The FAA is proposing this AD
because the agency evaluated all the relevant information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(j)(1) of this proposed AD.

Differences Between This Proposed AD and the MCAI or Service
Information

    The MCAI specifies that, if there are findings from the
airworthiness limitations section (ALS) inspection tasks, corrective
actions must be accomplished in accordance with Airbus maintenance
documentation. However, this proposed AD does not include that
requirement. Operators of U.S.-registered airplanes are required by
general airworthiness and operational regulations to perform
maintenance using methods that are acceptable to the FAA. The FAA
considers those methods to be adequate to address any corrective
actions necessitated by the findings of ALS inspections required by
this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 4 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this
proposed AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the FAA recognizes that this number may vary from operator to
operator. In the past, the FAA has estimated that this action takes 1
work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more

detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    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 and associated appliances 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) Will not affect intrastate aviation in Alaska; and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus SAS: Docket No. FAA-2019-0500; Product Identifier 2019-NM-
078-AD.

(a) Comments Due Date

    The FAA must receive comments by August 15, 2019.

(b) Affected ADs

    This AD affects AD 2017-21-08, Amendment 39-19079 (82 FR 48904,
October 23, 2017) (``AD 2017-21-08''); and AD 2018-19-31, Amendment
39-19432 (83 FR 48930, September 28, 2018) (``AD 2018-19-31'').

(c) Applicability

    This AD applies to Airbus SAS Model A310-203, -204, -221, -222,
-304, -322, -324, and -325 airplanes, certificated in any category,
all manufacturer serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking, damage, or corrosion in
principal structural elements, which could result in reduced
structural integrity of the airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Airbus A310 Airworthiness
Limitations Section (ALS), Part 2, Damage Tolerant Airworthiness
Limitation Items (DT-ALI), Revision 03, dated December 14, 2018
(``Airbus A310 ALS Part 2, DT-ALI, Revision 03''), as supplemented
by Airbus A310 Airworthiness ALS, Part 2, Damage Tolerant
Airworthiness Limitation Items (DT-ALI), Variation 3.1, Issue 01,
dated December 20, 2018 (``Airbus A310 ALS Part 2, DT-ALI, Variation
3.1, Issue 01''). The initial compliance time for doing the tasks is
at the time specified in Airbus A310 ALS Part 2, DT-ALI, Revision
03, as supplemented by Airbus A310 ALS Part 2, DT-ALI, Variation
3.1, Issue 01; or within 90 days after the effective date of this
AD; whichever occurs later.

(h) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions and intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (j)(1) of this AD.

(i) Terminating Action for AD 2017-21-08 and AD 2018-19-31

    Accomplishing the actions required by this AD terminates all
requirements of AD 2017-21-08 and AD 2018-19-31.

(j) Other FAA AD Provisions

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

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2019-0091, dated April 26, 2019, 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-2019-0500.

    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email<EMAIL_ADDRESS>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 Des Moines, Washington, on June 21, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-13887 Filed 6-28-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Notices]
[Page 11617]
[FR Doc No: 2012-4618]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

PGI Energy, Inc.; Order of Suspension of Trading

February 23, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
PGI Energy, Inc. f/k/a Tensas, Inc. (``PGI Energy'') because of
questions regarding the accuracy and adequacy of representations by PGI
Energy in press releases and other public statements concerning the
company's business activities and contracts, and the nature and timing
of a dividend the company announced to shareholders. PGI Energy is
quoted on OTC Link operated by OTC Markets Group, Inc. under the ticker
symbol ``PGIE.''
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company is suspended for the period from 9:30 a.m. EST, on
February 23, 2012 through 11:59 p.m. EST, on March 7, 2012.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-4618 Filed 2-23-12; 11:15 am]
BILLING CODE 8011-01-P