[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Rules and Regulations]
[Pages 8900-8905]
[FR Doc No: 2011-3511]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2011-0002]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Modified Base (1% annual-chance) Flood Elevations (BFEs) are
finalized for the communities listed below. These modified BFEs will be
used to calculate flood insurance premium rates for new buildings and
their contents.

DATES: The effective dates for these modified BFEs are indicated on the
following table and revise the Flood Insurance Rate Maps (FIRMs) in
effect

for the listed communities prior to this date.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below of the modified BFEs
for each community listed. These modified BFEs have been published in
newspapers of local circulation and ninety (90) days have elapsed since
that publication. The Deputy Federal Insurance and Mitigation
Administrator has resolved any appeals resulting from this
notification.
    The modified BFEs are not listed for each community in this notice.
However, this final rule includes the address of the Chief Executive
Officer of the community where the modified BFE determinations are
available for inspection.
    The modified BFEs are made pursuant to section 206 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required either to adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own or pursuant to policies established by other
Federal, State, or regional entities.
    These modified BFEs are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after these
elevations are made final, and for the contents in those buildings. The
changes in BFEs are in accordance with 44 CFR 65.4.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

    Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer   Effective date of  modification   Community
                                                           notice was published         of community                                             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona:
    Cochise (FEMA Docket No.: B-    City of Sierra Vista   August 11, 2010;      The Honorable Bob Strain,  August 30, 2010................       040017
     1156).                          (10-09-2513P).         August 18, 2010;      Mayor, City of Sierra
                                                            Sierra Vista Herald.  Vista, 1011 North
                                                                                Coronado Drive, Sierra
                                                                                Vista, AZ 85635.
    Maricopa (FEMA Docket No.: B-   Town of Gilbert (10-   August 12, 2010;      The Honorable John Lewis,  July 30, 2010..................       040044
     1156).                          09-0572P).             August 19, 2010;      Mayor, Town of Gilbert,
                                                            Arizona Business      50 East Civic Center
                                                            Gazette.              Drive, Gilbert, AZ 85296.
    Maricopa (FEMA Docket No.: B-   City of Goodyear (10-  August 5, 2010;       The Honorable James M.     July 30, 2010..................       040046
     1156).                          09-1335P).             August 12, 2010;      Cavanaugh, Mayor, City
                                                            Arizona Business      of Goodyear, P.O. Box
                                                            Gazette.              5100, Goodyear, AZ 85338.
    Maricopa (FEMA Docket No.: B-   City of Phoenix (09-   May 7, 2010; May 14,  The Honorable Phil         April 30, 2010.................       040051
     1135).                          09-1059P).             2010; Arizona         Gordon, Mayor, City of
                                                            Republic.             Phoenix, 200 West
                                                                                Washington Street, 11th
                                                                                Floor, Phoenix, AZ 85003.
    Maricopa (FEMA Docket No.: B-   City of Phoenix (10-   May 6, 2010; May 13,  The Honorable Phil         April 28, 2010.................       040051
     1135).                          09-0146P).             2010; Arizona         Gordon, Mayor, City of
                                                            Republic.             Phoenix, 200 West
                                                                                Washington Street, 11th
                                                                                Floor, Phoenix, AZ 85003.
    Maricopa (FEMA Docket No.: B-   Unincorporated areas   June 10, 2010; June   Mr. Don Stapley,           October 15, 2010...............       040037
     1141).                          of Maricopa County     17, 2010; Arizona     Chairman, Maricopa
                                     (09-09-1387P).         Business Gazette.     County Board of
                                                                                Supervisors, 301 West
                                                                                Jefferson Street, 10th
                                                                                Floor, Phoenix, AZ 85003.
    Pima (FEMA Docket No.: B-1156)  City of Tucson (10-09- July 23, 2010; July   The Honorable Bob Walkup,  July 13, 2010..................       040076
                                     1751P).                30, 2010; Arizona     Mayor, City of Tucson,
                                                            Daily Star.           255 West Alameda,
                                                                                Tucson, AZ 85701.

    Pinal (FEMA Docket No.: B-      City of Casa Grande    July 23, 2010; July   The Honorable Robert M.    August 11, 2010................       040080
     1156).                          (10-09-1348P).         30, 2010; Casa        Jackson, Mayor, City of
                                                            Grande Dispatch.      Casa Grande, 510 East
                                                                                Florence Boulevard, Casa
                                                                                Grande, AZ 85122.
    Pinal (FEMA Docket No.: B-      Town of Mammoth (10-   July 31, 2010;        The Honorable Craig        December 6, 2010...............       040086
     1156).                          09-1056P).             August 7, 2010;       Williams, Mayor, Town of
                                                            Casa Grande           Mammoth, P.O. Box 404,
                                                            Dispatch.             Mammoth, AZ 85618.
    Pinal (FEMA Docket No.: B-      Unincorporated areas   July 31, 2010;        Mr. Pete Rios, Chairman,   December 6, 2010...............       040077
     1156).                          of Pinal County (10-   August 7, 2010;       Pinal County Board of
                                     09-1056P).             Casa Grande           Supervisors, P.O. Box
                                                            Dispatch.             827, Florence, AZ 85132.
    Yavapai (FEMA Docket No.: B-    City of Prescott (09-  May 10, 2010; May     The Honorable Marlin       April 30, 2010.................       040098
     1135).                          09-0658P).             17, 2010; Prescott    Kuykendall, Mayor, City
                                                            Daily Courier.        of Prescott, 201 South
                                                                                Cortez Street, Prescott,
                                                                                AZ 86303.
    Yavapai (FEMA Docket No.: B-    Unincorporated areas   May 10, 2010; May     Mr. Chip Davis, Chairman,  April 30, 2010.................       040093
     1135).                          of Yavapai County      17, 2010; Prescott    Yavapai County Board of
                                     (09-09-0658P).         Daily Courier.        Supervisors, 1015 Fair
                                                                                Street, Prescott, AZ
                                                                                86305.
California:
    Sacramento (FEMA Docket No.: B- Unincorporated areas   August 11, 2010;      Mr. Roger Dickinson,       December 16, 2010..............       060262
     1156).                          of Sacramento County   August 18, 2010;      Chairman, Sacramento
                                     (10-09-1947P).         The Sacramento Bee.   County Board of
                                                                                Supervisors, 700 H
                                                                                Street, Suite 2450,
                                                                                Sacramento, CA 95814.
    San Diego (FEMA Docket No.: B-  City of Oceanside (10- August 2, 2010;       The Honorable Jim Wood,    July 26, 2010..................       060294
     1156).                          09-1317P).             August 9, 2010;       Mayor, City of
                                                            North County Times.   Oceanside, 300 North
                                                                                Coast Highway,
                                                                                Oceanside, CA 92054.
    San Diego (FEMA Docket No.: B-  City of Poway (10-09-  May 13, 2010; May     The Honorable Don          September 17, 2010.............       060702
     1135).                          1118P).                20, 2010; Poway       Higginson, Mayor, City
                                                            News Chieftain.       of Poway, 13325 Civic
                                                                                Center Drive, Poway, CA
                                                                                92064.
    Ventura (FEMA Docket No.: B-    City of Simi Valley    May 28, 2010; June    The Honorable Paul         October 4, 2010................       060421
     1135).                          (09-09-2409P).         4, 2010; Ventura      Miller, Mayor, City of
                                                            County Star.          Simi Valley, 2929 Tapo
                                                                                Canyon Road, Simi
                                                                                Valley, CA 93063.
Colorado:
    Arapahoe (FEMA Docket No.: B-   City of Aurora (10-08- June 3, 2010; June    The Honorable Ed Tauer,    October 8, 2010................       080002
     1141).                          0421P).                10, 2010; Aurora      Mayor, City of Aurora,
                                                            Sentinel.             15151 East Alameda
                                                                                Parkway, Aurora, CO
                                                                                80012.
    Boulder (FEMA Docket No.: B-    City of Boulder (10-   June 10, 2010; June   The Honorable Susan        October 15, 2010...............       080024
     1141).                          08-0267P).             17, 2010; The Daily   Osborne, Mayor, City of
                                                            Camera.               Boulder, P.O. Box 791,
                                                                                Boulder, CO 80306.
    Boulder (FEMA Docket No.: B-    Unincorporated areas   June 10, 2010; June   Ms. Cindy Domenico,        October 15, 2010...............       080023
     1141).                          of Boulder County      17, 2010; The Daily   Chairwoman, Boulder
                                     (10-08-0267P).         Camera.               County Board of
                                                                                Commissioners, P.O. Box
                                                                                471, Boulder, CO 80306.
    Eagle (FEMA Docket No.: B-      Unincorporated areas   September 2, 2010;    Ms. Sara Fisher,           August 25, 2010................       080051
     1156).                          of Eagle County (10-   September 9, 2010;    Chairwoman, Eagle County
                                     08-0478P).             The Eagle Valley      Board of Commissioners,
                                                            Enterprise.           P.O. Box 850, Eagle, CO
                                                                                81631.
    Summit (FEMA Docket No.: B-     Unincorporated areas   August 6, 2010;       Mr. Bob French, Chairman,  July 30, 2010..................       080290
     1156).                          of Summit County (10-  August 13, 2010;      Summit County Board of
                                     08-0513P).             Summit County         Commissioners, P.O. Box
                                                            Journal.              68, Breckenridge, CO
                                                                                80424.
Florida:
    Charlotte (FEMA Docket No.: B-  Unincorporated areas   May 28, 2010; June    Mr. Bob Starr, Chairman,   October 4, 2010................       120061
     1141).                          of Charlotte County    4, 2010; Charlotte    Charlotte County Board
                                     (10-04-1461P).         Sun.                  of Commissioners, 18500
                                                                                Murdock Circle, Port
                                                                                Charlotte, FL 33948.
    Collier (FEMA Docket No.: B-    City of Naples (10-04- June 4, 2010; June    The Honorable Bill         May 21, 2010...................       125130
     1141).                          3471P).                11, 2010; Naples      Barnett, Mayor, City of
                                                            Daily News.           Naples, 735 8th Street
                                                                                South, Naples, FL 34102.
    Hillsborough (FEMA Docket No.:  Unincorporated areas   August 2, 2010;       Mr. Ken Hagan, Chairman,   July 22, 2010..................       120112
     B-1156).                        of Hillsborough        August 9, 2010; The   Hillsborough County
                                     County (10-04-4807P).  Tampa Tribune.        Board of Commissioners,
                                                                                P.O. Box 1110, Tampa, FL
                                                                                36601.
    Leon (FEMA Docket No.: B-1135)  City of Tallahassee    May 11, 2010; May     The Honorable John Marks,  September 15, 2010.............       120144
                                     (09-04-3114P).         18, 2010;             Mayor, City of
                                                            Tallahassee           Tallahassee, 300 South
                                                            Democrat.             Adams Street, B-28,
                                                                                Tallahassee, FL 32301.
    Orange (FEMA Docket No.: B-     City of Ocoee (10-04-  May 28, 2010; June    The Honorable S. Scott     May 21, 2010...................       120185
     1135).                          4198P).                4, 2010; Orlando      Vandergrift, Mayor, City
                                                            Sentinel.             of Ocoee, 150 North
                                                                                Lakeshore Drive, Ocoee,
                                                                                FL 34761.
    Polk (FEMA Docket No.: B-1156)  City of Lakeland (10-  August 11, 2010;      The Honorable Gow Fields,  July 30, 2010..................       120267
                                     04-4064P).             August 18, 2010;      Mayor, City of Lakeland,
                                                            The Ledger.           228 South Massachusetts
                                                                                Avenue, Lakeland, FL
                                                                                33801.
    Pinellas (FEMA Docket No.: B-   City of Clearwater     May 7, 2010; May 14,  The Honorable Frank V.     April 28, 2010.................       125096
     1135).                          (10-04-4136P).         2010; St.             Hibbard, Mayor, City of
                                                            Petersburg Times.     Clearwater, P.O. Box
                                                                                4748, Clearwater, FL
                                                                                33758.
    Sarasota (FEMA Docket No.: B-   City of Sarasota (10-  June 4, 2010; June    The Honorable Kelly M.     May 26, 2010...................       125150
     1141).                          04-3887P).             11, 2010; Sarasota    Kirschner, Mayor, City
                                                            Herald-Tribune.       of Sarasota, 1565 1st
                                                                                Street, Sarasota, FL
                                                                                34236.

    St. Johns (FEMA Docket No.: B-  Unincorporated areas   July 26, 2010;        Mr. Michael Wanchick, St.  July 21, 2010..................       125147
     1156).                          of St. Johns County    August 2, 2010; St.   Johns County
                                     (10-04-2018P).         Augustine Record.     Administrator, 500 San
                                                                                Sebastian View, St.
                                                                                Augustine, FL 32084.
Georgia:
    DeKalb (FEMA Docket No.: B-     Unincorporated areas   September 9, 2010;    Mr. W. Burrell Ellis,      October 4, 2010................       130065
     1160).                          of DeKalb County (10-  September 16, 2010;   Jr., DeKalb County Chief
                                     04-4217P).             The Champion          Executive Officer, 330
                                                            Newspaper.            West Ponce De Leon
                                                                                Avenue, Decatur, GA
                                                                                30030.
    Polk (FEMA Docket No.: B-1141)  City of Cedartown (09- April 22, 2010;       Mr. Larry Odom, Chairman,  August 27, 2010................       130153
                                     04-0250P).             April 29, 2010; The   Cedartown Board of
                                                            Cedartown Standard.   Commissioners, 201 East
                                                                                Avenue, Cedartown, GA
                                                                                30125.
    Whitfield (FEMA Docket No.: B-  City of Dalton (09-04- March 26, 2010;       The Honorable David        April 14, 2010.................       130194
     1135).                          1965P).                April 2, 2010; The    Pennington, Mayor, City
                                                            Daily Citizen.        of Dalton, P.O. Box
                                                                                1205, Dalton, GA 30720.
    Whitfield (FEMA Docket No.: B-  Unincorporated areas   March 26, 2010;       Mr. Mike Babb, Chairman,   April 14, 2010.................       130193
     1135).                          of Whitfield County    April 2, 2010; The    Whitfield County, 1407
                                     (09-04-1965P).         Daily Citizen.        Burleyson Drive, Dalton,
                                                                                GA 30720.
Hawaii:
    Hawaii (FEMA Docket No.: B-     Unincorporated areas   April 30, 2010; May   The Honorable William P.   September 7, 2010..............       155166
     1135).                          of Hawaii County (09-  7, 2010; Hawaii       Kenoi, Mayor, Hawaii
                                     09-1789P).             Tribune-Herald.       County, 25 Aupuni
                                                                                Street, Hilo, HI 96720.
    Hawaii (FEMA Docket No.: B-     Unincorporated areas   June 10, 2010; June   The Honorable William P.   October 15, 2010...............       155166
     1141).                          of Hawaii County (09-  17, 2010; Hawaii      Kenoi, Mayor, Hawaii
                                     09-2120P).             Tribune-Herald.       County, 25 Aupuni
                                                                                Street, Hilo, HI 96720.
Idaho:
    Ada (FEMA Docket No.: B-1135).  Unincorporated areas   May 13, 2010; May     Mr. Fred Tilman,           September 17, 2010.............       160001
                                     of Ada County (07-10-  20, 2010; The Idaho   Chairman, Ada County
                                     0642P).                Statesman.            Board of Commissioners,
                                                                                200 West Front Street,
                                                                                3rd Floor, Boise, ID
                                                                                83702.
    Teton (FEMA Docket No.: B-      Unincorporated areas   May 13, 2010; May     Mr. Larry Young,           September 17, 2010.............       160230
     1135).                          of Teton County (09-   20, 2010; Teton       Chairman, Teton County
                                     10-0227P).             Valley News.          Board of Commissioners,
                                                                                150 Courthouse Drive,
                                                                                Room 109, Driggs, ID
                                                                                83422.
    Teton (FEMA Docket No.: B-      City of Victor (09-10- May 13, 2010; May     The Honorable Scott        September 17, 2010.............       160119
     1135).                          0365P).                20, 2010; Teton       Fitzgerald, Mayor, City
                                                            Valley News.          of Victor, P.O. Box 122,
                                                                                Victor, ID 83455.
Iowa:
    Hamilton (FEMA Docket No.: B-   City of Webster City   April 30, 2010; May   The Honorable Janet        September 7, 2010..............       190137
     1135).                          (09-07-1058P).         7, 2010; The Daily    Adams, Mayor, City of
                                                            Freeman-Journal.      Webster City, P.O. Box
                                                                                217, Webster City, IA
                                                                                50595.
Kansas:
    Johnson (FEMA Docket No.: B-    City of Fairway (09-   June 9, 2010; June    The Honorable Jerry        May 28, 2010...................       205185
     1141).                          07-1447P).             16, 2010; The         Wiley, Mayor, City of
                                                            Johnson County Sun.   Fairway, 4210 Shawnee
                                                                                Mission Parkway, Suite
                                                                                100 Fairway, KS 66205.
    Sedgwick (FEMA Docket No.: B-   City of Derby (09-07-  May 12, 2010; May     The Honorable Dion         September 16, 2010.............       200323
     1135).                          1398P).                19, 2010; The Derby   Avello, Mayor, City of
                                                            Informer.             Derby, 611 Mulberry
                                                                                Road, Derby, KS 67037.
Louisiana:
    Tangipahoa (FEMA Docket No.: B- Unincorporated areas   June 4, 2010; June    Mr. Gordon Burgess,        July 23, 2010..................       220206
     1141).                          of Tangipahoa Parish   11, 2010; Hammond     President, Tangipahoa
                                     (09-06-2518P).         Daily Star.           Parish, 206 East
                                                                                Mulberry Street, Amite,
                                                                                LA 70422.
Mississippi:
    Lee (FEMA Docket No.: B-1135).  City of Tupelo (09-04- May 21, 2010; May     The Honorable Jack Reed,   September 27, 2010.............       280100
                                     4664P).                28, 2010; Northeast   Jr., Mayor, City of
                                                            Mississippi Daily     Tupelo, P.O. Box 1485,
                                                            Journal.              Tupelo, MS 38802.
    Lee (FEMA Docket No.: B-1135).  Unincorporated areas   May 21, 2010; May     Mr. Sean Thompson,         September 27, 2010.............       280227
                                     of Lee County (09-04-  28, 2010; Northeast   President, Lee County,
                                     4664P).                Mississippi Daily     P.O. Box 1785, Tupelo,
                                                            Journal.              MS 38801.
    Rankin (FEMA Docket No.: B-     City of Flowood (10-   August 20, 2010;      The Honorable Gary         August 10, 2010................       280289
     1156).                          04-5433P).             August 27, 2010;      Rhoads, Mayor, City of
                                                            The Clarion-Ledger.   Flowood, P.O. Box
                                                                                320069, Flowood, MS
                                                                                39232.
Missouri:
    Jackson (FEMA Docket No.: B-    City of Lee's Summit   May 7, 2010; May 14,  The Honorable Karen R.     September 13, 2010.............       290174
     1135).                          (09-07-1328P).         2010; Lee's Summit    Messerli, Mayor, City of
                                                            Journal.              Lee's Summit, 220
                                                                                Southeast Green Street,
                                                                                Lee's Summit, MO 64063.
    St. Louis (FEMA Docket No.: B-  City of Des Peres (09- June 10, 2010; June   The Honorable Richard G.   October 15, 2010...............       290347
     1141).                          07-0141P).             17, 2010; The         Lahr, Mayor, City of Des
                                                            Countian.             Peres, 12325 Manchester
                                                                                Road, Des Peres, MO
                                                                                63131.
Nevada:
    Independent City (FEMA Docket   City of Carson City    May 12, 2010; May     The Honorable Robert L.    April 30, 2010.................       320001
     No.: B-1135).                   (08-09-1740P).         19, 2010; Nevada      Crowell, Mayor, City of
                                                            Appeal.               Carson City, 201 North
                                                                                Carson Street, Suite 2,
                                                                                Carson City, NV 89701.
New Mexico:

    Dona Ana (FEMA Docket No.: B-   City of Las Cruces     May 7, 2010; May 14,  The Honorable Ken          September 13, 2010.............       355332
     1135).                          (08-06-2997P).         2010; Las Cruces      Miyagishima, Mayor, City
                                                            Sun-News.             of Las Cruces, 200 North
                                                                                Church Street, Las
                                                                                Cruces, NM 88001.
South Carolina:
    Chester (FEMA Docket No.: B-    Unincorporated areas   August 20, 2010;      Mr. R. Carlisle Roddey,    December 27, 2010..............       450047
     1156).                          of Chester County      August 27, 2010;      Chairman, Chester County
                                     (10-04-4509P).         News & Reporter.      Council, P.O. Box 580,
                                                                                Chester, SC 29706.
    Dorchester (FEMA Docket No.: B- City of North          August 19, 2010;      The Honorable R. Keith     September 10, 2010.............       450042
     1156).                          Charleston (10-04-     August 26, 2010;      Summey, Mayor, City of
                                     1595P).                The Post and          North Charleston, 2500
                                                            Courier.              City Hall Lane, North
                                                                                Charleston, SC 29406.
    Jasper (FEMA Docket No.: B-     City of Hardeeville    May 5, 2010; May 12,  The Honorable A. Brooks    September 9, 2010..............       450113
     1135).                          (09-04-5183P).         2010; Jasper County   Willis, Mayor, City of
                                                            Sun.                  Hardeeville, 205 East
                                                                                Main Street,
                                                                                Hardeeville, SC 29927.
    Jasper (FEMA Docket No.: B-     Unincorporated areas   May 5, 2010; May 12,  Dr. George Hood,           September 9, 2010..............       450112
     1135).                          of Jasper County (09-  2010; Jasper County   Chairman, Jasper County
                                     04-5183P).             Sun.                  Council, P.O. Box 1618,
                                                                                Ridgeland, SC 29936.
    York (FEMA Docket No.: B-1135)  City of Rock Hill (09- May 20, 2010; May     The Honorable Doug         June 14, 2010..................       450196
                                     04-3659P).             27, 2010; The         Echols, Mayor, City of
                                                            Herald.               Rock Hill, P.O. Box
                                                                                11706, Rock Hill, SC
                                                                                29731.
    York (FEMA Docket No.: B-1135)  Unincorporated areas   May 20, 2010; May     Mr. Houston ``Buddy''      June 14, 2010..................       450193
                                     of York County (09-    27, 2010; The         Motz, Chairman, York
                                     04-3659P).             Herald.               County Board of
                                                                                Commissioners, 2047
                                                                                Poinsett Drive, Rock
                                                                                Hill, SC 29732.
South Dakota:
    Pennington (FEMA Docket No.: B- Unincorporated areas   May 13, 2010; May     Mr. Ethan Schmidt,         June 2, 2010...................       460064
     1135).                          of Pennington County   20, 2010; Rapid       Chairman, Pennington
                                     (09-08-0639P).         City Journal.         County Board of
                                                                                Commissioners, 315 Saint
                                                                                Joseph Street, Suite
                                                                                156, Rapid City, SD
                                                                                57701.
Texas:
    Denton (FEMA Docket No.: B-     Unincorporated areas   May 13, 2010; May     The Honorable Mary Horn,   September 17, 2010.............       480774
     1135).                          of Denton County (10-  20, 2010; Denton      Denton County Judge, 110
                                     06-1747P).             Record-Chronicle.     West Hickory Street, 2nd
                                                                                Floor, Denton, TX 76201.
    Jefferson (FEMA Docket No.: B-  City of Beaumont (09-  June 10, 2010; June   The Honorable Becky Ames,  October 15, 2010...............       485457
     1141).                          06-2516P).             17, 2010; Beaumont    Mayor, City of Beaumont,
                                                            Enterprise.           801 Main Street, Suite
                                                                                205, Beaumont, TX 77704.
    Midland (FEMA Docket No.: B-    City of Midland (08-   May 21, 2010; May     The Honorable Wes Perry,   September 27, 2010.............       480477
     1135).                          06-2854P).             28, 2010; Midland     Mayor, City of Midland,
                                                            Reporter-Telegram.    300 North Loraine
                                                                                Street, Midland, TX
                                                                                79701.
    Midland (FEMA Docket No.: B-    Unincorporated areas   May 21, 2010; May     The Honorable Michael R.   September 27, 2010.............       481239
     1135).                          of Midland County      28, 2010; Midland     Bradford, Midland County
                                     (08-06-2854P).         Reporter-Telegram.    Judge, 200 West Wall
                                                                                Street, Suite 6,
                                                                                Midland, TX 79701.
    Wichita (FEMA Docket No.: B-    City of Wichita Falls  August 20, 2010;      The Honorable Glenn        December 27, 2010..............       480662
     1156).                          (10-06-1225P).         August 27, 2010;      Barham, Mayor, City of
                                                            Wichita Falls Times   Wichita Falls, P.O. Box
                                                            Record News.          1431, Wichita Falls, TX
                                                                                76307.
Utah:
    Washington (FEMA Docket No.: B- City of LaVerkin (10-  August 20, 2010;      The Honorable Karl         August 11, 2010................       490174
     1156).                          08-0578P).             August 27, 2010;      Wilson, Mayor, City of
                                                            The Spectrum.         LaVerkin, 111 South Main
                                                                                Street, LaVerkin, UT
                                                                                84745.
    Washington (FEMA Docket No.: B- Town of Toquerville    August 20, 2010;      The Honorable Darrin       August 11, 2010................       490180
     1156).                          (10-08-0578P).         August 27, 2010;      LeFevre, Mayor, Town of
                                                            The Spectrum.         Toquerville, P.O. Box
                                                                                27, Toquerville, UT
                                                                                84774.
Wisconsin:
    Richland (FEMA Docket No.: B-   City of Richland       March 11, 2010;       The Honorable Larry D.     July 9, 2010...................       555576
     1135).                          Center (09-05-1012P).  March 18, 2010; The   Fowler, Mayor, City of
                                                            Richland Observer.    Richland Center, 450
                                                                                South Main Street,
                                                                                Richland Center, WI
                                                                                53581.
    Richland (FEMA Docket No.: B-   Unincorporated areas   March 11, 2010;       Ms. Ann Greenheck,         July 9, 2010...................       550356
     1135).                          of Richland County     March 18, 2010; The   Chairwoman, Richland
                                     (09-05-1012P).         Richland Observer.    County Board, 31709
                                                                                State Highway 130, Lone
                                                                                Rock, WI 53556.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: February 7, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-3511 Filed 2-15-11; 8:45 am]
BILLING CODE 9110-12-P


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Electrical appliances: Market surveillance efforts by Member States'
authorities result in improved safety for consumers

Reference:  IP/08/615    Date:  21/04/2008

IP/08/615

Brussels, 21 April 2008

Electrical appliances: Market surveillance efforts by Member States'
authorities result in improved safety for consumers

The European Commission has received the final reports on two projects
aimed at enhancing the safety of two categories of consumer electrical
products: portable household lights and cord extension sets. These
cross-border market surveillance actions found a significant number of
non-compliant products on which action was taken and concluded that more
needs to be done to further safeguard the safety of European consumers.
The first project picked lamps from the Community market already
identified as potentially non-compliant and investigated the nature of
their safety deficiencies. The second looked at cord extension sets and
sought to determine the level of non-compliance in an area already
identified as problematic. The results, together with the 2007 RAPEX
report just presented by the Commission, show that market surveillance
in the EU protects consumers, but also that more still needs to be done.
The Commission continues to work with the Member States and industry to
ensure that only safe appliances continue to reach the European citizen.

Vice President and Commissioner for Enterprise and Industry Günter
Verheugen said "A lot has been done already to improve safety of
products and therefore consumer's confidence in goods they purchase but
there is still a room for improvement. The results of joint campaigns
carried out by market surveillance authorities start to bear fruit and
contribute to an even more effective EU wide mechanism to protect
consumers."

Meglena Kuneva, EU Consumer Commissioner said, "Product safety is one of
the key EU policies truly delivering results to consumers. I welcome the
results of these projects. They show that investment in enhanced market
surveillance is effective and I look forward to further boosting our
co-operation with the Member States and industry to make sure no stone
is left unturned when it comes to targeting unsafe products."

Mr Verheugen and Mrs Kuneva said they would call the industry in to
discuss the results of these projects, the reasons for the problems and
the possible remedies.

Joint projects

The two "joint actions" in the field of electrical appliances were
carried out over the last two years by EU Member States' market
surveillance authorities under the LVD ADCO (Low Voltage Directive
Administrative Cooperation) group. One project focussed on lighting,
while the second addressed cord extension sets. The latter received
financial support from the European Commission. Further initiatives are
planned for the coming years.

These initiatives are coordinated by the LVD ADCO group with the support
of PROSAFE; the "Product Safety Enforcement Forum of Europe", which is a
network of regulatory agencies and market surveillance authorities
across Europe aimed at sharing best practices in product safety
enforcement.

Portable household lights

The project looked at the compliance and safety aspects of portable
lighting (i.e. lamps, which, in normal use, can be moved from one place
to another whilst connected to the supply) falling within the scope of
the relevant European standard (EN 60598, part 1, par. 1.2.9: portable
luminaires, and EN 60598-2-4: portable general-purpose luminaires). In
practice this encompasses standard lamps and desk lamps, including
lighting with halogen lamps in as far as the bulb directly operates on
the 230-240 V mains.

The main reason for focussing on lighting is the statistics of the LVD
safeguard clauses and RAPEX notifications under the General Product
Safety directive (GPSD), which show that lighting is the category of
electrical appliances most frequently associated with risks of accidents
or injuries (in 50% of the cases).

Only 5% (11 out of 226 samples) showed no shortcomings (either
administrative or technical), with targeted sampling: inspectors
specifically looked for non-compliant products when identifying the
samples. Shortcomings ranged from the lack of CE marking to technical
faults, from lack of earthing to failing electric strength tests, from
defects in cord anchorage to failing thermal tests. Whilst not causing
immediate danger to consumers, the shortcomings were considered serious
enough to require remedies.

The project, which was launched in 2006, involved Austria, Belgium,
Cyprus, Finland, Germany, Hungary, Iceland, Luxembourg, Malta, the
Netherlands, Norway, Poland, Slovenia, Spain and Sweden. The group's
final recommendations include: improving knowledge of the requirements,
organising cross border actions on a regular basis, promoting smaller
scale cross border co-operation between 2 to 5 authorities planning
similar actions, improving information exchange and reducing differences
in the classification of the level of non-conformity.

Cord extension sets

Cord extension sets were chosen as a subject for cross-border market
surveillance action because they are widespread across European
households, and safety shortcomings can be severe leading to damage of
connected devices, for instance due to a lack of earthing wires.
Countries involved in the project included Austria, Belgium, Bulgaria,
Cyprus, the Czech Republic, Germany, Denmark, Spain, Finland, Iceland,
Lithuania, Luxembourg, the Netherlands, Norway, Malta, Poland, Sweden,
Slovenia, Slovakia, and the UK.

In total, 210 cord extension sets were tested and the results show that
only one in six cord extension sets fully complied with the LVD and GPSD
requirements. Although the non-compliant samples also include those
which exhibit only administrative failures, e.g. relating to faulty
declarations of conformity or missing technical documentation, around
58% of the cord extension sets tested was considered sufficiently unsafe
by the authorities to justify a sales ban.

Most frequently detected deficiencies included wrong shape and
dimensions of plugs and sockets (50%), insufficient diameter of the cord
(27%) and insufficient dielectric strength and resistance to ageing,
temperature and fire (10%).Recommendations by the panel of experts
include a review of existing standards, increased targeted market
surveillance by Member State authorities as well as a review in the
future to re-evaluate the level of non-compliance in the sector.

For further information please visit:

  HYPERLINK
"http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/597&forma
t=HTML&aged=0&language=EN&guiLanguage=en"  IP/08/597

  HYPERLINK "http://ec.europa.eu/consumers/index_en.htm"
http://ec.europa.eu/consumers/index_en.htm

  HYPERLINK
"http://ec.europa.eu/consumers/citizen/my_safety/danger_products_en.htm"
 http://ec.europa.eu/consumers/citizen/my_safety/danger_products_en.htm

Link:   HYPERLINK
"http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/615&forma
t=HTML&aged=0&language=EN"
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/615&format
=HTML&aged=0&language=EN


[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Notices]
[Pages 28102-28103]
[FR Doc No: 2017-12764]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80923; File No. SR-ISE-2017-32]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of
Designation of Longer Period for Commission Action on Proposed Rule
Change To Harmonize the Corporate Governance Framework With That of the
NASDAQ Stock Market LLC, NASDAQ PHLX LLC, and NASDAQ BX, Inc.

June 14, 2017
    On April 11, 2017, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission''), pursuant
to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'')
\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to harmonize
its board and committee structure, and all related corporate governance
processes, with that of the three other registered national securities
exchanges and self-regulatory organizations owned by the Exchange's
indirect parent company, Nasdaq, Inc., namely: The NASDAQ Stock Market
LLC, NASDAQ PHLX LLC, and NASDAQ BX, Inc. The proposed rule change was
published for comment in the Federal Register on May 2, 2017.\3\ The
Commission has received no comment letters on the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 80530 (April 26,
2017), 82 FR 20508.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule

change, or within such longer period up to 90 days as the Commission
may designate if it finds such longer period to be appropriate and
publishes its reasons for so finding or as to which the self-regulatory
organization consents, the Commission shall either approve the proposed
rule change, disapprove the proposed rule change, or institute
proceedings to determine whether the proposed rule change should be
disapproved. The 45th day for this filing is June 16, 2017.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period within which to take action on
the proposed rule change so that it has sufficient time to consider and
take action on the Exchange's proposed rule change.
    Accordingly, pursuant to Section 19(b)(2) of the Act \5\ and for
the reasons stated above, the Commission designates July 31, 2017, as
the date by which the Commission shall either approve or disapprove, or
institute proceedings to determine whether to disapprove, the proposed
rule change (File No. SR-ISE-2017-32).
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
    \6\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
Eduardo A. Aleman.
Assistant Secretary.
[FR Doc. 2017-12764 Filed 6-19-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Notices]
[Page 6170]
[FR Doc No: 2015-02160]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2014-0125]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated December 10, 2014, Western New York & Pennsylvania Railroad
(WNYP) has 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 223, Safety Glazing
Standards--Locomotives, Passenger Cars and Cabooses. FRA assigned the
petition Docket Number FRA-2014-0125.
    Specifically, WNYP requests a waiver from the glazing requirements
at 49 CFR 223.9, Requirements for new or rebuilt equipment, for a steel
bay window caboose, identified as Car Number WNYP 300.
    WNYP states that this caboose will be used infrequently for such
things as special occasions, historical events, and Santa trains. This
caboose would not be used in regular freight operations or in
interchange service. Although many of the original side windows have
been blanked over with steel sheeting, the bay and end windows remain.
These windows are equipped with tempered glass, which is not of FRA
Type II standards.
    WNYP further states that this caboose will be serviced, inspected,
and maintained in compliance with other applicable regulations. The
caboose was upgraded sometime during its life with modern 70-ton roller
bearing trucks. The caboose is currently housed in Olean, NY.
    In addition, WNYP states that the Caboose WNYP 300 was built in
1960 and is more than 50 years of age from its original construction
date and, therefore, is restricted per 49 CFR 215.203(a). WNYP's
petition also includes a request for Special Approval in accordance
with 49 CFR 215.203(c).
    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
Avenue 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 party
desires an opportunity for oral comment, 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:
     Web site: 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 Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by March 23, 2015 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to 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.).
In accordance with 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 www.dot.gov/privacy.
See also http://www.regulations.gov/#!privacyNotice for the privacy
notice of regulations.gov.

    Issued in Washington, DC, on January 28, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-02160 Filed 2-3-15; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Proposed Rules]
[Pages 10540-10544]
[FR Doc No: 2016-04290]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-3984; Directorate Identifier 2014-NM-119-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2013-10-
03, for all Airbus Model A330-200, -200 Freighter, and -300 series
airplanes; and Model A340-200, -300, -500, and -600 series airplanes.
AD 2013-10-03 currently requires one-time inspections for deformation
and damage of the bogie beams of the main landing gear (MLG);
repetitive inspections for damage and corrosion of the sliding piston
sub-assembly on certain airplanes; and related investigative and
corrective actions if necessary. Since we issued AD 2013-10-03, we have
determined that certain one-time inspections are no longer necessary,
certain compliance times may be extended, and an optional terminating
action should be provided. This proposed AD would remove Model A340-
500, and -600 series airplanes from the applicability, remove certain
one-time inspections of the MLG bogie beams and the sliding piston sub-
assembly; revise certain compliance times and provide, for certain
airplanes, an optional terminating action for the repetitive actions.
We are proposing this AD to detect and correct damage or corrosion
under the bogie stop pad of both MLG bogie beams, which could result in
a damaged bogie beam and consequent detachment of the beam from the
airplane, or collapse of the MLG and departure of the airplane from the
runway.

DATES: We must receive comments on this proposed AD by April 15, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus
SAS, Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93
45 80; email<EMAIL_ADDRESS>Internet http://www.airbus.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
425-227-1221.

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-
3984; 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 proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-3984;
Directorate Identifier 2014-NM-119-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On May 13, 2013, we issued AD 2013-10-03, Amendment 39-17456 (78 FR
31386, May 24, 2013). AD 2013-10-03 requires actions intended to
address an unsafe condition on all Airbus Model A330-200, -200
Freighter, and -300 series airplanes; and Model A340-200, -300, -500,
and -600 series airplanes. (AD 2013-10-03 superseded AD 2010-02-10,
Amendment 39-16181 (75 FR 4477, January 28, 2010)).
    Since we issued AD 2013-10-03, Amendment 39-17456 (78 FR 31386, May
24, 2013), we have determined that certain one-time inspections are no
longer necessary, certain compliance times may be extended, and an
optional terminating action should be provided.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2014-0120R1, dated August 31, 2015 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus Model A330-200, -200
Freighter, and -300 series airplanes; and Model A340-200, -300, -500,
and -600 series airplanes. The MCAI states:

    During a scheduled maintenance inspection on the Main Landing
Gear (MLG), the bogie stop pad was found deformed and cracked. Upon
removal of the bogie stop pad for replacement, the bogie beam was
also found cracked.
    The results of a laboratory investigation indicated that an
overload event had occurred and no fatigue propagation of the crack
was evident.
    A second bogie beam crack was subsequently found on another
aeroplane, located under a bogie stop pad which only had superficial
paint damage.
    This condition, if not detected and corrected, could lead to
landing gear bogie detachment from the aeroplane, or landing gear
collapse, or a runway excursion,

possibly resulting in damage to the aeroplane and injury to the
occupants.
    To address this potential unsafe condition, EASA issued * * *
[an earlier AD] to require accomplishment of a one-time detailed
inspection under the bogie stop pad of both MLG bogie beams.
    As a result of the one-time inspection required by that [earlier
EASA] AD, applicable to A330, A340-200 and A340-300 aeroplanes,
numerous bogie stop pad were found corroded and a few cracked.
    The one-time inspection was retained in EASA AD 2011-0211
[http://ad.easa.europa.eu/blob/easa_ad_2011_0211_superseded.pdf/AD_2011-0211_1] [which corresponds to FAA AD 2013-10-03, Amendment
39-17456 (78 FR 31386, May 24, 2013)], which superseded * * * [an
earlier EASA AD], applicable to all A330 and A340 aeroplanes, which
also introduced repetitive inspections for A330, A340-200 and A340-
300 aeroplanes, but not for the A340-500/-600 aeroplanes.
    Since issuance of EASA AD 2011-0211, further investigation
accomplished by Airbus led to the conclusion that the one-time
inspection in accordance with Airbus Service Bulletin (SB) A330-32-
3220, or Airbus SB A340-32-4264, or Airbus SB A340-32-5087, as
applicable, is no longer necessary and, for those aeroplanes, only
the inspections (initial and repetitive) in accordance with Airbus
SB A330-32-3248 or Airbus SB A340-32-4286, as applicable, must
remain.
    In addition, Airbus also determined that repetitive inspections
of the MLG in accordance with Airbus SB A340-32-5112 are necessary
for A340-500/-600 aeroplanes.
    Consequently, EASA issued * * * [another AD], which partially
retained the requirements of EASA AD 2011-0211, which was
superseded, and introduced repetitive detailed inspections of the
MLG for A340-500 and A340-600 aeroplanes.
    Since that [EASA] AD was issued, it was determined that
repetitive inspections of the MLG are not necessary on the A340-500/
-600 aeroplanes and that the threshold for the inspection of MLG P/N
10-210 series can be delayed. In addition, Airbus developed a mod of
the MLG P/N 10-210 series that can be embodied both in production
through mod 204421 and in service with Airbus SB A330-32-3268 or SB
A340-32-4300, as applicable. This modification constitutes a
terminating action for the repetitive inspections for aeroplanes
equipped with MLG P/N 10-210 series.
    For the reasons described above, this [EASA] AD is revised and
requires inspection of the MLG (with an amended threshold for MLG P/
N 10-210 series) and introduces an option to terminate the
repetitive inspection with a modification of the MLG P/N 10-210
series.

    The required actions include repetitive detailed inspections for
damage and corrosion of the sliding piston sub-assembly, and related
investigative and corrective actions if necessary. Related
investigative actions include a test for indications of corrosion and
damage to the bogie assembly base material, and a magnetic particle
inspection for cracks, corrosion, and damage of the bogie beam.
Corrective actions include repairing affected parts.
    The optional terminating action modification of the bogie beam of
an MLG having P/N 10-210 consists of installing a nickel under chrome
coating, a new bogie beam stop pad, and new stop pad brackets.
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
3984.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A330-32-3248, Revision 02, dated
April 16, 2014. This service information describes procedures for doing
a detailed inspection for damage and corrosion of the MLG sliding
piston sub-assembly, bogie beam stop pad and the bogie beam under the
stop pad; and related investigative and corrective actions.
    Airbus has also issued Service Bulletin A330-32-3268 and Airbus
Service Bulletin A340-32-4300, both dated April 20, 2015. This service
information describes procedures for modification of the bogie beam of
an MLG having P/N 10-210, which includes installing a nickel under
chrome coating, a new bogie beam stop pad, and new stop pad brackets.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

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

Explanation of ``RC'' Procedures and Tests in Service Information

    The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(ARC), to enhance the AD system. One enhancement was a new process for
annotating which procedures and tests in the service information are
required for compliance with an AD. Differentiating these procedures
and tests from other tasks in the service information is expected to
improve an owner's/operator's understanding of crucial AD requirements
and help provide consistent judgment in AD compliance. The procedures
and tests identified as Required for Compliance (RC) in any service
information have a direct effect on detecting, preventing, resolving,
or eliminating an identified unsafe condition.
    As specified in a Note under the Accomplishment Instructions of the
specified service information, procedures and tests that are identified
as RC in any service information must be done to comply with the
proposed AD. However, procedures and tests that are not identified as
RC are recommended. Those procedures and tests that are not identified
as RC may be deviated from using accepted methods in accordance with
the operator's maintenance or inspection program without obtaining
approval of an alternative method of compliance (AMOC), provided the
procedures and tests identified as RC can be done and the airplane can
be put back in an airworthy condition. Any substitutions or changes to
procedures or tests identified as RC will require approval of an AMOC.

Costs of Compliance

    We estimate that this proposed AD affects 89 Model A330-200, -200
Freighter, and -300 series airplanes of U.S. registry.
    We estimate that it would take about 12 work-hours per product to
comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $90,780, or $1,020
per product.
    Currently, there are no affected Model A340-200, or -300, series
airplanes on the U.S. Register. However, if an affected airplane is
imported and placed on the U.S. Register in the future, it would be
subject to the same per-airplane cost specified above for the Model
A330-200, -200 Freighter, and -300 series airplanes.
    In addition, we estimate that any necessary follow-on actions would
take about 24 work-hours, and 1 work-hour for reporting, and require
parts costing $78, for a cost of $2,203 per product. We have no way of
determining the number of aircraft that might need these actions.
    According to the manufacturer, all of the parts costs of the
optional

terminating action specified in this proposed AD may be covered under
warranty, thereby reducing the cost impact on affected individuals. We
do not control warranty coverage for affected individuals. We have
received no definitive data that would enable us to provide the work-
hour cost estimates for the optional terminating action specified in
this proposed AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave. SW., Washington, DC 20591, ATTN: Information
Collection Clearance Officer, AES-200.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2013-10-03, Amendment 39-17456 (78 FR 31386, May 24, 2013), and adding
the following new AD:

Airbus: Docket No. FAA-2016-3984; Directorate Identifier 2014-NM-
119-AD.

(a) Comments Due Date

    We must receive comments by April 15, 2016.

(b) Affected ADs

    This AD replaces AD 2013-10-03, Amendment 39-17456 (78 FR 31386,
May 24, 2013).

(c) Applicability

    This AD applies to Airbus airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD, certificated in any category; all
serial numbers, except those that have embodied Airbus Modification
204421 in production.
    (1) Model A330-201, -202, -203, -223, -223F, -243, -243F, -301,
-302, -303, -321, -322, -323, -341, -342, and -343 airplanes.
    (2) Model A340-211, -212, -213, -311, -312, -313 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Reason

    This AD was prompted by reports of corroded and cracked bogie
beams under the bogie stop pad. We are issuing this AD to detect and
correct damage or corrosion under the bogie stop pad of both main
landing gear (MLG) bogie beams, which could result in a damaged
bogie beam and consequent detachment of the beam from the airplane,
or collapse of the MLG and departure of the airplane from the
runway.

(f) Compliance

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

(g) Repetitive Inspections, Related Investigative Actions, and
Corrective Actions

    For Model A330-200, Model A330-200 Freighter, and Model A330-300
series airplanes; and Model A340-200, and -300 series airplanes;
equipped with a MLG having part number (P/N) 201252 series, or P/N
201490 series, or P/N 10-210 series: Do the applicable actions
required by paragraph (g)(1) or (g)(2) of this AD.
    (1) For airplanes equipped, as of the effective date of this AD,
with a MLG that has been previously inspected as specified in Airbus
Service Bulletin A330-32-3220, Airbus Service Bulletin A330-32-3248,
Airbus Service Bulletin A340-32-4264, or Airbus Service Bulletin
A340-32-4286, as applicable: At applicable times specified in
paragraphs (h)(1) and (h)(2) of this AD, do a detailed inspection
for damage (e.g., cracking and fretting) and corrosion of the MLG
sliding piston subassembly, bogie beam stop pad, and the bogie beam
under the stop pad; and do all applicable related investigative and
corrective actions; in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A330-32-3248, Revision 02,
dated April 16, 2014; or Airbus Service Bulletin A340-32-4286, dated
October 5, 2011; as applicable, except as required by paragraph (j)
of this AD. Do all applicable related investigative and corrective
actions before further flight. Repeat the inspection of the MLG
sliding piston sub-assembly, bogie beam stop pad, and the bogie beam
under the stop pad, thereafter, at intervals not to exceed 2,500
flight cycles or 24 months, whichever occurs first.
    (2) For airplanes equipped, as of the effective date of this AD,
with a MLG that has not been previously inspected as specified in
Airbus Service Bulletin A330-32-3220, Airbus Service Bulletin A330-
32-3248, Airbus Service Bulletin A340-32-4264, or Airbus Service
Bulletin, A340-32-4286, as applicable: At the applicable times
specified in paragraphs (h)(3) and (h)(4) of this AD, do a detailed
inspection for damage (e.g., cracking and fretting) and corrosion of
the MLG sliding piston sub-assembly, bogie beam stop pad, and the
bogie beam under the stop pad; and do all applicable related
investigative and corrective actions; in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A330-32-3248,
Revision 02, dated April 16, 2014; or Airbus Service Bulletin A340-
32-4286, dated October 5, 2011; as applicable, except

as required by paragraph (j) of this AD. Do all applicable related
investigative and corrective actions before further flight. Repeat
the inspection of the MLG sliding piston sub-assembly, bogie beam
stop pad, and the bogie beam under the stop pad, thereafter, at
intervals not to exceed 2,500 flight cycles or 24 months, whichever
occurs first.

(h) Compliance Times for Paragraph (g) of This AD Actions

    Do the applicable actions required by paragraph (g) of this AD
at the applicable time specified in paragraph (h)(1), (h)(2),
(h)(3), or (h)(4) of this AD.
    (1) For airplanes identified in paragraph (g)(1) of this AD
having an MLG P/N 201252 series and P/N 201490 series: Before the
accumulation of 2,500 total flight cycles or 24 months, whichever
occurs first since the later of the times specified in paragraphs
(h)(1)(i) and (h)(1)(ii) of this AD.
    (i) Since first flight after a MLG overhaul.
    (ii) Since first flight after the most recent accomplishment of
an inspection of the MLG as specified in Airbus Service Bulletin
A330-32-3220; Airbus Service Bulletin A330-32-3248; Airbus Service
Bulletin A340-32-4286; or Airbus Service Bulletin A340-32-4264; as
applicable.
    (2) For airplanes identified in paragraph (g)(1) of this AD
having an MLG P/N 10-210 series: Before the accumulation of 126
months since first flight of the MLG on an airplane or since first
flight on an airplane after the most recent inspection of the MLG as
specified in Airbus Service Bulletin A330-32-3248, Revision 01,
dated December 13, 2012; or Airbus Service Bulletin A330-32-3248,
Revision 02, dated April 16, 2014; or Airbus Service Bulletin A340-
32-4286, dated October 5, 2011; as applicable.
    (3) For airplanes identified in paragraph (g)(2) of this AD
having an MLG P/N 201252 series and P/N 201490 series: At the later
of the times specified in paragraphs (h)(3)(i) and (h)(3)(ii) of
this AD.
    (i) Before the accumulation of 2,500 total flight cycles or 24
months, whichever occurs first since the later of the times
specified in paragraphs (h)(3)(i)(A) and (h)(3)(i)(B) of this AD.
    (A) Since first flight of the MLG on an airplane.
    (B) Since first flight after a MLG overhaul.
    (ii) Within 16 months after the effective date of this AD.
    (4) For airplanes identified in paragraph (g)(2) of this AD
having MLG P/N 10-210 series: Before the accumulation of 126 months
since first flight of the MLG on an airplane.

(i) Optional Overhaul

    For the purposes of this AD, accomplishment of an MLG overhaul
is acceptable instead of an inspection required by paragraph (g) of
this AD. The inspections required by paragraph (g) of this AD are
not terminated by an MLG overhaul, but are required at the next
applicable compliance time required by paragraph (g) of this AD.

(j) Service Information Exception

    If the applicable service information specified in paragraph (g)
of this AD specifies to contact Messier-Dowty for instructions, or
if any repair required by paragraph (g) of this AD is beyond the
maximum repair allowance specified in the applicable service
information specified in paragraph (g) of this AD: Before further
flight, repair using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA).

(k) Reporting Requirement

    After accomplishing any of the corrective actions required by
paragraph (g) of this AD or any repair required by paragraph (j) of
this AD: Report the results of the corrective actions or repair to
Airbus, Customer Services Directorate, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex France; Attn: SDC32 Technical Data and
Documentation Services; fax: +33 5 61 93 28 06; email:
<EMAIL_ADDRESS>at the applicable time specified in
paragraph (k)(1) or (k)(2) of this AD.
    (1) If the corrective action or repair was done on or after the
effective date of this AD: Submit the report within 90 days after
doing corrective action or repair.
    (2) If the corrective action or repair was done prior to the
effective date of this AD: Submit the report within 90 days after
the effective date of this AD.

(l) Terminating Action Limitation

    Accomplishment of corrective actions as required by paragraph
(g) of this AD does not constitute terminating action for the
repetitive inspections required by this AD.

(m) Optional Terminating Action for Certain Airplanes

    For airplanes with any MLG having P/N 10-210 series:
Modification on an airplane of the bogie beam of each MLG having P/N
10-210 series as specified in the Accomplishment Instructions of
Airbus Service Bulletin A330-32-3268, dated April 20, 2015; or
Airbus Service Bulletin A340-32-4300, dated April 20, 2015; as
applicable; constitutes terminating action for the requirements of
this AD for that airplane, provided that, following in-service
modification, the airplane remains in post-service bulletin
configuration.

(n) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using the service information identified
in paragraph (n)(1), (n)(2), or (n)(3), (n)(4), or (n)(5) of this
AD.
    (1) Airbus Service Bulletin A330-32-3248, dated October 5, 2011,
which is not incorporated by reference in this AD.
    (2) Airbus Service Bulletin A330-32-3248, Revision 01, including
Appendix 01, dated December 13, 2012, which was incorporated by
reference in AD 2013-10-03, Amendment 39-17456 (78 FR 31386, May 24,
2013).
    (3) Airbus Service Bulletin A330-32-3220, dated October 10,
2008, which was incorporated by reference in AD 2010-02-10,
Amendment 39-16181 (75 FR 4477, January 28, 2010).
    (4) Airbus Service Bulletin A330-32-3220, Revision 01, dated
October 5, 2011, which was incorporated by reference in AD 2013-10-
03, Amendment 39-17456 (78 FR 31386, May 24, 2013).
    (5) Airbus Service Bulletin A330-32-3220, Revision 02, dated
December 13, 2012, which was incorporated by reference in AD 2013-
10-03, Amendment 39-17456 (78 FR 31386, May 24, 2013).

(o) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office. The AMOC approval letter must specifically
reference this AD.
    (ii) AMOCs approved previously for AD 2013-10-03, Amendment 39-
17456 (78 FR 31386, May 24, 2013), are not approved as AMOCs with
this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or EASA; or Airbus's EASA DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (j) of this AD: If any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.
    (4) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of

the Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(p) Special Flight Permits

    Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed if any crack is found during any
inspection required by this AD.

(q) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2014-0120R1, dated August 31, 2015, for related
information. This MCAI may be found in the AD docket on the Internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2016-3984.
    (2) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96;
fax: +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. You may view this 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>.

    Issued in Renton, Washington, on February 19, 2016.
Dorr M. Anderson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-04290 Filed 2-29-16; 8:45 am]
 BILLING CODE 4910-13-P