[Federal Register: May 10, 2010 (Volume 75, Number 89)]
[Rules and Regulations]
[Page 25763-25765]
[DOCID:fr10my10-3]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 748

[Docket No. 100205080-0187-01]
RIN 0694-AE87

Addition to the List of Validated End-Users: Advanced Micro
Devices China, Inc.

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
amends the Export Administration Regulations (EAR) to add an end-user
to the list of validated end-users in the People's Republic of China
(PRC). Exports, reexports and transfers (in-country) of certain items
to three facilities of this end-user are now authorized under
Authorization Validated End-User (VEU).

DATES: This rule is effective May 10, 2010. Although there is no formal
comment period, public comments on this regulation are welcome on a
continuing basis.

ADDRESSES: You may submit comments, identified by RIN 0694-AE87, by any
of the following methods:
    E-mail<EMAIL_ADDRESS>Include ``RIN 0694-AE87'' in the
subject line of the message.
    Fax:<PHONE_NUMBER>. Please alert the Regulatory Policy Division,
by calling<PHONE_NUMBER>, if you are faxing comments.
    Mail or Hand Delivery/Courier: Sheila Quarterman, U.S. Department
of Commerce, Bureau of Industry and Security, Regulatory Policy
Division, 14th Street & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230, Attn: RIN 0694-AE87.
    Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, to
Jasmeet Seehra, Office of Management and Budget (OMB), by e-mail to
<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>. Comments
on this collection of information should be submitted separately from
comments on the final rule (i.e., RIN 0694-AE87)--all comments on the
latter should be submitted by one of the three methods outlined above.

FOR FURTHER INFORMATION CONTACT: Susan Kramer, Acting Chairman, End-
User Review Committee, Bureau of Industry and Security, U.S. Department

of Commerce, 14th Street & Pennsylvania Avenue, NW., Washington, DC
20230; by telephone<PHONE_NUMBER>, or by e-mail to
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

Authorization Validated End-User (VEU): The List of Approved End-Users,
Eligible Items and Destinations in the People's Republic of China (PRC)

    Consistent with U.S. Government policy to facilitate trade for
civilian end-users in the PRC, BIS amended the EAR in a final rule on
June 19, 2007 (72 FR 33646) by creating a new authorization for
``validated end-users'' located in eligible destinations to which
eligible items may be exported, reexported or transferred under a
general authorization instead of an individually validated license, in
conformance with Section 748.15 of the EAR. Validated end-users may
obtain eligible items that are on the Commerce Control List without
having to wait for their suppliers to obtain export or reexport
licenses from BIS. Eligible items include commodities, software and
technology, except those controlled for missile technology or crime
control reasons. Authorization VEU may be used by U.S. and foreign
reexporters, and does not have an expiration date.
    Authorization VEU is a mechanism to facilitate increased high-
technology exports to companies that have a verifiable record of
civilian uses for such items. The validated end-users listed in
Supplement No. 7 to Part 748 were reviewed and approved by the U.S.
Government in accordance with the provisions of Section 748.15 and
Supplement Nos. 8 and 9 to Part 748 of the EAR. Currently, validated
end-users may be located in the PRC and India.

Additional Validated End-User in the PRC and Its Respective ``Eligible
Items (By ECCN)'' and ``Eligible Destination''

    This final rule amends Supplement No. 7 to Part 748 of the EAR to
identify the eligible facilities in the PRC of a company that has been
designated a validated end-user, and to identify the items that may be
exported, reexported or transferred (in-country) to the specified
eligible facilities under Authorization VEU. The names and addresses of
the newly approved validated end-user and its three eligible facilities
are as follows:

Validated End-User

    Advanced Micro Devices China, Inc.

Eligible Destinations

    AMD Technologies (China) Co., Ltd., No. 88, Su Tong Road, Suzhou,
China 215021.
    Advanced Micro Devices (Shanghai) Co., Ltd., Riverfront Harbor,
Building 48, Zhangjiang Hi-Tech Park, 1387 Zhangdong Rd., Pudong,
Shanghai, 201203.
    AMD Technology Development (Beijing) Co., Ltd., 18F, North
Building, Raycom Infotech Park Tower C, No. 2 Science Institute South
Rd., Zhong Guan Cun, Haidian District, Beijing, China 100190.
    The eligible items that may be sent to these facilities under
Authorization VEU are classified under Export Control Classification
Numbers (ECCNs) 3D002, 3D003, 3E001 (as it applies to ``technology''
for items classified under 3B001, 3B002, 3C002 and 3C004), 3E002,
3E003.e (limited to the ``development'' and ``production'' of
integrated circuits for commercial applications), 4D001, 4D002, 4D003
and 4E001 (applicable to the ``development'' of products under ECCN
4A003). This authorization was made based on an application submitted
to BIS, which was reviewed by the interagency End-User Review
Committee.
    Approving this end-user as a validated end-user and these three
facilities is expected to further facilitate exports to civilian end-
users in the PRC, and is expected to result in a significant savings of
time and resources for suppliers and the eligible facilities.
Authorization VEU eliminates the burden on exporters and reexporters of
preparing individual license applications, because exports, reexports,
and transfers (in-country) of eligible items to these facilities may
now be made under general authorization instead of under license.
Exporters and reexporters may now supply validated end-users much more
quickly, thus enhancing the competitiveness of the exporters,
reexporters, and end-users in the PRC.
    To ensure appropriate facilitation of exports and reexports, on-
site reviews of the validated end-users may be warranted pursuant to
paragraph 748.15(f)(2) and Section 7(iv) of Supplement No. 8 to Part
748 of the EAR. If such reviews are warranted, BIS will inform the PRC
Ministry of Commerce.
    Since August 21, 2001, the Export Administration Act has been in
lapse and the President, through Executive Order 13222 of August 17,
2001 (3 CFR, 2001 Comp., p. 783 (2002)), as extended most recently by
the Notice of August 13, 2009 (74 FR 41325 (August 14, 2009), has
continued the EAR in effect under the International Emergency Economic
Powers Act. BIS continues to carry out the provisions of the Act, as
appropriate and to the extent permitted by law, pursuant to Executive
Order 13222.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for
the purposes of Executive Order 12866.
    2. Notwithstanding any other provisions of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This rule involves
collections previously approved by the OMB under control number 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748; and for
recordkeeping, reporting and review requirements in connection with
Authorization Validated End-User, which carries and estimated burden of
30 minutes per submission. This rule is expected to result in a
decrease in license applications submitted to BIS. Total burden hours
associated with the Paperwork Reduction Act and Office of Management
and Budget control number 0694-0088 are not expected to increase
significantly as a result of this rule.
    3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    4. Pursuant to 5 U.S.C. 553(a)(1), notice of proposed rulemaking,
the opportunity for public participation and a delay in effective date
are inapplicable because this regulation involves a military and
foreign affairs function of the United States. Further, no other law
requires that a notice of proposed rulemaking and an opportunity for
public comment be given for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under the Administrative Procedure
Act or by any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore,
this rule is issued in final form. Although there is no formal comment
period, public comments on this regulation are welcome on a continuing
basis. Comments should be

submitted to Sheila Quarterman, Regulatory Policy Division, Bureau of
Industry and Security, U.S. Department of Commerce, 14th Street &
Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230.

List of Subjects in 15 CFR Part 748

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

0
Accordingly, part 748 of the Export Administrative Regulations (15 CFR
Parts 730-774) is amended as follows:

PART 748--[AMENDED]

0
1. The authority citation for 15 CFR Part 748 continues to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 13, 2009, 74
FR 41325 (August 14, 2009).

0
2. Supplement No. 7 to Part 748 is amended by adding one entry for
``China (People's Republic of)'' in alphabetical order to read as
follows:

SUPPLEMENT NO. 7 TO PART 748--AUTHORIZATION VALIDATED END-USER (VEU);
LIST OF VALIDATED END-USERS, RESPECTIVE ITEMS ELIGIBLE FOR EXPORT,
REEXPORT AND TRANSFER AND ELIGIBLE DESTINATIONS

----------------------------------------------------------------------------------------------------------------
             Country                Validated end-user       Eligible items (by ECCN)       Eligible destination
----------------------------------------------------------------------------------------------------------------
China (People's Republic of).....  Advanced Micro       3D002, 3D003, 3E001 (as it applies  AMD Technologies
                                    Devices China, Inc   to ``technology'' for items         (China) Co., Ltd
                                                         classified under 3B001, 3B002,      No. 88, Su Tong
                                                         3C002 and 3C004), 3E002, 3E003.e    Road, Suzhou, China
                                                         (limited to the ``development''     215021.
                                                         and ``production'' of integrated   Advanced Micro
                                                         circuits for commercial             Devices (Shanghai)
                                                         applications), 4D001, 4D002,        Co., Ltd.
                                                         4D003 and 4E001 (applicable to      Riverfront Harbor,
                                                         the ``development'' of products     Building 48,
                                                         under ECCN 4A003).                  Zhangjiang Hi-Tech
                                                                                Park 1387 Zhangdong
                                                                                Rd., Pudong,
                                                                                Shanghai, 201203.
                                                                                AMD Technology
                                                                                Development
                                                                                (Beijing) Co., Ltd.
                                                                                18F, North Building
                                                                                Raycom Infotech
                                                                                Park Tower C, No. 2
                                                                                Science Institute
                                                                                South Rd., Zhong
                                                                                Guan Cun, Haidian
                                                                                District, Beijing,
                                                                                China 100190.

                                                  * * * * * * *
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    Dated: May 3, 2010.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2010-11024 Filed 5-7-10; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Notices]
[Pages 30446-30447]
[FR Doc No: 2018-13921]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OARM-2018-0028; FRL-9979-95-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Contractor Conflicts of Interest (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``Contractor Conflicts of
Interest'' (EPA ICR No. 1550.11, OMB Control No. 2030-0023) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
extension of the ICR, which is currently approved through June 30,
2018. Public comments were previously requested via the Federal
Register on March 2, 2018 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may not conduct or sponsor and a
person is not

required to respond to a collection of information unless it displays a
currently valid OMB control number.

DATES: Additional comments may be submitted on or before July 30, 2018.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OARM-2018-0028, to (1) EPA online using www.regulations.gov (our
preferred method), [email protected], or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email to
[email protected]. Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Pamela Leftrict, Policy, Training, and
Oversight Division, Acquisition Policy and Training Service Center
(3802R), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: EPA contractors are required to disclose business
relationships and corporate affiliations to determine whether EPA's
interests are jeopardized by such relationships. Because EPA has the
dual responsibility of cleanup and enforcement and because its
contractors are often involved in both activities, it is imperative
that contractors are free from conflicts of interest so as not to
prejudice response and enforcement actions. Contractors are required to
maintain a database of business relationships and report information to
EPA on either an annual basis or when each work order is issued.
    Form numbers: None.
    Respondents/affected entities: Businesses or organizations
performing contracts for the EPA.
    Respondent's obligation to respond: Required to obtain or retain
benefits.
    Estimated number of respondents: 45.
    Frequency of response: Annually and on occasion.
    Total estimated burden: 56,055 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $4,139,627 (per year), which includes $0
annualized capital or operation & maintenance costs.
    Changes in estimates: There is a significant reduction in expected
respondents (135 to 45), burden hours (164,525 to 50,055), and costs
associated with this proposed renewal package compared to the ICR
currently approved by OMB. These reductions are solely a result of
corrections to the ICR's burden calculations; they are not a product of
modifications to the collection methodology or the actual respondent
universe.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2018-13921 Filed 6-27-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Notices]
[Pages 79410-79411]
[FR Doc No: 2015-31959]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0032]

Commercial Driver's License Standards: Application for Exemption;
Daimler Trucks North America (Daimler)

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

ACTION: Notice of final disposition; grant of application for
exemption.

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SUMMARY: FMCSA announces its decision to grant Daimler Trucks North
America's (Daimler) application for an exemption to allow a Daimler
employee to drive commercial motor vehicles (CMV) in the United States
without having a commercial driver's license (CDL) issued by one of the
States. The driver, Philipp Kehm, will test-drive Daimler vehicles on
U.S. roads to better understand product requirements for these vehicles
in ``real world'' environments and verify results. He holds a valid
German commercial license but lacks the U.S. residency necessary to
obtain a CDL issued by one of the States. FMCSA believes that the
process for obtaining a German commercial license is comparable to or
as effective as the U.S. CDL requirements and ensures that this driver
will likely achieve a level of safety that is equivalent to or greater
than the level of safety that would be obtained in the absence of the
exemption.

DATES: This exemption is effective December 21, 2015 and expires
December 21, 2017.

ADDRESSES: Docket: For access to the docket to read background
documents or comments, go to www.regulations.gov at any time or visit
Room W12-140 on the ground level of the West Building, 1200 New Jersey
Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. The on-line FDMS is available
24 hours each day, 365 days each year
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. 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.

FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590-0001. If you have questions on viewing
material in the docket, contact Docket Services, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, ``FMCSA-2012 -0032 in the ``Keyword'' box and click
``Search.'' Next, click ``Open Docket Folder'' button and choose the
document listed to review. If you do not have access to the Internet,
you may view the docket online by visiting the Docket Management
Facility in Room W12-140 on the ground floor of the DOT West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., e.t., Monday through Friday, except Federal holidays.

II. Background

    Since 2012, FMCSA has granted five Daimler drivers similar
exemptions [May 25, 2012 (77 FR 31422); July 22, 2014 (79 FR 42626);
August 29, 2014 (79 FR 516910); March 27, 2015 (80 FR 16511)]. Each of
these drivers held a valid German commercial license but lacked the
U.S. residency required to obtain a CDL. FMCSA has concluded that the
process for obtaining a German commercial license is comparable to or
as effective as the U.S. CDL requirements and ensures that these
drivers will likely achieve a level of safety equivalent to or greater
than the level that would be obtained in the absence of the exemption.

III. Legal Basis

    The Secretary of Transportation (the Secretary) has the authority
to grant exemptions from any of the Federal Motor Carrier Safety
Regulations (FMCSRs) issued under chapter 313 or Sec.  31136 of title
49, United States Code, to a person(s) seeking regulatory relief (49
U.S.C. 31136(e), and 31315(b)). Prior to granting an exemption, the
Secretary must request public comment and make a determination that the
exemption is likely to achieve a level of safety that is equivalent to,
or greater than, the level of safety that would be achieved absent such
exemption.

IV. Daimler Application for Exemption

    Daimler applied for the same CDL exemption for Philipp Kehm. Notice
of the application was published on September 4, 2015 (80 FR 53614).
Only one comment was filed, and the commenter neither opposed nor
supported the application for exemption for Mr. Kehm. A copy of the
Daimler request is in the docket identified at the beginning of this
notice. The exemption would allow Mr. Kehm to operate CMVs to support
Daimler field tests to meet future vehicle safety and environmental
requirements and to promote the development of technology and
advancements in vehicle safety systems and emissions reductions. He
will typically drive for no more than 6 hours per day for up to 10
days, and 10 percent of the test driving will be on two-lane State
highways, while 90 percent will be on interstate highways. The driving
will consist of no more than 200 miles per day, on a biannual basis.
    Section 383.21 requires CMV drivers in the United States to have a
CDL issued by a State. With a few exceptions, only residents of a State
can apply for a CDL. Mr. Kehm is a citizen and resident of Germany.
Without the

exemption, he would not be able to test-drive prototype CMVs on U.S.
roads.
    Mr. Kehm holds a valid German commercial license and is an
experienced operator of CMVs. In the application for exemption, Daimler
also submitted documentation showing his safe German driving record.

V. Method To Ensure an Equivalent or Greater Level of Safety

    According to Daimler, the requirements for a German-issued
commercial license ensure that drivers meet or exceed the same level of
safety as if these drivers had obtained a U.S. CDL. Mr. Kehm is
familiar with the operation of CMVs worldwide and will be accompanied
at all times by a driver who holds a U.S. CDL and is familiar with the
routes to be traveled. FMCSA has determined that the process for
obtaining a commercial license in Germany is comparable to that for
obtaining a CDL issued by one of the States and adequately assesses the
driver's ability to operate CMVs safely in the United States.

VI. FMCSA Decision

    Based upon the merits of this application, including Mr. Kehm's
extensive driving experience and safety record, and the fact that he
has successfully completed the requisite training and testing to obtain
a German commercial license, FMCSA concluded that the exemption would
likely achieve a level of safety that is equivalent to or greater than
the level that would be achieved absent such exemption, in accordance
with Sec.  381.305(a).

VII. Terms and Conditions for the Exemption

    FMCSA grants Daimler and Mr. Philipp Kehm an exemption from the CDL
requirement in 49 CFR 383.23 to allow Mr. Kehm to drive CMVs in this
country without a U.S. State-issued CDL, subject to the following terms
and conditions: (1) The driver and carrier must comply with all other
applicable provisions of the Federal Motor Carrier Safety Regulations
(FMCSRs) (49 CFR parts 350-399); (2) the driver must be in possession
of the exemption document and a valid German commercial license; (3)
the driver must be employed by and operate the CMV within the scope of
his duties for Daimler; (4) at all times while operating a CMV under
this exemption, the driver must be accompanied by a holder of a U.S.
CDL who is familiar with the routes traveled; (5) Daimler must notify
FMCSA in writing within 5 business days of any accident, as defined in
49 CFR 390.5, involving this driver; and (6) Daimler must notify FMCSA
in writing if this driver is convicted of a disqualifying offense under
Sec.  383.51 or Sec.  391.15 of the FMCSRs.
    In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will
be valid for 2 years unless revoked earlier by the FMCSA. The exemption
will be revoked if (1) Mr. Kehm fails to comply with the terms and
conditions of the exemption; (2) the exemption results in a lower level
of safety than was maintained before it was granted; or (3)
continuation of the exemption would be inconsistent with the goals and
objectives of 49 U.S.C. 31315 and 31136.

VIII. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate or intrastate
commerce that conflicts with or is inconsistent with this exemption
with respect to a firm or person operating under the exemption.

    Issued on: December 10, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-31959 Filed 12-18-15; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Rules and Regulations]
[Pages 34136-34138]
[FR Doc No: 2021-13856]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0324]
RIN 1625-AA00

Safety Zone; Fireworks Display, Delaware Bay, Lewes, DE

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
waters of Delaware Bay off Lewes, DE, for a fireworks display. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by a fireworks display.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port (COTP) Delaware Bay.

DATES: This rule is effective from 9 p.m. through 10 p.m. on July 4,
2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0324 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Jennifer Padilla, Sector Delaware Bay,
Waterways Management Division, U.S. Coast Guard; telephone (215) 271-
4814, email<EMAIL_ADDRESS>
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 and contrary to
the public interest to do so. There is insufficient time to allow for a
reasonable comment period prior to the event. The rule must be in force
by July 4, 2021. We are taking immediate action to ensure the safety of
spectators and the general public from hazards associated with the
fireworks display. Hazards include accidental discharge of fireworks,
dangerous projectiles, and falling hot embers or other debris.
    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 and contrary to the public interest.
The rule needs to be in place by July 4, 2021, to mitigate the
potential safety hazards associated with a fireworks display in this
location.

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, Delaware
Bay (COTP) has determined that potential hazards associated with the
fireworks to be used in this July 4, 2021, display will be a safety
concern for anyone within a 350-yard radius of the barge. The purpose
of this rule is to ensure safety of vessels and the navigable waters in
the safety zone before, during, and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on the waters of the
Delaware Bay off Lewes, DE, during a fireworks display from a barge.
The event is scheduled to take place between 9 p.m. and 10 p.m. on July
4, 2021. The safety zone will extend 350 yards around the barge, which
will be anchored at approximate position latitude 38[deg]47'12.07'' N
longitude 075[deg]07'48.89'' W. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters during the fireworks display. No vessel or person will
be permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. 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 on (1) the safety
zone will not impact a navigational channel; (2) although persons and
vessels may not enter, transit through, anchor in, or remain within the
safety zone without authorization from the COTP Delaware Bay or a
designated representative, they may operate in the surrounding area
during the enforcement period; (3) persons and vessels will still be
able to enter, transit through, anchor in, or remain within the
regulated area if authorized by the COTP Delaware Bay; and (4) the
Coast Guard will provide advance notification of the safety zone to the
local maritime community by Local Notice to Mariners and Broadcast
Notice to Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
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
temporary safety zone that prohibits persons and vessels from entering,
transiting through, anchoring in, or remaining within a limited area on
the navigable water in the Delaware Bay, during a fireworks display
lasting approximately one hour. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

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 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T05-0324 to read as follows:

Sec.  165.T05-0324  Safety Zone; Fireworks, Delaware Bay, Lewes, DE.

    (a) Location. The following area is a safety zone: All waters of
Delaware Bay off Lewes, DE, within 350 yards of the fireworks barge
anchored in approximate position latitude 38[deg]47'12.07'' N longitude
075[deg]07'48.89'' W.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard petty
officer, warrant or commissioned officer on board a Coast Guard vessel
or on board a Federal, state, or local law enforcement vessel assisting
the Captain of the Port (COTP), Delaware Bay in the enforcement of the
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter or remain in the zone, contact the
COTP or the COTP's representative via VHF-FM channel 16 or 215-271-
4807. Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (3) No vessel may take on bunkers or conduct lightering operations
within the safety zone during its enforcement period.
    (4) This section applies to all vessels except those engaged in law
enforcement, aids to navigation servicing, and emergency response
operations.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.
    (e) Enforcement period. This zone will be enforced from
approximately, but no earlier than, 9 p.m. to approximately, but no
later than,10 p.m. on July 4, 2021.

    Dated: June 22, 2021.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2021-13856 Filed 6-28-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Notices]
[Pages 12051-12052]
[FR Doc No: 2020-04141]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0018]

Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on January 30, 2020, Nevada
Northern Railway (NN) petitioned the Federal Railroad Administration
(FRA) for a waiver of compliance from certain provisions of the Federal
railroad safety regulations contained at 49 CFR part 230, Steam
Locomotive Inspection and Maintenance Standards. FRA assigned the
petition Docket Number FRA-2020-0018.
    Specifically, NN requests relief from 49 CFR 230.17, One thousand
four hundred seventy-two (1,472) service day inspection, which requires
that locomotives be inspected after 1,472 service days or 15 years,
whichever occurs first. NN states that Locomotive 40 will be due for
its 1,472 service day inspection (SDI) on May 20, 2020, although it has
only accrued 795 service days since its last 1,472 SDI. The railroad
would like to operate the locomotive through October 20, 2020, which
would consist of less than 60 service days. During this period, NN
states that it will perform all regularly required maintenance and
inspection as otherwise required.
    NN is a historical railroad that offers passenger train rides. It
is supported by the Nevada Northern Railway Foundation. NN is concerned
that if Locomotive 40 must be taken out of service, NN will be left
with only one operating steam locomotive for its 2020 season. If that
steam engine also cannot run, it will be impossible for NN to operate
its schedule of steam-powered excursion trips, which would cause an
excessive financial strain on the organization, as locomotive rides are

essential to revenue and ridership. Approval of this waiver request
would allow NN to finish restoration of another steam locomotive that
could take Locomotive 40's place in late 2020, when Locomotive 40 would
receive its 1,472 SDI.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Ave.
SE, W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by April 13, 2020 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable. Anyone can search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the comment (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. 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 https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-04141 Filed 2-27-20; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Rules and Regulations]
[Pages 71589-71591]
[FR Doc No: 2016-23076]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-3703; Directorate Identifier 2015-NM-115-AD;
Amendment 39-18669; AD 2016-20-03]
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 certain
The Boeing Company Model 767-200, -300, and -400ER series airplanes.
This AD was prompted by an evaluation by the design approval holder
(DAH) indicating that the skin lap splice is subject to widespread
fatigue damage (WFD). This AD requires repetitive external detailed and
surface high frequency eddy current (HFEC) inspections of the outer
skin for cracking around fastener heads common to the inboard fastener
row of the skin lap splice and corrective action. We are issuing this
AD to detect and correct fatigue cracking of the skin lap splice, which
could grow and result in possible rapid decompression and reduced
structural integrity of the airplane.

DATES: This AD is effective November 22, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 22,
2016.

ADDRESSES: For service information identified in this final rule,
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. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2016-3703.

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-2016-
3703; 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: Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6447; 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 certain The Boeing Company
Model 767-200, -300, and -400ER series airplanes. The NPRM published in
the Federal Register on February 25, 2016 (81 FR 9367) (``the NPRM'').
The NPRM was prompted by an evaluation by the DAH indicating that the
skin lap splice is subject to WFD. The NPRM proposed to require
repetitive external detailed and surface HFEC inspections of the outer
skin for cracking around fastener heads common to the inboard fastener
row of the skin lap splice. We are issuing this AD to detect and
correct fatigue cracking of the skin lap splice, which could grow and
result in possible rapid decompression and reduced structural integrity
of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment. Boeing stated that it supports the
NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the supplemental
type certificate (STC) ST01920SE does not affect the actions specified
in the NPRM.
    We concur with the commenter. We have redesignated paragraph (c) of
this AD as (c)(1) and added new paragraph (c)(2) to this AD to state
that installation of STC ST01920SE does not affect the ability to
accomplish the actions required by this final rule. Therefore, for
airplanes on which STC ST01920SE is installed, a ``change in product''
alternative method of compliance (AMOC) approval request is not
necessary to comply with the requirements of 14 CFR 39.17.

Request To Revise the Compliance Time for the Repetitive Inspection
Intervals

    United Airlines (UAL) requested that we revise the repetitive
inspection intervals for any repair accomplished using the structural
repair manual (SRM) specified in Part 2 of Boeing Alert Service
Bulletin 767-53A0260, dated August 26, 2014. UAL commented that a Zone
B repair is Category B, and per the SRM inspections, the airplanes
would have an initial inspection at 25,000 total flight cycles after
airplane delivery. UAL stated that the initial inspection compliance
time for the proposed rule is 40,000 total flight cycles, and if a
repair is accomplished at this time, it is already over the initial
inspection threshold specified in the SRM.
    We agree with the commenter's request. There is a conflict between
the initial inspection thresholds in Boeing Alert Service Bulletin 767-
53A0260, dated August 26, 2014, and the Category B repair specified in
the SRM. We are working with Boeing to revise the conflicting
compliance times for the SRM repairs. We have added a new paragraph (h)
in this AD, which provides clarification that the post-repair damage
tolerance inspections are not required by this AD, but are
airworthiness limitations (ALIs), and those inspections are required by
maintenance and operational rules. Any deviation from the post-repair
ALI inspections will need FAA approval,

but will not require an AMOC. We have coordinated this change with
Boeing. We redesignated subsequent paragraphs accordingly.

Request To Clarify the Note in the Service Information

    UAL requested that we clarify the note in paragraph 3.B.l. of the
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
53A0260, dated August 26, 2014, to state that inspections for any
repair accomplished as a result of Part 1 findings are to be inspected
per the Part 1 inspection requirements and that these supersede the SRM
inspection requirements. UAL stated that the note in Paragraph 3.B.1.
of the Accomplishment Instructions of Boeing Alert Service Bulletin
767-53A0260, dated August 26, 2014, currently states that it is not
necessary to repeat the Part 1 inspections in areas covered by a
previously approved repair.
    We disagree with the commenter's request. Note (a) in paragraph
1.E, ``Compliance,'' and the note in paragraph 3.B.1. of the
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
53A0260, dated August 26, 2014, specify terminating action for the AD-
mandated inspections for the area under an approved repair. The repairs
are evaluated under their own damage tolerance inspection program. The
post-repair inspection program is different from the baseline
inspections specified in Part 1 of Boeing Alert Service Bulletin 767-
53A0260, dated August 26, 2014. Post-repair damage tolerance
inspections for any approved repair are ALIs, and these inspections are
required by maintenance and operational rules. It is therefore
unnecessary to mandate them in this AD. Deviations from these
inspections require FAA approval, but do not require an AMOC. We have
not changed this AD 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 for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 767-53A0260, dated August
26, 2014. The service information describes procedures for a detailed
inspection and a surface HFEC inspection at section 41, stringer S-2R
skin lap splice from body station (STA) 368 to STA 434, for any
cracking, and repair. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 356 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
          Action                  Labor cost          Parts cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspections...............  3 work-hours x $85                 $0   $255 per inspection    $90,780 per
                             per hour = $255 per                     cycle.                 inspection cycle.
                             inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that will enable us to provide
cost estimates for the on-condition actions specified in this AD.

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):

2016-20-03 The Boeing Company: Amendment 39-18669; Docket No. FAA-
2016-3703; Directorate Identifier 2015-NM-115-AD.

(a) Effective Date

    This AD is effective November 22, 2016.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to the Boeing Company Model 767-200, -300,
and -400ER series airplanes, certificated in any category, as
identified in Boeing Alert Service Bulletin 767-53A0260, dated
August 26, 2014.
    (2) Installation of Supplemental Type Certificate (STC)
ST01920SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/59027F43B9A7486E86257B1D006591EE?OpenDocument&Highlight=st01920se)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01920SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder indicating that the skin lap splice is subject to widespread
fatigue damage. We are issuing this AD to detect and correct fatigue
cracking of this skin lap splice, which could grow and result in
possible rapid decompression and reduced structural integrity of the
airplane.

(f) Compliance

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

(g) Inspection and Corrective Actions

    At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 767-53A0260, dated
August 26, 2014, except as required by paragraph (i) of this AD: Do
a detailed inspection and a surface high frequency eddy current
(HFEC) inspection at section 41, stringer S-2R skin lap splice from
body station (STA) 368 to STA 434, for any cracking, and do all
applicable corrective actions, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 767-53A0260, dated
August 26, 2014. Do all applicable corrective actions before further
flight. Repeat the inspections thereafter at the applicable times
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 767-53A0260, dated August 26, 2014. If any existing
external repair is found in the inspection area, then the
inspections in Part 1 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 767-53A0260, dated August 26, 2014, are not
required in the area hidden by the repair, provided that the repair
was previously approved by the Manager, Seattle Aircraft
Certification Office (ACO), or by the Authorized Representative of
the Boeing Commercial Airplanes Organization Designation
Authorization (ODA), or installed as specified in Part 2 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
53A0260, dated August 26, 2014. Inspections in Part 1 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
53A0260, dated August 26, 2014, remain applicable in areas not
hidden by the repair.

(h) Post-Repair Inspections

    Repairs identified in Part 2 of Boeing Alert Service Bulletin
767-53A0260, dated August 26, 2014, specify post-repair
airworthiness limitation inspections for compliance with 14 CFR
25.57l(a)(3) at the repaired locations, which support compliance
with 14 CFR 121.1109(c)(2) or 129.109(b)(2). As airworthiness
limitations, these inspections are required by maintenance and
operational rules. It is therefore unnecessary to mandate them in
this AD. Deviations from these inspections require FAA approval, but
do not require an AMOC.

(i) Exception to the Service Information

    Where Boeing Alert Service Bulletin 767-53A0260, dated August
26, 2014, specifies a compliance time ``after the original issue
date of this service bulletin,'' this AD requires compliance within
the specified compliance time after the effective date of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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
(k) 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, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes ODA that has
been authorized by the Manager, Seattle ACO, to make those findings.
To be approved, the repair method, modification deviation, or
alteration deviation must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.
    (4) Except as required by paragraph (i) of this AD: For service
information that contains steps that are labeled as Required for
Compliance (RC), the provisions of paragraphs (j)(4)(i) and
(j)(4)(ii) apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(k) Related Information

    For more information about this AD, contact Wayne Lockett,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) 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 767-53A0260, dated August 26,
2014.
    (ii) Reserved.
    (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 referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
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 September 16, 2016.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.

[FR Doc. 2016-23076 Filed 10-17-16; 8:45 am]
 BILLING CODE 4910-13-P