[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Rules and Regulations]
[Page 65679-65682]
[DOCID:fr11de09-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1089; Directorate Identifier 2009-SW-16-AD;
Amendment 39-16101; AD 2009-09-51]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Model EC225LP
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment
adopting Airworthiness Directive (AD) 2009-09-51, which was sent
previously to all known U.S. owners and operators of Eurocopter France
(Eurocopter) Model EC225LP helicopters by individual letters. This AD
requires, before further flight, determining if the ``CHIP'' detector
light on the instrument panel (Vehicle Monitoring System Screen)
previously illuminated. If the ``CHIP'' detector light did illuminate
and it illuminated because of a metal particle on the magnetic plug of
the epicyclic reduction gear module (module) of the main gearbox (MGB),
or if you cannot determine from the maintenance records which chip
detector caused the ``CHIP'' detector light to illuminate or whether
the detector light stayed illuminated after the ``CHIP'' detector
switch was turned to the ``CHIP PULSE'' setting, replacing the module
with an airworthy module is required before further flight. Also
required before further flight is inspecting the MGB module magnetic
chip detector electrical circuit and determining whether the system is
functioning properly, including whether the ``CHIP'' detector light
annunciates on the instrument panel (Vehicle Monitoring System Screen).
Finally, this AD requires replacing the module with an airworthy module
if the ``CHIP'' detector light illuminates, stays illuminated after the
``CHIP'' detector switch is turned to the ``CHIP PULSE'' setting, and
you determine that a metal particle on the module magnetic plug caused
that illumination. This amendment is prompted by a mandatory continuing
airworthiness information

(MCAI) AD issued by the European Aviation Safety Agency (EASA), which
is the Technical Agent for the Member States of the European Community.
EASA notified us of an accident that occurred April 1, 2009 on a
Eurocopter Model AS332L2 helicopter and EASA advises that the ``cause
of the accident seems to be connected with degradation of the epicyclic
module of the MGB, the root cause of which is still to be determined.''
The actions specified by this AD are intended to prevent failure of the
MGB and subsequent loss of control of the helicopter.

DATES: Effective December 28, 2009, to all persons except those persons
to whom it was made immediately effective by Emergency AD 2009-09-51,
issued on April 17, 2009, which contained the requirements of this
amendment.
    Comments for inclusion in the Rules Docket must be received on or
before February 9, 2010.

ADDRESSES: Use one of the following addresses to submit comments on
this AD:
     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 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, TX
75053-4005, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, or at http://
www.eurocopter.com.
    Examining the Docket: You may examine the docket that contains the
AD, any comments, and other information on the Internet at http://
www.regulations.gov, or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Operations office (telephone<PHONE_NUMBER>) is
located in Room W12-140 on the ground floor of the West Building at the
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Gary Roach, Aviation Safety Engineer,
FAA, Rotorcraft Directorate, Regulations and Policy Group, Fort Worth,
Texas 76137-0111, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On April 17, 2009, we issued Emergency AD
2009-09-51 for the Eurocopter Model EC225LP helicopters, which
requires, before further flight, determining if the ``CHIP'' detector
light on the instrument panel (Vehicle Monitoring System Screen)
previously illuminated. If the ``CHIP'' detector light did illuminate
and it illuminated because of a metal particle on the magnetic plug of
the MGB module, or if you cannot determine from the maintenance records
which chip detector caused the ``CHIP'' detector light to illuminate or
whether the detector light stayed illuminated after the ``CHIP''
detector switch was turned to the ``CHIP PULSE'' setting, replacing the
module with an airworthy module is required before further flight. The
Emergency AD also requires inspecting the MGB module magnetic chip
detector electrical circuit and determining whether the system is
functioning properly, including whether the ``CHIP'' detector light
annunciates on the instrument panel (Vehicle Monitoring System Screen).
Finally, the Emergency AD requires replacing the module with an
airworthy module if the ``CHIP'' detector light illuminates, stays
illuminated after the ``CHIP'' detector switch is turned to the ``CHIP
PULSE'' setting, and you determine that a metal particle on the module
magnetic plug caused that illumination. That action was prompted when
EASA, which is the Technical Agent for the Member States of the
European Community, notified us of an accident that occurred April 1,
2009 on a Eurocopter Model AS332L2 helicopter. Although the cause of
the accident is still under investigation, EASA advises that the
``cause of the accident seems to be connected with degradation of the
epicyclic module of the MGB, the root cause of which is still to be
determined.'' EASA further advises that ``In the light of this
information, the detection of any contamination of the MGB is of utmost
importance as a precautionary measure.'' EASA issued Emergency AD No.
2009-0087-E, dated April 11, 2009, to correct an unsafe condition for
the Eurocopter Model AS332L2 and EC225LP helicopters.
    EASA Emergency AD No. 2009-0087-E applies to both the Model AS332L2
helicopters and the Model EC225LP helicopters because both helicopter
models use a similar module. However, our AD 2009-09-51 applies only to
the Model EC225LP helicopters because there are currently no Model
AS332L2 helicopters on the U.S. registry. Also, AD 2009-09-51 differs
from the EASA AD in that the EASA AD specifies that the module be
disassembled, inspected, and then reinstalled when particles are
detected on the magnetic plug of the module, allowing flight operations
until another particle is detected. Our AD requires the following
before further flight:
     Determining if, within the last 200 hours time-in-service
(TIS), the ``CHIP'' detector light illuminated because of a metal
particle on the magnetic plug of the module, part number 332A32-5021-
01M, and if so, whether the ``CHIP'' detector light stayed illuminated
after the chip detector switch was turned to the ``CHIP PULSE'' setting
to activate the ``fuzz burn-off'' feature. If the ``CHIP'' detector
light illuminated because of a metal particle on the magnetic plug of
the module, and the ``CHIP'' detector light stayed illuminated after
the chip detector switch was turned to the ``CHIP PULSE'' setting, or
if you cannot determine from the maintenance records which chip
detector caused the ``CHIP'' detector light to illuminate or whether
the detector light stayed illuminated after the ``CHIP'' detector
switch was turned to the ``CHIP PULSE'' setting, replacing the module
with an airworthy module is required before further flight.
     Inspecting the MGB module magnetic chip detector
electrical circuit and determining whether the system is functioning
properly, including whether the ``CHIP'' detector light annunciates on
the instrument panel (Vehicle Monitoring System Screen). Thereafter,
the AD requires replacing the module with an airworthy module if the
``CHIP'' detector light illuminates, stays illuminated after the
``CHIP'' detector switch is turned to the ``CHIP PULSE'' setting, and
you determine that a metal particle on the module magnetic plug (rather
than the main reduction gear (lower MGB), the flared housing (mast
assembly), the intermediate gearbox (IGB), or the tail rotor gearbox
(TGB)) caused the ``CHIP'' detector light to illuminate.
    Eurocopter has issued Emergency Alert Service Bulletin No. 05A017
(ASB). The ASB is dated April 10, 2009 and describes procedures for
inspecting both the magnetic plug on the MGB epicyclic reduction gear
module and the chip collector, and instructions to replace the
epicyclic reduction gear module if necessary. EASA classified this
service bulletin as mandatory and issued EASA AD No. 2009-0087-E, dated
April 11, 2009 to ensure the

continued airworthiness of these helicopters in France.
    This helicopter model is approved by the aviation authority of
France, and is approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA has notified us of the unsafe
condition described in the MCAI AD. We are issuing this AD because we
evaluated all information provided by EASA and determined the unsafe
condition exists and is likely to exist or develop on other Eurocopter
Model EC225LP helicopters of the same type design.
    Since the unsafe condition described is likely to exist or develop
on other Eurocopter Model EC225LP helicopters of the same type design,
the FAA issued Emergency AD 2009-09-51 to prevent failure of the MGB
and subsequent loss of control of the helicopter. The AD requires the
actions described previously. The short compliance time involved is
required because the previously described critical unsafe condition can
adversely affect the controllability of the helicopter. Therefore, this
AD must be issued immediately.
    Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual letters
issued on April 17, 2009 to all known U.S. owners and operators of
Eurocopter Model EC225LP helicopters. These conditions still exist, and
the AD is hereby published in the Federal Register as an amendment to
14 CFR 39.13 to make it effective to all persons.
    This AD is an interim action. We anticipate additional rulemaking
once the cause of the accident is determined and the manufacturer
develops a terminating action.
    We estimate that this AD will affect 2 helicopters of U.S.
registry. It will take approximately 10 minutes to inspect the module
without removal and 10 work hours to remove and replace the module, if
necessary. The average labor rate is $80 per work hour. Required parts
will cost approximately $512,318 per helicopter. Based on these
figures, we estimate the total cost impact of the AD on U.S. operators
to be $513,145, assuming that the module on each helicopter is
inspected once and one of the modules is replaced.

Comments Invited

    This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any written data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2009-1089; Directorate
Identifier 2009-SW-16-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the AD. We will consider all
comments received by the closing date and may amend the AD in light of
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
with FAA personnel concerning this AD. Using the search function of our
docket Web site, you can find and read the comments to any of our
dockets, including the name of the individual who sent the comment. You
may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78).

Regulatory Findings

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

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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. Section 39.13 is amended by adding a new airworthiness directive to
read as follows:

2009-09-51 Eurocopter France: Amendment 39-16101. Docket No. FAA-
2009-1089; Directorate Identifier 2009-SW-16-AD.

    Applicability: Model EC225LP helicopters with an epicyclic
reduction gear module (module), part number 332A32-5021-01M,
installed, certificated in any category.
    Compliance: Required as indicated, unless accomplished
previously.
    To prevent failure of the main gearbox (MGB) and subsequent loss
of control of the helicopter, accomplish the following:
    (a) Before further flight:
    (1) Determine from the maintenance records whether, within the
last 200 hours time-in-service (TIS), the ``CHIP'' detector light
illuminated because of a metal particle on the magnetic plug of the
module, and if so, whether the ``CHIP'' detector light stayed
illuminated after the chip detector switch was turned to the ``CHIP
PULSE'' setting to activate the ``fuzz burn-off'' feature. If those
records indicate that the ``CHIP'' detector light illuminated
because of a metal particle on the magnetic plug of the module, and
the ``CHIP'' detector light stayed illuminated after the chip
detector switch was turned to the ``CHIP PULSE'' setting, replace
the module with an airworthy module before further flight. If you
cannot determine from the maintenance records which chip detector
caused the ``CHIP'' detector light to illuminate or whether the
detector light stayed illuminated after the ``CHIP'' detector switch
was turned to the ``CHIP PULSE'' setting, replace the module with an
airworthy

module before further flight. A module with a magnetic plug that
attracted a metal particle which activated the ``CHIP'' detector
light within the last 200 hours TIS and was not extinguished when
the ``CHIP PULSE'' was activated is unairworthy.
    (2) Inspect the MGB module magnetic chip detector electrical
circuit and determine whether the system is functioning properly,
including whether the ``CHIP'' detector light annunciates on the
instrument panel (Vehicle Monitoring System Screen).
    (b) Thereafter, if the ``CHIP'' detector light illuminates,
stays illuminated after the ``CHIP'' detector switch is turned to
the ``CHIP PULSE'' setting, and you determine that a metal particle
on the module magnetic plug (rather than the main reduction gear
(lower MGB), the flared housing (mast assembly), the intermediate
gearbox (IGB), or the tail rotor gearbox (TGB)) caused the ``CHIP''
detector light to illuminate, replace the module with an airworthy
module.
    (c) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Manager, Safety Management Group, FAA, ATTN: Gary Roach,
Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations
and Policy Group, Fort Worth, Texas 76137-0111, telephone (817) 222-
5130, fax<PHONE_NUMBER>, for information about previously approved
alternative methods of compliance.
    (d) Special flight permits will not be issued.
    (e) Copies of the applicable service information may be obtained
from American Eurocopter Corporation, 2701 Forum Drive, Grand
Prairie, TX 75053-4005, telephone<PHONE_NUMBER>, fax (972) 641-
3527, or at http://www.eurocopter.com.
    (f) This amendment becomes effective on December 28, 2009, to
all persons except those persons to whom it was made immediately
effective by Emergency AD 2009-09-51, issued April 17, 2009, which
contained the requirements of this amendment.

    Note: The subject of this AD is addressed in European Aviation
Safety Agency (EASA) AD No. 2009-0087-E, dated April 11, 2009.

    Issued in Fort Worth, Texas, on October 23, 2009.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-29425 Filed 12-10-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Pages 36910-36911]
[FR Doc No: 2016-13444]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC16-122-000.
    Applicants: Virginia Electric and Power Company.
    Description: Application of Virginia Electric and Power Company for
Authorization Under Section 203 of the Federal Power Act and Requests
for Waivers, Shortened Comment Period and Expedited Consideration.
    Filed Date: 5/27/16.
    Accession Number: 20160527-5265.
    Comments Due: 5 p.m. ET 6/17/16.

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

    Docket Numbers: ER10-1469-004; ER10-1467-004; ER10-1468-004; ER10-
1459-008; ER13-785-003; ER13-713-003; ER10-1453-004.
    Applicants: Cleveland Electric Illuminating Company, FirstEnergy
Generation Mansfield Unit 1 Corp., FirstEnergy Generation, LLC,
FirstEnergy Nuclear Generation, LLC, FirstEnergy Solutions Corp., Ohio
Edison Company, The Toledo Edison Company, The Cleveland Electric
Illuminating Company.
    Description: Notice of change in status of the FirstEnergy
Companies et al.
    Filed Date: 5/27/16.
    Accession Number: 20160527-5247.
    Comments Due: 5 p.m. ET 6/17/16.

    Docket Numbers: ER15-623-009.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Compliance Filing pursuant to the
May 10, 2016 Order on Rehearing and Compliance to be effective 4/1/
2015.
    Filed Date: 5/31/16.
    Accession Number: 20160531-5509.
    Comments Due: 5 p.m. ET 6/21/16.

    Docket Numbers: ER16-923-002.
    Applicants: Puget Sound Energy, Inc.
    Description: Compliance filing: EIM Attachment O Compliance to be
effective 7/25/2016.
    Filed Date: 5/27/16.
    Accession Number: 20160527-5209.
    Comments Due: 5 p.m. ET 6/17/16.

    Docket Numbers: ER16-1808-000.
    Applicants: Williams Flexible Generation, LLC.
    Description: Tariff Cancellation: Cancellation of Tariff to be
effective 5/30/2016.
    Filed Date: 5/27/16.
    Accession Number: 20160527-5207.
    Comments Due: 5 p.m. ET 6/17/16.

    Docket Numbers: ER16-1809-000.
    Applicants: NSTAR Electric Company.
    Description: Sec.  205(d) Rate Filing: First Amendment to Exelon
West Medway II Design and Engineering Agreement to be effective 5/31/
2016.
    Filed Date: 5/31/16.
    Accession Number: 20160531-5154.
    Comments Due: 5 p.m. ET 6/21/16.

    Docket Numbers: ER16-1810-000.
    Applicants: Michigan Electric Transmission Company, LLC.
    Description: Notice of Cancellation of Generator Interconnection
and Operating Agreement of Michigan Electric Transmission Company, LLC.
    Filed Date: 5/27/16.
    Accession Number: 20160527-5254.
    Comments Due: 5 p.m. ET 6/17/16.

    Docket Numbers: ER16-1811-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3204 KCP&L GMO and City of
Rich Hill, MO Interconnection Agr to be effective 5/27/2016.
    Filed Date: 5/31/16.
    Accession Number: 20160531-5271.
    Comments Due: 5 p.m. ET 6/21/16.

    Docket Numbers: ER16-1812-000.
    Applicants: Southwestern Electric Power Company.
    Description: Informational Filing regarding postemployment benefits
other than pensions and post-employment benefits of Southwestern
Electric Power Company.
    Filed Date: 5/27/16.
    Accession Number: 20160527-5259.
    Comments Due: 5 p.m. ET 6/17/16.

    Docket Numbers: ER16-1813-000.
    Applicants: New England Power Pool Participants Committee.

    Description: Sec.  205(d) Rate Filing: June 2016 Membership Filing
to be effective 5/1/2016.
    Filed Date: 5/31/16.
    Accession Number: 20160531-5303.
    Comments Due: 5 p.m. ET 6/21/16.

    Docket Numbers: ER16-1814-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Revisions to Attachment M
Appendix 1 to Update the Loss Factor for SPS to be effective 5/1/2016.
    Filed Date: 5/31/16.
    Accession Number: 20160531-5321.
    Comments Due: 5 p.m. ET 6/21/16.

    Docket Numbers: ER16-1815-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: DSA, Technicast Feed-In-
Tariff Project to be effective 7/31/2016.
    Filed Date: 5/31/16.
    Accession Number: 20160531-5433.
    Comments Due: 5 p.m. ET 6/21/16.

    Docket Numbers: ER16-1816-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA SA No. 4471,
Queue No. AB1-119 to be effective 5/17/2016.
    Filed Date: 5/31/16.
    Accession Number: 20160531-5437.
    Comments Due: 5 p.m. ET 6/21/16.

    Docket Numbers: ER16-1817-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2016-05-31_Attachment X External
NRIS Compliance Filing to be effective 12/31/9998.
    Filed Date: 5/31/16.
    Accession Number: 20160531-5480.
    Comments Due: 5 p.m. ET 6/21/16.

    Docket Numbers: ER16-1818-000.
    Applicants: South Eastern Generating Corp.
    Description: Tariff Cancellation: Notice of Cancellation to be
effective 6/1/2016.
    Filed Date: 5/31/16.
    Accession Number: 20160531-5499.
    Comments Due: 5 p.m. ET 6/21/16.

    Docket Numbers: ER16-1819-000.
    Applicants: South Eastern Electric Development Corp.
    Description: Tariff Cancellation: Notice of Cancellation to be
effective 6/1/2016.
    Filed Date: 5/31/16.
    Accession Number: 20160531-5501.
    Comments Due: 5 p.m. ET 6/21/16.

    Docket Numbers: ER16-1820-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of WMPA SA
No. 3252, Queue No. W4-031 to be effective 7/22/2016.
    Filed Date: 5/31/16.
    Accession Number: 20160531-5502.
    Comments Due: 5 p.m. ET 6/21/16.

    Docket Numbers: ER16-1821-000.
    Applicants: Utility Contract Funding II, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation to be
effective 6/1/2016.
    Filed Date: 5/31/16.
    Accession Number: 20160531-5503.
    Comments Due: 5 p.m. ET 6/21/16.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH16-7-000.
    Applicants: Public Sector Pension Investment Board.
    Description: Public Sector Pension Investment Board submits FERC
65-B Waiver Notification.
    Filed Date: 5/27/16.
    Accession Number: 20160527-5264.
    Comments Due: 5 p.m. ET 6/17/16.

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

    Docket Numbers: RR16-4-000.
    Applicants: North American Electric Reliability Corporation.
    Description: North American Electric Reliability Corporation's
Report of Comparisons of Budgeted to Actual Costs for 2015 for NERC and
the Regional Entities.
    Filed Date: 5/31/16.
    Accession Number: 20160531-5442.
    Comments Due: 5 p.m. ET 6/21/16.

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

    Dated: May 31, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-13444 Filed 6-7-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)]
[Notices]
[Pages 39921-39922]
[FR Doc No: 2016-14519]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
           Docket No.               File date     Presenter or requester
------------------------------------------------------------------------
Prohibited:
    1. CP14-115-000, CP14-103-        5-23-2016  Ruth A. Carter.
     000.
    2. CP11-161-000............        6-6-2016  FERC Staff.\1\
    3. CP16-21-000.............        6-6-2016  John Puffer.
Exempt:
    1. CP15-17-000, CP14-554-         5-31-2016  U.S. House
     000, CP15-16-000.                            Representative Sanford
                                                  D. Bishop, Jr.
    2. CP16-9-000..............       5-31-2016  U.S. House
                                                  Representative Stephen
                                                  F. Lynch.
    3. P-12966-004.............        6-1-2016  FERC Staff.\2\
    4. CP16-116-000............        6-6-2016  State of Texas
                                                  Lieutenant Governor
                                                  Dan Patrick.
    5. CP15-558-000............        6-6-2016  U.S. House
                                                  Representative Michael
                                                  G. Fitzpatrick.
    6. P-2744-043..............        6-6-2016  FERC Staff.\3\
    7. CP14-96-000.............        6-7-2016  State of New York
                                                  Assemblyman Steven H.
                                                  Cymbrowitz.
    8. P-14677-001.............        6-9-2016  FERC Staff.\4\
------------------------------------------------------------------------

    Dated: June 14, 2016.
---------------------------------------------------------------------------

    \1\ Email conversation dated May 16, 2016 with Greg Lorto.
    \2\ Memo forwarding letter dated May 26, 2016 from the U.S.
Department of the Interior to the State of Utah Department of
Natural Resources.
    \3\ Telephone Record from June 6, 2016 call with Tom Plante,
consultant for the Menominee and Park Mill Hydroelectric Project.
    \4\ Telephone Record from June 8, 2016 call with Jason Garber of
Montana Department of Environmental Quality.
---------------------------------------------------------------------------

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-14519 Filed 6-17-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Notices]
[Pages 40876-40877]
[FR Doc No: 2022-14509]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0135]

Entry-Level Driver Training: Railsback HazMat Safety
Professionals, LLC; Application for Exemption

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

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA announces that it has received an application from Rex
Railsback, Owner, Railsback HazMat Safety Professionals, LLC (Railsback
HMSP), for an exemption from the theory instructor qualification
requirements in the entry-level driver training (ELDT) regulations. Mr.
Railsback would perform theory (i.e., classroom) training relating to
the transportation of hazardous materials for driver-trainees seeking
to obtain a hazardous materials endorsement on their commercial
driver's license (CDL). FMCSA requests public comment on the
applicant's request for exemption.

DATES: Comments must be received on or before August 8, 2022.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2022-0135 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Each submission must include the Agency name and the docket number
(FMCSA-2022-0135) for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    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. To be sure someone is there to help you,
please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting Dockets
Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption 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
https://www.transportation.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA, at<PHONE_NUMBER> or by email at
[email protected]. If you have questions on viewing or submitting material
to the docket, contact Dockets Operations at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2022-0135), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put
the docket number (``FMCSA-2022-0135'') in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on the ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs).
FMCSA must publish a notice of each exemption request in the Federal
Register (49 CFR 381.315(a)). The Agency must provide the public an
opportunity to inspect the information relevant to the application,
including any safety analyses that have been conducted. The Agency must
provide an opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The Agency must
publish its decision in the Federal Register (49 CFR 381.315(b)) with
the reasons for denying or granting the application and, if granted,
the name of the person or class of persons receiving the exemption and
the regulatory provision from which the exemption is granted. The
notice must specify the effective period and explain the terms and
conditions of the

exemption. The exemption may be renewed (49 CFR 381.300(b)).

III. Applicant's Request

    Rex Railsback, Owner, Railsback HMSP, seeks an exemption from the
requirement that a driver training instructor must possess a CDL with
all applicable endorsements to perform ELDT theory instruction. Mr.
Railsback would perform theory (i.e., classroom) training of 49 CFR
parts 100-185 relating to the transportation of hazardous materials for
driver-trainees seeking to obtain a hazardous materials endorsement on
their CDL.
    A copy of the application for exemption is available for review in
the docket for this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Mr. Railsback's application for
an exemption. All comments received before the close of business on the
comment closing date indicated at the beginning of this notice will be
considered and will be available for examination in the docket at the
location listed under the Addresses section of this notice. Comments
received after the comment closing date will be filed in the public
docket and will be considered to the extent practicable. In addition to
late comments, FMCSA will also continue to file, in the public docket,
relevant information that becomes available after the comment closing
date. Interested persons should continue to examine the public docket
for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-14509 Filed 7-7-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Notices]
[Pages 44076-44078]
[FR Doc No: 2011-18492]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64899; File No. SR-NASDAQ-2011-097]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend NASDAQ Stock Market Equities Trading Rules 4757 and 4758 and
NASDAQ Options Market Rules Chapter VI

 July 18, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on July 13, 2011, The NASDAQ Stock Market LLC (the ``Exchange''
or ``NASDAQ'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange is filing this proposed rule change to amend NASDAQ
Stock Market equities trading Rules 4757 and 4758 and NASDAQ Options
Market Rules Chapter VI, Section 10 and 11.
    The text of the proposed rule change is available at http://nasdaq.cchwallstreet.com/, at NASDAQ's principal office, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of those statements may be examined at the places specified in
Item IV below. The

Exchange has prepared summaries, set forth in sections A, B, and C
below, of the most significant parts of such statements.

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

1. Purpose
    On November 3, 2010, the Commission adopted the Market Access
Rule,\3\ pursuant to which, among other things, broker-dealers
providing market access are required to implement certain pre-order
entry checks in order to manage the financial, regulatory, and other
risks associated with providing its customers with market access. In
anticipation of the upcoming July 14, 2011 compliance date for the
Market Access Rule, the Exchange is proposing to amend NASDAQ Stock
Market equities trading Rules 4757 and 4758 and NASDAQ Options Market
Rules Chapter VI, Section 10 and 11 to describe the manner in which the
Exchange's affiliated routing broker-dealers, NASDAQ Execution Services
(``NES'') and NASDAQ Options Services (``NOS'') will handle routable
orders consistent with the Market Access Rule.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 63241 (November 3,
2010), 75 FR 69792 (November 15, 2010).
---------------------------------------------------------------------------

    In order to comply with the Market Access Rule, NES and NOS propose
to implement, as part of the procedures of NES and NOS, certain tests,
on both an order-by-order basis and over a short period of time, that
are designed to limit the financial exposure that could arise as a
result of market access and to ensure compliance with all regulatory
requirements that are applicable in connection with market access.
Consistent with the requirements of the Market Access Rule, these tests
are designed to reject orders that NES and NOS deem to be erroneous or
duplicative, would cause the entering Member's credit exposure to
exceed a preset credit threshold, or are non-compliant with pre-trade
regulatory requirements (as defined in the Market Access Rule). To the
extent NES and NOS determine, based on these procedures, that an order
should be rejected, NES and NOS may also seek to cancel orders that
have already been routed away.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\4\ In particular, the
proposed change is consistent with Section 6(b)(5) of the Act,\5\
because it would promote just and equitable principles of trade, and,
in general, protect investors and the public interest. The proposed
rule is consistent with the requirements of the Act because the change
is necessary for the Exchange's affiliated broker-dealer, NES and NOS,
to comply with the Market Access Rule. The Exchange also believes that
the proposed changes will benefit Members of the Exchange because it
provides clarity on the procedures employed by NES and NOS consistent
with the Market Access Rule.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. Rather, the change
will promote greater competition by allowing NASDAQ to adopt
functionality already in use at competing national securities
exchanges.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to 19(b)(3)(A) of the Act \6\ and Rule 19b-4(f)(6)
thereunder.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
NASDAQ has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \8\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\9\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange notes that
waiving the 30-day operative delay will permit the Exchange's
affiliated broker-dealers, NES and NOS, to comply with Rule 15c3-5
under the Act by July 14, 2011; \10\ the compliance date for Rule 15c3-
5. For this reason, the Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest, and designates the proposed rule change to be
operative upon filing with the Commission.\11\
---------------------------------------------------------------------------

    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 17 CFR 240.19b-4(f)(6)(iii).
    \10\ 17 CFR 240.15c3-5.
    \11\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2011-097 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2011-097. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's

Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the
submission, all subsequent amendments, all written statements with
respect to the proposed rule change that are filed with the Commission,
and all written communications relating to the proposed rule change
between the Commission and any person, other than those that may be
withheld from the public in accordance with the provisions of 5 U.S.C.
552, will be available for Web site viewing and printing in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of the Exchange. All comments received
will be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2011-097 and should be submitted
on or before August 12, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-18492 Filed 7-21-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Rules and Regulations]
[Page 43045]
[FR Doc No: 2019-17893]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0721]

Safety Zones; Recurring Events in Captain of the Port Duluth
Zone--Lake Superior Dragon Boat Festival Fireworks

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the safety zone for the Lake
Superior Dragon Boat Festival Fireworks in Superior, WI from 08:30 p.m.
through 10:00 p.m. on August 23, 2019. This action is necessary to
protect participants and spectators during the Lake Superior Dragon
Boat Festival Fireworks. During the enforcement period, entry into,
transiting, or anchoring within the safety zone is prohibited unless
authorized by the Captain of the Port Duluth or their designated on-
scene representative.

DATES: The regulations in Table 1 to Sec.  165.943(10) of 33 CFR
165.943 for the Lake Superior Dragon Boat Festival Fireworks safety
zone will be enforced from 8:30 p.m. through 10:00 p.m. on August 23,
2019.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email LT Abbie Lyons, Chief of Waterways Management,
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
for the annual Lake Superior Dragon Boat Festival Fireworks in Table 1
to Sec.  165.943(10) of 33 CFR 165.943 from 08:30 p.m. through 10:00
p.m. on August 23, 2019, on all waters of Superior Harbor bounded by
the arc of a circle with a 300-foot radius from the fireworks launch
site with its center in position 46[deg]43'28'' N, 092[deg]03'47'' W.
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Duluth or their
designated on-scene representative. The Captain of the Port's
designated on-scene representative may be contacted via VHF Channel 16.
    This document is issued under authority of 33 CFR 165.943 and 5
U.S.C. 552 (a). In addition to this publication in the Federal
Register, the Coast Guard will provide the maritime community with
advance notification of the enforcement of this safety zone via
Broadcast Notice to Mariners. The Captain of the Port Duluth or their
on-scene representative may be contacted via VHF Channel 16.

    Dated: August 14, 2019.
F.M. Smith,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2019-17893 Filed 8-19-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Notices]
[Pages 44612-44613]
[FR Doc No: 2017-20447]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9966-90-ORD]

Ambient Air Monitoring Reference and Equivalent Methods:
Designation of Three New Reference Methods

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the Environmental Protection
Agency (EPA) has designated three new reference methods for measuring
concentrations of PM2.5, PM10, and
PM10-2.5 in the ambient air.

FOR FURTHER INFORMATION CONTACT: Robert Vanderpool, Exposure Methods
and Measurement Division (MD-D205-03), National Exposure Research
Laboratory, U.S. EPA, Research Triangle Park, North Carolina 27711.
Phone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In accordance with regulations at 40 CFR
part 53, the EPA evaluates various methods for monitoring the
concentrations of those ambient air pollutants for which EPA has
established National Ambient Air Quality Standards (NAAQSs) as set
forth in 40 CFR part 50. Monitoring methods that are determined to meet
specific requirements for adequacy are designated by the EPA as either
reference methods or equivalent methods (as applicable), thereby
permitting their use under 40 CFR part 58 by States and other agencies
for determining compliance with the NAAQSs.
    The EPA hereby announces the designation of three new reference
methods for measuring concentrations of PM2.5,
PM10, and PM10-2.5 in the ambient air. These
designations are made under the provisions of 40 CFR part 53, as
amended on August 31, 2011 (76 FR 54326- 54341).
    The new reference method for PM2.5 is a manual
monitoring method based on a specific PM2.5 sampler and is
identified as follows:
    RFPS-0717-245, ``Met One Instruments, Inc. E-SEQ-FRM,'' sequential
sampler configured for multi-event filter sampling of ambient

particulate matter using the U.S. EPA PM10 inlet specified
in 40 CFR part 50, Appendix L, Figs. L-2 thru L-19, equipped with
either a Mesa Laboratories VSCCTM cyclone or WINS
PM2.5 fractionator, with a flow rate of 16.67 L/min, using
47 mm PTFE membrane filter media, and operating with firmware version
R1.1.0 and later, and operated in accordance with the Met One E-SEQ-FRM
PM2.5 operating manual. This designation applies to
PM2.5 measurements only.
    The new reference method for PM10 is a manual monitoring
method based on a specific PM10 sampler and is identified as
follows:
    RFPS-0717-246, ``Met One Instruments, Inc. E-SEQ-FRM,'' sequential
sampler configured for multi-event filter sampling of ambient
particulate matter using the U.S. EPA PM10 inlet specified
in 40 CFR part 50, Appendix L, Figs. L-2 thru L-19, equipped with
either a Mesa Laboratories VSCCTM cyclone or WINS
PM2.5 fractionator, with a flow rate of 16.67 L/min, using
47 mm PTFE membrane filter media, and operating with firmware version
R1.1.0 and later, and operated in accordance with the Met One E-SEQ-FRM
PM10 operating manual. This designation applies to
PM10 measurements only.
    The new PM10-2.5 reference method utilizes a pair of
filter samplers that have been designated individually as reference
methods, one for PM2.5 and the other one for
PM10, and have been shown to meet the requirements specified
in appendix O of 40 CFR part 50. The PM2.5 and
PM10 samplers are designated as reference methods RFPS-0717-
245 and RFPS-0717-246, respectively. The newly designated
PM10-2.5 sampler is identified as follows:
    RFPS-0717-247, ``Met One Instruments, Inc. E-SEQ-FRM
PM10 and E-SEQ-FRM PM2.5 Sampler Pair'' for the
determination of coarse particulate matter as PM10-2.5,
consisting of a pair of Met One Instruments, Inc. E-SEQ-FRM samplers,
with one being the E-SEQ-FRM PM2.5 sampler (RFPS-0717-245)
and the other being the E-SEQ-FRM PM10 sampler (RFPS-0717-
246). The units are to be collocated to within 1-4 meters of one
another and sample concurrently. Both units are operated in accordance
with the associated E-SEQ-FRM instruction manual. This designation
applies to PM10-2.5 measurements only.
    The application for reference method determination for the
PM2.5 method was received by the Office of Research and
Development on May 17, 2017, the PM10 method application was
received on June 5, 2017, and the PM10-2.5 method was
received on July 25, 2017. These monitors are commercially available
from the applicant, Met One Instruments, Inc., 1600 Washington Blvd.,
Grants Pass, OR 97526.
    Test monitors representative of these methods have been tested in
accordance with the applicable test procedures specified in 40 CFR part
53, as amended on August 31, 2011. After reviewing the results of those
tests and other information submitted in the applications, EPA has
determined, in accordance with part 53, that these methods should be
designated as reference methods. The information in the applications
will be kept on file, either at EPA's National Exposure Research
Laboratory, Research Triangle Park, North Carolina 27711 or in an
approved archive storage facility, and will be available for inspection
(with advance notice) to the extent consistent with 40 CFR part 2
(EPA's regulations implementing the Freedom of Information Act).
    As designated reference methods, these methods are acceptable for
use by states and other air monitoring agencies under the requirements
of 40 CFR part 58, Ambient Air Quality Surveillance. For such purposes,
the methods must be used in strict accordance with the operation or
instruction manuals associated with the methods and subject to any
specifications and limitations (e.g., configuration or operational
settings) specified in the applicable designated descriptions (see the
identification of the methods above).
    Use of the methods also should be in general accordance with the
guidance and recommendations of applicable sections of the ``Quality
Assurance Handbook for Air Pollution Measurement Systems, Volume I,''
EPA/600/R-94/038a and ``Quality Assurance Handbook for Air Pollution
Measurement Systems, Volume II, Ambient Air Quality Monitoring
Program'' EPA-454/B-08-003, December, 2008. Provisions concerning
modification of such methods by users are specified under Section 2.8
(Modifications of Methods by Users) of Appendix C to 40 CFR part 58.
    Consistent or repeated noncompliance should be reported to:
Director, Exposure Methods and Measurement Division (MD-E205-01),
National Exposure Research Laboratory, U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711.
    Designation of these new reference methods is intended to assist
the States in establishing and operating their air quality surveillance
systems under 40 CFR part 58. Questions concerning the commercial
availability or technical aspects of the methods should be directed to
the applicant.

    Dated: August 16, 2017.
Timothy H. Watkins,
Deputy Director, National Exposure Research Laboratory.
[FR Doc. 2017-20447 Filed 9-22-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Proposed Rules]
[Pages 27786-27799]
[FR Doc No: 2023-09434]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0671; Project Identifier AD-2022-01428-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2022-03-20, which applies to all The Boeing Company Model 737-8, 737-9,
and 737-8200 airplanes. AD 2022-03-20 requires revising the limitations
and operating procedures sections of the existing airplane flight
manual (AFM) to incorporate limitations prohibiting the use of certain
minimum equipment list (MEL) items, and to incorporate operating
procedures for calculating takeoff and landing distances, when in the
presence of 5G C-Band interference as identified by Notices to Air
Missions (NOTAMs). Since the FAA issued AD 2022-03-20, the FAA
determined that additional limitations are needed due to the continued
deployment of new 5G C-Band base stations whose signals are expected to
cover most of the contiguous United States at transmission frequencies
between 3.7-3.98 GHz. This proposed AD would require revising the
limitations section of the existing AFM to incorporate limitations
prohibiting the use of certain MEL items, and would retain the
operating procedures from AD 2022-03-20 for calculating takeoff and
landing distances, due to the presence of 5G C-Band interference. The
FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by May 23,
2023.

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 regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0671; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Brett Portwood, Continued Operational
Safety Technical Advisor, COS Program Management Section, Operational
Safety Branch, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;

phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-0671; Project Identifier
AD-2022-01428-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Brett
Portwood, Continued Operational Safety Technical Advisor, COS Program
Management Section, Operational Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; email:
[email protected]. Any commentary that the FAA receives that is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    The FAA issued AD 2021-23-12, Amendment 39-21810 (86 FR 69984,
December 9, 2021) (AD 2021-23-12), for all transport and commuter
category airplanes equipped with a radio altimeter. AD 2021-23-12 was
prompted by a determination that radio altimeters cannot be relied upon
to perform their intended function if they experience interference from
wireless broadband operations in the 3.7-3.98 GHz frequency band (5G C-
Band). AD 2021-23-12 requires revising the limitations section of the
existing AFM to incorporate limitations prohibiting certain operations
requiring radio altimeter data when in the presence of 5G C-Band
interference as identified by NOTAMs. The agency issued AD 2021-23-12
because radio altimeter anomalies that are undetected by the automation
or pilot, particularly close to the ground (e.g., landing flare), could
lead to loss of continued safe flight and landing.
    The FAA subsequently identified an additional hazard presented by
5G C-Band interference on The Boeing Company Model 737-8, 737-9, and
737-8200 airplanes and issued AD 2022-03-20, Amendment 39-21937 (87 FR
4787, January 31, 2022) (AD 2022-03-20). AD 2022-03-20 was prompted by
a determination that as a result of 5G C-Band interference, certain
airplane systems may not properly function, resulting in longer than
normal landing or rejected takeoff distances, due to the effect on
thrust reverser deployment, spoilers, speedbrake deployment, and
increased idle thrust, regardless of the approach type or weather. AD
2022-03-20 requires revising the limitations and operating procedures
sections of the existing AFM to incorporate limitations prohibiting the
use of certain MEL items, and to incorporate operating procedures for
calculating takeoff and landing distances, when in the presence of 5G
C-Band interference as identified by NOTAMs. The agency issued AD 2022-
03-20 to address degraded deceleration performance, which could lead to
a runway excursion.

Actions Since AD 2022-03-20 Was Issued

    Since issuing AD 2022-03-20, the FAA determined that additional
limitations are needed due to the continued deployment of new 5G C-Band
base stations whose signals are expected to cover most of the
contiguous United States at transmission frequencies between 3.7-3.98
GHz. Therefore, the FAA issued an NPRM, Docket No. FAA-2022-1647 (88 FR
1520, January 11, 2023) (the NPRM), proposing to supersede AD 2021-23-
12. In the NPRM, the FAA proposed to retain most of the operational
prohibitions required by AD 2021-23-12 until June 30, 2023; on or
before June 30, 2023, operators would be required to revise their
existing AFM to prohibit these operations unless the airplane has a
radio altimeter meeting proposed minimum performance levels (a defined
power spectral density (PSD) curve as well as a defined aggregate
spurious emission level) and is operating at a 5G C-Band mitigated
airport (5G CMA). In the NPRM, the FAA also proposed to require all
airplanes operating under 14 CFR part 121 to have a radio altimeter
meeting the proposed minimum performance standards by February 1, 2024.
    Since the NPRM was published, the FAA has determined that a PSD
curve is a more appropriate method to define performance than a single
fixed emission level. The proposed PSD curve more accurately reflects
differences in radio altimeter susceptibility to interfering emissions
at different altitude levels. The FAA plans to issue guidance on how to
show compliance with both the fundamental PSD curve and spurious PSD
curve, including the data to be submitted, for the FAA to approve the
method used.
    AD 2022-03-20 relies on the FAA's use of NOTAMs to identify 5G C-
band interference at certain airports in the U.S. airspace. As
explained in more detail in the NPRM, those NOTAMs are no longer the
best means of communicating the location of the 5G C-Band environment.
Therefore, this proposed AD would retain the AFM limitations required
by AD 2022-03-20 until June 30, 2023. On or before June 30, 2023, this
proposed AD would require operators to replace the limitations with
limitations prohibiting the same operations, except the prohibitions
would not be tied to NOTAMs but instead would depend on whether the
airplane is operated at a 5G CMA as identified by an FAA Domestic
Notice. Because the 5G C-Band Interference operating procedure required
by AD 2022-03-20 does not reference NOTAMs, this proposed AD would
retain that operating procedure requirement with no change.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain the requirements of AD 2022-03-20
until June 30, 2023. On or before June 30, 2023, this proposed AD would
require

replacing those AFM limitations with limitations prohibiting the same
dispatching or releasing to airports, and takeoff or landings on
runways, and use of certain MEL items at all airports for non-radio
altimeter tolerant airplanes. For radio altimeter tolerant airplanes,
the prohibited operations would be allowed at 5G CMAs as identified in
an FAA Domestic Notice. The minimum performance levels in this proposed
AD for determining whether an airplane is radio altimeter tolerant are
the same minimum performance levels proposed in the NPRM, except the
FAA has replaced the proposed fixed emission level with a proposed PSD
curve emission threshold that more accurately reflects differences in
radio altimeter susceptibility to interfering emissions at different
altitude levels.
    Paragraph (k)(3) of this proposed AD specifies that AMOCs approved
for AD 2021-23-12 providing relief for specific radio altimeter
installations are approved as AMOCs for the requirements specified in
paragraph (h) of this proposed AD until June 30, 2023. After June 30,
2023 operators with AMOCs approved for AD 2021-23-12 would be required
to incorporate the 5G C-Band Interference operating procedure specified
in paragraph (h)(2) of this proposed AD. The new AFM limitations, which
would be required by paragraph (i) or (j) of this proposed AD, specify
that operators must comply with this 5G C-Band Interference operating
procedure.

Interim Action

    The FAA considers that this AD, if adopted as proposed, would be an
interim action. Once the Technical Standard Order (TSO) standard for
radio altimeters is established, which will follow the existing
international technical consensus on the establishment of the minimum
operational performance standards (MOPS), the FAA anticipates that the
MOPS will be incorporated into the TSO. The FAA also anticipates that
aircraft incorporating equipment approved under the new Radio Altimeter
TSO will be able to operate in both 5G CMAs and non-5G CMAs with no 5G
C-Band-related AFM limitations. Once a new radio altimeter TSO is
developed, approved, and available, the FAA might consider additional
rulemaking.

Costs of Compliance

    The cost information below describes the costs to change the AFM.
Although this proposed AD would largely maintain the AFM limitations
currently required by AD 2022-03-20, the FAA acknowledges that this
proposed AD may also impose costs on some aircraft operators from
having to change their conduct to comply with the amended AFM. However,
the FAA lacks the data necessary to quantify the costs associated with
aircraft operators changing their conduct. The FAA is seeking public
comment on these costs so the agency can more fully account for the
impact of this regulatory action.
    The FAA estimates that this AD, if adopted as proposed, would
affect 276 airplanes of U.S. registry.\1\ The FAA estimates the
following costs to comply with this proposed AD:
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    \1\ This is the number of Boeing Model 737-8, 737-9, and 737-
8200 airplanes on the FAA's registry as of December 1, 2022.
    \2\ The labor rate of $85 per hour is the average wage rate for
an aviation mechanic.
    \3\ The estimated cost for this revision would not constitute a
significant economic impact (even for small entities) because $85 is
a minimal cost compared to the regular costs of maintaining and
operating a Model 737-8, 737-9, or 737-8200 transport category
airplane.

                                                 Estimated Costs
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                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
AFM revision (retained actions from   1 work-hour \2\ x $85                $0              $85          $23,460
 AD 2022-03-20).                       per hour = $85.
New AFM revisions (new proposed       1 work-hour x $85 per                 0               85       \3\ 23,460
 action).                              hour = $85.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    The FAA has 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 that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:
0
a. Removing Airworthiness Directive (AD) 2022-03-20, Amendment 39-21937
(87 FR 4787, January 31, 2022), and
0
b. Adding the following new AD:

The Boeing Company Airplanes: Docket No. FAA-2023-0671; Project
Identifier AD-2022-01428-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by May 23, 2023.

(b) Affected ADs

    This AD replaces AD 2022-03-20, Amendment 39-21937 (87 FR 4787,
January 31, 2022) (AD 2022-03-20).

(c) Applicability

    This AD applies to all The Boeing Company 737-8, 737-9, and 737-
8200 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by a determination that radio altimeters
cannot be relied upon to perform their intended function if they
experience interference from wireless broadband operations in the
3.7-3.98 GHz frequency band (5G C-Band), and a determination that,
during takeoffs and landings, as a result of this interference,
certain airplane systems may not properly function, resulting in
longer than normal landing or rejected takeoff distances due to the
effect on thrust reverser deployment, spoilers, speedbrake
deployment, and increased idle thrust, regardless of the approach
type or weather. The FAA is issuing this AD to address degraded
deceleration performance, which could lead to a runway excursion.

(f) Compliance

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

(g) Definitions

    (1) For purposes of this AD, a ``5G C-Band mitigated airport''
(5G CMA) is an airport at which the telecommunications companies
have agreed to voluntarily limit their 5G deployment at the request
of the FAA, as identified by an FAA Domestic Notice.
    (2) For purposes of this AD, a ``radio altimeter tolerant
airplane'' is one for which the radio altimeter, as installed,
demonstrates the tolerances specified in paragraphs (g)(2)(i) and
(ii) of this AD, using a method approved by the FAA.
    (i) Tolerance to radio altimeter interference, for the
fundamental emissions (3.7-3.98 GHz), at or above the power spectral
density (PSD) curve threshold specified in figure 1 to paragraph
(g)(2)(i) of this AD.
Figure 1 to paragraph (g)(2)(i)--Fundamental Effective Isotropic PSD
at Outside Interface of Aircraft Antenna
[GRAPHIC] [TIFF OMITTED] TP03MY23.097

    (ii) Tolerance to radio altimeter interference, for the spurious
emissions (4.2-4.4 GHz), at or above the PSD curve threshold
specified in figure 2 to paragraph (g)(2)(ii) of this AD.

Figure 2 to paragraph (g)(2)(ii)--Spurious Effective Isotropic PSD
at Outside Interface of Aircraft Antenna
[GRAPHIC] [TIFF OMITTED] TP03MY23.098

    (3) For purposes of this AD, a ``non-radio altimeter tolerant
airplane'' is one for which the radio altimeter, as installed, does
not demonstrate the tolerances specified in paragraphs (g)(2)(i) and
(ii) of this AD.
    (4) Runway condition codes are defined in figure 3 to paragraph
(g)(4) of this AD.
Figure 3 to paragraph (g)(4)--Runway Condition Codes

[GRAPHIC] [TIFF OMITTED] TP03MY23.099

(h) Retained Airplane Flight Manual (AFM) Revision

    This paragraph restates the requirements of paragraph (h) of AD
2022-03-20.
    (1) Within 2 days after January 31, 2022 (the effective date of
AD 2022-03-20): Revise the Limitations Section of the existing AFM
to include the information specified in figure 4 to paragraph (h)(1)
of this AD. This may be done by inserting a copy of figure 4 to
paragraph (h)(1) of this AD into the existing AFM.
Figure 4 to paragraph (h)(1)--AFM Limitations Revisions
[GRAPHIC] [TIFF OMITTED] TP03MY23.100

    (2) Within 2 days after January 31, 2022 (the effective date of
AD 2022-03-20): Revise the Operating Procedures Section of the
existing AFM to include the information specified in figure 5 to
paragraph (h)(2) of this AD. This may be done by inserting a copy of
figure 5 to paragraph (h)(2) of this AD into the existing AFM.
Figure 5 to paragraph (h)(2)--AFM Operating Procedures Revision
[GRAPHIC] [TIFF OMITTED] TP03MY23.101

[GRAPHIC] [TIFF OMITTED] TP03MY23.102

[GRAPHIC] [TIFF OMITTED] TP03MY23.103

[GRAPHIC] [TIFF OMITTED] TP03MY23.104

[GRAPHIC] [TIFF OMITTED] TP03MY23.105

[GRAPHIC] [TIFF OMITTED] TP03MY23.106

(i) New Requirement: AFM Revision for Non-Radio Altimeter Tolerant
Airplanes

    For non-radio altimeter tolerant airplanes, do the actions
specified in paragraphs (i)(1) and (2) of this AD.
    (1) On or before June 30, 2023, revise the Limitations Section
of the existing AFM to include the information specified in figure 6
to paragraph (i) of this AD. This may be done by inserting a copy of
figure 6 to paragraph (i) of this AD into the existing AFM.
Incorporating the AFM revision required by this paragraph terminates
the AFM revision required by paragraph (h)(1) of this AD.
    (2) Before further flight after incorporating the limitations
specified in figure 6 to paragraph (i) of this AD, remove the AFM
revision required by paragraph (h)(1) of this AD.

Figure 6 to paragraph (i)--AFM Revision for Non-Radio Altimeter
Tolerant Airplanes
[GRAPHIC] [TIFF OMITTED] TP03MY23.107

(j) New Requirement: AFM Revision for Radio Altimeter Tolerant
Airplanes

    For radio altimeter tolerant airplanes, do the actions specified
in paragraphs (j)(1) and (2) of this AD.
    (1) On or before June 30, 2023, revise the Limitations Section
of the existing AFM to include the information specified in figure 7
to paragraph (j) of this AD. This may be done by inserting a copy of
figure 7 to paragraph (j) of this AD into the existing AFM.
Incorporating the AFM revision required by this paragraph terminates
the AFM revision required by paragraph (h)(1) of this AD.
    (2) Before further flight after incorporating the limitations
specified in figure 7 to paragraph (j) of this AD, remove the AFM
revision required by paragraph (h)(1) of this AD.
Figure 7 to paragraph (j)--AFM Revision for Radio Altimeter Tolerant
Airplanes

[GRAPHIC] [TIFF OMITTED] TP03MY23.108

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Operational Safety Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the manager of the Operational Safety Branch, send it to the
attention of the person identified in paragraph (m) of this AD.
Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) AMOCs approved for AD 2021-23-12, Amendment 39-21810 (86 FR
69984, December 9, 2021) providing relief for specific radio
altimeter installations are approved as AMOCs for the requirements
specified in paragraph (h) of this AD until June 30, 2023.

(l) Related Information

    For more information about this AD, contact Brett Portwood,
Continued Operational Safety Technical Advisor, COS Program
Management Section, Operational Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; email:
[email protected].

(m) Material Incorporated by Reference

    None.

    Issued on April 28, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-09434 Filed 5-1-23; 4:15 pm]
BILLING CODE 4910-13-P