[Federal Register: May 28, 2009 (Volume 74, Number 101)]
[Rules and Regulations]
[Page 25390-25394]
[DOCID:fr28my09-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0119; Directorate Identifier 2008-CE-068-AD;
Amendment 39-15916; AD 2009-11-06]
RIN 2120-AA64

Airworthiness Directives; M7 Aerospace LP Models SA226-AT, SA226-
T, SA226-TC, SA227-AC (C-26A), SA227-AT, SA227-BC (C-26A), SA227-CC,
and SA227-DC (C-26B) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) to
supersede AD 2008-12-16, which applies to certain M7 Aerospace LP SA226
and SA227 series airplanes. AD 2008-12-16 currently requires you to
inspect wires and tube assemblies for chafing, arcing, or insufficient
clearance between components. If chafing, arcing, or insufficient
clearance between components is found, AD 2008-12-16 requires you to
clear, repair, and/or replace all chafed wires, components, and tube
assemblies. AD 2008-12-16 also requires you to cover the four-gauge
wires leaving the battery box with firesleeving and secure them with a
clamp. Since we issued AD 2008-12-16, M7 Aerospace LP has notified us
that Model SA227-BC (C-26A) was inadvertently left out of the
Applicability section of the AD, and they updated some of the service
information due to parts availability. Operators have also identified
issues with model applicability that needed clarification.
Consequently, this AD retains the actions of AD 2008-12-16, adds Model
SA227-BC (C-26A) to the Applicability section, and regroups the models
for clarification. We are issuing this AD to detect and correct chafing
of electrical wires, components, and tube assemblies. This condition
could result in arcing of exposed wires with consequent burning of a
hole in a hydraulic line or the bleed air line. This failure could lead
to a hydraulic fluid leak and a possible fire in the engine nacelle
compartment.

DATES: This AD becomes effective on July 2, 2009.
    On July 2, 2009, the Director of the Federal Register approved the
incorporation by reference of certain publications listed in Table 2 of
this AD.
    As of July 23, 2008 (73 FR 34615, June 18, 2008), the Director of
the Federal Register approved the incorporation by reference of certain
publications listed in Table 3 of this AD.

ADDRESSES: For service information identified in this AD, contact M7
Aerospace Repair Station, 10823 NE Entrance Road, San Antonio, Texas
78216; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; Internet: http:/
/www.m7aerospace.com.
    To view the AD docket, go to U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
http://www.regulations.gov. The docket number is FAA-2009-0119;
Directorate Identifier 2008-CE-068-AD.

FOR FURTHER INFORMATION CONTACT: Werner Koch, Aerospace Engineer, ASW-
150, Fort Worth Airplane Certification Office, 2601 Meacham Blvd., Fort
Worth, Texas 76137; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On February 6, 2009, we issued a proposal to amend part 39 of the
Federal Aviation Regulations (14 CFR part 39) to include an AD that
would apply to certain M7 Aerospace LP SA226 and SA227 series
airplanes. This proposal was published in the Federal Register as a
notice of proposed rulemaking (NPRM) on February 12, 2009 (74 FR 7006).
The NPRM proposed to supersede AD 2008-12-16 with a new AD that would
retain the actions of AD 2008-12-16, add the Model SA227-BC (C-26A) to
the Applicability section, and regroup the models for clarification.

Comments

    We provided the public the opportunity to participate in developing
this AD. The following presents the comment received on the proposal
and FAA's response:

Comment Issue: Inspection Applicability

    George L. Smith commented that it was unclear if paragraph (e)(3)
of the AD applied to airplanes with batteries mounted in the nose of
the airplane or if the AD only applied to airplanes with the battery
located in the wing leading edge.
    As specified in the Applicability section, this AD applies to all
serial numbers regardless of where the battery is located. Therefore
the actions required in paragraph (e)(3) of this AD apply to all
airplanes listed in the Applicability section regardless of where the
battery is located. For added clarity we are adding the applicable
serial numbers to the paragraph.
    We are changing the final rule AD by adding the applicable serial
numbers to each action based on this comment.

Conclusion

    We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed
except for the change previously discussed and minor editorial
corrections. We have determined that these minor corrections:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 268 airplanes in the U.S.
registry.
    We estimate the following costs to do the inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost per   Total cost on
                  Labor cost                               Parts cost                airplane     U.S. operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $80 per hour = $320............  Not Applicable..................            $320         $85,760
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary modifications
for certain Models SA226-AT, SA226-T, SA226-TC, SA227-AC, and SA227-AT
airplanes referenced in M7 Aerospace SA226 Series Service Bulletin 226-
24-019, revised: November 21, 2008; or M7 Aerospace SA227 Series
Service Bulletin 227-24-001, revised: November 21, 2008. We estimate 88
airplanes may need this modification:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost per   Total cost on
                           Labor cost                               Parts cost       airplane     U.S. operators
----------------------------------------------------------------------------------------------------------------
13 work-hours x $80 per hour = $1,040...........................              $7          $1,047         $92,136
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs for
certain Models SA226-AT, SA226-TC, SA227-AC, and SA227-AT referenced in
M7 Aerospace SA226 Series Service Bulletin 226-24-020, revised: August
4, 2008; or M7 Aerospace SA227 Series Service Bulletin 227-24-002,
revised: November 21, 2008. We have no way of determining the number of
airplanes that may need this repair:

------------------------------------------------------------------------
                                                          Total cost per
               Labor cost                   Parts cost       airplane
------------------------------------------------------------------------
50 work-hours x $80 per hour = $4,000...          $3,000          $7,000
------------------------------------------------------------------------

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 AD.

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. 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 summary of the costs to comply with this AD (and
other information as included in the Regulatory Evaluation) and placed
it in the AD Docket. You may get a copy of this summary by sending a
request to us at the address listed under ADDRESSES. Include ``Docket
No. FAA-2009-0119; Directorate Identifier 2008-CE-068-AD'' in your
request.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the Federal Aviation Administration amends part 39 of the Federal
Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2008-12-16, Amendment 39-15560 (73 FR 34615, June 18, 2008), and adding
the following new AD:

2009-11-06 M7 Aerospace LP: Amendment 39-15916; Docket No. FAA-2009-
0119; Directorate Identifier 2008-CE-068-AD.

Effective Date

    (a) This AD becomes effective on July 2, 2009.

Affected ADs

    (b) This AD supersedes AD 2008-12-16, Amendment 39-15560.

Applicability

    (c) This AD applies to Models SA226-AT, SA226-T, SA226-TC,
SA227-AC (C-26A), SA227-AT, SA227-BC (C-26A), SA227-CC, and SA227-DC
(C-26B) airplanes, all serial numbers, that are certificated in any
category.

Unsafe Condition

    (d) This AD results from five reports of chafing between the
bleed air tube assembly and the electrical starter cables on M7
Aerospace LP SA226 and SA227 series airplanes with one incident
resulting in a fire. We are issuing this AD to detect and correct
chafing of electrical wires and components, hydraulic tube
assemblies, and bleed air tube assemblies. This condition could
result in arcing of the exposed wires with consequent burning of a
hole in a hydraulic line or the bleed air line. This failure could
lead to a possible hydraulic fluid leak and fire in the engine
nacelle compartment.

Compliance

    (e) To address this problem, you must do the following, unless
already done:

                                  Table 1--Actions, Compliance, and Procedures
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               Actions                             Compliance                            Procedures
----------------------------------------------------------------------------------------------------------------
(1) For the following model and       Within 250 hours time-in-service      Use the following service
 serial number (S/N) airplanes,        (TIS) after July 23, 2008 (the        information as applicable:
 inspect the main battery leads        effective date of AD 2008-12-16).    (A) For Models SA226-AT, SA226-T,
 running forward from the battery                                            and SA226-TC airplanes: Follow M7
 compartment for deterioration,                                              Aerospace SA226 Series Service
 cover the four-gauge wires leaving                                          Bulletin No. 226-24-019, revised:
 the battery box with firesleeving,                                          November 21, 2008; or Fairchild
 and secure them with a clamp:                                               Aircraft Corporation SA226 Series
(i) SA226-AT, S/N AT-001 through AT-                                         Service Bulletin No. SB 24-019,
 419;                                                                        revised: May 17, 1983; or
(ii) SA226-T, S/N T-201 through T-                                          (B) For Models SA227-AC (C-26A) and
 248;                                                                        SA227-AT airplanes: Follow M7
(iii) SA226-TC, S/N TC-201 through                                           Aerospace SA227 Series Service
 TC-419;                                                                     Bulletin No. 227-24-001, revised:
(iv) SA227-AC (C-26A), S/N AC-420                                            November 21, 2008; or Fairchild
 through AC-539, AC-541, AC-543, AC-                                         Aircraft Corporation SA227 Series
 544, AC-547 through AC-551; and                                             Service Bulletin No. SB24-001,
(v) SA227-AT, S/N AT-423 through AT-                                         revised: May 17, 1983.
 551.
(2) For the following model and S/N   Before further flight after the       Use the following service
 airplanes, reroute the hydraulic      modification required in paragraph    information as applicable:
 tube assemblies in the right wing     (e)(1) of this AD and you were not   (A) For Models SA226-AT, and SA226-
 leading edge, reroute the battery     able to obtain a minimum 0.50-inch    TC airplanes: Follow M7 Aerospace
 cables and 22-gauge wire bundle,      clearance between the bleed air       SA226 Series Service Bulletin No.
 and install a new access panel        line and the tubing on the battery    226-24-020, revised: August 4,
 forward of the battery box:           cables.                               2008; or Fairchild Aircraft
(i) SA226-AT, S/N AT-001 through AT-                                         Corporation SA226 Series Service
 074;                                                                        Bulletin No. SB 24-020, revised:
(ii) SA226-TC, S/N TC-201 through TC-                                        February 15, 1984; or
 419;                                                                       (B) For Models SA227-AC (C-26A) and
(iii) SA227-AC (C-26A), S/N AC-420                                           SA227-AT, airplanes: Follow M7
 through AC-539, AC-541, AC-543, AC-                                         Aerospace SA227 Series Service
 544, AC-547 through AC-550; and                                             Bulletin No. 227-24-002, revised:
(iv) SA227-AT, S/N AT-423 through AT-                                        November 21, 2008; or Fairchild
 551.                                                                        Aircraft Corporation SA227 Series
                                                                             Service Bulletin No. SB24-002,
                                                                             revised: February 15, 1984.
(3) For model SA226-AT, SA226-T,      Within 250 hours TIS after July 23,   Use the following service
 SA226-TC, SA227-AC (C-26A), SA227-    2008 (the effective date of AD 2008-  information as applicable:
 AT, SA227-CC, and SA227-DC (C-26B)    12-16). Repetitively thereafter      (i) For Models SA226-AT, SA226-T,
 airplanes, all S/N: Inspect           inspect at intervals not to exceed    and SA226-TC airplanes: Follow M7
 electrical wires and components,      12 months.                            Aerospace SA226 Series Service
 hydraulic tube assemblies, and                                              Bulletin No. 226-24-036, revised
 bleed air tube assemblies at the                                            November 21, 2008; or M7 Aerospace
 left hand and right hand (LH/RH)                                            SA226 Series Service Bulletin No.
 inboard wing leading edge/battery                                           226-24-036, issued: September 19,
 box areas, LH/RH wing stations                                              2007;
 51.167 to 81.174, and at all feed-                                         (ii) For Models SA227-AC (C-26A) and
 through locations into the LH/RH                                            SA227-AT, airplanes: Follow M7
 inboard keelson for any evidence of                                         Aerospace SA227 Series Service
 chafing or arcing.                                                          Bulletin No. 227-24-019, revised:
                                                                             November 21, 2008; or M7 Aerospace
                                                                             SA227 Series Service Bulletin No.
                                                                             227-24-019, issued: September 19,
                                                                             2007; or
                                                                            (iii) For Models SA227-CC and SA227-
                                                                             DC (C-26B) airplanes: Follow SA227
                                                                             Series Commuter Category Service
                                                                             Bulletin No. CC7-24-010, revised
                                                                             November 21, 2008; or SA227 Series
                                                                             Commuter Category Service Bulletin
                                                                             No. CC7-24-010, issued September
                                                                             19, 2007.
(4) For model SA227-BC (C-26A)        Within 250 hours TIS after July 2,    Follow M7 Aerospace SA227 Series
 airplanes, all S/N: Inspect the       2009 (the effective date of this      Service Bulletin No. 227-24-001,
 main battery leads running forward    AD).                                  revised: November 21, 2008.
 from the battery compartment for
 any evidence of insulation
 deterioration.
(5) For model SA227-BC (C-26A)        Within 250 hours TIS after July 2,    Follow M7 Aerospace SA227 Series
 airplanes, all S/N: Inspect           2009 (the effective date of this      Service Bulletin No. 227-24-019,
 electrical wires and components,      AD). Repetitively thereafter          revised: November 21, 2008.
 hydraulic tube assemblies, and        inspect at intervals not to exceed
 bleed air tube assemblies at LH/RH    12 months.
 inboard wing leading edge/battery
 box areas, LH/RH wing stations
 51.167 to 81.174, and at all feed-
 through locations into the LH/RH
 inboard keelson for any evidence of
 insulation deterioration, chafing,
 or arcing.

(6) For all model and S/N airplanes:  Before further flight after any       Use the service information from
 Clear, repair, and/or replace all     inspection required in paragraphs     paragraphs (e)(1), (e)(3), (e)(4),
 electrical wires and components,      (e)(1), (e)(3), (e)(4), and (e)(5)    and (e)(5) of this AD, as
 hydraulic tube assemblies, and        of this AD where any evidence of      applicable.
 bleed air tube assemblies, in the     insulation deterioration, chafing,
 inspection area and feed-through      or arcing was found.
 locations that show any sign of
 insulation deterioration, chafing,
 or arcing, as required.
----------------------------------------------------------------------------------------------------------------

    Note: Although not a requirement of this AD, you may incorporate
Swearingen Aviation Corporation SA226 Series Service Bulletin No.
57-010, revised: December 5, 1975, on those airplanes that have not
installed the access panel. Installation of the access panel will
simplify the incorporation of the service bulletins referenced in
this AD and future inspections of the areas of concern.

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Fort Worth Airplane Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Werner Koch, Aerospace Engineer, ASW-150, Fort Worth Airplane
Certification Office, 2601 Meacham Blvd., Fort Worth, Texas 76137;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
appropriate principal inspector (PI) in the FAA Flight Standards
District Office (FSDO), or lacking a PI, your local FSDO

Material Incorporated by Reference

    (g) You must use the service information specified in Table 2 or
Table 3 of this AD to do the actions required by this AD, unless the
AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in
Table 2 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.

               Table 2--Material Incorporated by Reference
------------------------------------------------------------------------
     Service Bulletin No.                         Date
------------------------------------------------------------------------
(i) M7 Aerospace SA226 Series   Revised: November 21, 2008.
 Service Bulletin No. 226-24-
 019.
(ii) M7 Aerospace SA226 Series  Revised: August 4, 2008.
 Service Bulletin No. 226-24-
 020.
(iii) M7 Aerospace SA226        Revised: November 21, 2008.
 Series Service Bulletin No.
 226-24-036.
(iv) M7 Aerospace SA227 Series  Revised: November 21, 2008.
 Service Bulletin No. 227-24-
 001.
(v) M7 Aerospace SA227 Series   Revised: November 21, 2008.
 Service Bulletin No. 227-24-
 002.
(vi) M7 Aerospace SA227 Series  Revised: November 21, 2008.
 Service Bulletin No. 227-24-
 019.
(vii) M7 Aerospace SA227        Revised: November 21, 2008.
 Series Commuter Category
 Service Bulletin No. CC7-24-
 010.
------------------------------------------------------------------------

    (2) On July 23, 2008 (73 FR 34615, June 18, 2008), the Director
of the Federal Register approved the incorporation by reference of
the service information listed in Table 3 of this AD.

          Table 3--Previous Material Incorporated by Reference
------------------------------------------------------------------------
     Service Bulletin No.                         Date
------------------------------------------------------------------------
(i) Fairchild Aircraft          Revised: May 17, 1983.
 Corporation SA226 Series
 Service Bulletin No. SB 24-
 019.
(ii) Fairchild Aircraft         Revised: February 15, 1984.
 Corporation SA226 Series
 Service Bulletin No. SB 24-
 020.
(iii) M7 Aerospace SA226        Issued: September 19, 2007.
 Series Service Bulletin No.
 226-24-036.
(iv) Fairchild Aircraft         Revised: May 17, 1983.
 Corporation SA227 Series
 Service Bulletin No. SB24-001.
(v) Fairchild Aircraft          Revised: February 15, 1984.
 Corporation SA227 Series
 Service Bulletin No. SB24-002.
(vi) M7 Aerospace SA227 Series  Issued: September 19, 2007.
 Service Bulletin No. 227-24-
 019.
(vii) M7 Aerospace SA227        Issued: September 19, 2007.
 Series Commuter Category
 Service Bulletin No. CC7-24-
 010.
------------------------------------------------------------------------

    (3) For service information identified in this AD, contact M7
Aerospace Repair Station, 10823 NE Entrance Road, San Antonio, Texas
78216; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; Internet:
http://www.m7aerospace.com.
    (4) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call<PHONE_NUMBER>.
    (5) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Kansas City, Missouri, on May 18, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-11989 Filed 5-27-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 66 (Wednesday, April 6, 2022)]
[Notices]
[Pages 20031-20033]
[FR Doc No: 2022-07315]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No: PHMSA-2022-0009]

Pipeline Safety: Agency Request for Emergency Approval of an
Information Collection Associated With the Natural Gas Distribution
Infrastructure Safety and Modernization Grant Program

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

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995,
this notice announces that the Information Collection Request (ICR)
abstracted below has been forwarded to the Office of Management and
Budget (OMB) for emergency approval of a proposed information
collection. DOT requests that OMB authorize this collection of
information on or before May 14, 2022. Upon receiving the requested
six-month emergency approval by OMB, DOT will follow the normal PRA
procedures to obtain extended approval for this proposed information
collection. The purpose of this collection is to enable eligible
municipality and community-owned utilities (not including for-profit
entities) to apply for grant assistance under the heading ``Department
of Transportation--Pipeline and Hazardous Materials Safety
Administration--Natural Gas Distribution Infrastructure Safety and
Modernization Grant Program'' in Public Law 117-58. DOT is requesting
emergency approval due to the urgency of making the associated funds
available to the municipality and community-owned utilities that meet
the eligibility requirements under the law.

DATES: Interested persons are invited to submit comments on or before
April 18, 2022.

ADDRESSES: Comments may be submitted in the following ways:
    E-Gov Website: http://www.regulations.gov. This site allows the
public to enter comments on any Federal Register notice issued by any
agency.
    Fax: 1-202-493-2251.
    E-mail: Comments and questions about the ICR identified below may
be transmitted electronically to the Office of Information and
Regulatory Affairs (OIRA) at [email protected].
    Mail: Docket Management Facility; U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE, West Building, Room W12-140,
Washington, DC 20590-0001.
    Hand Delivery: Room W12-140 on the ground level of DOT, West
Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m.
and 5:00 p.m., ET, Monday through Friday, except federal holidays.
    Instructions: Identify the docket number, PHMSA-2022-0009 at the
beginning of your comments. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided.
    Docket: For access to the docket or to read background documents or
comments, go to http://www.regulations.gov at any time or to Room W12-
140 on the ground level of DOT, West Building, 1200 New Jersey Avenue
SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., ET, Monday through
Friday, except Federal holidays. If you wish to receive confirmation of
receipt of your written comments, please include a self-addressed,
stamped postcard with the following statement: ``Comments on: PHMSA-
2022-0009.'' The Docket Clerk will date stamp the postcard prior to
returning it to you via the U.S. mail. Please note that due to delays
in the delivery of U.S. mail to Federal offices in Washington, DC, we
recommend that persons consider an alternative method (internet, fax,
or professional delivery service) of submitting comments to the docket
and ensuring their timely receipt at DOT.
    Privacy Act Statement: DOT may solicit comments from the public
regarding certain general notices. DOT posts these comments, without
edit, including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA, 5 U.S.C. 552), CBI is exempt from
public

disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. Pursuant to 49 CFR 190.343, you may ask
PHMSA to give confidential treatment to information you give to the
Agency by taking the following steps: (1) Mark each page of the
original document submission containing CBI as ``Confidential''; (2)
send PHMSA, along with the original document, a second copy of the
original document with the CBI deleted; and (3) explain why the
information you are submitting is CBI. Submissions containing CBI
should be sent to Angela Hill, DOT, PHMSA, 1200 New Jersey Avenue SE,
PHP-30, Washington, DC 20590-0001 or at [email protected]. Any
commentary PHMSA receives that is not specifically designated as CBI
will be placed in the public docket for this matter.

FOR FURTHER INFORMATION CONTACT: Angela Hill by telephone at 202-366-
1246, by email at [email protected], or by mail at DOT, PHMSA, 1200
New Jersey Avenue SE, PHP-30, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 15, 2021, the Infrastructure Investment and Jobs Act
(IIJA) (Pub. L. 117-58) was enacted. Under the heading ``Department of
Transportation--Pipeline and Hazardous Materials Safety
Administration--Natural Gas Distribution Infrastructure Safety and
Modernization Grant Program'' in title VIII of division J, the Natural
Gas Distribution Infrastructure Safety and Modernization Grant Program
was established. The stated purpose of the program is for certain
utilities ``to repair, rehabilitate, or replace its natural gas
distribution pipeline system or portions thereof or to acquire
equipment to (1) reduce incidents and fatalities and (2) avoid economic
losses'' by providing grant opportunities to municipality and
community-owned utilities (not including for-profit entities). The
statutory requirements for PHMSA's implementation of the program are
mandatory, and PHMSA is expected to implement the program as swiftly as
possible to reduce incidents, fatalities, and adverse impacts to the
public and the environment, particularly in disadvantaged communities.
    The statutory requirements of the Natural Gas Distribution
Infrastructure Safety and Modernization Grant Program also establish a
180-day deadline for DOT to publish a notice of funding opportunity
with a subsequent 270-day deadline for making awards.
    Solicitation for grants under the Natural Gas Distribution
Infrastructure Safety and Modernization Grant Program is voluntary. No
eligible entity is required to apply. To be eligible, however,
municipality and community-owned utilities must meet all the
requirements set forth in the law. Therefore, DOT must collect certain
information from applicants to determine eligibility and evaluate
applications. DOT must also verify the accuracy of grant requests from
approved applicants, in accordance with Title VI of the Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, and other
laws and regulations governing Federal financial assistance programs,
including (but not limited to) the Anti-Deficiency Act, the Federal
Funding Accountability and Transparency Act (FFATA), the Payment
Integrity Information Act of 2019, and 2 CFR part 200, among others. In
accordance with the IIJA, DOT must not award more than 12.5 percent of
the funds available under the Natural Gas Distribution Infrastructure
Safety and Modernization Grant Program to a single municipality or
community-owned utility.
    DOT anticipates using an online, web-based system to collect the
applicant information for the notice of funding opportunity which will
include the following information:
     Legal name of the applicant (i.e., the legal name of the
business entity), as well as any other identities under which the
applicant may be doing business.
     Address, telephone, and email contact information for the
applicant.
     Legal authority under which the applicant is established.
     Name and title of the authorized representative of the
applicant (who will attest to the required certifications). DOT may
also require the identity of external parties involved in preparation
of the application, including outside accountants, attorneys, or
auditors who may be assisting the business entity that is applying for
assistance under this program.
     The specific statutory criteria that the applicant meets
for eligibility under this program. The statute defines eligible
applicants to include municipality or community-owned utilities
excluding for-profit entities. Accordingly, DOT will require the
applicant to identify which of these categories they meet, and how.
     Information regarding the environmental effects caused by
the proposed project(s) specific to each site. Further, PHMSA will
collect project information on (1) actions to comply with state and
Federal environmental, environmental justice, and historic preservation
requirements, including the National Environmental Policy Act, and (2)
additional mitigation actions to ensure that environmental impacts,
such as those from excavation or the use of heavy equipment, are
minimal and insignificant.
     Location where the applicant was legally established,
created, or organized to do business. This information and supporting
documentation will be required to demonstrate how the applicant meets
the statutory requirement to be ``established, created, or organized in
the United States or under the laws of the United States.''
     Other identification numbers, including but not limited to
the Employer/Taxpayer Identification Number (EIN/TIN), Unique Entity
Identifier under 2 CFR part 25, etc. All applicants will be required to
have pre-registered with the System for Award Management at https://sam.gov/SAM/.
     Description of the applicant's business operations, in
sufficient detail to demonstrate how the applicant meets the statutory
requirement as a municipality or community-owned utility.
     Whether the applicant is currently engaged in any legal
proceeding that could jeopardize its ability to fulfill the legal
commitments required in statute as conditions for receiving funds under
the Natural Gas Distribution Infrastructure Safety and Modernization
Grant Program. Examples of such proceedings could include (but are not
limited to) any process related to the United States Bankruptcy Code,
potential merger or acquisition discussions, or current litigation
against the applicant. The application system will request that
applicants identify any such issues at a high level and avoid including
unnecessary details in the application.
     Whether the applicant is delinquent on any debt to any
Federal agency, along with supporting details.
     A sworn certification as to the complete and accurate
nature of all information provided, including all supporting
documentation, subject to civil or criminal penalties. The specific
certification language will include: ``I certify under penalty of
perjury that the information and certifications provided in the
application and its attachments are true and correct. WARNING: Anyone
who knowingly submits a false claim or makes a false statement is

subject to criminal and/or civil penalties, including confinement for
up to 5 years, fines, and civil penalties. (18 U.S.C. 287, 1001; 31
U.S.C. 3729, 3802).''
    Recipients will be required to provide supporting documentation in
sufficient detail to substantiate the actual costs, specifically
excluding any personally identifiable information (PII) for any
individual employees. Recipients will also be required to provide
additional information and certifications in support of disbursement
requests.

II. Summary of Impacted Collection

    Section 1320.8(d), Title 5, Code of Federal Regulations (CFR),
requires PHMSA to provide interested members of the public and affected
entities an opportunity to comment on information collection and
recordkeeping requests. This notice identifies the proposed information
collection request that PHMSA will forward to OMB for approval.
    The following information is provided for this information
collection: (1) Title of the information collection; (2) OMB control
number; (3) Current expiration date; (4) Type of request; (5) Abstract
of the information collection activity; (6) Description of affected
public; (7) Estimate of total annual reporting and recordkeeping
burden; and (8) Frequency of collection.
    PHMSA will request an emergency approval for this information
collection. Upon receiving the requested six-month emergency approval
by OMB, DOT will follow the normal PRA procedures to obtain extended
approval for this proposed information collection.
    PHMSA requests comments on the following information:
    Title: Natural Gas Distribution Infrastructure Safety and
Modernization Grant Program.
    OMB Control Number: Will request from OMB.
    Current Expiration Date: TBD.
    Type of Request: Emergency approval of an information collection.
    Abstract: This information collection covers the collection of
applicant data from municipality and community-owned utilities that are
interested in applying to receive funds from the ``Natural Gas
Distribution Infrastructure Safety and Modernization Grant Program.''
Solicitation for grants under the Natural Gas Distribution
Infrastructure Safety and Modernization Grant Program is voluntary. No
eligible entity is required to apply. To be eligible, however,
municipality and community-owned utilities must meet all the
requirements set forth in the law. Therefore, DOT must collect certain
information from applicants to determine eligibility and evaluate
applications. DOT must also verify the accuracy of grant requests from
approved applicants, in accordance with Title VI of the Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, and other
laws and regulations governing Federal financial assistance programs,
including (but not limited to) the Anti-Deficiency Act, the Federal
Funding Accountability and Transparency Act (FFATA), the Payment
Integrity Information Act of 2019, and 2 CFR part 200, among others.
This information collection also covers the collection of data from
grant recipients. PHMSA expects to receive approximately 100
applications from potential grantees. PHMSA estimates that it will take
the 100 applicants approximately 65 hours to compile and submit the
forms required to complete the application process for an annual burden
of 6,500 hours. PHMSA estimates that 100 grant recipients will spend 5
hours, annually, submitting post-award reports for an annual burden of
500 hours. Therefore, PHMSA estimates that there will be a total of 200
responses (100 applicants + 100 grant recipients) for an aggregate
total annual burden for the information collection of 7,000 hours
(6,500 hours for applications + 500 hours for post-award reports).
    Affected Public: Municipality and Community-owned Utilities.
    Annual Burden:
    Estimated number of responses: 200.
    Estimated annual burden hours: 7,000.
    Frequency of Collection: One-time application, grant reports no
more than quarterly, to be followed by disbursement requests and
closeout.
    Comments are invited on:
    (a) The need for this information collection for the proper
performance of the functions of the Agency, including whether the
information will have practical utility;
    (b) The accuracy of the Agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (c) Ways to enhance the quality, utility, and clarity of the
information to be collected;
    (d) Ways to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques;
and
    (e) Additional information that would be appropriate to collect to
inform the reduction in risk to people, property, and the environment
due to excavation damages.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended; and 49 CFR 1.48.

    Issued in Washington, DC, on April 1, 2022 under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2022-07315 Filed 4-5-22; 8:45 am]
BILLING CODE 4910-60-P


"CHADBOURNE John"<EMAIL_ADDRESS>08/27/2007 06:40 PM	To
Keith Barnett/RTP/USEPA/US@EPA
cc
"YBANEZ Hector"<EMAIL_ADDRESS>bcc

Subject
Essroc mercury TOC and HCL data

	History:
This message has been forwarded.

Keith,

Hector asked that I email you the mercury stack test reports for the
Bessemer, PA cement plant.

Later this week I will send you by email the completed General Facility
Information.
I am listed as the technical contact person in these forms.
You have my email from this correspondence.
My office phone is<PHONE_NUMBER> and my cell is<PHONE_NUMBER>.

Assembling the mercury results and throughputs has been my highest
priority.
The data have been very useful to understand mercury issues and options.
Hector and I look forward to explaining what these results have revealed
in the near future.

John
Essroc Cement Corp.

CONFIDENTIALITY NOTE: This message is intended exclusively for the party
or parties to whom it is addressed. This communication may contain
information that is proprietary, privileged or confidential or otherwise
legally exempt from disclosure. If you are not one of the named
addressees, you are not authorized to read, print, retain, copy or
disseminate this message or any part of it. If you have received this
message in error, please notify the sender immediately by e-mail and
delete/destroy all copies of the message. Any views or opinions presented
in this email are solely those of the author and might not represent those
of Essroc Cement Corp.
WARNING: Although Essroc Cement Corp. has taken reasonable precautions to
ensure no viruses are present in this e-mail, the company cannot accept
responsibility for any loss or damage arising from the use of this email
or attachments.


[Federal Register: April 10, 2009 (Volume 74, Number 68)]
[Notices]
[Page 16442-16443]
[DOCID:fr10ap09-128]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Membership Availability in the National Parks Overflights
Advisory Group Aviation Rulemaking Committee

ACTION: Notice.

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

SUMMARY: The National Park Service (NPS) and the Federal Aviation
Administration (FAA), as required by the National Parks Air Tour
Management Act of 2000, established the National Parks Overflights
Advisory Group (NPOAG) in March 2001. The NPOAG was formed to provide
continuing advice and counsel with respect to commercial air tour
operations over and near national parks. This notice informs the public
of six vacancies (due to completion of membership on October 9, 2009)
on the NPOAG (now the NPOAG Aviation Rulemaking Committee (ARC)) for
members representing general aviation

(one vacancy), commercial air tour operators (two vacancies),
environmental concerns (two vacancies), and Native American tribal
concerns (one vacancy) and invites interested persons to apply to fill
the vacancies.

DATES: Persons interested in serving on the NPOAG ARC should contact
Mr. Barry Brayer in writing and postmarked or e-mailed on or before May
20, 2009.

FOR FURTHER INFORMATION CONTACT: Barry Brayer, AWP-1SP, Special
Programs Staff, Federal Aviation Administration, Western-Pacific Region
Headquarters, PO Box 92007, Los Angeles, CA 90009-2007, telephone:
(310) 725-3800, e-mail<EMAIL_ADDRESS>or Karen Trevino,
National Park Service, Natural Sounds Program, 1201 Oakridge Dr., Suite
100, Ft. Collins, CO 80525, telephone<PHONE_NUMBER>, e-mail: Karen_
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The National Parks Air Tour Management Act of 2000 (the Act) was
enacted on April 5, 2000, as Public Law 106-181. The Act required the
establishment of the advisory group within 1 year after its enactment.
The advisory group was established in March 2001, and is comprised of a
balanced group of representatives of general aviation, commercial air
tour operations, environmental concerns, and Native American tribes.
The Administrator of the FAA and the Director of NPS (or their
designees) serve as ex officio members of the group. Representatives of
the Administrator and Director serve alternating 1-year terms as
chairman of the advisory group.
    The advisory group provides ``advice, information, and
recommendations to the Administrator and the Director--
    (1) On the implementation of this title [the Act] and the
amendments made by this title;
    (2) On commonly accepted quiet aircraft technology for use in
commercial air tour operations over a national park or tribal lands,
which will receive preferential treatment in a given air tour
management plan;
    (3) On other measures that might be taken to accommodate the
interests of visitors to national parks; and
    (4) At the request of the Administrator and the Director, safety,
environmental, and other issues related to commercial air tour
operations over a national park or tribal lands.''
    Members of the advisory group may be allowed certain travel
expenses as authorized by section 5703 of Title 5, United States Code,
for intermittent Government service.
    By FAA Order No. 1110-138, signed by the FAA Administrator on
October 10, 2003, the NPOAG became an Aviation Rulemaking Committee
(ARC). FAA Order No. 1110-138, was amended and became effective as FAA
Order No. 1110-138A, on January 20, 2006.
    The current NPOAG ARC is made up of one member representing general
aviation, three members representing the commercial air tour industry,
four members representing environmental concerns, and two members
representing Native American tribal concerns. Current members of the
NPOAG ARC are: Claire Kultgen, Aircraft Owners and Pilots Association;
Alan Stephen, fixed-winged air tour operator representative; Elling
Halvorson, Papillon Airways, Inc.; Matthew Zuccaro, Helicopters
Association International; Chip Dennerlein, Siskiyou Project; Gregory
Miller, American Hiking Society; Kristen Brengel, The Wilderness
Society; Don Barger, National Parks Conservation Association; Rory
Majenty, Huatapai Nation; and Richard Deertrack, Taos Pueblo.

Public Participation in the NPOAG ARC

    In order to retain balance within the NPOAG ARC, the FAA and NPS
invite persons interested in serving on the ARC to represent general
aviation, commercial air tour operators, environmental concerns, or
Native American tribal concerns, to contact Mr. Barry Brayer (contact
information is written above in FOR FURTHER INFORMATION CONTACT).
    Requests to serve on the ARC must be made to Mr. Brayer in writing
and postmarked or e-mailed on or before May 20, 2009. The request
should indicate whether or not you are a member of an association or
group representing general aviation, commercial air tours,
environmental concerns, or Native American tribal concerns or have
another affiliation with issues relating to aircraft flights over
national parks. The request should also state what expertise you would
bring to the NPOAG ARC as related to the vacancy you are seeking to
fill (e.g., general aviation). The term of service for NPOAG ARC
members is 3 years.

    Issued in Hawthorne, CA on March 30, 2009.
Barry Brayer,
NPOAG Chairman, Manager, Special Programs Staff, Western-Pacific
Region.
[FR Doc. E9-7695 Filed 4-9-09; 8:45 am]


[Federal Register Volume 87, Number 148 (Wednesday, August 3, 2022)]
[Rules and Regulations]
[Pages 47348-47350]
[FR Doc No: 2022-16633]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0512]
RIN 1625-AA08

Special Local Regulation; Cumberland River, Nashville, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary special local
regulation for the Cumberland River from mile marker 190 to mile marker
192 on August 4, 2022 until August 6, 2022. The special local
regulation is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the high powered jet skis
associated with the event. Entry of vessels or persons into the special
local regulation is prohibited unless specifically authorized by the
Captain of the Port Sector Ohio Valley.

DATES: This rule is effective from 7 a.m. on August 4, 2022 through 6
p.m. on August 6, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0512 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Third Class Benjamin Gardner, U.S. Coast
Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
was notified of the event without ample time to allow for a reasonable
comment period because we must establish this special local regulation
by August 4, 2022.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because action is needed on August 4,
2022 to ensure the safety of the participants in the Pro Watercross
Music City Grand Prix Invitational marine event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Ohio
Valley (COTP) has determined that potential hazards associated with the
boat races, will be a safety concern for anyone within mile markers 190
to 192 on the Cumberland River. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the special local regulation during the duration of the event.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation on the
Cumberland River from mile marker 190 to 192, from 7:00 a.m. until 6:00
p.m. each day from August 4, 2022 through August 6, 2022. The duration
of the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while high speed jet ski races
are taking place. No non-participant vessels or persons will be
permitted to enter the special local regulation without obtaining
permission from the COTP or a designated representative. Vessels and
persons transiting the area must comply with all orders or directions
given to them by the COTP or their designated representative. The COTP
will provide notice of the regulated area through advanced notice via
broadcast notice to mariners and by on-scene designated
representatives.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based the event will be
outside of the navigable channel and in a cove. Moreover, the Coast
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone, and the rule would allow vessels to seek
permission to enter the zone.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
special local regulation lasting only 11 hours that will occur for 3
days in downtown Nashville from mile marker 190 to 192 on the
Cumberland River. It is categorically excluded from further review
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T08-0512 to read as follows:

Sec.  100.T08-0512   Special Local Regulation; Cumberland River, Mile
Marker 190-192, Nashville, TN.

    (a) Regulated area: This section applies to the following area:
Cumberland River Mile Marker (MM) 190 to 192, extending the entire
width of the river.
    (b) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port Sector Ohio Valley or their
designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by phone at<PHONE_NUMBER>. Those in the regulated area
must comply with all lawful orders or directions given to them by the
COTP or the designated representative.
    (3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and local notice to
mariners.
    (c) Enforcement period. This section will be enforced from 7 a.m.
to 6 p.m. each day from August 4, 2022 until August 6, 2022.

    Dated: July 25, 2022.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2022-16633 Filed 8-2-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Rules and Regulations]
[Pages 14987-14992]
[FR Doc No: 2014-04843]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0369; Directorate Identifier 2012-NM-128-AD;
Amendment 39-17793; AD 2014-05-20]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 757 airplanes. This AD was prompted by reports of
fractured rudder pedal pushrod connecting bolts in a rudder pedal
assembly. This AD requires repetitive replacements of the rudder pedal
pushrod connecting bolts and repetitive inspections of the rudder pedal
assembly bolt holes in each of the captain and the first officer rudder
pedal assemblies, and if necessary, repair or replacement of worn
rudder pedal assemblies. We are issuing this AD to prevent fracture of
the rudder pedal pushrod connecting bolts during pedal use, which could
result in large involuntary inputs to the rudder and nose-wheel
steering and an asymmetric application of braking, if pedal brakes are
applied, leading to a runway excursion.

DATES: This AD is effective April 22, 2014.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of April 22,
2014.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, Washington 98057-3356. 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 by searching for and locating Docket No. FAA-2013-
0369; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Marie Hogestad, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, Seattle Aircraft Certification
Office, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-
917-6418; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all The Boeing Company
Model 757 airplanes. The NPRM published in the Federal Register on May
10, 2013 (78 FR 27315). The NPRM was prompted by reports of fractured
rudder pedal pushrod connecting bolts in a rudder pedal assembly. The
NPRM proposed to require repetitive

replacements of the rudder pedal pushrod connecting bolts and
repetitive inspections of the rudder pedal assembly bolt holes in each
of the captain and the first officer rudder pedal assemblies, and if
necessary, repair or replacement of worn rudder pedal assemblies. We
are issuing this AD to prevent fracture of the rudder pedal pushrod
connecting bolts during pedal use, which could result in large
involuntary inputs to the rudder and nose-wheel steering and an
asymmetric application of braking, if pedal brakes are applied, leading
to a runway excursion.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(78 FR 27315, May 10, 2013) and the FAA's response to each comment.

Request To Reduce the Compliance Time

    Air Line Pilots Association International (the commenter) stated
that it agrees with the intent of the NPRM (78 FR 27315, May 10, 2013),
but requested that we reduce the compliance time from 60 months to 24
months. The commenter provided no justification for this request.
    We disagree with the request to revise the compliance time in this
final rule. In developing the compliance time for this final rule, we
considered not only the safety implications of the identified unsafe
condition, but also the average utilization rate of the affected fleet,
the practical aspects of an orderly modification of the fleet, the
availability of required parts, and the time necessary for the
rulemaking process. We find that the compliance time, as proposed,
adequately represents an appropriate interval of time in which the
required actions can be performed in a timely manner within the
affected fleet, while still maintaining an adequate level of safety. We
have not changed this final rule in this regard.

Request To Clarify the Unsafe Condition

    Boeing requested that we revise the unsafe condition in the NPRM
(78 FR 27315, May 10, 2013), and suggested language to clarify the
expectation of asymmetric braking, in the event of fracture of the
subject bolt. Boeing added that symmetric braking inputs prior to
fracture can become asymmetric following bolt fracture due to loss of
brake inputs on the affected side.
    We agree with the request to revise the unsafe condition for the
reasons provided by Boeing. We have revised this final rule to reflect
the revised language.

Request To Use One Service Bulletin Revision

    Aviation Technical Services, Inc. (the commenter) requested that we
revise the NPRM (78 FR 27315, May 10, 2013) to mandate only one version
of the service information. The commenter also requested that we
require that Boeing combine both versions of the service bulletin
specified in the NPRM, into one final revision. The commenter reasoned
that having two versions of the service bulletin will require operators
and maintenance providers to integrate the two service bulletins in
order to comply with the NPRM. The commenter expressed that this burden
should be on the original equipment manufacturer (OEM) and the FAA.
    The commenter also requested that to further determine the adequacy
of Boeing Alert Service Bulletin 757-27A0153, dated May 9, 2012, as
revised by Boeing Alert Service Bulletin 757-27A0153, Revision 1, dated
October 29, 2012, the FAA should use its own guidance, as provided by
FAA Advisory Circular (AC) 20-176, dated December 19, 2011 (http://
rgl.avs.faa.gov/Regulatory--and--Guidance--Library/
rgAdvisoryCircular.nsf/0/a78cc91a47b192278625796b0075f419/$FILE/
AC%2020-176.pdf).
    We disagree with the request to provide a single service bulletin
version for the required method of compliance. Boeing Alert Service
Bulletin 757-27A0153, Revision 1, dated October 29, 2012, includes only
minor corrections to washer part numbers in top kit 012N8932-21 and an
additional instruction for getting better access, if necessary, for the
detailed inspections required by this final rule. It is not necessary
that Boeing combine both revisions of the referenced service bulletin
into one final revision.
    Also, the design approval holder (DAH) followed the guidance in FAA
AC 20-176, dated December 19, 2011 (http://rgl.avs.faa.gov/Regulatory--
and--Guidance--Library/rgAdvisoryCircular.nsf/0/
a78cc91a47b192278625796b0075f419/$FILE/AC%2020-176.pdf). We approved
Boeing Alert Service Bulletin 757-27A0153, dated May 9, 2012, as
revised by Boeing Alert Service Bulletin 757-27A0153, Revision 1, dated
October 29, 2012, using the guidance in FAA Order 8110.117, dated
September 12, 2012 (http://rgl.avs.faa.gov/Regulatory--and--Guidance--
Library/rgOrders.nsf/0/984bb9eb07cdd86986257a7f0070744c/$FILE/
Order%208110.117.pdf). (Refer to Section 2-11, ``Streamlining
Development and Revision of SBs,'' paragraph (c)(5), ``Partial Revision
Process--A process in which only changed information in a service
bulletin is sent to affected customers,'' of FAA AC 20-176, dated
December 19, 2011.) We have not changed this final rule in this regard.

Request for Additional Guidance

    Aviation Technical Services, Inc. (the commenter) requested that we
revise the NPRM (78 FR 27315, May 10, 2013) to provide sufficient
instruction to determine the installation finish associated with the
replacement bushing for the rudder pedal pushrod. The commenter
reasoned that the instructions provided by Boeing Alert Service
Bulletin 757-27A0153, dated May 9, 2012, as revised by Boeing Alert
Service Bulletin 757-27A0153, Revision 1, dated October 29, 2012, refer
to Boeing Standard Overhaul Practices Manual (SOPM) 20-50-03 for the
shrink fit procedure to install repair bushings, and that the SOPM
procedure contain instructions such as: ``Apply the specified
installation finish. . . .'' and ``Refer to the overhaul instructions
for applicable operations. . . .'' The commenter asserted that neither
Boeing Alert Service Bulletin 757-27A0153, dated May 9, 2012, as
revised by Boeing Alert Service Bulletin 757-27A0153, Revision 1, dated
October 29, 2012, nor the SOPM provide sufficient instruction to
determine the installation finish associated with the replacement
bushing for the rudder pedal pushrod.
    We disagree to revise this final rule. Step 4 of Figures 3 and 4 of
the Accomplishment Instructions of Boeing Alert Service Bulletin 757-
27A0153, dated May 9, 2012, as revised by Boeing Alert Service Bulletin
757-27A0153, Revision 1, dated October 29, 2012, already provides
procedures for installing bushing 001N0004-1 with BMS 5-95 sealant, as
specified in ``the shrink fit'' procedure referred to in Standard
Overhaul Practices Manual (SOPM) 20-50-03 (bushing 001N0004-1 is
already finished). SOPM 20-50-03 Bearing and Bushing Replacement,
Paragraph 7.B, ``Shrink Fit (Temperature Differential) Procedure,''
specifies, among other things, to apply the specified installation
finish ``as specified in Paragraph 6B,'' which, in turn, specifies
``Installation with sealant.'' The finish is, in this case, the sealant
that is used during the installation (BMS 5-95). Therefore, Boeing
Alert Service Bulletin 757-27A0153, dated May 9, 2012, as revised by
Boeing Alert Service Bulletin 757-27A0153, Revision 1, dated October
29,

2012, in combination with SOPM 20-50-03, provide sufficient
instructions to install the bushing. We have not changed the AD in this
regard.

Request To Match Terminology

    American Airlines (AAL) requested that we revise the NPRM (78 FR
27315, May 10, 2013) to match certain wording in Boeing Alert Service
Bulletin 757-27A0153, dated May 9, 2012, as revised by Boeing Alert
Service Bulletin 757-27A0153, Revision 1, dated October 29, 2012. AAL
explained that Boeing Alert Service Bulletin 757-27A0153, dated May 9,
2012, as revised by Boeing Alert Service Bulletin 757-27A0153, Revision
1, dated October 29, 2012, refers to bolt part number (P/N)
BACB30NM5DK47 as changed to P/N BACB30UU5K48D as the rudder pedal
pushrod bolt, while the NPRM refers to this part number as the rudder
pedal pushrod connecting bolt. AAL expressed that matching the
terminology in Boeing Alert Service Bulletin 757-27A0153, dated May 9,
2012, as revised by Boeing Alert Service Bulletin 757-27A0153, Revision
1, dated October 29, 2012, would eliminate any possible confusion.
    We disagree with the request to match the terminology in this final
rule with the terminology found in Boeing Alert Service Bulletin 757-
27A0153, dated May 9, 2012, as revised by Boeing Alert Service Bulletin
757-27A0153, Revision 1, dated October 29, 2012. The word
``connecting'' was added in the NPRM (78 FR 27315, May 10, 2013) to
further clarify that this bolt secures the rudder pedal arm to the
rudder pushrod. We have not changed this final rule in this regard.

Request To Use Specific Instructions

    AAL requested that we revise the NPRM (78 FR 27315, May 10, 2013)
to require only those instructions that correct the unsafe condition.
AAL explained that paragraphs (g) and (h) of the NPRM are more
restrictive than necessary to ensure safety of flight, and that the
Accomplishment Instructions of Boeing Alert Service Bulletin 757-
27A0153, dated May 9, 2012, as revised by Boeing Alert Service Bulletin
757-27A0153, Revision 1, dated October 29, 2012, should not be mandated
in their entirety.
    AAL requested the following revisions to certain paragraphs of the
NPRM (78 FR 27315, May 10, 2013):
     Since paragraph (g) of the NPRM (78 FR 27315, May 10,
2013) specified a detailed inspection of the rudder pedal assembly bolt
holes, the only procedure that should be mandated by this paragraph is
FIGURE 1 of the Accomplishment Instructions of Boeing Alert Service
Bulletin 757-27A0153, dated May 9, 2012, as revised by Boeing Alert
Service Bulletin 757-27A0153, Revision 1, dated October 29, 2012.
     Since paragraph (h)(1) of the NPRM (78 FR 27315, May 10,
2013) specified replacement of a new bolt, washer, nut, and cotter pin,
the only procedure that should be mandated by this paragraph is FIGURE
2 of the Accomplishment Instructions of Boeing Alert Service Bulletin
757-27A0153, dated May 9, 2012, as revised by Boeing Alert Service
Bulletin 757-27A0153, Revision 1, dated October 29, 2012.
     Paragraph (h)(2)(i) of the NPRM (78 FR 27315, May 10,
2013) should be revised as follows: ``Install a new rudder pedal
assembly in accordance with `Condition 2' of the Accomplishment
Instructions of Boeing Alert Service Bulletin 757-27A0153, dated May 9,
2012, as revised by Boeing Alert Service Bulletin 757-27A0153, Revision
1, dated October 29, 2012; or install a bushing in the worn hole in
accordance with FIGURE 3 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 757-27A0153, dated May 9, 2012, as revised by
Boeing Alert Service Bulletin 757-27A0153, Revision 1, dated October
29, 2012.''
     Paragraph (h)(2)(ii) of the NPRM (78 FR 27315, May 10,
2013) specified installation of a new bolt, washer, nut, and cotter pin
in accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 757-27A0153, dated May 9, 2012, as revised by Boeing
Alert Service Bulletin 757-27A0153, Revision 1, dated October 29, 2012.
However, Boeing Alert Service Bulletin 757-27A0153, dated May 9, 2012,
as revised by Boeing Alert Service Bulletin 757-27A0153, Revision 1,
dated October 29, 2012, does not provide explicit instructions to
replace the bolt, washer, nut, and cotter pin in the event that the
diameter of only one hole is greater than 0.3140 inch. There is only a
note in the procedure to make sure to discard the existing hardware,
and to install new hardware as provided in Boeing Kit 0l2N8932-21.
    AAL has determined that the instructions provided in FIGURE 2 of
the Accomplishment Instructions of Boeing Alert Service Bulletin 757-
27A0153, dated May 9, 2012, as revised by Boeing Alert Service Bulletin
757-27A0153, Revision 1, dated October 29, 2012, contain the proper
instructions and part numbers to replace the bolt, washer, nut, and
cotter pin to correct the unsafe condition. Therefore, the only
procedure that should be mandated by this paragraph is FIGURE 2 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 757-
27A0153, dated May 9, 2012, as revised by Boeing Alert Service Bulletin
757-27A0153, Revision 1, dated October 29, 2012.
     Paragraph (h)(3)(i) of the NPRM (78 FR 27315, May 10,
2013) should be revised as follows: ``Install a new rudder pedal
assembly in accordance with `Condition 2' of the Accomplishment
Instructions of Boeing Alert Service Bulletin 757-27A0153, dated May 9,
2012, as revised by Boeing Alert Service Bulletin 757-27A0153, Revision
1, dated October 29, 2012, or install two bushings in the two worn
holes in accordance with FIGURE 4 of the Accomplishment Instructions of
Boeing Alert Service Bulletin757-27A0153, dated May 9, 2012, as revised
by Boeing Alert Service Bulletin 757-27A0153, Revision 1, dated October
29, 2012.''
     Paragraph (h)(3)(ii) of the NPRM (78 FR 27315, May 10,
2013) requires installation of a new bolt, washer, nut, and cotter pin
in accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 757-27A0153, dated May 9, 2012, as revised by Boeing
Alert Service Bulletin 757-27A0153, Revision 1, dated October 29, 2012.
However, Boeing Alert Service Bulletin 757-27A0153, dated May 9, 2012,
as revised by Boeing Alert Service Bulletin 757-27A0153, Revision 1,
dated October 29, 2012, does not provide explicit instructions to
replace the bolt, washer, nut, and cotter pin in the event that the
diameters of both holes are greater than 0.3140 inch. Again, there is
only a note in the procedure to make sure to discard the existing
hardware, and to install new hardware as provided in Boeing Kit
012N8932-21.
    AAL has determined that the instructions provided in FIGURE 2 of
the Accomplishment Instructions of Boeing Alert Service Bulletin 757-
27A0153, dated May 9, 2012, as revised by Boeing Alert Service Bulletin
757-27A0153, Revision 1, dated October 29, 2012, contain the proper
instructions and part numbers to replace the bolt, washer, nut, and
cotter pin to correct the unsafe condition. Therefore, the only
procedure that should be mandated by this paragraph is FIGURE 2 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 757-
27A0153, dated May 9, 2012, as revised by Boeing Alert Service Bulletin
757-27A0153, Revision 1, dated October 29, 2012.
    We agree with the concept of minimizing AD requirements when
appropriate. However, we do not agree with AAL's request. The FAA
worked in conjunction with industry, under the Airworthiness Directives
Implementation Aviation Rulemaking Committee (ARC), to enhance the AD
system. One enhancement is a new

process for annotating which steps in the service information are
``required for compliance'' (RC) with an AD. Differentiating these
steps from other tasks in the service information is expected to
improve an owner's/operator's understanding of AD requirements and help
provide consistent judgment in AD compliance.
    In response to the AD Implementation ARC, the FAA released AC 20-
176, dated December 19, 2011 (http://rgl.avs.faa.gov/Regulatory--and--
Guidance--Library/rgAdvisoryCircular.nsf/0/
a78cc91a47b192278625796b0075f419/$FILE/AC%2020-176.pdf); and Order
8110.117, dated September 12, 2012 (http://rgl.avs.faa.gov/Regulatory--
and--Guidance--Library/rgOrders.nsf/0/984bb9eb07cdd86986257a7f0070744c/
$FILE/Order%208110.117.pdf), which include the concept of RC. The FAA
has begun implementing this concept in ADs when we receive service
information containing RC steps. While some design approval holders
have implemented the RC concept, the implementation is voluntary. The
FAA does not intend to develop or revise AD requirements to incorporate
the RC concept if it is not included in the service information.
    Contrary to AAL's statement that ADs should mandate only those
service bulletin provisions that are ``necessary to ensure safety of
flight,'' ADs generally contain requirements that are reasonably
related to addressing the unsafe condition, as determined by the FAA
and the design approval holder that developed the service bulletin.
Typically, operators' maintenance programs were not developed in
recognition of the unsafe condition that is being addressed by an AD.
Whenever we issue an AD, those programs had failed to prevent the
unsafe condition in the first place. Therefore, many provisions of ADs
address aspects of accomplishing the required maintenance that are
necessary to prevent operators from inadvertently aggravating the
unsafe condition or introducing new unsafe conditions.
    For many years, the Air Transport Association (now Airlines for
America, A4A) has sponsored the ``Lead Airline'' program through which
individual airlines are provided an opportunity to prototype
manufacturers' draft service instructions before they are finalized.
One objective of this activity is to minimize the procedures included
in the instructions that are considered unnecessary. Therefore, when
the FAA receives a manufacturer's service bulletin, we recognize that
the procedures specified have been determined to be necessary by both
the manufacturer and affected operators. As in this case, the
instructions provided in service bulletins referenced in ADs are
reasonably related to addressing the unsafe condition.
    As always, if AAL or any other operator prefers to address the
unsafe condition by means other than those specified in the referenced
service information, they may request approval for an alternative
method of compliance and, if approved, may use it instead of the
procedures specified in the service information.
    Therefore, no changes have been made to this final rule in this
regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (78 FR 27315, May 10, 2013) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 27315, May 10, 2013).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 685 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                            Parts                               Cost on U.S.
              Action                      Labor cost         cost      Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspect/replace bolts (Condition 1  5 work-hours x $85        $217  $642 per inspection    $439,770 per
 in the Accomplishment               per hour = $425 per             cycle.                 inspection cycle
 Instructions of Boeing Alert        inspection cycle.
 Service Bulletin 757-27A0153,
 dated May 9, 2012, as revised by
 Boeing Alert Service Bulletin 757-
 27A0153, Revision 1, dated
 October 29, 2012).
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                     Action                               Labor cost                Parts cost          product
----------------------------------------------------------------------------------------------------------------
Replace rudder pedal assembly (Condition 2 in    2 work-hours x $85 per hour  Unknown...............        $170
 the Accomplishment Instructions of Boeing        = $170.
 Alert Service Bulletin 757-27A0153, dated May
 9, 2012, as revised by Boeing Alert Service
 Bulletin 757-27A0153, Revision 1, dated
 October 29, 2012).
Repair rudder pedal assembly (Condition 3 in     3 work-hours x $85 per hour  Unknown...............        $255
 the Accomplishment Instructions of Boeing        = $255.
 Alert Service Bulletin 757-27A0153, dated May
 9, 2012, as revised by Boeing Alert Service
 Bulletin 757-27A0153, Revision 1, dated
 October 29, 2012).

Repair rudder pedal assembly (Condition 4 in     4 work-hours x $85 per hour  Unknown...............        $340
 the Accomplishment Instructions of Boeing        = $340.
 Alert Service Bulletin 757-27A0153, dated May
 9, 2012, as revised by Boeing Alert Service
 Bulletin 757-27A0153, Revision 1, dated
 October 29, 2012).
----------------------------------------------------------------------------------------------------------------

    The on-condition costs in the table above are per rudder pedal
assembly. Depending on the diameter of the holes found during the
inspection, it may be necessary to replace or repair the rudder pedal
assemblies. The parts cost to replace or repair the rudder pedal
assemblies are not included in the estimate; it is considered ``Parts &
Materials Supplied by the Operator,'' which is referenced in Boeing
Alert Service Bulletin 757-27A0153, dated May 9, 2012, as revised by
Boeing Alert Service Bulletin 757-27A0153, Revision 1, dated October
29, 2012.
    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2014-05-20 The Boeing Company: Amendment 39-17793; Docket No. FAA-
2013-0369; Directorate Identifier 2012-NM-128-AD.

(a) Effective Date

    This AD is effective April 22, 2014.

(b) Affected ADs

    Certain requirements of this AD terminate the requirements of AD
2001-22-13, Amendment 39-12492 (66 FR 55075, November 1, 2001), for
Model 757 airplanes.

(c) Applicability

    This AD applies to all The Boeing Company Model 757-200, -200PF,
-200CB, and -300 series airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
Controls.

(e) Unsafe Condition

    This AD was prompted by reports of fractured rudder pedal
pushrod connecting bolts in the rudder pedal assembly. We are
issuing this AD to prevent fracture of the rudder pedal pushrod
connecting bolts during pedal use, which could result in large
involuntary inputs to the rudder and nose-wheel steering and an
asymmetric application of braking, if pedal brakes are applied,
leading to a runway excursion.

(f) Compliance

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

(g) Inspection

    Within 60 months after the effective date of this AD, do a
detailed inspection of the rudder pedal assembly bolt holes to
determine the diameter in each of the captain and the first officer
rudder pedal assemblies, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 757-27A0153, dated May
9, 2012, as revised by Boeing Alert Service Bulletin 757-27A0153,
Revision 1, dated October 29, 2012. Repeat this inspection
thereafter at intervals not to exceed 15,000 flight cycles.

 (h) Installation

    Do the applicable actions specified in paragraph (h)(1), (h)(2),
or (h)(3) of this AD for each of the captain and first officer
rudder pedal assemblies, based on the results of any inspection
required by paragraph (g) of this AD. Accomplishment of paragraph
(h)(1), (h)(2), or (h)(3) of this AD terminates the requirements of
AD 2001-22-13, Amendment 39-12492 (66 FR 55075, November 1, 2001),
for that Model 757 airplane only.
    (1) If the diameters of both holes are within 0.3120 and 0.3140
inch on the assembly, before further flight, install a new rudder
pedal pushrod connecting bolt, washer, nut, and cotter pin, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 757-27A0153, dated May 9, 2012, as revised by
Boeing Alert Service Bulletin 757-27A0153, Revision 1, dated October
29, 2012.
    (2) If the diameter of only one hole is greater than 0.3140 inch
on the assembly, before further flight, do the actions specified in
paragraphs (h)(2)(i) and (h)(2)(ii) of this AD.
    (i) Install a new rudder pedal assembly, or install a bushing in
the worn hole, in accordance with the Accomplishment

Instructions of Boeing Alert Service Bulletin 757-27A0153, dated May
9, 2012, as revised by Boeing Alert Service Bulletin 757-27A0153,
Revision 1, dated October 29, 2012.
    (ii) Install a new rudder pedal pushrod connecting bolt, washer,
nut, and cotter pin, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 757-27A0153, dated May
9, 2012, as revised by Boeing Alert Service Bulletin 757-27A0153,
Revision 1, dated October 29, 2012.
    (3) If the diameters of both holes are greater than 0.3140 inch
on the assembly, before further flight, do the actions specified in
paragraphs (h)(3)(i) and (h)(3)(ii) of this AD.
    (i) Install a new rudder pedal assembly, or install two bushings
in the two worn holes, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 757-27A0153, dated May
9, 2012, as revised by Boeing Alert Service Bulletin 757-27A0153,
Revision 1, dated October 29, 2012.
    (ii) Install a new rudder pedal pushrod connecting bolt, washer,
nut, and cotter pin, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 757-27A0153, dated May
9, 2012, as revised by Boeing Alert Service Bulletin 757-27A0153,
Revision 1, dated October 29, 2012.

 (i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install, in a
rudder pedal assembly of any Boeing Model 757 airplane, a bolt
having part number (P/N) BACB30NM5DK47.

 (j) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraphs (g) and (h) of this AD, if operators installed washers
having P/N NAS1149D0516J, NAS1149D0532J, and NAS1149D0563J, and if
those actions were performed before the effective date of this AD
using Boeing Alert Service Bulletin 757-27A0153, dated May 9, 2012,
as unmodified by Boeing Alert Service Bulletin 757-27A0153, Revision
1, dated October 29, 2012.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (l)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(l) Related Information

    (1) For more information about this AD, contact Marie Hogestad,
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, Seattle
Aircraft Certification Office, FAA, 1601 Lind Avenue SW., Renton, WA
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference in this AD may be obtained at the address
specified in paragraphs (m)(3) and (m)(4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 757-27A0153, dated May 9,
2012.
    (ii) Boeing Alert Service Bulletin 757-27A0153, Revision 1,
dated October 29, 2012.
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, 1601 Lind
Avenue SW., Renton, WA 98057-3356. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 19, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-04843 Filed 3-17-14; 8:45 am]
BILLING CODE 4910-13-P