[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Rules and Regulations]
[Pages 67303-67307]
[FR Doc No: 2021-25703]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0197; Project Identifier 2018-SW-107-AD; Amendment
39-21789; AD 2021-22-16]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Airbus Helicopters Model EC 155B and EC155B1 helicopters. This AD was
prompted by the failure of a main gearbox (MGB) second stage planet
gear. This AD requires replacing the MGB, or as an alternative,
replacing the epicyclic reduction gear module for certain serial
numbered planet gear assemblies installed on the MGB. This AD also
requires inspecting the MGB magnetic plugs and MGB filter for
particles, and for certain serial-numbered planet gear assemblies,
inspecting the oil sump for particles. Depending on the outcome of
these inspections, this AD requires further inspections and replacing
certain parts. This AD also prohibits installing certain parts. The FAA
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 3, 2022.
    The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of January 3, 2022.

ADDRESSES: For service information identified in this final rule,
contact Airbus Helicopters, 2701 North Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>;
or at https://www.airbus.com/helicopters/services/technical-support.html. You may view the referenced service information at the
FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood
Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. Service
information

that is incorporated by reference is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0197.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0197; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
European Aviation Safety Agency (now European Union Aviation Safety
Agency) (EASA) AD, any comments received, and other information. The
street address for Docket Operations is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Rao Edupuganti, Aerospace Engineer,
Dynamic Systems Section, Technical Innovation Policy Branch, Policy &
Innovation Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to Airbus Helicopters
Model EC 155B and EC155B1 helicopters. The NPRM published in the
Federal Register on July 22, 2021 (86 FR 38608). In the NPRM, the FAA
proposed to require for helicopters with at least one Type Y planet
gear assembly with a certain serial number (S/N) installed, or at least
one Type Z planet gear assembly with a certain S/N installed, within 10
hours time-in-service (TIS) after the effective date of the AD and
thereafter at intervals not to exceed 10 hours TIS, inspecting the MGB
magnetic plugs for particles. If there are particles, the NPRM proposed
to require further inspections and analyses and replacing the MGB,
depending on the type and the size of the particles.
    The NPRM also proposed to require for helicopters with a Type Y
planet gear assembly with a certain S/N installed, within 25 hours TIS
after the effective date of the AD, inspecting the MGB filter for
particles. If there are particles, the NPRM proposed to require further
inspections and analyses and replacing the MGB, depending on the type
and the size of the particles. The NPRM proposed to require for
helicopters with at least one Type Y planet gear assembly with a
certain S/N installed, within 50 hours TIS after the effective date of
the AD, replacing the MGB. As an alternative to replacing the MGB, the
NPRM would allow replacing the epicyclic reduction gear in the affected
MGB.
    Additionally, the NPRM proposed to require, for helicopters without
any Type Y planet gear assembly but at least one Type Z planet gear
assembly with a certain S/N installed, replacing the MGB within 50
hours TIS after the effective date of the AD or before any planet gear
assembly accumulates 1,800 total hours TIS, whichever occurs later. As
an alternative to replacing the MGB, the NPRM would allow replacing the
epicyclic reduction gear in the affected MGB.
    The NPRM also proposed to require, for helicopters with at least
one Type Z planet gear with a certain S/N installed, within certain
compliance times specified in the figures in this AD, inspecting the
MGB filter and inspecting the oil sump for particles. If there are
particles, the NPRM proposed to require further inspections and
analyses, and replacing the MGB, depending on the type and the size of
the particles.
    The NPRM also proposed to prohibit installing an MGB with a certain
serial numbered Type Y planet gear assembly and proposed to prohibit
installing a Type Y planet gear assembly with a certain S/N on any
helicopter.
    Additionally, the NPRM proposed to prohibit installing certain
serial numbered Type Z planet gear assemblies that have accumulated
1,800 or more total hours TIS and prohibit installing an MGB with
certain serial numbered Type Z planet gear assemblies that have
accumulated 1,800 or more total hours TIS.
    Finally, the NPRM proposed to prohibit installing an MGB if the
type of the planet gear assembly cannot be determined and also prohibit
installing any planet gear assembly if the type cannot be determined.
    The NPRM was prompted by EASA AD 2018-0263, dated December 7, 2018
(EASA AD 2018-0263), issued by EASA, which is the Technical Agent for
the Member States of the European Union, to correct an unsafe condition
for Airbus Helicopters Model EC 155 B and EC 155 B1 helicopters. EASA
advises that after an accident on a Model EC225 helicopter, an
investigation revealed the failure of an MGB second stage planet gear.
EASA states that one of the two types of planet gear used in the MGB
epicyclic module is subject to higher outer race contact pressures and
therefore is more susceptible to spalling and cracking. This condition,
if not addressed, could result in failure of a MGB planet gear
assembly, failure of the MGB, and subsequent loss of helicopter
control.
    Accordingly, EASA AD 2018-0263 requires repetitive inspections of
the MGB magnetic plugs, the MGB filer, and the oil sump for particles,
and depending on the results of those inspections, removing or
replacing certain parts. EASA AD 2018-0263 also requires reducing the
life limit of Type Z planet gear assemblies. EASA AD 2018-0263 also
requires, if certain gear assemblies are installed, either replacing
the MGB or replacing the epicyclic reduction gear. Finally, EASA AD
2018-0263 prohibits installing a Type Y planet gear assembly or an MGB
with a Type Y planet gear assembly on any helicopter.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from one commenter. The following
presents the comments received on the NPRM and the FAA's response.

Request to Revise the Required Actions Section of the NPRM

    Airbus Helicopters Inc., requested that the FAA revise the Required
Actions section of this AD dealing with the 25 hours TIS inspection for
the oil sump (also referred to as inspecting the bottom housing of the
MGB) by removing that repetitive inspection and explained that some of
the proposed actions are unclear and not in line with the original
equipment manufacturer's (OEM) service information. The commenter also
provided an example of a similar AD, AD 2021-12-06, Amendment 39-21593
(86 FR 31612, June 15, 2021) (AD 2021-12-06), stating that AD 2021-12-
06 is clear in explaining both the required repetitive actions and the
limits provided by the OEM for the MGB oil filter inspection after
finding particle(s) on the chip detector. The commenter stated that, as
written, the proposed actions would create extra work, which could lead
to an unwanted condition exposing the dynamic component to possible
contamination and possibly foreign object debris.
    The FAA agrees that the repetitive 25 hours TIS oil sump inspection
for Type Y planet gears is not necessary and has revised paragraph
(g)(1) of the Required Actions section in this final rule by deleting
this inspection.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and

determined that air safety and the public interest require adopting
this AD as proposed, except for the change described previously,
updating the service information for the optional replacement of the
epicyclic reduction gear module in paragraphs (g)(3) and (4) of this
AD, and for clarity, deleting the corrective actions when there are no
16NCD13 particles. The FAA has determined that these changes will not
increase the economic burden on any operator or increase the scope of
this final rule.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Airbus Helicopters Alert Service Bulletin ASB No.
EC155-05A034, Revision 5, dated December 4, 2018 (ASB EC155-05A34 Rev
5) for Model EC 155 helicopters, which specifies periodic inspections
of the MGB magnetic plugs, the MGB filter, and the oil sump for
particles. ASB EC155-05A34 Rev 5 also specifies identifying the type of
gear assembly installed in the MGB and replacing any Type Y planet gear
assembly within 50 hours TIS. For Type Z gear assemblies that have
logged less than 1,800 hours TIS since new, this service information
specifies replacing the gear assembly before exceeding 1,800 total
hours TIS, and for Type Z gear assemblies that have logged 1,800 or
more total hours TIS, replacing the gear assembly within 600 hours TIS.
    The FAA also reviewed Airbus Helicopters Service Bulletin SB No.
EC155-63-016, Revision 5, dated March 6, 2019, for Model EC 155
helicopters. This service information specifies procedures for
replacing the MGB epicyclic reduction gear without removing the MGB.
    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.

Interim Action

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

Differences Between This AD and EASA AD 2018-0263

    EASA AD 2018-0263 specifies compliance times based on flight hours
and calendar dates. This AD sets compliance times based on hours TIS or
before further flight. EASA AD 2018-0263 allows a pilot to inspect the
MGB magnetic plugs for particles, while this AD does not. For
helicopters with at least one affected Type Z planet gear assembly that
has accumulated 1,800 or more total hours TIS installed, EASA AD 2018-
0263 requires replacing the MGB or epicyclic reduction gear within 600
flight hours after March 16, 2018, whereas this AD requires either of
those replacements within 50 hours TIS after the effective date of this
AD instead. If 16NCD13 particles are present, EASA AD 2018-0263
requires taking a 1 liter sample of oil and returning it to Airbus
Helicopters and removing the MGB for depot-level inspection, whereas
this AD requires replacing the MGB instead.

Costs of Compliance

    The FAA estimates that this AD affects 14 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
    Inspecting the magnetic plugs for particle deposits takes about 1
work-hour for an estimated cost of $85 per helicopter per inspection
cycle.
    Inspecting the MGB filter or oil sump for particle deposits takes
about 1 work-hour for an estimated cost of $85 per helicopter per
inspection cycle.
    Replacing an MGB takes about 42 work-hours, and parts cost about
$295,000 (overhauled) for an estimated total cost of $298,570 per
helicopter.
    Replacing the epicyclic reduction gear takes about 56 work-hours
and parts cost about $11,404 for an estimated total cost of $16,164 per
helicopter.

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 helicopters identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2021-22-16 Airbus Helicopters: Amendment 39-21789; Docket No. FAA-
2021-0197; Project Identifier 2018-SW-107-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective January 3, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model EC 155B and EC155B1
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6300, Main Rotor
Drive System.

(e) Unsafe Condition

    This AD was prompted by the failure of a main gearbox (MGB)
second stage planet gear. The FAA is issuing this AD to prevent
failure of an MGB planet gear assembly. The unsafe condition, if not
addressed, could result in failure of the MGB and subsequent loss of
helicopter control.

(f) Compliance

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

(g) Required Actions

    (1) For helicopters with at least one Type Y planet gear
assembly with a serial number (S/N) listed in Appendix 4.A. of
Airbus Helicopters Alert Service Bulletin ASB No. EC155-05A034,
Revision 5, dated December 4, 2018 (ASB EC155-05A034 Rev 5) or with
at least one Type Z planet gear assembly with an S/N listed in
Appendix 4.B. of ASB EC155-05A034 Rev 5 installed, within 10 hours
time-in-service (TIS) after the effective date of this AD, and
thereafter at intervals not to exceed 10 hours TIS, inspect the MGB
magnetic plugs for particles. If there are any particles that
consist of any scale, flake, splinter, or other particle other than
cotter pin fragments, pieces of lock wire, swarf, abrasion, or
miscellaneous non-metallic waste, and any of the planet gears have
accumulated less than 50 total hours TIS, before further flight,
inspect the MGB filter for particles. Thereafter, for 25 hours TIS,
continue to inspect the MGB plugs for particles before each flight,
inspect the MGB filter for particles at intervals not to exceed 25
hours TIS, and inspect the cumulative surface area of the particles
collected from the magnetic plugs, the MGB filter, since last MGB
overhaul, or since new if no overhaul has been performed.
    Note 1 to the introductory text of paragraph (g)(1): Airbus
Helicopters service information refers to an MGB filter as an oil
filter.
    (i) If the total surface area of the particles is less than 3
mm\2\, examine the particles with the largest surface area (S),
greatest length (L), and greatest thickness (e).
    (A) If any (S) of all of the particles is less than or equal to
1 mm\2\, the (L) is less than or equal to 1.5 mm, and the (e) is
less than or equal to 0.2 mm, inspect the MGB plugs for particles
before further flight, and inspect the MGB filter for particles
within 25 hours TIS. Thereafter:
    (1) For 25 hours TIS, continue to inspect the MGB plugs for
particles before each flight and perform the actions required by
paragraphs (g)(1)(i) and (ii) of this AD.
    (2) Inspect the MGB filter for particles at intervals not to
exceed 25 hours TIS and perform the actions required by paragraphs
(g)(1)(i) and (ii) of this AD.
    (B) If any (S) is greater than 1 mm\2\, (L) is greater than 1.5
mm, or (e) is greater than 0.2 mm, perform a metallurgical analysis
for any 16NCD13 particles, using a method in accordance with FAA-
approved procedures.
    (C) If there are any 16NCD13 particles, before further flight,
replace the MGB with an airworthy MGB.
    (ii) If the total surface area of collected particles is greater
than or equal to 3 mm\2\, before further flight, perform a
metallurgical analysis for any 16NCD13 particles using a method in
accordance with FAA-approved procedures. If there are any 16NCD13
particles, before further flight, replace the MGB with an airworthy
MGB.
    (2) For helicopters with at least one Type Y planet gear
assembly with an S/N listed in Appendix 4.A. of ASB EC155-05A034 Rev
5 installed, within 25 hours TIS after the effective date of this
AD, inspect the MGB filter for particles. If there are any particles
that consist of any scale, flake, splinter, or particle other than
cotter pin fragments, pieces of lock wire, swarf, abrasion, or
miscellaneous non-metallic waste, and any of the planet gears have
accumulated more than 50 total hours TIS, before further flight,
perform the actions required by paragraphs (g)(1)(i) and (ii) of
this AD.
    (3) For helicopters with at least one Type Y planet gear
assembly with an S/N listed in Appendix 4.A. of ASB EC155-05A034 Rev
5 installed, within 50 hours TIS after the effective date of this
AD, replace the MGB or as an alternative to replacing an affected
MGB, replace the epicyclic reduction gear module in the affected MGB
in accordance with paragraph 3.B.2. of the Accomplishment
Instructions of Airbus Helicopters Service Bulletin SB No. EC155-63-
016, Revision 5, dated March 6, 2019 (SB EC155-63-016 Rev 5), except
you are not required to contact Airbus Helicopters.
    (4) For helicopters without any Type Y planet gear assembly
installed but with at least one Type Z planet gear assembly with an
S/N listed in Appendix 4.B. of ASB EC155-05A034 Rev 5 installed,
within 50 hours TIS after the effective date of this AD, or before
any gear accumulates 1,800 total hours TIS, whichever occurs later,
replace the MGB or as an alternative to replacing an affected MGB,
replace the epicyclic reduction gear module in the affected MGB in
accordance with paragraph 3.B.2. of the Accomplishment Instructions
of SB EC155-63-016 Rev 5, except you are not required to contact
Airbus Helicopters.
    (5) For helicopters with at least one Type Z planet gear
assembly with an S/N listed in Appendix 4.B. of ASB EC155-05A034 Rev
5 installed, inspect the MGB filter for particles within the
compliance times specified in Figure 1 to paragraph (g)(5) of this
AD and inspect the oil sump for particles within the compliance
times specified in Figure 2 to paragraph (g)(5) of this AD, based on
the total hours TIS accumulated by the Type Z planet gear with the
most total hours TIS accumulated since first installation in an MGB.
If there are particles, before further flight, perform the actions
required by paragraphs (g)(1)(i) and (ii) of this AD.

                      Figure 1 to Paragraph (g)(5)
------------------------------------------------------------------------
                                    Compliance time     Compliance time
   Total hours TIS accumulated       for  initial       for repetitive
                                      inspection          inspections
------------------------------------------------------------------------
Less than 400 total hours TIS...  Within 55 hours     Within 55 hours
                                   TIS after the       TIS.
                                   effective date of
                                   this AD.
400 or more total hours TIS.....  Within 25 hours     Within 25 hours
                                   TIS after the       TIS.
                                   effective date of
                                   this AD.
------------------------------------------------------------------------

                      Figure 2 to Paragraph (g)(5)
------------------------------------------------------------------------
                                    Compliance time     Compliance time
   Total hours TIS accumulated       for  initial       for repetitive
                                      inspection          inspections
------------------------------------------------------------------------
Less than 400 total hours TIS...  Before exceeding    Within 55 hours
                                   400 hours TIS       TIS.
                                   after the
                                   effective date of
                                   this AD.
400 or more total hours TIS.....  Within 55 hours     Within 55 hours
                                   TIS after the       TIS.
                                   effective date of
                                   this AD.
------------------------------------------------------------------------

    (6) As of the effective date of this AD, do not install a type Y
planet gear assembly with an S/N listed in Appendix 4.A. of ASB
EC155-05A034 Rev 5 on any helicopter, and do not install an MGB with
a Type Y planet gear assembly with an S/N listed in Appendix 4.A. of
ASB EC155-05A034 Rev 5 on any helicopter.
    (7) As of the effective date of this AD, do not install a Type Z
planet gear assembly with an S/N listed in Appendix 4.B. of ASB
EC155-05A034 Rev 5 that has accumulated 1,800 or more total hours
TIS on any helicopter, and do not install an MGB with at least one
Type Z planet gear assembly with an S/N listed in Appendix 4.B. of
ASB EC155-05A034 Rev 5 that has accumulated 1,800 or more total
hours TIS on any helicopter.
    (8) As of the effective date of this AD, do not install any
planet gear on any helicopter if the planet gear assembly type
cannot be determined, and do not install any MGB on any helicopter
if any of the planet gear assembly types cannot be determined.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (i)(1) of
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    (1) For more information about this AD, contact Rao Edupuganti,
Aerospace Engineer, Dynamic Systems Section, Technical Innovation
Policy Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177;
telephone<PHONE_NUMBER>; email [email protected].
    (2) The subject of this AD is addressed in European Aviation
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD
2018-0263, dated December 7, 2018. You may view the EASA AD at
https://www.regulations.gov in Docket No. FAA-2021-0197.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Helicopters Alert Service Bulletin ASB No. EC155-
05A034, Revision 5, dated December 4, 2018.
    (ii) Airbus Helicopters Service Bulletin SB No. EC155-63-016,
Revision 5, dated March 6, 2019.
    (3) For service information identified in this AD, contact
Airbus Helicopters, 2701 North Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or
at https://www.airbus.com/helicopters/services/technical-support.html.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 19, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-25703 Filed 11-24-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 40 (Thursday, February 28, 2019)]
[Proposed Rules]
[Pages 6739-6740]
[FR Doc No: 2019-03518]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2018-0794; FRL-9989-76-OAR]
RIN 2060-AT99

National Emission Standards for Hazardous Air Pollutants: Coal-
and Oil-Fired Electric Utility Steam Generating Units--Reconsideration
of Supplemental Finding and Residual Risk and Technology Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public hearing and extension of public comment
period.

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

SUMMARY: On February 7, 2019, the Environmental Protection Agency (EPA)
published a document in the Federal Register to announce its proposed
National Emission Standards for Hazardous Air Pollutants: Coal- and
Oil-Fired Electric Utility Steam Generating Units--Reconsideration of
Supplemental Finding and Residual Risk and Technology Review. The
document also requested public comment on the proposed action. The EPA
is announcing that it will hold a public hearing to provide interested
parties the opportunity to present data, views, or arguments concerning
the proposed action. In addition, the EPA will extend the public
comment period.

DATES: Public Hearing: The EPA will hold a public hearing on March 18,
2019, in Washington, DC. The deadline for accepting written comments is
being extended by 9 days, to April 17, 2019. Please refer to the
SUPPLEMENTARY INFORMATION section for additional information on the
public hearing.

ADDRESSES: The hearing will be held at the EPA WJC East Building, 1201
Constitution Avenue NW, Room 1153, Washington, DC 20004. The hearing
will convene at 8:00 a.m. (local time) and will conclude at 6:00 p.m.
There will be a lunch break from noon to 1 p.m. The EPA's website for
this rulemaking, which includes the proposal and information about the
hearing, can be found at: https://www.epa.gov/mats/proposed-revised-supplemental-finding-and-results-residual-risk-and-technology-review.
Written comments on the proposed rule may be submitted to the EPA
electronically, by mail, facsimile, or through hand delivery/courier.
Please refer to the proposal (84 FR 2670) for the addresses and
detailed instructions.
    Because this hearing is being held at a U.S. government facility,
individuals planning to attend the hearing should be prepared to show
valid picture identification to the security staff to gain access to
the meeting room. Please note that the REAL ID Act, passed by Congress
in 2005, established new requirements for entering federal facilities.
For purposes of the REAL ID Act, the EPA will accept government-issued
IDs, including driver's licenses from the District of Columbia and all
states and territories. Acceptable alternative forms of identification
include: Federal employee badges, passports, enhanced driver's
licenses, and military identification cards. Additional information on
the REAL ID Act is available at: https://www.dhs.gov/real-id.
    Any objects brought into the building need to fit through the
security screening system, such as a purse, laptop bag, or small
backpack. Demonstrations will not be allowed on federal property for
security reasons.

FOR FURTHER INFORMATION CONTACT: The EPA will begin pre-registering
speakers for the hearing upon publication of this document in the
Federal Register. To register to speak at the hearing, please use the
online registration form available at https://www.epa.gov/mats/proposed-revised-supplemental-finding-and-results-residual-risk-and-technology-review or contact Adrian Gates at<PHONE_NUMBER> or at
<EMAIL_ADDRESS>The last day to pre-register to speak at the
hearing will be March 14, 2019. On March 15, 2019, the EPA will post at
https://www.epa.gov/mats/proposed-revised-supplemental-finding-and-results-residual-risk-and-technology-review a general agenda for the
hearing that will list pre-registered speakers in approximate order.
The EPA will make every effort to follow the schedule as closely as
possible on the day of the hearing; however, please plan for the
hearing to run either ahead of schedule or behind schedule.
    Additionally, requests to speak will be taken the day of the
hearing at the hearing registration desk. The EPA will make every
effort to accommodate all speakers who arrive and register, although
preferences on speaking times may not be able to be fulfilled.

SUPPLEMENTARY INFORMATION: Each commenter will have 5 minutes to

provide oral testimony. The EPA encourages commenters to provide the
EPA with a copy of their oral testimony electronically (via email) or
in hard copy form.
    The EPA may ask clarifying questions during the oral presentations,
but will not respond to the presentations at that time. Written
statements and supporting information submitted during the comment
period will be considered with the same weight as oral comments and
supporting information presented at the public hearing. Commenters
should notify Adrian Gates if they will need specific equipment or if
there are other special needs related to providing comments at the
hearing. Verbatim transcripts of the hearing and written statements
will be included in the docket for the rulemaking.
    Please note that any updates made to any aspect of the hearing will
be posted online at https://www.epa.gov/mats/proposed-revised-supplemental-finding-and-results-residual-risk-and-technology-review.
While the EPA expects the hearing to go forward as set forth above,
please monitor our website or contact Adrian Gates at<PHONE_NUMBER> or
<EMAIL_ADDRESS>to determine if there are any updates. The EPA
does not intend to publish a document in the Federal Register
announcing updates.
    The EPA will not provide audiovisual equipment. Commenters should
notify Adrian Gates when they pre-register to speak that they will
require the service of a translator or special accommodations such as
audio description. We may not be able to arrange accommodations without
advanced notice.

     Dated: February 25, 2019.
Panagiotis Tsirigotis,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 2019-03518 Filed 2-27-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Proposed Rules]
[Pages 26023-26025]
[FR Doc No: 2019-11613]

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

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

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

Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0401; Product Identifier 2019-NM-002-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus SAS Model A350-941 and -1041 airplanes. This proposed AD was
prompted by reports of disconnections of certain hinge arms of the bulk
cargo door (BCD) due to disbonding of the hinge arm bushes. This
proposed AD would require either modifying and re-identifying affected
BCDs or replacing affected BCDs, as specified in an European Aviation
Safety Agency (EASA) AD. We are proposing this AD to address the unsafe
condition on these products.

DATES: We must receive comments on this proposed AD by July 22, 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 the material identified in this NPRM that will be incorporated
by reference (IBR), contact EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 89990 1000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this IBR
material on the EASA website at https://ad.easa.europa.eu. You may view
this IBR material at the FAA, Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket on the internet at http://www.regulations.gov.

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-
0401; 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 (telephone 800-
647-5527) is listed above. Comments will be available in the AD docket
shortly after receipt.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0401;
Product Identifier 2019-NM-002-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM based on
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0243, dated November 8, 2018;
(``EASA AD 2018-0243'') (also referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for all Airbus SAS Model A350-941 and -1041 airplanes.
The MCAI states:

    BCD hinge arm disconnections have been reported by operators.
Hinge arm bushes were found debonded and migrated. Analysis if the
affected BCD hinge arms revealed that bonding behaviour is
downgraded by application of zinc and nickel surface protection for
bushes.
    This condition, if not corrected, could lead, in case of
ditching, to BCD opening inwards possibly resulting in reduced
floatation time.
    To address this potential unsafe condition, Airbus developed
production mod 111444, introducing two bushes at the BCD hinge arms,
to secure the bonded headed bushes in the nominal position, and
published the SB [service bulletin] to provide instructions for
embodiment in service.
    For the reason described above, this [EASA] AD requires
modification of the hinge arms of the affected BCD, and re-
identification of the affected BCD.

    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-
0401.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2018-0243 describes procedures for modifying or replacing
any affected BCD. EASA AD 2018-0243 also describes procedures for re-
identifying or installing a standard identification plate on any
modified BCD. This material is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI referenced
above. We are proposing this AD because we evaluated

all pertinent information and determined an unsafe condition exists and
is likely to exist or develop on other products of the same type
design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2018-0243, as incorporated by reference, described
previously, except for any differences identified as exceptions in the
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA worked with Airbus and EASA to develop a process to
use certain EASA ADs as the primary source of information for
compliance with requirements for corresponding FAA ADs. As a result,
EASA AD 2018-0243 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with the
provisions specified in EASA AD 2018-0243, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Service information specified in EASA AD 2018-0243 that is required for
compliance with EASA AD 2018-0243 will be available on the internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0401 after the FAA final rule is published.

Costs of Compliance

    We estimate that this proposed AD affects 11 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
9 work-hours x $85 per hour = $765...........................            * $0             $765           $8,415
----------------------------------------------------------------------------------------------------------------
* We have received no definitive data on the parts costs for required actions.

    According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. We do not control warranty coverage for
affected individuals. As a result, we have included all known costs in
our cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus SAS: Docket No. FAA-2019-0401; Product Identifier 2019-NM-
002-AD.

(a) Comments Due Date

    We must receive comments by July 22, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by reports of disconnections of certain
hinge arms of the bulk cargo door (BCD) due to disbonding of the
hinge arm bushes. We are issuing this AD to address disconnected
hinge arms which, in a case of ditching, could result in the BCD
opening inward and allowing water into the cargo hold, which could
result in reduced flotation time.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2018-0243, dated November 8, 2018 (``EASA
AD 2018-0243'').

    Note 1 to paragraph (g): Instructions for re-identification of
each affected BCD are provided in Airbus Service Bulletin A350-52-
P015, Revision 01, dated November 12, 2018, and paragraph (2) of
EASA AD 2018-0243.

(h) Exceptions to EASA AD 2018-0243

    (1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2018-0243 refers to its effective date,
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2018-0243 does not apply
to this AD.

(i) 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 (j)(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): For any service information
referenced in EASA AD 2018-0243 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
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.

(j) Related Information

    (1) For information about EASA AD 2018-0243, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD 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. EASA AD 2018-0243 may be found in the AD docket on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0401.
    (2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on April 22, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-11613 Filed 6-4-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 10, 2006 (Volume 71, Number 131)]
[Notices]
[Page 38920-38922]
[DOCID:fr10jy06-94]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54083; File No. SR-ISE-2006-35]

Self-Regulatory Organizations; International Securities Exchange,
Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Directed Orders System Change

June 30, 2006.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 30, 2006, the International Securities Exchange, Inc.
(``ISE'' or ``Exchange'') filed with the Securities and Exchange

Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the ISE.
The proposed rule change has been filed by the ISE as effecting a
change in an existing order-entry or trading system pursuant to section
19(b)(3)(A) of the Act,\3\ and Rule 19b-4(f)(5) thereunder,\4\ which
renders the proposal effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(5).
---------------------------------------------------------------------------

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

    The ISE is proposing to extend the pilot period for the system
change that identifies to a Directed Market Maker (``DMM'') the
identity of the firm entering a Directed Order until September 30,
2006.

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

    In its filing with the Commission, the ISE included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The ISE has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    On January 5, 2006, the ISE initiated a system change to identify
to a DMM the identity of the firm entering a Directed Order. The ISE
filed this system change on a pilot basis under section 19(b)(3)(A) of
the Act and Rule 19b-4(f)(5) thereunder \5\ so that it would be
effective while the Commission considered a separate proposed rule
change filed under section 19(b)(2) of the Act to amend the ISE's rules
to reflect the system change on a permanent basis (the ``Permanent Rule
Change'').\6\ The pilot currently expires on June 30, 2006, but the
Commission has not yet taken action with respect to the Permanent Rule
Change. Accordingly, the Exchange proposes to extend the pilot until
September 30, 2006, so that the system change will remain in effect
while the Commission continues to evaluate the Permanent Rule
Change.\7\
---------------------------------------------------------------------------

    \5\ Securities Exchange Act Release No. 53104 (Jan. 11, 2006),
71 FR 3142 (Jan. 19, 2006) (Notice of Filing and Immediate
Effectiveness for SR-ISE-2006-02).
    \6\ Securities Exchange Act Release No. 53103 (Jun. 11, 2006),
71 FR 3144 (Jan. 19, 2006) (Notice of Filing for SR-ISE-2006-01).
    \7\ The ISE anticipated that extension of the pilot might be
necessary and included this in the filing for the initial pilot. See
supra note 3, at footnote 5.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the basis under the Act is found in
section 6(b)(5), in that the propose rule change is designed to promote
just and equitable principles of trade, remove impediments to and
perfect the mechanisms of a free and open market and a national market
system and, in general, to protect investors and the public interest.
Extension of the pilot program will allow the Exchange to remain
competitive with the Boston Options Exchange (``BOX''), which operates
a directed orders program that discloses the identity of an entering
firm to the BOX directed market maker.\8\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release Nos. 53015 (Dec. 22,
2005), 70 FR 77207 (Dec. 29, 2005); 53357 (Feb. 23, 2006); and 71 FR
10730 (March 2, 2006) (SR-BSE-2005-52).
---------------------------------------------------------------------------

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

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

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because the foregoing proposed rule change effects a change in an
existing order entry or trading system that (i) does not significantly
affect the protection of investors or the public interest; (ii) does
not impose any significant burden on competition; and (iii) does not
have the effect of limiting access to or availability of the system, it
has become effective pursuant to section 19(b)(3)(A)(iii) of the Act
\9\ and Rule 19b-4(f)(5) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 19b-4(f)(5).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/.
 rules/sro.shtml); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-ISE-2006-35 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2006-35. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/ rules/

sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the ISE.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You

should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-ISE-2006-35
and should be submitted on or before July 31, 2006.
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
Nancy M. Morris,
Secretary.
[FR Doc. E6-10719 Filed 7-7-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: January 30, 2006 (Volume 71, Number 19)]
[Notices]
[Page 4941-4943]
[DOCID:fr30ja06-103]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR 1218-0200(2006)]

Process Safety Management of Highly Hazardous Chemicals Standard;
Extension of the Office of Management and Budget's (OMB) Approval of
Information Collection (Paperwork) Requirements

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

ACTION: Request for public comment.

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

SUMMARY: OSHA solicits public comment concerning its request for an
extension of the information collection requirements specified by its
Process Safety Management of Highly Hazardous Chemicals Standard (29
CFR 1910.119).

DATES: Comments must be submitted by the following dates:
    Hard copy: Your comments must be submitted by March 31, 2006.
    Facsimile and electronic transmission: Your comments must be
received by March 31, 2006.

ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-
1218-0200(2006), by any of the following methods:
    Regular mail, express delivery, hand delivery, and messenger
service: Submit your comments and attachments to the OSHA Docket
Office, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210; telephone<PHONE_NUMBER> (OSHA's TTY number
is<PHONE_NUMBER>). OSHA Docket Office and Department of Labor hours
are 8:15 a.m. to 4:45 p.m., e.t.
    Facsimile: If your comments are 10 pages or fewer in length,
including attachments, you may fax them to the OSHA Docket Office at
(202) 693-1648.
    Electronic: You may submit comments through the Internet at http://ecomments.osha.gov.
 Follow instructions on the OSHA Web page for

submitting comments.
    Docket: For access to the docket to read or download comments or
background materials, such as the complete Information Collection
Request (ICR) (containing the Supporting Statement, OMB-83-I Form, and
attachments), go to OSHA's Web page at http://www.OSHA.gov. In

addition, the ICR, comments and submissions are available for
inspection and copying at the OSHA Docket Office at the address above.
You may also contact Theda Kenney at the address below to obtain a copy
of the ICR. For additional information on submitting comments, please
see the ``Public Participation'' heading in the SUPPLEMENTARY
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, Room N-3609, 200 Constitution Avenue,
NW., Washington, DC 20210, telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the Act) (29 U.S.C. 651 et
seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the Act or for developing information
regarding the causes and prevention of occupational injuries,
illnesses, and accidents (29 U.S.C. 657).
    The collections of information in the Standard are necessary for
implementation of the requirements of the standard. The information is
used by employers to assure that processes using highly hazardous
chemicals with the potential of a catastrophic release are operated as
safely as possible. The employer must thoroughly consider all facets of
a process, as well as the involvement of employees in that process.
Employers analyze processes so that they identify and control problems
that could lead to a major release, fire, or explosion. The following
sections describe who uses the information collected under each
requirement, as well as how they use it.
    (A) Employee Participation (paragraph (c)). Employers are required
by paragraph (c)(1) to develop a written plan of action regarding the
implementation of the employee participation required by this
paragraph. Paragraph (c)(2) requires employers to consult with
employees and their representatives on the conduct and development of
process hazard analyses and on the development of the other elements of
process safety management in the Standard. Under paragraph (c)(3)
employers must provide access to process hazard analyses to employees
and their representatives.
    (B) Process Safety information (paragraph (d)). Paragraph (d)
requires employers to complete a compilation of written process safety
information prior to conducting a process hazard analysis. The
compilation of written process

safety information, which includes information on the hazards of
chemicals, the technology of the process, and the equipment is to
enable the employer and employees involved in operating the process to
identify and understand the hazards posed by processes involving highly
hazardous chemicals.
    (C) Process Hazard Analysis (paragraph (e)(1)). Paragraph (e)(1)
requires the employer to perform an initial process hazard analysis on
processes covered by the Standard. The evaluation must be appropriate
to the complexity of the process and must identify, evaluate, and
control the hazards involved in the process.
    (D) Resolution of Hazards (paragraph (e)(5)). Paragraph (e)(5)
requires documentation of the actions the employer takes to resolve the
findings and recommendations of the team that performed the process
hazard analysis, including a schedule for completing these actions. In
addition, the employer is to communicate this information to affected
operating, maintenance, and other employees whose work assignments are
in the process.
    (E) Updating, Revalidating, and Retaining the Process Hazard
Analysis (paragraphs (e)(6) and (e) (7)). Paragraph (e)(6) requires
that the initial process hazard analysis be updated and revalidated by
a team at least every 5 years. Paragraph (e)(7) requires the employer
to retain process hazard analyses for each process covered by this
section, as well as the documented resolution of recommendations
described in paragraph (e)(5).
    (F) Operating Procedures (paragraphs (f)(1)-(f)(4)). Paragraph
(f)(1) requires the employer to develop and implement written operating
procedures that provide clear instructions for safely conducting
activities involved in each covered process consistent with the process
safety information. Paragraph (f)(2) requires the employer to make the
operating procedures readily accessible to employees who work in or
maintain a process. Paragraph (f)(3) requires the employer to review
the operating procedures as often as necessary to assure that they
reflect current operating practice, and that the employer certify
annually that these operating procedures are current and accurate.
Paragraph (f)(4) requires the employer to develop and implement safe
work practices that provide for the control of hazards during
operations such as lockout/tagout; confined space entry; opening
process equipment or piping; and control over entrance into a facility
by maintenance, contractor, laboratory, or other support personnel.
These safe practices apply to both employees and contractor employees.
    (G) Training (Initial, Refresher, and Documentation) (paragraphs
(g)(1)-(g)(3)). Paragraph (g)(1) requires employers to train employees
before they become involved in operating a newly assigned process. The
training shall emphasize specific safety and health hazards; emergency
operations, including shutdown; and safe work practices applicable to
the employee's job tasks. Paragraph (g)(2) requires that the employer
provide refresher training at least every 3 years. Paragraph (g)(3)
requires the employer to prepare a record that contains the name of
employee, the date of training, and the means used to verify that the
employee understood the training.
    (H) Contractors (paragraphs (h)(2)(i)-(h)(2)(iv), (h)(2)(vi),
(h)(3)(iii), and (h)(3)(v)). This paragraph imposes collection of
information requirements on both employers and on contractors.
Paragraph (h)(2)(i) requires employers, when selecting a contractor, to
obtain and evaluate information regarding the contract employer's
safety performance and programs. Paragraph (h)(2)(ii) requires that the
employer inform contract employers of known potential fire, explosion,
or toxic release hazards related to the contractor's work and the
process. Paragraph (h)(2)(iii) requires that the employer explain to
contract employers the applicable provisions of the emergency action
plan required by paragraph (n) of 29 CFR 1910.119. Paragraph (h)(2)(iv)
requires the employer to develop and implement safe work practices
consistent with paragraph (f)(4) of this section, to control the
entrance, presence and exit of contract employers and contract
employees in covered process areas. Paragraph (h)(2)(vi) requires the
employer to maintain a contract employee injury and illness log related
to the contractor's work in process areas. Paragraph (h)(3)(iii)
requires the contract employer to document: that contract employees
have been trained to perform their work practices safely and are
knowledgeable about the fire, explosion, and toxic hazards in the
workplace; and the identity of the contract employee who received the
training, the date of training, and the means used to verify that the
employee understood the training. paragraph (h)(3)(v) requires the
contractor to advise the employer of any unique hazard presented by the
contract employer's work, or any hazards found by the contract
employer's work.
    (I) Written Procedures, Inspections, and Testing (paragraphs (j)(2)
and (j)(4)(iv)). Paragraph (j)(2) requires the employer to establish
written procedures to maintain the ongoing integrity of process
equipment. Paragraph (j)(4)(iv) requires that employers document
inspections and tests performed on process equipment. The documentation
shall identify the date of the inspection or test, the name of the
person who performed the inspection or test, the serial number or other
identifier of the equipment on which the inspection or test was
performed, a description of the inspection or test performed, and the
results of the inspection or test.
    (J) Hot Work Permit (paragraph (k)(2)). Paragraph (k)(2) requires
the employer to provide the following information on permits issued for
hot work operations conducted on or near a covered process: The date(s)
authorized for hot work, and the identity of the object on which hot
work is to be performed. The permit must be kept on file until
completion of the hot work operations.
    (K) Management of Change (paragraphs (l)(1), (l)(4), and (l)(5)).
Paragraph (I)(1) requires the employer to establish and implement
written procedures to manage changes (except for ``replacements in
kind'') to process chemicals, technology, equipment, and procedures;
and for changes to facilities that affect a covered process. Paragraph
(1)(4) requires the employer to update the information in paragraph (d)
of the Standard if a change in paragraph (1) results in a change to the
process safety information. Similarly, paragraph (1)(5) requires the
employer to update the information in paragraph (f) of the Standard if
a change in paragraph (1) results in a change to the operating
procedures.
    (L) Incident Investigations (paragraphs (m)(4)-(m)(7)). Paragraph
(m)(4) requires that a report be prepared at the conclusion of any
incident investigation, and that the report include, at a minimum, the
date of the incident; the date the investigation began; a description
of the incident; the factors that contributed to the incident; and any
recommendations resulting from the investigation. Paragraph (m)(5)
specifies that the employer must document resolutions and corrective
measures taken with regard to the findings and recommendations provided
in an incident investigation report, while paragraph (m)(6) states that
the employer must allow affected personnel (including contract
employees), whose job tasks are relevant to the incident findings, to
review the report. Paragraph (m)(7) requires that incident
investigation reports be retained for 5 years.

    (M) Emergency Planning and Response (paragraph (n)). Paragraph (n)
requires the employer to establish and implement an emergency action
plan in accordance with the provisions of 29 CFR 1910.38(a). In
addition, the emergency action plan shall include procedures for
handling small releases.
    (N) Compliance Audits (paragraph (o)(1) and (o)(3)-(o)(5)). Under
paragraph (o)(1), employers are required to certify that they have
evaluated compliance with the provisions of this section at least every
3 years to ensure that the procedures and practices developed under the
standard are adequate and are being followed. Paragraph (o)(3) requires
that a report of the audit findings be developed, while paragraph
(o)(4) states that the employer must promptly determine and document an
appropriate response to each of the findings of the compliance audit,
and document that the deficiencies have been corrected. Paragraph
(o)(5) requires that the 2 most recent reports be retained.
    (O) Records Disclosure. Employers must disclose records required by
the Standard to an OSHA compliance officer during an OSHA inspection.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting OMB to extend their approval of the collection
of information requirements contained in the Process Safety Management
Standard. The Agency is requesting a decrease in burden hours for the
existing collection of information requirements from 50,980,689 to
47,832,349 (a total reduction of 3,148,340 hours). The Agency will
summarize the comments submitted in response to this notice, and will
include this summary in its request to OMB.
    Type of Review: Extension of currently approved information
collection requirements.
    Title: Process Safety Management of Highly Hazardous Chemicals (29
CFR 1910.119).
    OMB Number: 1218-0200.
    Affected Public: Business or other for-profits; Not-for-profit
organizations; Federal Government; State, local or tribal government.
    Number of Respondents: 37,970.
    Frequency: On occasion.
    Average Time per Response: Varies from three minutes to generate
and maintain training certification records to 2,454.4 hours to
establish and implement a management-of-change program.
    Estimated Total Burden Hours: 47,832,349.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on this Notice and
Internet Access to Comments and Submissions

    You may submit comments and supporting materials in response to
this notice by (1) hard copy, (2) FAX transmission (facsimile), or (3)
electronically through the OSHA Web page. Because of security-related
problems, there may be a significant delay in the receipt of comments
by regular mail. Please contact the OSHA Docket Officer at (202) 693-
2350 (TTY<PHONE_NUMBER>) for information about security procedures
concerning the deliver of submissions by express delivery, hand
delivery, and courier service.
    All comments, submissions, and background documents are available
for inspection and copying at the OSHA Docket Office at the above
address. Comments and submissions posted on OSHA's Web page are
available at http://www.OSHA.gov. Contact the OSHA Docket Office for

information about materials not available through the OSHA Web page and
for assistance using the Web page to locate docket submissions.
    Electronic copies of this Federal Register notice as well as other
relevant documents are available on OSHA's Web page. Since all
submissions become public, private information such as social security
number should not be submitted.

V. Authority and Signature

    Jonathan L. Snare, Acting Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2002
(67 FR 65008).

    Signed at Washington, DC, on January 25, 2006.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.
[FR Doc. 06-844 Filed 1-27-06; 8:45 am]

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[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Notices]
[Pages 61422-61423]
[FR Doc No: 2012-24752]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2010-0164]

National Boating Safety Advisory Council

AGENCY: Coast Guard, DHS.

ACTION: Notice of Federal Advisory Committee Meeting.

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SUMMARY: The National Boating Safety Advisory Council (NBSAC) and three
of its subcommittees will meet on November 9-11, 2012, in Watsonville,
CA, to discuss issues relating to recreational boating safety. The
meetings will be open to the public.

DATES: NBSAC will meet Friday, November 9, 2012, from 8:30 a.m. to
11:45 a.m. and Sunday, November 11, 2012, from 9 a.m. to 1:30 p.m. The
Boats and Associated Equipment Subcommittee will meet on Friday,
November 9, 2012 from 1:15 p.m. to 5 p.m., the Prevention through
People Subcommittee will meet on Saturday, November 10, 2012 from 9
a.m. to 12:30 p.m., and the Recreational Boating Safety Strategic
Planning Subcommittee will meet on Saturday, November 10, 2012 from
1:45 p.m. to 5 p.m. Please note that the meetings may conclude early if
NBSAC has completed all business.
    All written materials, comments, and requests to make oral
presentations at the meeting should reach Mr. Jeff Ludwig, Assistant
Designated Federal Officer (ADFO) for NBSAC by October 26, 2012. For
contact information please see the FOR FURTHER INFORMATION CONTACT
section below. Any written material submitted by the public will be
distributed to the committee and become part of the public record.

ADDRESSES: The meeting will be held in the Boathouse Room of the West
Marine Watsonville Support Center, located at 500 Westridge Dr.,
Watsonville, CA 95076.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
Mr. Jeff Ludwig as soon as possible.
    To facilitate public participation, we are inviting public comment
on the issues to be considered by the committee as listed in the
``Agenda'' section below. Comments must be submitted in writing no
later than October 26, 2012, and must be identified by (USCG-2010-0164)
and may be submitted by one of the following methods:

     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Same as mail address above between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    Instructions: All submissions received must include the words
``Department of Homeland Security'' and the docket number for this
action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. You
may review a Privacy Act notice regarding public dockets in the January
17, 2008, issue of the Federal Register (73 FR 3316).
    Docket: For access to the docket to read documents or comments
related to this notice, go to http://www.regulations.gov, and use
``USCG-2010-0164'' as your search term.
    Opportunities for public comment will be held during the meeting
concerning the matters being discussed. Public comments will be limited
to three minutes per speaker. Please note that the public comment
period may end before the time indicated, following the last call for
comments. Contact the individual listed below to register as a speaker.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Ludwig, ADFO for NBSAC, COMDT
(CG-BSX-21), 2100 2nd Street SW., Stop 7581, Washington, DC 20593;
(202) 372-1061<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act (FACA), 5 U.S.C. Appendix 2. Congress
established NBSAC in the Federal Boat Safety Act of 1971 (Pub. L. 92-
75). NBSAC currently operates under the authority of 46 U.S.C. 13110,
which requires the Secretary of Homeland Security and the Commandant of
the Coast Guard by delegation to consult with NBSAC in prescribing
regulations for recreational vessels and associated equipment, and on
other major safety matters. See 46 U.S.C. 4302(c) and 13110(c).

Meeting Agenda

    The agenda for NBSAC meeting is as follows:

Friday, November 9, 2012

    (1) Opening Remarks--Mr. James P. Muldoon, NBSAC Chairman and RDML
Joseph Servidio, Assistant Commandant for Prevention Policy (Invited);
    (2) Swearing-in of Newly Appointed Members
    (3) Receipt and discussion of the following reports:
    (a) Chief, Office of Auxiliary and Boating Safety, Update on the
Coast Guard's implementation of NBSAC Resolutions and Recreational
Boating Safety Program report.
    (b) Assistant Designated Federal Officer's report concerning
Council administrative and logistical matters.
    (4) Presentation on the Coast Guard's progress in implementing
NBSAC's Recommendation Regarding the Development of New Life Jacket
Standards and Approval Processes for Life Jackets.
    (5) Public comment.

Sunday, November 11, 2012

    (1) Receipt and Discussion of the Strategic Planning, Boats &
Associated Equipment, and Prevention through People Subcommittees
reports.
    (2) Public comment period. Members of the public will have an
opportunity to provide comments on each subcommittee's report prior to
the NBSAC members taking action on each report.
    A more detailed agenda can be found at: http://homeport.uscg.mil/NBSAC, no later than October 25, 2012.

    Dated: September 24, 2012.
Paul F. Thomas,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2012-24752 Filed 10-5-12; 8:45 am]
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