[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Notices]
[Pages 41149-41152]
[FR Doc No: 2022-14634]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95200; File No. SR-ICC-2022-008]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing of Proposed Rule Change Relating to the Stress Testing Framework
and the Liquidity Risk Management Framework

July 5, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 23, 2022, ICE Clear Credit LLC (``ICC'') 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 primarily by ICC. The Commission is publishing this
notice to solicit comments on the proposed rule change, security-based
swap submission, or advance notice from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The principal purpose of the proposed rule change is to revise the
ICC Stress Testing Framework (``STF'') and the ICC Liquidity Risk
Management Framework (``LRMF''). These revisions do not require any
changes to the ICC Clearing Rules (``Rules'').

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICC included statements
concerning the purpose of and basis for the proposed rule change,
security-based swap submission, or advance notice and discussed any
comments it received on the proposed rule change, security-based swap
submission, or advance notice. The text of these statements may be
examined at the places specified in Item IV below. ICC has prepared
summaries, set forth in sections (A), (B), and (C) below, of the most
significant aspects of these statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

(a) Purpose
    ICC proposes revising the STF and LRMF to introduce new stress
scenarios, clarify existing stress scenarios, and make other minor
edits. ICC believes the proposed changes will facilitate the prompt and
accurate clearance and settlement of securities transactions and
derivative agreements, contracts, and transactions for which it is
responsible. ICC proposes to move forward with implementation of these
changes following Commission approval of the proposed rule change. The
proposed rule change is described in detail as follows.
I. STF
    The proposed amendments to the STF introduce new stress scenarios
related to the Coronavirus pandemic and oil price war (the ``COVID-19/
Oil Crisis''), clarify existing stress scenarios related to credit
default index swaptions (``index options''), and make other minor
edits.
    The proposed changes amend Section 5.1 containing the historically
observed extreme but plausible market scenarios. ICC proposes a minor
edit to abbreviate a term. ICC proposes to introduce additional stress
scenarios related to the COVID-19/Oil Crisis. ICC previously introduced
price-based stress scenarios related to the COVID-19/Oil Crisis in the
STF, which replicate observed instrument price changes during this
period.\3\ ICC proposes to incorporate complementing spread-based
stress scenarios related to the COVID-19/Oil Crisis, which reflect
observed relative spread increases and decreases during this period
(the ``COVID-19/Oil Crisis Spread Scenarios''). Additionally, the
stress scenarios related to index options (i.e., the stress options-
implied Mean Absolute Deviation (``MAD'') scenarios) would be moved
into a separate section and corresponding references throughout the STF
would accordingly refer to this new Section 9.
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    \3\ See SR-ICC-2020-009 for additional information on the
introduction of the COVID-19/Oil Crisis price-based stress
scenarios.
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    ICC proposes additional clarifications in Section 5 and throughout
the STF. To distinguish from the COVID-19/Oil Crisis Spread Scenarios,
ICC would refer to the price-based stress scenarios as the COVID-19/Oil
Crisis Price Scenarios in Section 5.2 and throughout the STF. ICC also
proposes to incorporate the COVID-19/Oil Crisis Spread Scenarios

in the other categories of scenarios, namely in Section 5.3
(hypothetically constructed (forward looking) extreme but plausible
market scenarios) and Section 5.4 (extreme model response test
scenarios), as well as in Section 14 (interpretation of results).
    ICC proposes further details to describe how the existing stress
scenarios for index option positions are integrated within the current
set of stress scenarios for CDS index and single name instruments.
Currently, the stress options-implied MAD scenarios are generated for
index option positions. Such scenarios are not applied to portfolios
independently but rather directly incorporated into the CDS stress
scenarios. As such, the proposed changes clarify that the stress
options-implied MAD scenarios complement the underlying stress
scenarios (in Section 6) and reference proposed Section 9 for more
detail on the stress options-implied MAD approach (in Section 8).
    Moreover, proposed Section 9 memorializes the stress options-
implied MAD scenarios and approach more clearly. Information from
Section 5.1 on these scenarios would reside in Section 9 with certain
amendments. The proposed amendments do not change the stress testing
methodology and instead add detail and update terminology to be
clearer. Proposed language explains that when index options are present
in a portfolio, the underlying market stress test scenarios incorporate
the stress options-implied MAD scenarios. Terminology changes specify
that the scenarios consider an increase/decrease in the options-implied
MAD upon spread widening/tightening and clarification changes detail
the incorporation of the options-implied MAD in the scenarios. The
proposed changes more clearly set forth the creation of the stress
options-implied MAD, including how the necessary components are
derived. No changes are proposed with respect to what the final
scenario prices of the index option instruments reflect. The following
sections are renumbered accordingly throughout the STF, including in
Table 1 in Section 14. Finally, proposed Section 17 adds a revision
history to track changes.
II. LRMF
    ICC proposes corresponding changes to the LRMF to introduce new
stress scenarios related to the COVID-19/Oil Crisis, clarify existing
stress scenarios related to index options, and make other minor edits.
    ICC proposes to revise Section 2.3 regarding liquidity requirements
for client-related accounts. The amended language specifies that
Clearing Participants deposit 100% of their Euro denominated client
gross margin in any acceptable collateral to match Schedule 401 in the
ICC Rules. This is intended to be a clean-up change to remove an
outdated provision to ensure consistency across the LRMF and ICC Rules
and would not change current requirements.
    ICC proposes updates to Section 3.3.2 regarding the historically
observed extreme but plausible market scenarios. The proposed changes
define extreme market events to include COVID-19 and the simultaneous
occurrence of the oil price war and make grammatical edits to change a
term to its plural form. ICC also previously introduced the COVID-19/
Oil Crisis price-based stress scenarios in the LRMF \4\ and proposes to
incorporate the complementing COVID-19/Oil Crisis Spread Scenarios,
which are also referred to as the COVID19OCSS, in the LRMF. The price-
based stress scenarios would be referred to as the COVID-19/Oil Crisis
Price Scenarios or COVID19OCPS throughout the document.
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    \4\ Id.
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    Revisions to the existing stress options-implied MAD scenarios are
proposed in Section 3.3.2. To ensure consistency with the STF, ICC
proposes the inclusion of similar language and changes in subsection
(b). The proposed changes memorialize the stress options-implied MAD
scenarios and approach more clearly in the LRMF, including how the
scenarios for index option positions are integrated within the current
set of stress scenarios for CDS index and single name instruments. The
proposed amendments do not change the methodology and instead add
detail and update terminology to be clearer. Terminology changes
specify that the scenarios consider an increase/decrease in the
options-implied MAD and clarification changes detail the incorporation
of the options-implied MAD in the scenarios. The proposed changes more
clearly set forth the creation of the stress options-implied MAD,
including how the necessary components are derived. No changes are
proposed with respect to what the final scenario prices of the index
option instruments reflect. A typographical fix is made in the
footnotes to refer to the correct reference document. In addition, ICC
proposes to amend subsection (d) to add a section symbol and to set out
how the stress options-implied MAD scenarios that complement the
extreme model response test scenarios are derived to match language
currently in the STF.
    ICC proposes additional minor updates to Section 3.3. ICC would
incorporate the COVID-19/Oil Crisis Spread Scenarios in Section 3.3.3
in Table 1 containing the liquidity stress testing scenarios and in
Section 3.3.4 related to the interpretation of results. ICC also
proposes a minor edit to the extreme market scenarios in Table 1 to
specify that the COVID19OCPS are extreme.
(b) Statutory Basis
    ICC believes that the proposed rule change is consistent with the
requirements of Section 17A of the Act \5\ and the regulations
thereunder applicable to it, including the applicable standards under
Rule 17Ad-22.\6\ In particular, Section 17A(b)(3)(F) of the Act \7\
requires that the rule change be consistent with the prompt and
accurate clearance and settlement of securities transactions and
derivative agreements, contracts and transactions cleared by ICC, the
safeguarding of securities and funds in the custody or control of ICC
or for which it is responsible, and the protection of investors and the
public interest.
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    \5\ 15 U.S.C. 78q-1.
    \6\ 17 CFR 240.17Ad-22.
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
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    As discussed herein, the proposed amendments introduce new stress
scenarios, clarify existing stress scenarios, and make other minor
edits. Such changes strengthen the STF and LRMF by introducing spread-
based COVID-19/Oil Crisis scenarios that complement the current
scenarios and by memorializing the stress options-implied MAD scenarios
more clearly to ensure transparency and that responsible parties
effectively carry out their assigned duties. The additional
clarification and clean-up changes further ensure readability and
clarity, including by adding a revision history to track changes,
updating terminology, ensuring that references are accurate, and
ensuring consistency between the LRMF and the ICC Rules regarding
client-related liquidity requirements to avoid potential confusion. ICC
believes that having policies and procedures that clearly and
accurately document its risk management practices, including stress
testing and liquidity stress testing, are an important component to the
effectiveness of ICC's risk management system and support ICC's ability
to maintain adequate financial resources and sufficient liquid
resources. Accordingly, in ICC's view, the proposed rule change is
consistent with the prompt and accurate clearance and settlement of
securities transactions,

derivatives agreements, contracts, and transactions, the safeguarding
of securities and funds in the custody or control of ICC or for which
it is responsible, and the protection of investors and the public
interest, within the meaning of Section 17A(b)(3)(F) of the Act.\8\
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    \8\ Id.
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    The amendments would also satisfy relevant requirements of Rule
17Ad-22.\9\ Rule 17Ad-22(e)(4)(ii) \10\ requires ICC to establish,
implement, maintain, and enforce written policies and procedures
reasonably designed to effectively identify, measure, monitor, and
manage its credit exposures to participants and those arising from its
payment, clearing, and settlement processes, including by maintaining
additional financial resources at the minimum to enable it to cover a
wide range of foreseeable stress scenarios that include, but are not
limited to, the default of the two participant families that would
potentially cause the largest aggregate credit exposure for ICC in
extreme but plausible market conditions. The introduction of the COVID-
19/Oil Crisis Spread Scenarios would complement the current scenarios
and add additional insight into potential weaknesses in the ICC risk
management methodology, thereby supporting ICC's ability to manage its
financial resources. Additional proposed changes ensure consistency
across the STF and LRMF and more clearly describe the stress options-
implied MAD scenarios, including how the scenarios for index option
positions are integrated within the current set of stress scenarios for
CDS index and single name instruments. The proposed amendments add
detail and update terminology to be clearer, which would ensure
transparency and strengthen the documentation, thereby supporting the
effectiveness of ICC's risk management system. The proposed
clarification and clean-up changes further enhance the readability of
the STF and LRMF and ensure that it remains up-to-date, clear, and
transparent. As such, the proposed amendments would strengthen ICC's
ability to maintain its financial resources and withstand the pressures
of defaults, consistent with the requirements of Rule 17Ad-
22(e)(4)(ii).\11\
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    \9\ 17 CFR 240.17Ad-22.
    \10\ 17 CFR 240.17Ad-22(e)(4)(ii).
    \11\ Id.
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    Rule 17Ad-22(e)(4)(vi) \12\ requires ICC to establish, implement,
maintain, and enforce written policies and procedures reasonably
designed to effectively identify, measure, monitor, and manage its
credit exposures to participants and those arising from its payment,
clearing, and settlement processes, including by testing the
sufficiency of its total financial resources available to meet the
minimum financial resource requirements, including by conducting stress
testing of its total financial resources once each day using standard
predetermined parameters and assumptions; conducting a comprehensive
analysis on at least a monthly basis of the existing stress testing
scenarios, models, and underlying parameters and assumptions; and
reporting the results of its analyses to appropriate decision makers at
ICC. The proposed rule change continues to ensure that ICC's policies
and procedures provide a clear framework for ICC to conduct stress
testing and analysis and report the results to appropriate decision
makers at ICC, in compliance with this requirement. As such, ICC
believes the proposed rule change is consistent with the requirements
of Rule 17Ad-22(e)(4)(vi).\13\
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    \12\ 17 CFR 240.17Ad-22(e)(4)(vi).
    \13\ Id.
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    Rule 17Ad-22(e)(7)(i) \14\ requires ICC to establish, implement,
maintain, and enforce written policies and procedures reasonably
designed to effectively measure, monitor, and manage the liquidity risk
that arises in or is borne by it, including measuring, monitoring, and
managing its settlement and funding flows on an ongoing and timely
basis, and its use of intraday liquidity by maintaining sufficient
liquid resources at the minimum in all relevant currencies to effect
same-day and, where appropriate, intraday and multiday settlement of
payment obligations with a high degree of confidence under a wide range
of foreseeable stress scenarios that includes, but is not limited to,
the default of the participant family that would generate the largest
aggregate payment obligation for ICC in extreme but plausible market
conditions. The introduction of the COVID-19/Oil Crisis Spread
Scenarios would complement the current scenarios and add additional
insight into potential weaknesses in the ICC liquidity risk management
methodology, thereby supporting ICC's ability to ensure that it
maintains sufficient liquidity resources. The proposed clarification
and clean-up changes provide further clarity and transparency regarding
ICC's liquidity risk management practices in the LRMF, including by
promoting uniformity with the STF, ensuring consistency between the
LRMF and the ICC Rules regarding the client-related liquidity
requirements, and ensuring that information and references are current,
including in Table 1 which sets out the liquidity stress testing
scenarios. As such, the proposed amendments would promote ICC's ability
to ensure that it maintains sufficient liquid resources in accordance
with the requirements of Rule 17Ad-22(e)(7)(i).\15\
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    \14\ 17 CFR 240.17Ad-22(e)(7)(i).
    \15\ Id.
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(B) Clearing Agency's Statement on Burden on Competition

    ICC does not believe the proposed rule change would have any
impact, or impose any burden, on competition. The proposed changes
introduce complementing COVID-19/Oil Crisis Spread Scenarios, add
clarification on the existing stress scenarios related to index
options, and make other minor edits, which ICC believes are appropriate
in furtherance of the risk management of the clearing house. The
changes to the STF and LRMF will apply uniformly across all market
participants. ICC does not believe these amendments would affect the
costs of clearing or the ability of market participants to access
clearing. Therefore, ICC does not believe the proposed rule change
would impose any burden on competition that is inappropriate in
furtherance of the purposes of the Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed rule change have not been
solicited or received. ICC will notify the Commission of any written
comments received by ICC.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) by order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

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 email to [email protected]. Please include
File Number SR-ICC-2022-008 on the subject line.

Paper Comments

    Send paper comments in triplicate to Secretary, Securities and
Exchange Commission, 100 F Street NE, Washington, DC 20549.

All submissions should refer to File Number SR-ICC-2022-008. This file
number should be included on the subject line if email 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filings will also be available for inspection
and copying at the principal office of ICE Clear Credit and on ICE
Clear Credit's website at https://www.theice.com/clear-credit/regulation.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ICC-2022-008 and should be
submitted on or before August 1, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-14634 Filed 7-8-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)]
[Notices]
[Page 48717]
[FR Doc No: 2017-22655]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER15-1499-005.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: City of Independence 2018 Stated
Rate Compliance Filing to be effective 1/1/2018.
    Filed Date: 10/13/17.
    Accession Number: 20171013-5110.
    Comments Due: 5 p.m. ET 11/3/17.

    Docket Numbers: ER18-73-000.
    Applicants: NorthWestern Corporation.
    Description: Sec.  205(d) Rate Filing: Request to Disclaim
Jurisdiction--SA 828 Agreement with Vista LLC to be effective 10/14/
2017.
    Filed Date: 10/13/17.
    Accession Number: 20171013-5092.
    Comments Due: 5 p.m. ET 11/3/17.

    Docket Numbers: ER18-74-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Serv. Agreement Nos. 2nd
Rev. 3349, 4792, 4793, Queue No. U2-073/Z2-013/AB2-038 to be effective
9/13/2017.
    Filed Date: 10/13/17.
    Accession Number: 20171013-5124.
    Comments Due: 5 p.m. ET 11/3/17.

    Docket Numbers: ER18-75-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2017-10-13_Installed
Capacity (ICAP) Deferral Process Filing to be effective 12/13/2017.
    Filed Date: 10/13/17.
    Accession Number: 20171013-5149.
    Comments Due: 5 p.m. ET 11/3/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 13, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-22655 Filed 10-18-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Proposed Rules]
[Pages 42602-42607]
[FR Doc No: 2011-18131]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0717; Directorate Identifier 2010-NM-108-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330-201, -202, -203, -
223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343
Airplanes; and Model A340-200 and -300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:

    During A330 and A340 aeroplanes fatigue tests, cracks appeared
on the right (RH) and left (LH) sides between the crossing area of
the keel beam fitting and the front spar of the Centre Wing Box
(CWB). This condition, if not corrected, could lead to keel beam
rupture which would affect the area structural integrity.
* * * * *

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by September 2,
2011.

ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 45 80; e-mail<EMAIL_ADDRESS>Internet http://www.airbus.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0717;
Directorate Identifier 2010-NM-108-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On July 24, 2007, we issued AD 2007-16-02, Amendment 39-15141 (72
FR 44731, August 9, 2007). That AD required actions intended to address
an unsafe condition on the products listed above.
    Since we issued AD 2007-16-02, the European Aviation Safety Agency
(EASA), which is the Technical Agent for the Member States of the
European Community, has issued EASA Airworthiness Directive 2010-0024,
dated February 12, 2010 (referred to after this as ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:

    During A330 and A340 aeroplanes fatigue tests, cracks appeared
on the right (RH) and left (LH) sides between the crossing area of
the keel beam fitting and the front spar of the Centre Wing Box
(CWB). This condition, if not corrected, could lead to keel beam
rupture which would affect the area structural integrity.
    In order to maintain the structural integrity of the aeroplane,
EASA AD 2006-0315R1 required repetitive special detailed

inspections on the horizontal flange of the keel beam in the area of
first fastener hole aft of FR40.
    This AD, which supersedes EASA AD 2006-0315R1:

--Retains the inspection requirements of EASA AD 2006-0315R1,
--Extends the AD applicability to aeroplanes which have embodied
Airbus modification 49202, and
--Modifies the inspection thresholds and intervals.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Airbus has issued the following service information.

                                           Table--Service Information
----------------------------------------------------------------------------------------------------------------
                 Document                            Revision                              Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A330-57- 03..........................  July 31, 2009.
 3081, including Appendix 1.
Airbus Mandatory Service Bulletin A340-57- 03..........................  July 31, 2009.
 4089, including Appendix 1.
Airbus Service Bulletin A330-57-3090.....  Original....................  March 27, 2006.
Airbus Service Bulletin A330-57-3098,      01..........................  July 31, 2009.
 including Appendix 1.
Airbus Service Bulletin A340-57-4106,      01..........................  July 31, 2009.
 including Appendix 1.
Airbus Service Bulletin A340-57-4098.....  Original....................  March 27, 2006.
----------------------------------------------------------------------------------------------------------------

    Airbus Mandatory Service Bulletins A330-57-3081, Revision 03, dated
July 31, 2009; and A340-57-4089, Revision 03, dated July 31, 2009;
reduce certain compliance times. The compliance time for the initial
special detailed inspection ranges from 10,350 flight cycles or 69,870
flight hours, to 21,180 flight cycles or 63,560 flight hours, depending
on airplane configuration. The compliance times for the repetitive
interval range from 7,780 flight cycles or 52,510 flight hours, to
12,360 flight cycles or 37,080 flight hours, depending on airplane
configuration. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

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

Change to Existing AD

    This proposed AD would retain all requirements of AD 2007-16-02.
Since AD 2007-16-02 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                      Corresponding  requirement in this
    Requirement in AD 2007-16-02                 proposed AD
------------------------------------------------------------------------
          paragraph (e)(1)                        paragraph (h)
          paragraph (e)(2)                        paragraph (i)
          paragraph (e)(3)                        paragraph (j)
          paragraph (e)(4)                        paragraph (k)
          paragraph (e)(5)                        paragraph (l)
          paragraph (e)(6)                        paragraph (m)
------------------------------------------------------------------------

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 35 products of U.S. registry.
    For the 9 airplanes affected by the existing AD, the actions that
are required by AD 2007-16-02 and retained in this proposed AD take
about 41 work-hours per product, at an average labor rate of $85 per
work hour. Required parts cost about $191 per product. Based on these
figures, the estimated cost of the currently required actions is $3,676
per product.
    For the 26 additional airplanes added in this AD, we estimate the
actions in this proposed AD would take about 41 work-hours per product,
at an average labor rate of $85 per work hour. Required parts would
cost about $191 per product. Based on these figures, the estimated cost
of the proposed AD is $3,676 per product.
    In addition, because the proposed AD advises to contact the
manufacturer for repair instructions, we cannot estimate the parts or
labor costs for any necessary follow-on actions. We have no way of
determining the number of products that may need these actions.

Authority for This Rulemaking

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

Regulatory Findings

    We 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); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

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

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-15141 (72 FR
44731, August 9, 2007) and adding the following new AD:

Airbus: Docket No. FAA-2011-0717; Directorate Identifier 2010-NM-
108-AD.

Comments Due Date

    (a) We must receive comments by September 2, 2011.

Affected ADs

    (b) This AD supersedes AD 2007-16-02, Amendment 39-15141.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD; certificated in any category; except
as provided by paragraph (c)(3) of this AD.
    (1) Airbus Model A330-201, -202, -203, -223, -243, -301, -302, -
303, -321, -322, -323, -341, -342, and -343 airplanes, all serial
numbers, except those on which Airbus modification 55306 or 55792
has been embodied in production.
    (2) Airbus Model A340-211, -212, -213, -311, -312, and -313
airplanes, all serial numbers, except those on which Airbus
modification 55306 or 55792 has been embodied in production.
    (3) This AD is not applicable to Airbus Model A340-211, -212, -
213, -311, -312, and -313 airplanes that have been repaired in
accordance with Airbus Repair Drawing R57115053, R57115051, or
R57115047 (installation of titanium doubler on both sides). AD 2007-
12-08, Amendment 39-15086 (72 FR 31171, June 6, 2007), applies to
these airplanes.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    During A330 and A340 aeroplanes fatigue tests, cracks appeared
on the right (RH) and left (LH) sides between the crossing area of
the keel beam fitting and the front spar of the Centre Wing Box
(CWB). This condition, if not corrected, could lead to keel beam
rupture which would affect the area structural integrity.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of Requirements of AD 2007-16-02, With Revised Service
Information

    (g) For Model A330-201, -202, -203, -223, -243, -301, -321, -
322, -323, -341, -342, and -343 airplanes, except those on which
Airbus modification 49202 has been embodied in production, or Airbus
Service Bulletin A330-57-3090 has been embodied in service, and
Model A340-200 and -300 series airplanes, except those on which
Airbus modification 49202 has been embodied in production or Airbus
Service Bulletin A340-57-4098 has been embodied in service, and
except Model A340-211, -212, -213, -311, -312, and -313 airplanes
that have been repaired in accordance with Airbus Repair Drawing
R57115053, R57115051, or R57115047: Do the actions required by
paragraphs (h), (l), and (m) of this AD.
    (h) For airplanes identified in paragraph (g) of this AD, within
the mandatory threshold (flight cycles or flight hours) mentioned in
the paragraph 1.E.(2) of Airbus Mandatory Service Bulletin A340-57-
4089, Revision 02; or A330-57-3081, Revision 02; both dated January
24, 2006; depending on the configuration of the aircraft model; or
within 3 months after September 13, 2007 (the effective date of AD
2007-16-02); whichever occurs later: Carry out the NDT (non-
destructive test) inspection of the hole(s) of the horizontal flange
of the keel beam located on FR 40 datum on RH (right-hand) and/or LH
(left-hand) side of the fuselage, in accordance with the
instructions of the applicable service bulletin listed in table 1 of
this AD. After the effective date of this AD, use only Airbus
Mandatory Service Bulletin A330-57-3081, Revision 03, dated July 31,
2009; or Airbus Mandatory Service Bulletin A340-57-4089, Revision
03, dated July 31, 2009; as applicable. Inspection in accordance
with Airbus A330/A340 200-300 Technical Disposition F57D03012810,
Issue B, dated August 18, 2003; or 582.0651/2002, Issue A, dated
October 17, 2002; satisfies the inspection requirements for the
first rotating probe inspection which is specified at the inspection
threshold of this AD. Doing the inspection required by paragraph (n)
of this AD terminates the requirements of this paragraph of this AD.

    Note 1:  In order to prevent large repairs or heavy maintenance,
Airbus recommends to perform the above inspection according to
recommended thresholds mentioned in paragraph 1.E.(2) of Airbus
Mandatory Service Bulletin A340-57-4089, Revision 02; or Airbus
Mandatory Service Bulletin A330-57-3081, Revision 02; both dated
January 24, 2006.

   Table 1--Acceptable Service Information for Certain Requirements of
                              Paragraph (h)
------------------------------------------------------------------------
          Document               Revision                Date
------------------------------------------------------------------------
Airbus Mandatory Service                  02  January 24, 2006.
 Bulletin A330-57-3081.
Airbus Mandatory Service                  03  July 31, 2009.
 Bulletin A330-57-3081.
Airbus Mandatory Service                  02  January 24, 2006.
 Bulletin A340-57-4089.
Airbus Mandatory Service                  03  July 31, 2009.
 Bulletin A340-57-4089.
------------------------------------------------------------------------

     (i) In case of any crack finding during the inspection required
by paragraph (h) of this AD, before further flight, contact Airbus
in order to get repair instructions before next flight, and repair
before further flight.
    (j) Should no crack be detected during the inspection required
by paragraph (h) of this AD:
    (1) Before further flight: Follow up the actions indicated in
the flow charts, Figure 7, 8, or 9, of Airbus Mandatory Service
Bulletin A340-57-4089, including Appendix 01, Revision 02, dated
January 24, 2006, or Revision 03, dated July 31, 2009; or Figure 5,
6, or 7, of Airbus Mandatory Service Bulletin A330-57-3081,
including Appendix 01, Revision 02, dated January 24, 2006, or
Revision 03, dated July 31, 2009; in accordance with the
instructions of Airbus Mandatory Service Bulletin A340-57-4089,
including Appendix 01, Revision 02, dated January 24, 2006, or
Revision 03, dated July 31, 2009; or Airbus Mandatory Service
Bulletin A330-57-3081, including Appendix 01, Revision 02, dated
January 24, 2006, or

Revision 03, dated July 31, 2009; as applicable.
    (2) Within 30 days after September 13, 2007, or within 30 days
after doing the inspection required by paragraph (h) of this AD,
whichever occurs later: Send the report of actions carried out in
paragraph (j)(1) of this AD to Airbus.
    (3) Renew the inspection at mandatory intervals given in
paragraph 1.E.(2) of Airbus Mandatory Service Bulletin A340-57-4089,
Revision 02, dated January 24, 2006; or Airbus Mandatory Service
Bulletin A330-57-3081, Revision 02, dated January 24, 2006; as
applicable; in accordance with the instructions of Airbus Mandatory
Service Bulletin A340-57-4089, Revision 02, dated January 24, 2006,
or Revision 03, dated July 31, 2009, or Airbus Mandatory Service
Bulletin A330-57-3081, Revision 02, dated January 24, 2006, or
Revision 03, dated July 31, 2009; as applicable, and send the
inspection results to Airbus. Doing the inspection required by
paragraph (n) of this AD terminates the requirements of this
paragraph of this AD.

    Note 2:  In order to prevent large repairs or heavy maintenance,
Airbus recommends to perform the above repetitive inspection
according to recommended intervals mentioned in paragraph 1.E.(2) of
Airbus Mandatory Service Bulletin A340-57-4089, Revision 02, dated
January 24, 2006; or Airbus Mandatory Service Bulletin A330-57-3081,
Revision 02, dated January 24, 2006.

    (k) Upon detection of a crack during a repetitive inspection
required by paragraph (j)(3) of this AD, before further flight,
contact Airbus to get repair instructions, and repair before further
flight.
    (l) For airplanes identified in paragraph (g) of this AD: No
additional work is required for compliance with paragraph (h) of
this AD for aircraft inspected in accordance with the instructions
of Airbus Service Bulletin A330-57-3081, dated October 30, 2003, or
Revision 01, dated May 18, 2004; or Airbus Service Bulletin A340-57-
4089, dated October 30, 2003, or Revision 01, dated March 2, 2004.
Nevertheless, the operators must check that their inspection program
is in accordance with paragraph 1.E.(2) of Airbus Mandatory Service
Bulletin A340-57-4089, Revision 02, dated January 24, 2006; or
Airbus Mandatory Service Bulletin A330-57-3081, Revision 02, dated
January 24, 2006; as applicable; for the repetitive inspection.
    (m) For airplanes identified in paragraph (g) of this AD on
which Airbus Modification 41652 is not embodied: When the aircraft
has been modified in accordance with Airbus Service Bulletin A330-
57-3090, dated March 27, 2006; or Airbus Service Bulletin A340-57-
4098, dated March 27, 2006; as applicable; the repetitive
inspections required by this AD are cancelled. In case of any crack
finding during the modification: Where the applicable service
bulletin specifies to contact Airbus, before further flight, contact
Airbus to get repair instructions, and repair.

New Requirements of This AD

    (n) At the applicable time in paragraph (n)(1) or (n)(2) of this
AD: Do an NDT inspection of the hole(s) of the horizontal flange of
the keel beam located on FR 40 datum on RH and/or LH side of the
fuselage, in accordance with the Accomplishment Instructions of
Airbus Mandatory Service Bulletin A330-57-3081, Revision 03, dated
July 31, 2009; or Airbus Mandatory Service Bulletin A340-57-4089,
Revision 03, dated July 31, 2009; as applicable. Inspection in
accordance with Airbus A330/A340 Technical Disposition F57D03012810,
Issue B, dated August 18, 2003; or 582.0651/2002, Issue A, dated
October 17, 2002; is acceptable for compliance with the inspection
requirements for the first rotating probe inspection required by
this paragraph. Doing the inspection required by this paragraph
terminates the requirements of paragraphs (h) and (j)(3) of this AD.
    (1) For airplanes on which an inspection required by paragraph
(h) of this AD has not been done as of the effective date of this
AD: At the applicable time specified in paragraph (n)(1)(i) or
(n)(1)(ii) of this AD.
    (i) For all airplanes except those identified in paragraph (g)
of this AD: Within the ``Mandatory Threshold'' (flight cycles or
flight hours) specified in table 1 of paragraph 1.E.(2) of the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A330-57-3081, Revision 03, dated July 31, 2009; or Airbus Mandatory
Service Bulletin A340-57-4089, Revision 03, dated July 31, 2009; as
applicable; or within 3 months after the effective date of this AD;
whichever occurs later. The compliance times for configuration 02
through 06 specified in the ``Mandatory Threshold'' column in table
1 of paragraph 1.E., ``Compliance,'' are total flight cycles and
total flight hours.
    (ii) For airplanes identified in paragraph (g) of this AD: At
the earlier of the times specified in paragraphs (n)(1)(ii)(A) and
(n)(1)(ii)(B) of this AD.
    (A) Within the ``Mandatory Threshold'' (flight cycles or flight
hours) specified in table 1 of paragraph 1.E.(2) of Airbus Mandatory
Service Bulletin A340-57-4089, Revision 02, dated January 24, 2006;
or Airbus Mandatory Service Bulletin A330-57-3081, Revision 02,
dated January 24, 2006; depending on the configuration of the
aircraft model; or within 3 months after September 13, 2007;
whichever occurs later. The compliance times for Model A330 post-
mod. No. 41652 and pre-mod. No. 44360, post-mod. No. 44360, and pre-
mod. No. 49202 (specified in Airbus Mandatory Service Bulletin A330-
57-3081, Revision 02, dated January 24, 2006); and Model A340 post-
mod. No. 41652, post-mod. No. 43500 and pre-mod. No. 44360, post-
mod. No. 44360 and pre-mod. No. 49202, and Weight Variant 027
(specified in Airbus Mandatory Service Bulletin A340-57-4089,
Revision 02, dated January 24, 2006); specified in the ``Mandatory
Threshold'' column in table 1 of paragraph 1.E., ``Compliance,'' are
total flight cycles and total flight hours.
    (B) Within the ``Mandatory Threshold'' (flight cycles or flight
hours) specified in table 1 of paragraph 1.E.(2) of the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A330-57-3081, Revision 03, dated July 31, 2009; or Airbus Mandatory
Service Bulletin A340-57-4089, Revision 03, dated July 31, 2009; as
applicable; or within 3 months after the effective date of this AD;
whichever occurs later. The compliance times for configuration 02
through 06 specified in the ``Mandatory Threshold'' column in table
1 of paragraph 1.E., ``Compliance,'' are total flight cycles and
total flight hours.
    (2) For airplanes on which an inspection required by paragraph
(h) of this AD has been done as of the effective date of this AD: At
the earlier of the times specified in paragraphs (n)(2)(i) and
(n)(2)(ii) of this AD.
    (i) Within the ``Mandatory Intervals'' given in table 1 of
paragraph 1.E.(2) of Airbus Mandatory Service Bulletin A340-57-4089,
Revision 02, dated January 24, 2006; or Airbus Mandatory Service
Bulletin A330-57-3081, Revision 02, dated January 24, 2006; as
applicable.
    (ii) Within the applicable ``Mandatory Interval'' specified in
table 1 of Paragraph 1.E.(2). of Airbus Mandatory Service Bulletin
A330-57-3081, Revision 03, dated July 31, 2009; or Airbus Mandatory
Service Bulletin A340-57-4089, Revision 03, dated July 31, 2009; as
applicable; or within 3 months after the effective date of this AD;
whichever occurs later.

    Note 3:  To prevent large repairs or heavy maintenance, Airbus
recommends to perform the above inspection according to recommended
thresholds specified in paragraph 1.E.(2) of Airbus Mandatory
Service Bulletin A330-57-3081, Revision 03, dated July 31, 2009; or
Airbus Mandatory Service Bulletin A340-57-4089, Revision 03, dated
July 31, 2009; as applicable.

    (o) If any cracking is found during any inspection required by
paragraph (n) of this AD, before further flight, repair in
accordance with a method approved by the International Branch, ANM-
116, Transport Airplane Directorate, FAA, or EASA (or its delegated
agent).
    (p) If no cracking is found during any inspection required by
paragraph (n) of this AD, do the actions required by paragraphs
(p)(1) and (p)(2) of this AD.
    (1) Before further flight: Install new or oversized fastener, as
applicable; seal the fastener; and do all other applicable actions;
in accordance with the Accomplishment Instructions of Airbus
Mandatory Service Bulletin A330-57-3081, Revision 03, dated July 31,
2009; or Airbus Mandatory Service Bulletin A340-57-4089, Revision
03, dated July 31, 2009; as applicable.
    (2) Repeat the inspection required by paragraph (n) of this AD
thereafter at intervals not to exceed the mandatory intervals
specified in Paragraph 1.E.(2). of Airbus Mandatory Service Bulletin
A330-57-3081, Revision 03, dated July 31, 2009; or Airbus Mandatory
Service Bulletin A340-57-4089, Revision 03, dated July 31, 2009; as
applicable.

    Note 4:  To prevent large repairs or heavy maintenance, Airbus
recommends to perform the above repetitive inspection according to
recommended intervals mentioned in paragraph 1.E.(2) of Airbus
Mandatory Service Bulletin A330-57-3081, Revision 03, dated July 31,
2009; or Airbus Mandatory Service Bulletin A340-57-4089, Revision
03, dated July 31, 2009; as applicable.

Credit for Actions Accomplished in Accordance With Previous Service
Information

    (q) Inspections done before the effective date of this AD in
accordance with the service information specified in table 2 of this
AD are acceptable for compliance with the corresponding inspection
required by paragraph (n) of this AD.

                             Table 2--Credit Service Information for Certain Actions
----------------------------------------------------------------------------------------------------------------
                 Document                            Revision                              Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A330-57- 02..........................  January 24, 2006.
 3081.
Airbus Mandatory Service Bulletin A340-57- 02..........................  January 24, 2006.
 4089.
Airbus Service Bulletin A330-57-3081.....  Original....................  October 30, 2003.
Airbus Service Bulletin A330-57-3081.....  01..........................  May 18, 2004.
Airbus Service Bulletin A340-57-4089.....  Original....................  October 30, 2003.
Airbus Service Bulletin A340-57-4089.....  01..........................  March 2, 2004.
----------------------------------------------------------------------------------------------------------------

    (r) Modifying the fasteners installation in the junction keel
beam fitting at FR 40, in accordance with Airbus Service Bulletin
A330-57-3098, dated August 30, 2007; or Airbus Service Bulletin
A340-57-4106, dated August 30, 2007; as applicable; before the
effective date of this AD terminates the requirements of this AD;
except for airplanes on which a crack was detected at hole 5 before
oversizing of the keel beam (in accordance with step 3.B.(1)(b)3 of
the Accomplishment Instructions of Airbus Service Bulletin A330-57-
3098 or Airbus Service Bulletin A340-57-4106), before further
flight, repair in accordance with a method approved by the
International Branch, ANM-116, Transport Airplane Directorate, FAA,
or EASA (or its delegated agent).
    (s) Modifying the fasteners installation in the junction keel
beam fitting at FR 40, in accordance with Airbus Service Bulletin
A330-57-3098, Revision 01, dated July 31, 2009; or Airbus Service
Bulletin A340-57-4106, Revision 01, dated July 31, 2009; as
applicable; terminates the requirements of this AD.
    (t) Modifying the fasteners installation in the junction keel
beam fitting at FR 40, in accordance with Airbus Service Bulletin
A330-57-3090, dated March 27, 2006; or Airbus Service Bulletin A340-
57-4098, dated March 27, 2006; as applicable; terminates the
requirements of this AD.
    (u) In case of any crack finding during any modification
specified paragraphs (r), (s), and (t) of this AD: Where the
applicable service bulletin specifies to contact Airbus, before
further flight, repair in accordance with a method approved by the
International Branch, FAA, or EASA (or its delegated agent).

FAA AD Differences

    Note 5:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (v) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International 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 Branch, send it
to ATTN: Vladimir Ulyanov, Aerospace Engineer, International Branch,
ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax (425)
227-1149. Information may be e-mailed 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. The AMOC approval letter must
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (w) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2010-0024, dated February 12, 2010, and the applicable
service information specified/identified in table 3 of this AD, for
related information.

                                      Table 3--Related Service Information
----------------------------------------------------------------------------------------------------------------
                 Document                            Revision                              Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A330-57- 02..........................  January 24, 2006.
 3081.
Airbus Mandatory Service Bulletin A330-57- 03..........................  July 31, 2009.
 3081.
Airbus Mandatory Service Bulletin A340-57- 02..........................  January 24, 2006.
 4089.
Airbus Mandatory Service Bulletin A340-57- 03..........................  July 31, 2009.
 4089.
Airbus Service Bulletin A330-57-3090.....  Original....................  March 27, 2006.
Airbus Service Bulletin A330-57-3098.....  01..........................  July 31, 2009.
Airbus Service Bulletin A340-57-4106.....  01..........................  July 31, 2009.
Airbus Service Bulletin A340-57-4098.....  Original....................  March 27, 2006.
Airbus A330/A340 200-300 Technical         Issue B.....................  August 18, 2003.
 Disposition F57D03012810.
Airbus A330/A340 Technical Disposition     Issue A.....................  October 17, 2002.
 582.0651/2002.
----------------------------------------------------------------------------------------------------------------

    Issued in Renton, Washington, on July 7, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-18131 Filed 7-18-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: January 31, 2008 (Volume 73, Number 21)]
[Rules and Regulations]
[Page 5739-5741]
[DOCID:fr31ja08-8]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-0276; Airspace Docket No. 07-AEA-16]

Establishment of Class E Airspace; Lewisburg, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, request for comments.

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

SUMMARY: This action establishes Class E Airspace at Lewisburg, PA to
support a new Area Navigation (RNAV) Global Positioning System (GPS)
Special Instrument Approach Procedure (IAP) that has been developed for
medical flight operations into the Evangelical Community Hospital East
Heliport. This action enhances the safety and

management of Instrument Flight Rule (IFR) operations by providing the
required controlled airspace for this approach at Lewisburg, PA.

DATES: Effective 0901 UTC, April 10, 2008. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments. Comments for
inclusion in the Rules Docket must be received on or before March 17,
2008.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;
Telephone: 1-800-647-5527; Fax:<PHONE_NUMBER>. You must identify the
Docket Number FAA-2007-0276; Airspace Docket No. 07-AEA-16, at the
beginning of your comments. You may also submit and review received
comments through the Internet at http://www.regulations.gov.
    You may review the public docket containing the rule, any comments
received, and any final disposition in person in the Dockets Office
(see ADDRESSES section for address and phone number) between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays. An informal
docket may also be examined during normal business hours at the office
of the Eastern Service Center, Federal Aviation Administration, Room
210, 1701 Columbia Avenue, College Park, Georgia 30337.

FOR FURTHER INFORMATION CONTACT: Daryl Daniels, Airspace Specialist,
System Support Group, Eastern Service Center, Federal Aviation
Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404)
305-5581, fax<PHONE_NUMBER> or via e-mail to<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse
or negative comments, and, therefore, issues it as a direct final rule.
The FAA has determined that this rule only involves an established body
of technical regulations for which frequent and routine amendments are
necessary to keep them operationally current. Unless a written adverse
or negative comment or a written notice of intent to submit an adverse
or negative comment is received within the comment period, the
regulation will become effective on the date specified above. After the
close of the comment period, the FAA will publish a document in the
Federal Register indicating that no adverse or negative comments were
received and confirming the effective date. If the FAA receives, within
the comment period, an adverse or negative comment, or written notice
of intent to submit such a comment, a document withdrawing the direct
final rule will be published in the Federal Register, and a notice of
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written data, views,
or arguments as they may desire. An electronic copy of this document
may be downloaded from and comments may be submitted and reviewed at
http://www.regulations.gov. Recently published rulemaking dockets can
also be accessed through the FAA's Web page at http://www.faa.gov or
the Federal Register's Web page at http://www.gpoaccess.gov/fr/
index.html. Communications should identify both docket numbers and be
submitted in triplicate to the address specified under the caption
ADDRESSES above or through the Web site. All communications received on
or before the closing date for comments will be considered, and this
rule may be amended or withdrawn in light of the comments received.
    Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. Factual information that supports
the commenter's ideas and suggestions is extremely helpful in
evaluating the effectiveness of this action and determining whether
additional rulemaking action would be needed. All comments submitted
will be available, both before and after the closing date for comments,
in the Rules Docket for examination by interested persons. Those
wishing the FAA to acknowledge receipt of their comments submitted in
response to this rule must submit a self-addressed, stamped postcard on
which the following statement is made: ``Comments to Docket No. FAA-
2007-0276; Airspace Docket No. 07-AEA-16.'' The postcard will be date
stamped and returned to the commenter.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace at Lewisburg, PA, providing the
controlled airspace required to support the new Copter RNAV (GPS) 360
Point in Space (PinS) approach developed for the Evangelical Community
Hospital East Heliport. In today's environment where speed of treatment
for medical injuries is imperative, various landing sites have been
developed for helicopter medical Lifeguard flights or Lifeflights to
assist local hospitals; this is one of those sites. Controlled
airspace, known as Class E5 airspace, extending upward from 700 feet
Above Ground Level (AGL) is required for instrument flight rule
operations and to encompass all instrument approach procedures to the
extent practical. In this instance, that airspace is airspace within a
six mile radius of the Point in Space associated with this approach at
Lewisburg, PA. Designations for Class E airspace areas extending upward
from 700 feet or more above the surface of the Earth are published in
FAA Order 7400.9R, signed August 15, 2007, effective September 15,
2007, which is incorporated by reference in 14 CFR part 71.1. The Class
E designations listed in this document will be published subsequently
in the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government. Therefore, it is
determined that this final rule does not have federalism implications
under Executive Order 13132.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the

authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the agency's authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes controlled airspace serving the Evangelical Community
Hospital East in Lewisburg, PA.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

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

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

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

Sec.   71.1 [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9R, Airspace Designations and Reporting
Points, signed August 15, 2007, effective September 15, 2007, is
amended as follows:

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

* * * * *

AEA PA E5 Lewisburg, PA [New]

Evangelical Community Hospital East Heliport
    (lat. 40[deg]58'47'' N., long. 76[deg]53'08'' W.)
Point in Space Coordinates
    (lat. 40[deg]58'09'' N., long. 76[deg]52'58'' W.)

    That airspace extending upward from 700 feet above the surface
of the Earth within a 6-mile radius of the Point in Space
coordinates (lat. 40[deg]58'09'' N., long. 76[deg]52'58'' W.)
serving the Evangelical Community Hospital East Heliport.
* * * * *

    Issued in College Park, Georgia, on December 17, 2007.
Mark D. Ward,
Manager, System Support Group, Eastern Service Center.
[FR Doc. 08-349 Filed 1-30-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 84, Number 45 (Thursday, March 7, 2019)]
[Rules and Regulations]
[Pages 8257-8260]
[FR Doc No: 2019-04065]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0121; FRL-9990-44-Region 5]

Air Plan Approval; Ohio; Ohio Permit Rules Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to Ohio air permitting rules at Ohio Administrative Code
(OAC) 3745-31 into the State Implementation Plan (SIP) under the Clean
Air Act (CAA). These revisions represent minor changes to the air
permitting rules the Ohio Environmental Protection Agency (OEPA)
adopted on April 21, 2016, which became effective at the state level on
May 1, 2016.

DATES: This final rule is effective on April 8, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0121. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. We recommend
that you telephone Sam Portanova, Environmental Engineer, at (312) 886-
3189 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Sam Portanova, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. Background
II. What action is EPA taking?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

    On January 2, 2018, OEPA submitted revisions to rules in OAC
chapters 3745-31-01, 3745-31-03, 3745-31-05, 3745-31-06, 3745-31-11,
3745-31-13, and 3745-31-14 to EPA for approval into the SIP. These
revisions pertain to air permitting rules which update definitions,
provisions for exemptions and permits-by-rule, criteria for permits-to-
install and permits-to-install-and-operate, and attainment provisions.
Ohio adopted revisions to these rules on April 21, 2016. In the January
2, 2018, submittal, OEPA requested that the following paragraphs be
excluded from approval into the SIP: OAC 3745-31-01(I), (NN)(2)(b) and
(c), (SSS)(1)(b), (CCCC)(2)(d) through (h), (QQQQ), (JJJJJ), and
(BBBBBB); 3745-31-03(B)(1)(p) and (C)(2)(c)(iii); 3745-31-
05(A)(3)(a)(ii) and (E); and 3745-31-13(H)(1)(c). On July 27, 2018,
OEPA submitted a supplement to the January 2, 2018, SIP submittal to
address requirements of Section 110(l) of the CAA.
    On October 25, 2018 (83 FR 53832), EPA published a proposed
approval of the rule revisions included in the January 2, 2018,
submittal from OEPA. The specific details of OEPA's January 2, 2018,
SIP submittal and the rationale for EPA's approval were discussed in
the October 25, 2018 proposed approval and will not be restated here.
EPA received no comments during the comment period of the proposed
approval.

II. What action is EPA taking?

    EPA is approving rule revisions to 3745-31-01, 3745-31-03, 3745-31-
05, 3745-31-06, 3745-31-11, 3745-31-13, and 3745-31-14 that OEPA
submitted on January 2, 2018, into the SIP. EPA finds that the
revisions are consistent with Federal requirements. As requested by
OEPA, the following provisions are not included in this approval: OAC
3745-31-01(I), (NN)(2)(b) and (c), (SSS)(1)(b), (CCCC)(2)(d) through
(h), (QQQQ), (JJJJJ), and (BBBBBB); 3745-31-03(B)(1)(p) and
(C)(2)(c)(iii); 3745-31-05(A)(3)(a)(ii) and (E); and 3745-31-
13(H)(1)(c).

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Ohio
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov, and at the EPA Region
5 Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as

appropriate, disproportionate human health or environmental effects,
using practicable and legally permissible methods, under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 6, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 25, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. In Sec.  52.1870, the table in paragraph (c) is amended by removing
the first entry for 3745-31-01 and revising the entries for the
remaining 3745-31-01 and 3745-31-03, 3745-31-05, 3745-31-06, 3745-31-
11, 3745-31-13, and 3745-31-14 under ``Chapter 3745-31 Permit-to
Install New Sources and Permit-to-Install and Operate Program'' to read
as follows:

Sec.  52.1870   Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Ohio Regulations
----------------------------------------------------------------------------------------------------------------
                                                  Ohio
      Ohio citation          Title/Subject     effective           EPA Approval date                 Notes
                                                  date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
             Chapter 3745-31 Permit-to Install New Sources and Permit-to-Install and Operate Program
----------------------------------------------------------------------------------------------------------------
3745-31-01..............  Definitions.......     5/1/2016  3/7/2019, [Insert Federal          Except for (I),
                                                            Register citation].                (NN)(2)(b) and
                                                                                (c), (SSS)(1)(b),
                                                                                (CCCC)(2)(d)
                                                                                through (h),
                                                                                (QQQQ), (JJJJJ),
                                                                                and (BBBBBB).

                                                  * * * * * * *
3745-31-03..............  Exemptions and         5/1/2016  3/7/2019, [Insert Federal          Except for
                           Permits-by-Rule.                 Register citation].                (B)(1)(p) and
                                                                                (C)(2)(c)(iii).

                                                  * * * * * * *
3745-31-05..............  Criteria for           5/1/2016  3/7/2019, [Insert Federal          Except for
                           Decision by the                  Register citation].                (A)(3)(a)(ii) and
                           Director.                                                           (E).
3745-31-06..............  Completeness           5/1/2016  3/7/2019, [Insert Federal          ..................
                           Determinations,                  Register citation].
                           Processing
                           Requirements,
                           Public
                           Participation,
                           Public Notice and
                           Issuance.

                                                  * * * * * * *
3745-31-11..............  Attainment             5/1/2016  3/7/2019, [Insert Federal          ..................
                           Provisions--Ambie                Register citation].
                           nt Air
                           Increments,
                           Ceilings and
                           Classifications.

                                                  * * * * * * *
3745-31-13..............  Attainment             5/1/2016  3/7/2019, [Insert Federal          Except for
                           Provisions--Revie                Register citation].                (H)(1)(c).
                           w of Major
                           Stationary
                           Sources and Major
                           Modifications,
                           Stationary Source
                           Applicability and
                           Exemptions.
3745-31-14..............  Attainment             5/1/2016  3/7/2019, [Insert Federal          ..................
                           Provisions--Pre-                 Register citation].
                           application
                           Analysis.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-04065 Filed 3-6-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Rules and Regulations]
[Page 54902]
[FR Doc No: 2022-19354]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 367

[Docket No. FMCSA-2022-0001]
RIN 2126-AC51

Fees for the Unified Carrier Registration Plan and Agreement

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Final rule; correcting amendment.

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

SUMMARY: The Federal Motor Carrier Safety Administration is correcting
a final rule that published September 1, 2022, in the Federal Register.
The document amended the regulations for the annual registration fees
States collect from motor carriers, motor private carriers of property,
brokers, freight forwarders, and leasing companies for the Unified
Carrier Registration (UCR) Plan and Agreement for the 2023 registration
year and subsequent registration years.

DATES: Effective September 8, 2022.

FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Riddle, Director, Office
of Registration and Safety Information, FMCSA, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, [email protected]. If you have
questions on viewing or submitting material to the docket, call Dockets
Operations at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: FMCSA is correcting the final rule on UCR
fees that published September 1, 2022 at 87 FR 53680. This rule amended
the regulations for the annual registration fees States collect from
motor carriers, motor private carriers of property, brokers, freight
forwarders, and leasing companies for the Unified Carrier Registration
(UCR) Plan and Agreement for the 2023 registration year and subsequent
registration years. An inadvertent typographical error created an
incorrect authority citation. This document corrects this error.

List of Subjects in 49 CFR Part 367

    Intergovernmental relations, Motor carriers, Brokers, Freight
Forwarders.

    Accordingly, FMCSA corrects 49 CFR part 367 by making the following
correcting amendment:

PART 367--STANDARDS FOR REGISTRATION WITH STATES

0
1. The authority citation for part 367 is revised to read as follows:

    Authority:  49 U.S.C. 13301, 14504a; and 49 CFR 1.87.

    Issued under authority delegated in 49 CFR 1.87.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-19354 Filed 9-7-22; 8:45 am]
BILLING CODE P


[Federal Register Volume 86, Number 104 (Wednesday, June 2, 2021)]
[Rules and Regulations]
[Pages 29488-29489]
[FR Doc No: 2021-11425]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0062 Airspace Docket No. 20-ASO-21]
RIN 2120-AA66

Amendment of Area Navigation (RNAV) Route T-207; in the Vicinity
of Cecil, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends low altitude RNAV route T-207 in Florida by
removing the Cecil, FL (VQQ), VOR from the route description due to the
planned decommissioning of that VOR. The removal does not affect
navigation along the route.

DATES: Effective date 0901 UTC, August 12, 2021. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of FAA Order 7400.11E at NARA, email:
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it improves the efficiency of the NAS by lessening the
dependency on ground-based navigation aids.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2021-0062 in the Federal Register (86 FR 12866; March 5, 2021)
amending low altitude RNAV route T-207 by removing the Cecil, FL, VOR
from the route description. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal. No comments were received.
    United States Area Navigation routes are published in paragraph
6011 of FAA Order 7400.11E, dated July 21, 2020, and effective
September 15, 2020, which is incorporated by reference in 14 CFR 71.1.
The RNAV route listed in the document will be subsequently published in
the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends 14 CFR part 71 by amending low altitude RNAV
route T-207 by removing the Cecil, FL (VQQ), VOR from the route
description. This action is necessary due to the planned
decommissioning of the Cecil VOR. The Cecil VOR is located along a
straight segment of T-207 between the CARRA, FL, Fix, and the MONIA,
FL, Fix. The VOR is not a required component for navigating on T-207.
Removal of the Cecil VOR does not affect the alignment of, or
navigation along, T-207.

    In addition, all latitude/longitude coordinates in the route
description are updated to the hundredths of a second place for greater
navigation accuracy.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this airspace action of amending the
low altitude area navigation route T-207 due to the decommissioning of
the Cecil, FL, VOR qualifies for categorical exclusion under the
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its
implementing regulations at 40 CFR part 1500, and in accordance with
FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points). As such, this action
is not expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. Accordingly, the FAA has determined that no extraordinary
circumstances exist that warrant preparation of an environmental
assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

                                                    * * * * *
T-207 Ormond Beach, (OMN) to Waycross, GA (AYS) [Amended]
----------------------------------------------------------------------------------------------------------------

Ormond Beach, FL (OMN)           VORTAC             (Lat. 29[deg]18'11.71'' N, long. 81[deg]06'45.71'' W)
CARRA, FL                        Fix                (Lat. 29[deg]43'50.91'' N, long. 81[deg]36'29.10'' W)
MONIA, FL                        Fix                (Lat. 30[deg]28'49.00'' N, long. 82[deg]02'53.44'' W)
Waycross, GA (AYS)               VORTAC             (Lat. 31[deg]16'09.93'' N, long. 82[deg]33'23.20'' W)

                                                    * * * * *

    Issued in Washington, DC, on May 25, 2021.
George Gonzalez,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-11425 Filed 6-1-21; 8:45 am]
BILLING CODE 4910-13-P