[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Rules and Regulations]
[Pages 35850-35852]
[FR Doc No: 2012-14640]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2011-1007]
RIN 1625-AA00

Safety Zone; F/V Deep Sea, Penn Cove, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone around the
Fishing Vessel (F/V) Deep Sea, located in Penn Cove, WA. This action is
necessary to ensure the safety of the maritime public by preventing
contact with potential debris and or hazardous material and allow
emergency on-scene vessels to respond to the incident by prohibiting
vessels from entering or remaining in the safety zone unless authorized
by the Captain of the Port or his Designated Representative.

DATES: This rule is effective in the CFR on June 15, 2012 until 11:59
p.m. on June 15, 2012. This rule is effective with actual notice for
purposes of enforcement from May 19, 2012 until June 15, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2011-1007. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE.,

Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ensign Nathaniel P. Clinger, Waterways Management
Division, Coast Guard Sector Puget Sound; Coast Guard; telephone 206-
217-6323, email<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing an NPRM would be
impracticable since immediate action is necessary to protect maritime
public and response vessels in or around Penn Cove, WA, from hazards
created by a sunken fishing vessel, which may include debris and other
potentially hazardous materials, and requires emergency response and
salvage operations.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Normal notice and comment
procedures cannot be followed due to the immediate threat of collision
and/or exposure to hazardous debris and/or materials associated with
the sunken F/V Deep Sea.

B. Basis and Purpose

    On the evening of May 13, 2012, the F/V Deep Sea, sank after
catching fire. Containment and absorbent boom is being used to mitigate
any impact to the environment from released hazardous wastes. Multiple
assets are on-scene responding to contain and clean up hazardous
material, assess potential environmental impact and/or response and
coordinate salvage operations. As a result the Coast Guard is
establishing a safety zone around the F/V Deep Sea, located in Penn
Cove, WA. The safety zone created by this rule is necessary to help
ensure the safety of maritime public and the personnel involved in
response and salvage operations with regard to the sunken F/V Deep Sea.
It prevents navigation in areas where response and salvage vessels may
be operating and that may contain debris or hazardous materials
produced from and as a result of the sunken F/V Deep Sea.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone which encompasses all
waters within 200 yards of the F/V Deep Sea, sunken in Penn Cove, WA.
Vessels wishing to enter the zone must request permission for entry by
contacting on-scene patrol craft on VHF CH 13 or Joint Harbor Operation
Center at<PHONE_NUMBER>. Once permission for entry is granted, vessels
must proceed at a minimum speed necessary for safe navigation.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 14 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule is not a
significant regulatory action due to being limited in size and
duration.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
This rule will affect the following entities, some of which may be
small entities: the owners or operators vessels intending to transit
the affected waterway during the period mentioned. This safety zone
will not have a significant economic impact on a substantial number of
small entities because the zone established in this rule is limited in
size and vessels may transit through area with permission from the
COTP.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of an emergency
safety zone. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination will be available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this rule.

 List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1

0
2. Add Sec.  165.T13-220 to read as follows:

Sec.  165.T13-220  Safety Zone; F/V Deep Sea, Penn Cove, WA.

    (a) Location. The following area is designated as a safety zone:
All waters encompassing 200 yards of the Fishing Vessel Deep Sea
located at approximately 48[deg]13'18'' N, 122[deg]47'42'' W, Penn
Cove, WA.
    (b) Regulations. In accordance with the general regulations in 33
CFR 165, Subpart C, vessels wishing to enter the zone must request
permission for entry by contacting the Joint Harbor Operation Center at
(206) 217-6001 or the on-scene patrol craft on VHF CH 13. Once
permission for entry is granted vessels must proceed at a minimum speed
necessary for safe navigation.
    (c) Enforcement period. This rule will be effective from 12 a.m. on
May 19, 2012 until 11:59 p.m. on June 15, 2012 unless cancelled sooner
by the Captain of the Port.

    Dated: May 18, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2012-14640 Filed 6-14-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: June 19, 2009 (Volume 74, Number 117)]
[Rules and Regulations]
[Page 29112-29116]
[DOCID:fr19jn09-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1082; Directorate Identifier 2007-NM-337-AD;
Amendment 39-15925; AD 2009-12-02]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A300 Airplanes; Model A300
B4-601, B4-603, B4-620, B4-622, B4-605R, B4-622R, F4-605R, F4-622R, and
C4-605R Variant F Airplanes (Collectively Called A300-600 Series
Airplanes); and Model A310 Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to the airplanes identified above. That AD
currently requires revising the FAA-approved maintenance program to
include a new airplane maintenance manual task that specifies a
detailed inspection after each ram air turbine (RAT) retraction. That
existing AD also currently requires, for certain airplanes, a one-time
inspection to detect breaks in the bottom flange fitting of the RAT and
corrective actions, if necessary; for certain airplanes, an adjustment
of the ejection jack; and, for certain other airplanes, replacement of
the aluminum part with an improved steel part. This AD also continues
to require certain actions for additional airplanes and revising the
FAA-approved maintenance program to include procedures for replacing
the RAT swivel coupling fork fitting with a new steel part only. This
AD results from a report that an additional swivel coupling of the RAT
yoke fitting was found cracked during the accomplishment of the
requirements of the existing AD. We are issuing this AD to prevent
misrigging of the ejection jack of the RAT and to ensure removal of any
RAT yoke fitting made from aluminum material. Such conditions could
result in a broken or cracked swivel coupling and consequent failure of
the RAT yoke fitting, which could result in the loss of RAT function
and possible loss of critical flight control systems in the event of
certain emergency situations.

DATES: This AD becomes effective July 24, 2009.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of July 24, 2009.

ADDRESSES: For service information identified in this AD, contact:
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; e-mail<EMAIL_ADDRESS>Internet http://
www.airbus.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2007-03-09, amendment
39-14920 (72 FR 5157, February 5, 2007). The existing AD applies to all
Model A300 airplanes; Model A300 B4-601, B4-603, B4-620, B4-622, B4-
605R, B4-622R, F4-605R, F4-622R, and C4-605R Variant F airplanes; and
Model A310 airplanes. That NPRM was published in the Federal Register
on October 10, 2008 (73 FR 60203). That NPRM proposed to continue to
require revising the FAA-approved maintenance program to include a new
airplane maintenance manual task that specifies a detailed inspection
after each ram air turbine (RAT) retraction and, for certain airplanes,
to continue to require replacing the aluminum yoke fitting of the
swivel coupling of the RAT with a new steel yoke fitting. That NPRM
also proposed to require replacing the RAT swivel coupling fork fitting
for additional airplanes and revising the FAA-approved maintenance
program to include procedures for replacing the RAT swivel coupling
fork fitting with a new steel part only.

Actions Since NPRM Was Issued

    The NPRM cited Airbus Mandatory Service Bulletin A300-57-0244,
dated March 4, 2005, as the appropriate source of service information
for procedures to replace the RAT swivel coupling fork fitting with a
new steel fitting. Airbus has since revised that service bulletin.
Revision 01, dated September 3, 2007, of that service bulletin includes
revised installation procedures. The procedures in Revision 02, dated
November 19, 2007, of that service bulletin are essentially the same as
those in Revision 01, dated September 3, 2007.
    We have revised paragraphs (f) and (h) of this AD to refer to
Revision 02 of Airbus Mandatory Service Bulletin A300-57-0244. We have
also added a new paragraph (k) to this AD to give credit for actions
done in accordance with Revision 01 of Airbus Mandatory Service
Bulletin A300-57-0244.
    We have also revised paragraph (f) to refer to Airbus Mandatory
Service Bulletins A310-57-2086, Revision 01, dated September 3, 2007;
and A300-57-6099, Revision 01, dated September 3, 2007. We referred to
the original issue of Airbus Mandatory Service Bulletin A310-57-2086,
dated March 1, 2005; and Airbus Mandatory Service Bulletin A300-57-
6099, dated February 23, 2005; for the replacement in paragraph (f) of
the NPRM. The replacement procedures specified in Revision 01 of these
service bulletins are identical to those in the original issue of these
service bulletins.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM.

Request To Revise the Applicability

    Airbus requests that modification 19578 be removed from Table 1 in
the NPRM because this modification applies to the A300F4-608ST model
only. This model is not included on any U.S.-type certificate and is
not referenced in paragraph (c) of the NPRM.
    We agree. Airbus Model A300F4-608ST is not included on any U.S.-
type certificate; therefore, we have removed the reference to the
modification for this model from Table 1 of this AD.

Request for Revising Requirements

    The Air Transport Association (ATA), on behalf of its member
American Airlines (AA), requests that paragraph (g) of the NPRM be
revised to coincide with the requirements of paragraph (k) of the NPRM.
AA finds that paragraphs (g) and (k) of the NPRM require similar
actions.
    AA states that paragraph (g) of the NPRM would require changes to
the FAA-approved maintenance program; specifically, changes to select
AMM chapters are required, with a mandate to replace broken yoke
fittings with new steel or aluminum parts. AA states that these AMM
chapters are cited by both page block and date. AA states that
paragraph (k) of the NPRM would similarly require changes to the
maintenance program, and also would mandate changes to AMM sections;
however, in paragraph (k) of the NPRM, specific revision dates of the
AMM sections in question are not discussed. AA states that furthermore,
paragraph (k) of the NPRM would require that a broken yoke be replaced
with only a new steel part; paragraph (g) of the NPRM would authorize
the use of an aluminum part. AA states that the requirements of
paragraph (k) of the NPRM include the updated requirement to use only
the steel yoke as a replacement. AA also states that paragraph (k) of
the NPRM, unlike paragraph (g) of the NPRM, does not cite specific
revision dates, allowing operators necessary latitude for incorporating
future AMM revisions.
    We find that clarification is necessary. Paragraph (g) of this
final rule restates the requirements from superseded AD 2007-03-09, and
paragraph (l) of this final rule (referred to as paragraph (k) in the
NPRM) provides the new requirements. Performing the actions in
paragraph (l) of this AD terminates the requirements of paragraph (g)
of this AD. However, the requirements of paragraph (g) of this AD must
be retained to ensure that applicable requirements of this AD are done.
Paragraph (g) of this final rule states that the actions must be
accomplished in accordance with the service information; therefore that
service information contains specific revision numbers and dates.
Paragraph (k) provides additional information; therefore, that
information does not contain specific dates.
    We have clarified paragraphs (g) and (l) of this AD to specify the
actions are to be done in accordance with a method approved by the FAA
or Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) or
European Aviation Safety Agency (EASA). Also, we have added Notes 2 and
4 of this final rule to specify where the information pertaining to the
replacement and inspection procedures can be found.

Request for Alternative Replacement Procedures

    The ATA, on behalf of its member AA, requests that the yoke
replacement not be limited to the accomplishment procedures contained
in Airbus Mandatory Service Bulletin A300-57-6099. AA requests that
alternative replacement procedures be incorporated into the final rule.
    We disagree. We find that the procedures included Airbus Mandatory
Service Bulletin A300-57-6099 provide an adequate level of safety.
However, we have no evidence that any alternative procedures not
included in that service bulletin would provide an adequate level of
safety. An operator may apply for approval of an alternative method of
compliance (AMOC) in accordance with the procedures outlined in
paragraph (m) of this AD. We have not changed the final rule regarding
this issue.

Explanation of Changes to Paragraphs (g) and (l) of This AD and
Additions of Note 2 and Note 4 in This AD

    We have revised paragraphs (g) and (l) of this AD and have added
Note 2 and Note 4 to this AD to clarify the requirements of those
paragraphs. The revised paragraphs (g) and (l) specify the actions are
to be done in accordance with a method approved by the FAA. However, we
have added Notes 2 and 4 to specify where information pertaining to the
replacement and inspection procedures can be found. We have also moved
Note 1 to the applicability section.

Conclusion

    We have carefully reviewed the available data, including the
comments that have been received, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators
to comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
                  Action                      Work hours     Average labor              Parts                Cost per       registered      Fleet cost
                                                             rate per hour                                   airplane        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Replacement...............................              14             $80  $470........................          $1,590             205        $325,950
Revision of FAA-approved maintenance                     1              80  None........................              80             205          16,400
 program.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In consideration of the compliance time and effective date for
accomplishing the replacement and revision of the FAA-approved
maintenance program required by AD 2007-03-09 (retained in paragraphs
(f) and (g) of this AD), we assume that operators of the affected
airplanes have already initiated the required actions. The AD adds no
new costs associated with those airplanes.

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-14920 (72 FR 5157, February 5, 2007) and by
adding the following new airworthiness directive (AD):

2009-12-02 Airbus: Amendment 39-15925. Docket No. FAA-2008-1082;
Directorate Identifier 2007-NM-337-AD.

Effective Date

    (a) This AD becomes effective July 24, 2009.

Affected ADs

    (b) This AD supersedes AD 2007-03-09.

Applicability

    (c) This AD applies to all Model A300 airplanes; Model A300 B4-
601, B4-603, B4-620, B4-622, B4-605R, B4-622R, F4-605R, F4-622R, and
C4-605R Variant F airplanes; and Model A310 airplanes, certificated
in any category.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the

inspections described in the revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator must request approval for an
alternative method of compliance according to paragraph (m) of this
AD. The request should include a description of changes to the
required inspections that will ensure the continued damage tolerance
of the affected structure. The FAA has provided guidance for this
determination in Advisory Circular (AC) 25-1529-1.

Unsafe Condition

    (d) This AD results from a report that an additional swivel
coupling of the ram air turbine (RAT) yoke fitting was found cracked
while accomplishing the requirements of the existing AD. We are
issuing this AD to prevent misrigging of the ejection jack of the
RAT and to ensure removal of any RAT yoke fitting made from aluminum
material. Such conditions could result in a broken or cracked swivel
coupling and consequent failure of the RAT yoke fitting, which could
result in the loss of RAT function and possible loss of critical
flight control systems in the event of certain emergency situations.

Compliance

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

Certain Requirements of AD 2007-03-09

Replacement

    (f) For Model A300 airplanes, Model A300-600 series airplanes,
and Model A310 airplanes equipped with Dowty Rotol RATs, except
airplanes on which Airbus Modification 12986 has been done: Within
12 months after March 12, 2007 (the effective date of AD 2007-03-
09), replace the RAT swivel coupling fork fitting with a new steel
fitting, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A300-57-0244, dated March 4, 2005, or Airbus
Mandatory Service Bulletin A300-57-0244, Revision 02, dated November
19, 2007 (for Model A300 airplanes); Airbus Service Bulletin A300-
57-6099, dated February 23, 2005, or Airbus Mandatory Service
Bulletin A300-57-6099, Revision 01, dated September 3, 2007 (for
Model A300-600 series airplanes); or Airbus Service Bulletin A310-
57-2086, dated March 1, 2005, or Airbus Mandatory Service Bulletin
A310-57-2086, Revision 01, dated September 3, 2007 (for Model A310
airplanes); except as provided by paragraph (h) of this AD.

Revisions of FAA-Approved Maintenance Program

    (g) For all airplanes: Within 3 months after March 12, 2007,
incorporate information into the FAA-approved maintenance program to
specify an inspection for breaks of the bottom flange of the RAT
swivel coupling yoke fitting after each RAT retraction; and
replacement of the RAT swivel coupling yoke fitting with a new
aluminum or steel part as applicable; in accordance with a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the Direction G[eacute]n[eacute]rale
de l'Aviation Civile (or its delegated agent); or the European
Aviation Safety Agency (or its delegated agent). Thereafter, except
as provided by paragraphs (l) and (m) of this AD, no alternative
inspection intervals may be approved for the bottom flange of the
RAT swivel coupling yoke fitting.

    Note 2: Guidance on the inspection and replacement procedures
specified in paragraph (g) of this AD can be found in these
documents as applicable:
     Airbus A300-600 Aircraft Maintenance Manual (AMM),
Chapter 29-25-00, Page Block 301, dated June 1, 2005.
     Airbus A310 AMM, Chapter 29-25-00, Page Block 301,
dated June 1, 2005.
     Airbus A300 AMM Chapter 29-25-00, Page Block 301, dated
March 1, 2006.

    Note 3: After revising the maintenance program to include the
required periodic inspections according to paragraph (g) or (l) of
this AD, operators do not need to make a maintenance log entry to
show compliance with this AD every time those inspections are
accomplished thereafter.

New Requirements of This AD

Revised Service Bulletins

    (h) As of the effective date of this AD, use only the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A310-57-2086, Revision 01, dated September 3, 2007 (for Model A310
series airplanes); Airbus Mandatory Service Bulletin A300-57-6099,
Revision 01, dated September 3, 2007 (for Model A300-600 series
airplanes); or Airbus Mandatory Service Bulletin A300-57-0244,
Revision 02, dated November 19, 2007 (for Model A300 airplanes), to
do the replacement required by paragraph (f) of this AD.

Replacement

    (i) For airplanes identified in Table 1 of this AD: Before 102
months since first flight, or within 12 months after the effective
date of this AD, whichever occurs later, replace the aluminum yoke
fitting of the swivel coupling of the RAT with a new steel yoke
fitting, in accordance with the Accomplishment Instructions of
Airbus Mandatory Service Bulletin A310-57-2086, Revision 01, dated
September 3, 2007 (for Model A310 series airplanes); or Airbus
Mandatory Service Bulletin A300-57-6099, Revision 01, dated
September 3, 2007 (for Model A300-600 series airplanes).

Table 1--Airplanes Affected by the Requirements of Paragraph (i) of This
                                   AD
------------------------------------------------------------------------
                                Except for those
           Model--            airplanes on which--      Or on which--
------------------------------------------------------------------------
(1) A310 series airplanes     Airbus Modification   Airbus Service
 equipped with Hamilton        12986 has been done   Bulletin
 Sundstrand RAT.               in production.        A310[dash]57[dash]2
                                                     086, dated March 1,
                                                     2005; or Airbus
                                                     Mandatory Service
                                                     Bulletin
                                                     A310[dash]57[dash]2
                                                     086, Revision 01,
                                                     dated September 3,
                                                     2007; has been done
                                                     in service.
(2) A300-600 series           Airbus Modification   Airbus Service
 airplanes equipped with       12986 has been done   Bulletin
 Hamilton Sundstrand RAT.      in production.        A300[dash]57[dash]6
                                                     099, dated February
                                                     23, 2005; or Airbus
                                                     Mandatory Service
                                                     Bulletin
                                                     A300[dash]57[dash]6
                                                     099, Revision 01,
                                                     dated September 3,
                                                     2007; has been done
                                                     in service.
------------------------------------------------------------------------

Credit for Actions Performed According to Previous Service Bulletins

    (j) Replacements done before the effective date of this AD in
accordance with Airbus Service Bulletin A310-57-2086, dated March 1,
2005 (for Model A310 series airplanes); or Airbus Service Bulletin
A300-57-6099, dated February 23, 2005 (for Model A300-600 series
airplanes); are acceptable for compliance with the requirements of
paragraph (i) of this AD.
    (k) Replacements done before the effective date of this AD in
accordance with Airbus Service Bulletin A300-57-0244, Revision 01,
dated September 3, 2007 (for Model A300 airplanes), are acceptable
for compliance with the requirements of paragraph (f) of this AD for
the affected airplanes.

Revision of FAA-Approved Maintenance Program

    (l) For all airplanes: Within 3 months after the effective date
of this AD, incorporate information into the FAA-approved
maintenance program to specify an inspection for breaks of the
bottom flange of the RAT swivel coupling yoke fitting after each RAT
retraction; and replacement of the RAT swivel coupling yoke fitting
with a new steel part; in accordance with a method approved by the
Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or European Aviation Safety Agency (or its
delegated agent). Thereafter, except as provided by paragraph (m) of
this AD, no alternative inspection intervals may be approved for the
bottom flange of the RAT swivel coupling yoke fitting. Accomplishing
this incorporation

terminates the requirements of paragraph (g) of this AD.

    Note 4: Guidance on the inspection and replacement procedures
specified in paragraph (l) of this AD can be found in these
documents as applicable:
     Airbus A300-600 AMM, Chapter 29-25-00, Page Block 301.
     Airbus A310 AMM, Chapter 29-25-00, Page Block 301.
     Airbus A300 AMM Chapter 29-25-00, Page Block 301.

Alternative Methods of Compliance (AMOCs)

    (m) The Manager, International Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. Send information to ATTN: Vladimir Ulyanov,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your principal maintenance inspector (PMI) or principal
avionics inspector (PAI), as appropriate, or lacking a principal
inspector, your local Flight Standards District Office. The AMOC
approval letter must specifically reference this AD.

Related Information

    (n) European Aviation Safety Agency (EASA) airworthiness
directive 2007-0273, dated October 23, 2007, and French
airworthiness directive F-2005-089, dated June 8, 2005, also address
the subject of this AD.

Material Incorporated by Reference

    (o) You must use the service information contained in Table 2 of
this AD to do the actions required by this AD, as applicable, unless
the AD specifies otherwise.

                                   Table 2--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                    Document                        Revision                           Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A300-57-0244.              02  November 19, 2007.
Airbus Mandatory Service Bulletin A300-57-6099.              01  September 3, 2007.
Airbus Mandatory Service Bulletin A310-57-2086.              01  September 3, 2007.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; e-mail<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>, or
go to: http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.

    Issued in Renton, Washington, on May 20, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-13146 Filed 6-18-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Rules and Regulations]
[Pages 41911-41913]
[FR Doc No: 2012-17316]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0368]
RIN 1625-AA00

Safety Zone, Atlantic Intracoastal Waterway; Wrightsville Beach,
NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Atlantic Intracoastal Waterway at Wrightsville Beach,
North Carolina. The safety zone will temporarily restrict vessel
movement commencing Sept 1, 2012. The safety zone is necessary to
provide for the safety of mariners on navigable waters during
maintenance on the U.S. 74/76 Bascule Bridge crossing the Atlantic
Intracoastal Waterway, mile 283.1, at Wrightsville Beach, North
Carolina.

DATES: This rule is effective from September 1, 2012 until May 1, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0368]. To view documents mentioned in this preamble as being
available in the docket, go to http://

www.regulations.gov, type the docket number in the ``SEARCH'' box and
click ``SEARCH.'' Click on Open Docket Folder on the line associated
with this rulemaking. You may also visit the Docket Management Facility
in Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email CWO4 Joseph M. Edge, U.S. Coast Guard Sector North
Carolina; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you
have questions on viewing or submitting material to the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone (202)
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On May 23, 2012 a Notice of Proposed Rule Making (NPRM) was
published in the Federal Register (77 FR 30445). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.

B. Basis and Purpose

    North Carolina Department of Transportation has awarded a contract
to American Bridge Company of Coraopolis, PA to perform bridge
maintenance on the U.S. 74/76 Bascule Bridge crossing the Atlantic
Intracoastal Waterway, mile 283.1, at Wrightsville Beach, North
Carolina. The contract provides for cleaning, painting, steel repair,
and grid floor replacement to commence on September 1, 2012 with a
completion date of May 1, 2013. The contractor will utilize a 40 foot
deck barge with a 40 foot beam as a work platform and for equipment
staging. This safety zone will provide a safety buffer to transiting
vessels as bridge repairs present potential hazards to mariners and
property due to reduced horizontal clearance. During this period the
Coast Guard will require a one hour notification to the U.S. 74/76
Bascule Bridge tender at the Atlantic Intracoastal Waterway crossing,
mile 283.1, Wrightsville Beach, North Carolina. The bridge notification
requirement will apply during the maintenance period for vessels
requiring a horizontal clearance of greater than 50 feet.

C. Discussion of Comments, Changes and the Final Rule

    We received no comments on the proposed rule. No public meeting was
requested, and none was held.
    The temporary safety zone will encompass the waters directly under
and 100 yards either side of the U.S. 74/76 Bascule Bridge crossing the
Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville Beach,
North Carolina (34[deg]13'07'' N, 077[deg]48'46'' W). All vessels
transiting this section of the waterway requiring a horizontal
clearance of greater than 50 feet will be required to make a one hour
advanced notification to the U.S. 74/76 Bascule Bridge tender while the
safety zone is in effect. This zone will be in effect from 8 a.m.
September 1, 2012 through 8 p.m. May 1, 2013

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule does not
restrict traffic from transiting a portion of the Atlantic Intracoastal
Waterway, it imposes a one hour notification to ensure the waterway is
clear of impediment to allow passage to vessels requiring a horizontal
clearance of greater than 50 feet.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule would affect the following entities, some of
which may be small entities: The owners or operators of commercial tug
and barge companies, recreational and commercial fishing vessels
intending to transit the specified portion of Atlantic Intracoastal
Waterway from 8 a.m. September 1, 2012 through 8 p.m. May 1, 2013.
    This safety zone will not have a significant economic impact on a
substantial number of small entities. Before the effective period, the
Coast Guard will issue maritime advisories widely available to the
users of the waterway. In addition, vessel traffic will be able to
request passage by providing a one hour advanced notification.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the

person listed in the FOR FURTHER INFORMATION CONTACT section to
coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places or
vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a temporary safety
zone. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T05-0368 to read as follows:

Sec.  165.T05-0368  Safety Zone; Atlantic Intracoastal Waterway,
Wrightsville Beach, NC.

    (a) Regulated Area. The following area is a safety zone: This zone
includes the waters directly under and 100 yards either side of the
U.S. 74/76 Bascule Bridge crossing the Atlantic Intracoastal Waterway,
mile 283.1, at Wrightsville Beach, North Carolina (34[deg]13'07'' N/
077[deg]48'46'' W).
    (b) Regulations. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this temporary section,
Sec.  165.T05-0368. In addition the following regulations apply:
    (1) All vessels and persons are prohibited from entering this zone,
except as authorized by the Coast Guard Captain of the Port North
Carolina.
    (2) All vessels requiring greater than 50 feet horizontal clearance
to safely transit through the U.S. 74/76 Bascule Bridge crossing the
Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville Beach,
North Carolina must contact the bridge tender on VHF-FM marine band
radio channels 13 and 16 one hour in advance of intended transit.
    (3) Persons or vessels requiring entry into or passage within the
zone must request authorization from the Captain of the Port North
Carolina or his designated representative by telephone at (910) 343-
3882 or on VHF-FM marine band radio channel 16.
    (4) All Coast Guard assets enforcing this safety zone can be
contacted on VHF-FM marine band radio channels 13 and 16.
    (5) The operator of any vessel within or in the immediate vicinity
of this safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on board a vessel displaying a
Coast Guard Ensign, and
    (ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a Coast Guard Ensign.
    (c) Definitions. (1) Captain of the Port North Carolina means the
Commander, Coast Guard Sector North Carolina or any Coast Guard
commissioned, warrant or petty officer who has been authorized by the
Captain of the Port to act on his behalf.
    (2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port North Carolina to assist in enforcing the safety zone described in
paragraph (a) of this section.
    (d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State and local agencies in the patrol and enforcement of the zone.
    (e) Enforcement period. This section will be enforced from 8 a.m.
September 1, 2012 through 8 p.m. May 1, 2013 unless cancelled earlier
by the Captain of the Port.

    Dated: June 29, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2012-17316 Filed 7-16-12; 8:45 am]
BILLING CODE 9110-04-P


ENERGY STAR(R) Certification Spot Audit: Instructions

EPA is performing audits on applications for ENERGY STAR certification to ensure that all reported values submitted during the application process have been accurately entered in Portfolio Manager(R). Your application has been randomly selected for an audit and will be processed alongside the information you provide in this audit document. The status of your application is contingent on the approval of all entries in your application and audit.

As part of the audit process, EPA is requesting that you provide detailed explanations and/or documentation for each of the following application sections:

-  Property Information - provide a description of your property along with details from your site visit -  Indoor Environmental Standards - provide a detailed description of the approaches used to verify indoor environmental standards. Refer to the Guide for Licensed Professionals for More Information.  http://www.energystar.gov/buildings/tools-and-resources/energy-star-guide-licensed-professionals -  Total Building Energy Use - explain what fuel types are being used at the property and provide the 12 months of utility bills that were included in the application for each meter. -  Property Use Details - provide an explanation of how values were determined for all property use details, along with supporting documentation as appropriate and available.

When reviewing this audit documentation, EPA is looking for both an explanation of how all values were confirmed during the site visit as well as proof that the applicant and LP understand Portfolio Manager definitions and policies.

Please complete this audit document by XX/XX/201X in order to avoid delays in the processing of this application. If you have any questions while completing the form, please send them to<EMAIL_ADDRESS>

Attachments: Please list the supporting documents that you have included as part of this audit in the space below. 12 months of utility bills for each meter used at the property are required. Optional attachments may include photographs, building drawings or any other materials that will help EPA verify the values submitted as part of the application. Click here to enter text.

Property Information    Property Name:  Click here to enter text.    Street Address:    Click here to enter text.        Portfolio Manager Property ID:  Click here to enter text.    Primary Property Type:  Click here to enter text.                                                                                City, State, Zip:       Application Tracking Number:  Click here to enter text.     Property Description --------------------------------------------------------------------------------    Please describe the main uses and occupants/tenants at the property, major energy using systems, property features, and any other pertinent information. Please also confirm that the Primary Property Type listed above matches EPA's definition for that property type. For example, in order for a property to be correctly classified as Retail, its Gross Floor Area must be greater than 5,000 sq. ft. and it must have at least one exterior entrance to the public. --------------------------------------------------------------------------------          --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------     --------------------------------------------------------------------------------        Link to property website (if available):  Click here to enter text.    Link to property image on a satellite map (if available):  Click here to enter text.        Does this application represent the entire property? If any spaces or structures have been excluded, please explain here:

Site Visit Date(s) of the site visit:  Click here to enter text. Who conducted the site visit (name, organization, title): Click here to enter text. Did any edits need to be made to the application following the site visit (Yes/No)?  Click here to enter text. If yes, please explain the edits that were made:

 Indoor Environmental Standards

 Ventilation for Acceptable Indoor Air Quality     Please explain how you verified that this property meets the most recent ASHRAE Standard 62 for ventilation for acceptable indoor air quality:     Click here to enter text.

   Acceptable Thermal Environmental Conditions       Please explain how you verified that this property meets acceptable thermal environmental conditions as established by ANSI/ASHRAE Standard 55 "Thermal Environmental Conditions for Human Occupancy":       Click here to enter text.                             While conducting the site visit, did you observe any indications of thermal discomfort such as personal fans, space heaters, or altered thermostats? If yes, please explain below.       Click here to enter text.

 Adequate Illumination     Please explain how you verified that this property meets acceptable illumination levels in accordance to the luminance determination procedure of the Illuminating Engineering Society of North America (IESNA) Lighting Handbook.     Click here to enter text.

Energy Consumption Data     Please submit copies of twelve months of the utility bills reported in your ENERGY STAR application. You may use the checklist below to confirm that all meters have been included in the audit documentation.        Meter Name   Fuel Type                      12 months of Bills Provided (Yes/No)   Click here to enter text.   Click here to enter text.     Click here to enter text.   Click here to enter text.   Click here to enter text.     Click here to enter text.   Click here to enter text.   Click here to enter text.     Click here to enter text.   Click here to enter text.   Click here to enter text.     Click here to enter text.   Click here to enter text.   Click here to enter text.     Click here to enter text.   Click here to enter text.   Click here to enter text.     Click here to enter text.              IT Meter Name   Location                      12 months of Meter Readings (Yes/No)   Click here to enter text.   Click here to enter text.     Click here to enter text.   Click here to enter text.   Click here to enter text.     Click here to enter text.          How was it verified that all meters have been included in the application?     Click here to enter text.     If this application was for a property with multiple tenants and you do not have access to utility bills, please explain how the total energy usage of the property was determined and provide master meter readings or a calculated aggregate of all tenant meters.       Click here to enter text.

Office:  Office 1

Gross Floor Area

Reported Value: Click here to enter text.

How was this value verified? If the reported value changed during the 12-month application period, please explain why the value changed and how the previous value was verified.

Weekly Operating Hours

Reported Value: Click here to enter text.

How was this value verified? If the reported value changed during the 12-month application period, please explain why the value changed and how the previous value was verified. Click here to enter text.

Number of Computers

Reported Value: Click here to enter text.

How was this value verified? If the reported value changed during the 12-month application period, please explain why the value changed and how the previous value was verified.  Click here to enter text.

Office:  Office 1

Number of Workers on Main Shift

Reported Value: Click here to enter text.

How was this value verified? If the reported value changed during the 12-month application period, please explain why the value changed and how the previous value was verified.  Click here to enter text.

Percent That Can Be Heated

Reported Value: Click here to enter text.

How was this value verified? If the reported value changed during the 12-month application period, please explain why the value changed and how the previous value was verified.

Percent That Can Be Cooled

Reported Value: Click here to enter text.

How was this value verified? If the reported value changed during the 12-month application period, please explain why the value changed and how the previous value was verified.  Click here to enter text.

Data Center:  Third Floor Data Center

Gross Floor Area

Reported Value: Click here to enter text.

How was this value verified? If the reported value changed during the 12-month application period, please explain why the value changed and how the previous value was verified.

IT Energy Configuration

Reported Value: Click here to enter text.

How was this value verified? If the reported value changed during the 12-month application period, please explain why the value changed and how the previous value was verified.

IT Energy Meter Location

Where in the Data Center is the IT meter located? How was this verified? Click here to enter text.

Data Center:  Third Floor Data Center

IT Energy Included in Total Building Energy

Is the IT energy meter also included in the total building energy? How was this verified?

The public reporting and recordkeeping burden for this collection of information is estimated to average 1 to 2 hours per response.  Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.  Include the OMB control number in any correspondence.  Do not send the completed form to this address.


[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Rules and Regulations]
[Pages 86821-86822]
[FR Doc No: 2023-27588]

=======================================================================
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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 732, 734, 736, 740, 742, 744, 746, 748, 758, 770, 772,
and 774

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI94 and 0694-AJ23

Export Controls on Semiconductor Manufacturing Items;
Implementation of Additional Export Controls: Certain Advanced
Computing Items; Supercomputer and Semiconductor End Use; Updates and
Corrections; Extension of Comment Period

AGENCY: Bureau of Industry and Security, U.S. Department of Commerce.

ACTION:  Extension of comment period.

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SUMMARY: On October 25, 2023, the Bureau of Industry and Security (BIS)
published in the Federal Register the interim final rules (IFR),
``Export Controls on Semiconductor Manufacturing Items'' (SME IFR) and
``Implementation of Additional Export Controls: Certain Advanced
Computing Items; Supercomputer and Semiconductor End Use; Updates and
Corrections'' (AC/S IFR). This notification extends the deadline for
submission of written comments on both rules to January 17, 2024. BIS
is making this extension to allow commenters to have additional time to
review the interim final rules and to benefit from the significant
amount of public outreach that BIS is conducting on the rules prior to
preparing and submitting their comments on the IFRs.

DATES: The comment period for the interim final rules published on
October 25, 2023, at 88 FR 73424 and 88 FR 73458, is extended until
January 17, 2024.

ADDRESSES: Comments on the SME IFR and the AC/S IFRs may be submitted
to the Federal rulemaking portal (www.regulations.gov). The
regulations.gov IDs for these rules are:

 SME IFR: www.regulations.gov, docket number BIS-2023-0016
(ref. 0694-AJ23)
 AC/S IFR: www.regulations.gov, docket number BIS-2022-0025
(ref. 0694-AI94)

    All filers using the portal should use the name of the person or
entity submitting the comments as the name of their files. Anyone
submitting business confidential information should clearly identify
the business confidential portion of the submission at the time of
submission, file a statement justifying nondisclosure and referring to
the

specific legal authority claimed, and provide a non-confidential
version of the submission.
    For comments submitted electronically containing business
confidential information, the file name of the business confidential
version should begin with the characters ``BC.'' Any page containing
business confidential information must be clearly marked ``BUSINESS
CONFIDENTIAL'' on the top of that page. The corresponding non-
confidential version of those comments must be clearly marked
``PUBLIC.'' The file name of the non-confidential version should begin
with the character ``P.'' Any submissions with file names that do not
begin with either a ``BC'' or a ``P'' will be assumed to be public and
will be made publicly available through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For questions on the license
requirements in the interim final rules, contact Eileen Albanese,
Director, Office of National Security and Technology Transfer Controls,
Bureau of Industry and Security, Department of Commerce, Phone: (202)
482-0092, Fax: (202)<PHONE_NUMBER>, Email: [email protected]. For emails,
include ``Advanced computing controls'' or ``Semiconductor
manufacturing items control'' as applicable in the subject line.

SUPPLEMENTARY INFORMATION:

Background

    On October 17, 2023, BIS released two interim final rules (IFR):
``Export Controls on Semiconductor Manufacturing Items'' (SME IFR) (88
FR 73424, October 25, 2023) and ``Implementation of Additional Export
Controls: Certain Advanced Computing Items; Supercomputer and
Semiconductor End Use; Updates and Corrections'' (AC/S IFR) (88 FR
73458, October 25, 2023). The October 17 AC/S IFR and SME IFR included
a comment period deadline of December 18, 2023. The Department of
Commerce has determined at this time that the extension of the comment
period through January 17, 2024 is warranted to allow for commenters to
have additional time to review the interim final rules and to benefit
from the significant amount of public outreach that BIS is conducting
on the rules prior to preparing and submitting comments. This extension
notice specifies that comments may be submitted at any time but must be
received by January 17, 2024, to be considered.

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2023-27588 Filed 12-14-23; 8:45 am]
BILLING CODE 3510-33-P