[Federal Register: July 28, 2009 (Volume 74, Number 143)]
[Rules and Regulations]
[Page 37162-37163]
[DOCID:fr28jy09-3]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0187; Airspace Docket No. 09-ACE-3]

Amendment of Class E Airspace; Ankeny, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E airspace at Ankeny, IA.
Cancellation of NDB approaches at Ankeny Regional Airport has made it
necessary to reconfigure Class E airspace. Controlled airspace is
necessary to accommodate Area Navigation (RNAV) Standard Instrument
Approach Procedures (SIAP) at Ankeny Regional Airport, Ankeny, IA. The
FAA is taking this action to enhance the safety and management of
Instrument Flight Rule (IFR) operations at Ankeny Regional Airport.
This action also updates the geographic coordinates of the airport to
coincide with the FAA's National Aeronautical Charting Office.

DATES: Effective 0901 UTC, October 22, 2009. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On April 27, 2009, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace at Ankeny, IA,
reconfiguring controlled airspace at Ankeny Regional Airport, Ankeny,
IA. (74 FR 19029, Docket No. FAA-2009-0187). Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received. Class E
airspace designations are published in paragraphs 6002 and 6005 of FAA
Order 7400.9S signed October 3, 2008, and effective October 31, 2008,
which is incorporated by reference in 14 CFR Part 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order. Subsequent to publication, the

FAA found that the cite for the Class E2 airspace was omitted. With the
exception of editorial changes, and the changes described above, this
rule is the same as that proposed in the NPRM.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by amending Class E airspace at Ankeny, IA, reconfiguring
controlled airspace at Ankeny Regional Airport, Ankeny, IA, for the
safety and management of IFR operations. This action also updates the
geographic coordinates of the airport to coincide with the FAA's
National Aeronautical Charting Office. This rule also cites the correct
paragraph in which the Class E2 airspace is found in FAA Order 7400.9S.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (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) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Ankeny Regional Airport, Ankeny,
IA.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, signed October 3, 2008, and effective October 31,
2008, is amended as follows:

Paragraph 6002 Class E airspace designated as surface areas.

* * * * *

ACE IA E2 Ankeny, IA [Amended]

Ankeny Regional Airport, IA
    (Lat. 41[deg]41'29'' N., long. 93[deg]33'59'' W.)

    Within a 4-mile radius of Ankeny Regional Airport, excluding
that portion within the Des Moines Class C airspace area.
* * * * *

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

ACE IA E5 Ankeny, IA [Amended]

Ankeny Regional Airport, IA
    (Lat. 41[deg]41'29'' N., long. 93[deg]33'59'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.1-mile radius of Ankeny Regional Airport, and within 2
miles each side of the 045[deg] bearing from the airport extending
from the 7.1-mile radius to 9.3 miles northeast of the airport, and
within 2 miles each side of the 012[deg] bearing from the airport
extending from the 7.1-mile radius to 11.1 miles north of the
airport, excluding that portion within the Des Moines Class C
airspace area.
* * * * *

    Issued in Fort Worth, Texas, on July 16, 2009.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-17863 Filed 7-27-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Proposed Rules]
[Pages 48835-48838]
[FR Doc No: 2013-19462]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0686; Directorate Identifier 2013-NM-006-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede airworthiness directive (AD) 2007-16-
19, which applies to certain The Boeing Company Model 747-200B, 747-
300, and 747-400 series airplanes. AD 2007-16-19 requires repetitive
detailed inspections for cracking of the aft tension tie channels from
body station (BS) 1120 to BS 1220 and from BS 880 to BS 1100, and
corrective actions if necessary, and optional terminating action. Since
we issued that AD, analysis has indicated the need to mandate the
previously optional modification. This proposed AD would retain the
existing requirements, limit the area of the detailed inspection, add
repetitive surface high-frequency eddy current inspections, and mandate
the previously optional terminating action. We are proposing this AD to
prevent fatigue cracking of the tension ties, which could result in
reduced structural integrity of the airplane and rapid depressurization
of the airplane.

DATES: We must receive comments on this proposed AD by September 26,
2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

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

FOR FURTHER INFORMATION CONTACT: Bill Ashforth, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-
917-6432; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0686;
Directorate Identifier 2013-NM-006-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because 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 we
receive about this proposed AD.

Discussion

    On August 2, 2007, we issued AD 2007-16-19, Amendment 39-15158 (72
FR 45151, August 13, 2007), for certain The Boeing Company Model 747-
200B, 747-300, and 747-400 series airplanes. AD 2007-16-19 requires
repetitive detailed inspections for cracking of the aft tension tie
channels from body station (BS) 1120 to BS 1220 and from BS 880 to BS
1100, and corrective actions if necessary. AD 2007-16-19 was prompted
by cracks found in the aft tension tie channels at four station
locations on a Model 747-200B series airplane that had been modified to
a special freighter. We issued AD 2007-16-19 to detect and correct
cracking of the aft tension tie channels; failure of more than one
tension tie could result in rapid depressurization of the airplane.

WFD (Widespread Fatigue Damage) Program

    Structural fatigue damage is progressive. It begins as minute
cracks, and those cracks grow under the action of repeated stresses.
This can happen because of normal operational conditions and design
attributes, or because of isolated situations or incidents such as
material defects, poor fabrication quality, or corrosion pits, dings,
or scratches. Fatigue damage can occur locally, in small areas or
structural design details, or globally. Global fatigue damage is
general degradation of large areas of structure with similar structural
details and stress levels. Multiple-site damage is global damage that
occurs in a large structural element such as a single rivet line of a
lap splice joining two large skin panels. Global damage can also occur
in multiple elements such as adjacent frames or stringers. Multiple-
site-damage and multiple-element-damage cracks are typically too small
initially to be reliably detected with normal inspection methods.
Without intervention, these cracks will grow, and eventually compromise
the structural integrity of the airplane, in a condition known as
widespread fatigue damage (WFD). As an airplane ages, WFD will likely
occur, and will certainly occur if the airplane is operated long enough
without any intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that design
approval holders establish a limit of validity (LOV) of the engineering
data that support the structural maintenance program. Operators
affected by the WFD rule may not fly an airplane beyond its LOV, unless
an extended LOV is approved.

    The WFD rule (75 FR 69746, November 15, 2010) does not require
identifying and developing maintenance actions if the DAHs can show
that such actions are not necessary to prevent WFD before the airplane
reaches the LOV. Many LOVs, however, do depend on accomplishment of
future maintenance actions. As stated in the WFD rule, any maintenance
actions necessary to reach the LOV will be mandated by airworthiness
directives through separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.

Actions Since AD 2007-16-19, Amendment 39-15158 (72 FR 45151, August
13, 2007) Was Issued

    AD 2007-16-19, Amendment 39-15158 (72 FR 45151, August 13, 2007),
provides a terminating modification as an option. We have determined
that it is necessary to mandate this modification to adequately address
the identified unsafe condition. We can better ensure long-term
continued operational safety by design changes to remove the source of
the problem, rather than by repetitive inspections. Long-term
inspections may not provide the degree of safety necessary for the
transport airplane fleet. This determination, along with a better
understanding of the human factors associated with numerous continual
inspections, has led us to consider placing less emphasis on
inspections and more emphasis on design improvements. The proposed
modification requirement is consistent with these conditions.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 747-53A2610, Revision 1,
dated December 4, 2012. For information on the procedures and
compliance times, see this service information at http://www.regulations.gov by searching for Docket No. FAA-2013-0686.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2007-16-19, Amendment 39-15158 (72 FR 45151, August
13, 2007), this proposed AD would retain all of the requirements of AD
2007-16-19. Those requirements are referenced in the service
information identified previously, which, in turn, is referenced in
paragraph (g) of this proposed AD. Also, this proposed AD would limit
the area of the existing detailed inspection required by AD 2007-16-19,
add repetitive surface high-frequency eddy current inspections, and
mandate the previously optional terminating action.
    The phrase ``related investigative actions'' is used in this
proposed AD. ``Related investigative actions'' are follow-on actions
that (1) are related to the primary actions, and (2) further
investigate the nature of any condition found. Related investigative
actions in an AD could include, for example, inspections.
    In addition, the phrase ``corrective actions'' is used in this
proposed AD. ``Corrective actions'' are actions that correct or address
any condition found. Corrective actions in an AD could include, for
example, repairs.

Difference Between Proposed AD and Service Information

    Boeing Alert Service Bulletin 747-53A2610, Revision 1, dated
December 4, 2012, specifies to contact the manufacturer for
instructions on how to repair certain conditions, but this proposed AD
would require repairing those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD affects 1 airplane of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained detailed inspection       4 work-hours x $85               $0  $340 per inspection  $340 per inspection
 (retained actions.                 per hour = $340                      cycle.               cycle.
                                    per inspection
                                    cycle.
New proposed surface high-         4 work-hours x $85                0  $340 per inspection  $340 per inspection
 frequency eddy current             per hour = $340                      cycle.               cycle.
 inspection.                        per inspection
                                    cycle.
New proposed modification........  64 work-hours x $85          14,948  $20,388............  $20,388.
                                    per hour = $5,440.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
work-hour estimates for repair of cracks found in a bolt hole during
the detailed inspection specified in this proposed AD. The cost for
parts (oversized fastener kit) for this condition is $2,292.

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 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) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2007-16-19, Amendment 39-15158 (72 FR 45151, August 13, 2007), and
adding the following new AD:

The Boeing Company: Docket No. FAA-2013-0686; Directorate Identifier
2013-NM-006-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by September 26,
2013.

(b) Affected ADs

    This AD supersedes AD 2007-16-19, Amendment 39-15158 (72 FR
45151, August 13, 2007). Certain requirements of AD 2012-15-13,
Amendment 39-17142 (77 FR 47267, August 8, 2012), affect certain
requirements of this AD.

(c) Applicability

    This AD applies to The Boeing Company Model 747-200B, 747-300,
and 747-400 series airplanes, certificated in any category, as
identified in Boeing Alert Service Bulletin 747-53A2610, Revision 1,
dated December 4, 2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder (DAH) indicating that the tension ties are subject to
widespread fatigue damage (WFD). We are issuing this AD to prevent
fatigue cracking of the tension ties, which could result in reduced
structural integrity of the airplane and rapid depressurization of
the airplane.

(f) Compliance

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

(g) Repetitive Inspections

    At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2610,
Revision 1, dated December 4, 2012, except as specified in paragraph
(i) of this AD: Do detailed and surface high-frequency eddy current
inspections for cracks in the tension ties at body stations (STAs)
880 to 1100, 1120, 1160, 1200, and 1220, and do all applicable
corrective actions, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2610, Revision
1, dated December 4, 2012, except as required by paragraph (i)(3) of
this AD. Do all applicable corrective actions before further flight.
Repeat the inspections thereafter at the applicable time specified
in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-53A2610, Revision 1, dated December 4, 2012, until the tension
ties have been modified as required by paragraph (h) of this AD.
Repair or modification of a tension tie at any location in
accordance with Part 3 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-53A2610, Revision 1, dated December 4,
2012, terminates the repetitive inspection requirements of this AD
for that tension tie location only.

(h) Tension Tie Modification

    At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2610,
Revision 1, dated December 4, 2012, except as specified in paragraph
(i) of this AD: Modify the tension ties from STA 880 to 1100, and do
all applicable related investigative and corrective actions, in
accordance with Part 3 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-53A2610, Revision 1, dated December 4,
2012, except as required by paragraph (i)(3) of this AD. Do all
applicable related investigative and corrective actions before
further flight. Modification of all tension ties at the body
stations specified in Part 3 of the Accomplishment Instructions of
Boeing Alert Service Bulletin 747-53A2610, Revision 1, dated
December 4, 2012, terminates the repetitive inspection requirements
of this AD. Modification of a tension tie at STA 1120 to 1220, as
required by paragraph (p) of AD 2012-15-13, Amendment 39-17142 (77
FR 47267, August 8, 2012), is acceptable for compliance with the
requirements of paragraph (h) of this AD for that tension tie
location only.

(i) Service Information Clarification and Exceptions

    (1) Paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 747-53A2610, Revision 1, dated December 4, 2012, specifies
certain compliance times ``after August 28, 2007.'' August 28, 2007,
is the effective date of AD 2007-16-19, Amendment 39-15158 (72 FR
45151, August 13, 2007).
    (2) Where Boeing Alert Service Bulletin 747-53A2610, Revision 1,
dated December 4, 2012, specifies a compliance time ``after the
Revision 1 date of this service bulletin,'' this AD requires
compliance within the specified time after the effective date of
this AD.
    (3) Where Boeing Alert Service Bulletin 747-53A2610, Revision 1,
dated December 4, 2012, specifies to contact Boeing for certain
repair instructions: Repair before further flight using a method
approved in accordance with the procedures specified in paragraph
(k) of this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for the detailed inspections,
repairs, and modification specified in paragraphs (g) and (h) of
this AD, for that affected tension tie location only, if those
actions were performed before the effective date of this AD using
Boeing Alert Service Bulletin 747-53A2610, dated May 10, 2007 (which
is not incorporated by reference in this AD).

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved previously in accordance with AD 2007-16-19,
Amendment 39-15158 (72 FR 45151, August 13, 2007), are approved as
AMOCs for the corresponding provisions of this AD.

(l) Related Information

    (1) For more information about this AD, contact Bill Ashforth,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington
98057-

3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on August 1, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-19462 Filed 8-9-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Notices]
[Pages 18958-18960]
[FR Doc No: 2017-08159]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2017-0002-N-9]

Proposed Agency Information Collection Activities; Comment
Request: Cab Technology Integration Lab (CTIL) Head-up Display Survey

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice and comment request.

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

SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA), this notice
announces that FRA is forwarding the new Information Collection Request
(ICR) abstracted below to the Office of Management and Budget (OMB) for
review and comment. The ICR describes the information collection and
its expected burden. On November 2, 2016, FRA published a notice
providing a 60-day period for public comment on the ICR.

DATES: Comments must be submitted on or before May 24, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information
Collection Clearance Officer, Office of Railroad Safety, Regulatory
Analysis Division, RRS-21, Federal Railroad Administration, 1200 New
Jersey Avenue SE., Mail Stop 25, Washington, DC 20590 (Telephone: (202)
493-6292); or Ms. Kim Toone, Information Collection Clearance Officer,
Office of Administration, Office of Information Technology, RAD-20,
Federal Railroad Administration, 1200 New Jersey Avenue SE., Mail Stop
35, Washington, DC 20590 (Telephone:<PHONE_NUMBER>). (These telephone
numbers are not toll free.)

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
issue two notices seeking public comment on information collection
activities before OMB may approve paperwork packages. 44 U.S.C. 3506,
3507; 5 CFR 1320.5, 1320.8(d)(1), and 1320.12. On November 2, 2016, FRA
published a 60-day notice in the Federal Register soliciting comment on
the ICR for which it is now seeking OMB approval. See 81 FR 76411. FRA
received three comments in response to this notice.
    Comments were received from the Brotherhood of Locomotive Engineers
and Trainmen (BLET), the SMART Transportation Division (SMART-TD), and
the Association of American Railroads (AAR). FRA has contacted all
three organizations to address any comments and concerns, and will be
working with these organizations to help facilitate the research study.
All three commenting organizations were open to participation in the
design or execution of the study.

BLET's Summary of Recommendations/Concerns

     BLET is supportive of FRA's efforts to study distraction,
and suggests getting feedback from locomotive engineers as a method to
gauge the degree of distraction that exists within the locomotive cab;
     BLET is concerned the FRA study is limited to the craft of
locomotive engineer; and
     BLET is also concerned the FRA study is not addressing
other sources of distraction, such as Trip Optimizer or Leader. BLET
encourages FRA to follow up with a study that captures Trip Optimizer
or Leader experiences in conjunction with the other potential
distractors.

FRA Responses

     FRA will seek feedback from multiple locomotive engineers

throughout the course of the study, including but not limited to: The
design of the study; execution of the study; and the analysis of the
results;
     FRA will consider conducting a follow-on study related to
cab distraction and its impact on crew-interaction; and
     FRA acknowledges this study will not address any
potentially distracting effects from Trip Optimizer or Leader. FRA has
conducted prior studies of Trip Optimizer and continues to investigate
Trip Optimizer and Leader systems' safety-related issues as they are
brought to FRA's attention.

SMART TD's Summary of Recommendations/Concerns

     SMART-TD is concerned the Head-Up Display (HUD) will be
another electronic device that takes crew members' eyes off the tracks;
and
     SMART-TD recommends the following alternative ways to deal
with in-cab distractions: Issuing train crew size rules; limiting
access by others to radio channels trains use; limiting use of defect
detectors; investigating distractive effects of Leader and Trip
Optimizer; and increasing implementation of positive train control
(PTC).

FRA Responses

     FRA will consider initiating future studies into other
potential in-cab issues. In the meantime, FRA is reviewing SMART-TD's
concerns and is working with the railroads to review their locomotive
engineer certification programs to ensure the programs include training
on Leader and Trip Optimizer systems or other new technology, if
utilized. Each railroad's certification program must address how the
railroad responds to changes such as the introduction of new
technology, new operating rule books, or significant changes in
operations--including alteration of the territory over which engineers
are authorized to operate. FRA has done, and will do further, onboard
observation inspections regarding Leader and Trip Optimizer
interaction.

AAR's Summary of Recommendations/Concerns

     AAR recommends their member railroads be included as
active participants in the design and execution of the study.

FRA Response

     FRA communicated with AAR after receiving its written
response to the 60-day Federal Register notice. FRA welcomes the
participation of the AAR's member railroads and believes such
participation will contribute to the validity of the study results. FRA
is currently working with AAR to arrange participation throughout the
study to address any concerns and answer any questions.
    Before OMB decides whether to approve the proposed collection of
information, it must provide 30 days for public comment. 44 U.S.C.
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or
disapprove paperwork packages between 30 and 60 days after the 30-day
notice is published. 44 U.S.C. 3507(b)-(c); 5 CFR 1320.12(d); see also
60 FR 44978, 44983, Aug. 29, 1995. OMB believes the 30-day notice
informs the regulated community to file relevant comments and affords
the agency adequate time to digest public comments before it renders a
decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should
submit their respective comments to OMB within 30 days of publication
to best ensure having their full effect. 5 CFR 1320.12(c); see also 60
FR 44983, Aug. 29, 1995.
    The summary below describes the ICR and its expected burden. FRA is
submitting the new request for clearance by OMB as the PRA requires.
    Title: Cab Technology Integration Lab (CTIL) Head-up Display
Survey.
    OMB Control Number: 2130--New.
    Abstract: FRA is proposing a study which will focus on locomotive
engineers. Distraction is a common problem in locomotive cabs and
preliminary research suggests the dispatch radio may have significant
effects on train crew workload and performance. There are generally two
categories of dispatcher-engineer communications. Some require
immediate action and should be provided in the usual manner (over the
radio). However, others do not require immediate action and could be
provided as a written message.
    FRA seeks to understand how the dispatch radio could potentially
lead to human-performance degradation for a locomotive engineer, and if
a HUD would be an alternative and superior technology to communicating
information usually conveyed over the dispatch radio.
    HUDs have been incorporated and researched extensively in aviation
and motor vehicle applications because of their relative advantage over
head-down displays (HDD). Research in the CTIL, FRA's locomotive
simulator at Volpe, The National Transportation Systems Center in
Cambridge, MA, has shown that in-cab displays, such as moving maps, can
lead to prolonged heads-down time (Young, et al., 2015). Additionally,
research done in the field in naturalistic studies using passenger
vehicles has also shown that looking inside a vehicle for interface
control features increases the risk of an accident/incident (Liang,
Lee, & Yekhsatyan, 2012). Thus, a HUD has real advantages over a HDD.
FRA believes investigating alternative technologies that increase
forward-track viewing time is worth pursuing.
    To test the hypothesis that display communications on a HUD can
reduce workload and distractions while increasing the time locomotive
engineers keep their eyes on the forward track, an experiment will be
run in the CTIL with four different conditions: HUD presence (present
or absent) will be crossed with radio communications (present or
absent). Forty locomotive engineers will participate in the simulator
study and survey data collection. The Massachusetts Institute of
Technology will develop and install the HUD.
    FRA will use a subjective measure of workload, such as the National
Aeronautics and Space Administration Task Load Index (NASA-TLX), in
this study and provide it to the locomotive engineers after the
simulator experiment. In addition, locomotive engineers will rate the
usability of the system with a usability scale. Analysis of the
simulator data, workload data, and usability survey data will allow FRA
to assess whether a HUD has a relative advantage over a HDD in rail,
and if it could mitigate any radio-distraction related performance
declines.
    Type of Request: Approval of a new information collection.
    Affected Public: Railroad Workers.
    Form(s): FRA F 6180.168.
    Total Estimated Annual Responses: 40.
    Total Estimated Annual Burden: 260 hours.
    Addressee: Send comments regarding the information collection to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th Street NW., Washington, DC 20503, Attention: FRA
Desk Officer. Comments may also be sent via email to OMB at the
following address<EMAIL_ADDRESS>    Comments are invited on the following: Whether the proposed
collection of information is necessary for DOT to properly perform its
functions, including whether the information will have practical
utility; the accuracy of DOT's estimates of the burden of the proposed
information collection; ways to enhance the quality,

utility, and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.
    A comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication of this notice in the Federal
Register.

    Authority:  44 U.S.C. 3501-3520.

Sarah L. Inderbitzin,
Acting Chief Counsel.
[FR Doc. 2017-08159 Filed 4-21-17; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Notices]
[Pages 65208-65210]
[FR Doc No: 2023-20425]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98409; File No. SR-ISE-2023-11]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Order Instituting
Proceedings To Determine Whether To Approve or Disapprove Proposed Rule
Change To Amend the Short Term Option Series Program To Permit the
Listing of Two Wednesday Expirations for Options on Certain Exchange
Traded Products

September 15, 2023.

I. Introduction

    On May 31, 2023, Nasdaq ISE, LLC (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to amend the
Exchange's short term option series program (``Short Term Option Series
Program'') in Supplementary Material .03 of Options 4, Section 5
(Series of Options Contracts Open for Trading). The proposed rule
change was published for comment in the Federal Register on June 20,
2023.\3\ On August 2, 2023, pursuant to section 19(b)(2) of the Act,\4\
the Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\5\ The Commission did not receive any comments. The Commission
is instituting proceedings pursuant to section 19(b)(2)(B) of the Act
\6\ to determine whether to approve or disapprove the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 97719 (June 13,
2023), 88 FR 39876 (``Notice'').
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 98040, 88 FR 53569
(August 8, 2023) (designating September 18, 2023, as the date by
which the Commission shall either approve, disapprove, or institute
proceedings to determine whether to disapprove the proposed rule
change).
    \6\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change \7\
---------------------------------------------------------------------------

    \7\ For a full description of the proposed rule change, refer to
the Notice, supra note 3.
---------------------------------------------------------------------------

    Currently, the Exchange may open for trading series of options on
certain symbols that expire at the close of business on each of the
next two Mondays, Tuesdays, Wednesdays, and Thursdays, respectively,
that are business days and are not business days

in which monthly options series or Quarterly Options Series expire
(``Short Term Option Daily Expirations'').\8\ The Exchange proposes to
expand the Short Term Option Series Program \9\ to permit the listing
of two Wednesday expirations for options on the United States Oil Fund,
LP, United States Natural Gas Fund, LP, SPDR Gold Shares, iShares
Silver Trust, and iShares 20+ Year Treasury Bond ETF (collectively,
``Wednesday ETP Expirations'').\10\
---------------------------------------------------------------------------

    \8\ See Supplementary Material .03 to Options 4, Section 5.
Currently, the Exchange may list no more than a total of two Monday
and Wednesday expirations on the iShares Russell 2000 ETF (``IWM'')
and no more than a total of two Monday, Tuesday, Wednesday, and
Thursday expirations on the SPDR S&P 500 ETF Trust (``SPY'') and the
Invesco QQQ Trust (``QQQ''). See Table 1, Supplementary Material .03
to Options 4, Section 5.
    \9\ Options 1, Section 1(a)(49) provides that a Short Term
Option Series means a series in an option class that is approved for
listing and trading on the Exchange in which the series is opened
for trading on any Monday, Tuesday, Wednesday, Thursday or Friday
that is a business day and that expires on the Monday, Tuesday,
Wednesday, Thursday, or Friday of the following business week that
is a business day, or, in the case of a series that is listed on a
Friday and expires on a Monday, is listed one business week and one
business day prior to that expiration. If a Tuesday, Wednesday,
Thursday or Friday is not a business day, the series may be opened
(or shall expire) on the first business day immediately prior to
that Tuesday, Wednesday, Thursday or Friday. For a series listed
pursuant to this section for Monday expiration, if a Monday is not a
business day, the series shall expire on the first business day
immediately following that Monday.
    \10\ The United States Oil Fund, LP, United States Natural Gas
Fund, LP, SPDR Gold Shares, iShares Silver Trust, and iShares 20+
Year Treasury Bond ETF are referred to collectively as the ``ETPs.''
---------------------------------------------------------------------------

    According to the Exchange, the Wednesday ETP Expirations would be
similar to the existing Short Term Option Daily Expirations in that the
Exchange may open for trading on any Tuesday or Wednesday that is a
business day (beyond the current week) \11\ series of options on the
ETPs that expire on any Wednesday of the month that is a business day
and is not a Wednesday in which Quarterly Options Series expire.\12\
And like Short Term Option Daily Expirations, in the event that
Wednesday ETP Expirations would expire on a Wednesday, and that
Wednesday is the same day that a Quarterly Options Series expires, the
Exchange would skip that week's listing and instead list the following
week; the two weeks would therefore not be consecutive. Options on each
of the ETPs with Friday expirations would continue to have a total of
five Short Term Option Expiration Dates, provided those Friday
expirations are not Fridays in which monthly options series or
Quarterly Options Series expire. The interval between strike prices for
the proposed Wednesday ETP Expirations would be the same as those for
the current Short Term Option Series for Friday expirations applicable
to the Short Term Option Series Program.\13\ As is the case with other
equity options series listed pursuant to the Short Term Option Series
Program, the Wednesday ETP Expirations series would be p.m.-settled.
---------------------------------------------------------------------------

    \11\ The Exchange proposes to clarify the rule text in
Supplementary Material .03 to Options 4, Section 5 to specify that
it can list two Short Term Option Expiration Dates beyond the
current week for each Monday, Tuesday, Wednesday, and Thursday
expiration. Consistent with the current operation of the rule, the
Exchange states that if it adds a Wednesday expiration (``Wednesday
Expiration'') on a Tuesday, there would be three outstanding
Wednesday Expirations at one time. See Notice, supra note 3, 88 FR
at 39877, n.4.
    \12\ See id. at 39877.
    \13\ The Wednesday ETP Expirations would have a strike interval
of $0.50 or greater for strike prices below $100, $1 or greater for
strike prices between $100 and $150, and $2.50 or greater for strike
prices above $150.
---------------------------------------------------------------------------

    In support of its proposal, the Exchange represents that it has an
adequate surveillance program in place to detect manipulative trading
in the proposed option expirations, in the same way that it monitors
trading in the current Short Term Option Daily Expirations.\14\ The
Exchange also represents that it has the necessary system capacity to
support and properly monitor trading in the proposed new
expirations.\15\ Additionally, the Exchange states that it does not
believe that any market disruptions will be encountered with the
introduction of these proposed option expirations.\16\ The Exchange
currently trades Short Term Option Daily Expirations on SPY, QQQ, and
IWM, including Wednesday Expirations, and states that it has not
experienced any market disruptions nor issues with capacity.\17\
Further, the Exchange provides data comparing the ETPs to SPY, QQQ, and
IWM, which have Wednesday Expirations today.\18\ According to the
Exchange, the occurrence of the ETPs moving through at least one strike
price after the close of trading has been less frequent than for SPY,
QQQ, and IWM. In addition, the average annualized closing volatility in
the last thirty minutes of trading for the ETPs has historically been
lower than that of SPY, QQQ, and IWM.\19\ Finally, the Exchange states
that the ETPs trade within ``complexes'' where, in addition to the
underlying security, there are multiple highly-correlated instruments
available for hedging.\20\ Therefore, the Exchange believes the
proposal would not be a strain on liquidity providers.\21\
---------------------------------------------------------------------------

    \14\ See id. at 39884.
    \15\ See id.
    \16\ See id.
    \17\ See id. at 39878.
    \18\ See id. at 39882-83.
    \19\ See id. at 39883.
    \20\ See id. at 39884.
    \21\ See id.
---------------------------------------------------------------------------

III. Proceedings To Determine Whether To Approve or Disapprove SR-ISE-
2023-11, and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to section
19(b)(2)(B) of the Act \22\ to determine whether the proposed rule
change should be approved or disapproved. Institution of such
proceedings is appropriate at this time in view of the legal and policy
issues raised by the proposed rule change. Institution of proceedings
does not indicate that the Commission has reached any conclusions with
respect to any of the issues involved. Rather, as described below, the
Commission seeks and encourages interested persons to provide
additional comment on the proposed rule change to inform the
Commission's analysis of whether to approve or disapprove the proposed
rule change.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to section 19(b)(2)(B) of the Act,\23\ the Commission is
providing notice of the grounds for disapproval under consideration. As
described above, the Exchange has proposed to expand the Short Term
Option Series Program to permit the listing of Wednesday ETP
Expirations. The Commission is instituting proceedings to allow for
additional analysis of, and input from commenters with respect to, the
proposed rule change's consistency with the Act, and in particular,
section 6(b)(5) of the Act, which requires, among other things, that
the rules of a national securities exchange be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest.\24\
---------------------------------------------------------------------------

    \23\ Id.
    \24\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their data, views, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the

proposal. In particular, the Commission invites the written views of
interested persons concerning whether the proposed rule change, is
consistent with sections 6(b)(5) or any other provision of the Act, or
the rules and regulations thereunder. Although there do not appear to
be any issues relevant to approval or disapproval that would be
facilitated by an oral presentation of data, views, and arguments, the
Commission will consider, pursuant to Rule 19b-4 under the Act,\25\ any
request for an opportunity to make an oral presentation.\26\
---------------------------------------------------------------------------

    \25\ 17 CFR 240.19b-4.
    \26\ section 19(b)(2) of the Act, as amended by the Securities
Acts Amendments of 1975, Public Law 94-29 (Jun. 4, 1975), grants to
the Commission flexibility to determine what type of proceeding--
either oral or notice and opportunity for written comments--is
appropriate for consideration of a particular proposal by a self-
regulatory organization. See Securities Acts Amendments of 1975,
Senate Comm. on Banking, Housing & Urban Affairs, S. Rep. No. 75,
94th Cong., 1st Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposed rule change should be approved
or disapproved by October 12, 2023. Any person who wishes to file a
rebuttal to any other person's submission must file that rebuttal by
October 26, 2023. The Commission asks that commenters address the
sufficiency of the Exchange's statements in support of the proposal, in
addition to any other comments they may wish to submit about the
proposed rule change.
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-ISE-2023-11 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-ISE-2023-11. This file
number should be included on the subject line if email 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 website (https://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 website 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 the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-ISE-2023-11 and should be
submitted by October 12, 2023. Rebuttal comments should be submitted by
October 26, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2023-20425 Filed 9-20-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Proposed Rules]
[Pages 55956-55959]
[FR Doc No: 2023-16898]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1635; Project Identifier MCAI-2022-01579-T]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. (Type Certificate
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica
S.A.; Embraer S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -200
STD, -200 LR, and -200 IGW airplanes. This proposed AD was prompted by
a determination that new or more restrictive airworthiness limitations
are necessary and a determination by the design approval holder (DAH)
that some structural elements are subject to widespread fatigue damage
(WFD). This proposed AD would require revising the existing maintenance
or inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, and for certain airplanes would
require a structural modification of the wing lower skin panels, as
specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil
(ANAC) AD, which is proposed for incorporation by reference (IBR). 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 October 2,
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-2023-1635; 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, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For material that is proposed for IBR in this NPRM,
contact National Civil Aviation Agency (ANAC), Aeronautical Products
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos
Campos--SP, Brazil; telephone 55 (12) 3203-6600; email:
<EMAIL_ADDRESS>website: anac.gov.br/en. You may find this material on
the ANAC website: sistemas.anac.gov.br/certificacao/DA/DAE.asp. It is
also available at regulations.gov under Docket No. FAA-2023-1635.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th Street, Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Joshua Bragg, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<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-2023-1635; Project Identifier
MCAI-2022-01579-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
this 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 NPRM.

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
Joshua Bragg, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected]. Any commentary that the FAA receives which is
not specifically designated as

CBI will be placed in the public docket for this rulemaking.

Background

    ANAC, which is the aviation authority for Brazil, has issued ANAC
AD 2022-12-01, effective December 14, 2022 (ANAC AD 2022-12-01) (also
referred to as the MCAI), to correct an unsafe condition for all
Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200
LR, and -200 IGW airplanes. Model ERJ 190-100 SR airplanes are not
certificated by the FAA and are not included on the U.S. type
certificate data sheet; this proposed AD therefore does not include
those airplanes in the applicability. The MCAI states that new or more
restrictive airworthiness limitations have been developed to address
structural fatigue. Additionally, an evaluation by the DAH indicated
that some structural elements, particularly the wing lower skin
stringers, are subject to WFD. A modification is needed before the wing
lower skin panel reaches its structural modification point (SMP), and
inspections are needed to preclude WFD. ANAC AD 2022-12-01 specifies
that it requires a modification of the wing lower skin panels that
terminates the repetitive inspections required by ANAC AD 2019-06-01
(which corresponds to FAA AD 2020-04-16, Amendment 39-19853 (85 FR
18435, dated April 2, 2020) (AD 2020-04-16). Accomplishment of the
proposed modification specified in this proposed AD would therefore
terminate the repetitive inspections required by paragraph (g) of AD
2020-04-16, for the airplanes identified in paragraph (a)(2) of ANAC AD
2022-12-01 only.
    The FAA is proposing this AD to address cracking in principle
structural elements. The unsafe condition, if not addressed, could
result in reduced structural integrity of the airplane. See the MCAI
for additional background information.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1635.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2022-12-01 describes new or more restrictive airworthiness
limitations for airplane structures. For certain airplanes, ANAC AD
2022-12-01 specifies procedures for the incorporation of a certain
structural modification (i.e., reinforcement of left-hand (LH) and
right-hand (RH) wing lower skin panels). This material is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in ADDRESSES
section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, which are specified in ANAC AD
2022-12-01 described previously, as incorporated by reference. Any
differences with ANAC AD 2022-12-01 are identified as exceptions in the
regulatory text of this proposed AD. This proposed AD would also
require a structural modification of the wing lower skin panels.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
Critical Design Configuration Control Limitations (CDCCLs). Compliance
with these actions and CDCCLs is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions 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 (AMOC) according to
paragraph (k)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate ANAC AD 2022-12-01 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
ANAC AD 2022-12-01 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Service information required by ANAC AD 2022-12-01
for compliance will be available at regulations.gov under Docket No.
FAA-2023-1635 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections), intervals, or CDCCLs may be used unless the actions,
intervals, and CDCCLs are approved as an AMOC in accordance with the
procedures specified in the AMOC paragraph under ``Additional AD
Provisions.'' This new format includes a ``New Provisions for
Alternative Actions, Intervals, and CDCCLs'' paragraph that does not
specifically refer to AMOCs, but operators may still request an AMOC to
use an alternative action, interval, or CDCCL.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 33 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has

determined that a per-operator estimate is more accurate than a per-
airplane estimate.
    The FAA estimates the total cost per operator for the new revision
to the existing maintenance or inspection program to be $7,650 (90
work-hours x $85 per work-hour).

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                         Cost per
               Labor cost                        Parts cost              product        Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 569 work-hours x $85 per hour =    Up to $280,825............        $329,190   Up to $10,863,270.
 $48,365.
----------------------------------------------------------------------------------------------------------------

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 determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) 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 adding the following new airworthiness
directive:

Embraer S.A. (Type Certificate Previously Held by Yabor[atilde]
Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer S.A.): Docket No.
FAA-2023-1635; Project Identifier MCAI-2022-01579-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by October 2, 2023.

(b) Affected ADs

    This AD affects AD 2020-04-16, Amendment 39-19853 (85 FR 18435,
April 2, 2020) (AD 2020-04-16).

(c) Applicability

    This AD applies to all Embraer S.A. (Type Certificate previously
held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.;
Embraer S.A.) Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -
200 LR, and -200 IGW airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code: 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary and a
determination by the design approval holder (DAH) that some
structural elements are subject to widespread fatigue damage (WFD).
The FAA is issuing this AD to address cracking in principle
structural elements. The unsafe condition, if not addressed, could
result in reduced structural integrity of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC) AD 2022-12-01, effective December 14, 2022 (ANAC AD
2022-12-01).

(h) Exceptions to ANAC AD 2022-12-01

    (1) Where ANAC AD 2022-12-01 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The initial compliance time for doing the tasks specified in
paragraph (b)(3) of ANAC AD 2022-12-01 is at the applicable
``threshold or interval'' as incorporated by the requirements of
paragraph (b)(3) of ANAC AD 2022-12-01, or within 30 days after the
effective date of this AD, whichever occurs later. Where the service
information referenced in ANAC AD 2022-12-01 does not specify a
threshold, this AD requires using the applicable flight cycles (FC),
flight hours (FH), or months (MO) identified as the interval as the
threshold. The applicable FC, FH, and MO in the ``T: Threshold I:
Interval'' column of the service information referenced in ANAC AD
2022-12-01 are as specified in paragraph (h)(2)(i) or (ii) of this
AD:
    (i) For any task with an applicability that includes ``POST-MOD
SB,'' use the specified number of FC, FH or MO since accomplishment
of the applicable service bulletin.
    (ii) For any task with an applicability that does not include
``POST-MOD SB,'' use total FC, total FH, or MO since issuance of the
original airworthiness certificate or original export certificate of
airworthiness, as applicable.
    (3) Table 01 and paragraph (c)(2) of ANAC AD 2022-12-01 specify
a grace period. However, for this AD the grace period is as
identified in Table 01 of ANAC AD 2022-12-01, except replace the
text ``within the next 3,000 FC'' with ``within 3,000 FC after the
effective date of this AD;'' and replace the text ``within the next
4,000 FH'' with ``within 4,000 FH after the effective date of this
AD.''
    (4) Where ANAC AD 2022-12-01 Table 01 specifies a compliance
time based on the accomplishment of certain service information,
replace the text ``the accomplishment of the Embraer SB No. 190-57-
005, Revision 01, dated October 27, 2006,'' with ``the
accomplishment of Embraer SB 190-57-0005.''
    (5) This AD does not adopt the provisions specified in paragraph
(e)(1) of ANAC AD 2022-12-01.

(i) Provisions for Alternative Actions, Intervals, and Critical Design
Configuration Control Limitations (CDCCLs)

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
unless they are approved as specified in the provisions of paragraph
(f) of ANAC AD 2022-12-01.

(j) Terminating Action for AD 2020-04-16

    Accomplishing the actions required by this AD terminates the
repetitive inspection requirements of paragraph (g) of AD 2020-04-
16, for the airplanes identified in paragraph (a)(2) of ANAC AD
2022-12-01 only.

(k) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation 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 International
Validation Branch, send it to the attention of the person identified
in paragraph (l) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or ANAC; or ANAC's authorized Designee. If
approved by the ANAC Designee, the approval must include the
Designee's authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (k)(2) of this AD, if any service information referenced
in ANAC AD 2022-12-01 contains steps in the Accomplishment
Instructions or figures that are labeled as RC, the instructions in
RC steps, including subparagraphs under an RC step and any figures
identified in an RC step, must be done to comply with this AD; any
steps including substeps under those steps, that are not identified
as RC are recommended. The instructions in steps, including substeps
under those steps, not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the instructions identified as RC can be done and the airplane can
be put back in an airworthy condition. Any substitutions or changes
to instructions identified as RC require approval of an AMOC. If a
step or substep is labeled ``RC Exempt,'' then the RC requirement is
removed from that step or substep.

(l) Additional Information

    For more information about this AD, contact Joshua Bragg,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
AD 2022-12-01, effective December 14, 2022.
    (ii) [Reserved]
    (3) For ANAC AD 2022-12-01, contact ANAC, Aeronautical Products
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos
Campos--SP, Brazil; telephone 55 (12) 3203-6600; email:
<EMAIL_ADDRESS>website: anac.gov.br/en/. You may find this ANAC AD
on the ANAC website: sistemas.anac.gov.br/certificacao/DA/DAE.asp.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 19, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-16898 Filed 8-16-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 164 (Friday, August 23, 2019)]
[Rules and Regulations]
[Pages 44223-44225]
[FR Doc No: 2019-18248]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0662]
RIN 1625-AA00

Safety Zone; Tennessee River, Kentucky Dam Marina Fireworks,
Gilbertsville, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Tennessee River.

This action is necessary to ensure safety of life on these navigable
waters immediately prior to, during, and after a pyrotechnics display
near Kentucky Dam Marina, Gilbertsville, KY. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Sector Ohio Valley or a designated
representative.

DATES: This rule is effective from 8:45 p.m. to 10 p.m. on August 31,
2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0662 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Dylan Caikowski, MSU Paducah,
U.S. Coast Guard; telephone<PHONE_NUMBER> ext. 2120, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. It
is impracticable to publish an NPRM because this safety zone must be
established by August 31, 2019 and we lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to protect the public from the potential safety
hazards associated with a pyrotechnics display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Ohio
Valley (COTP) has determined that potential hazards associated with a
pyrotechnics display on August 31, 2019, will be a safety concern for
anyone within a 350-foot radius of the pyrotechnics display. This rule
is needed to protect personnel on the navigable waters within the
safety zone prior to, during, and after a pyrotechnics display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8:45 p.m. until 10 p.m. on
August 31, 2019. The safety zone will cover all navigable waters within
a 350-foot radius from the pyrotechnics launch site at the entrance to
Kentucky Dam Marina at mile marker 22.6 on the Tennessee River. The
duration of the zone is intended to protect personnel and vessels in
these navigable waters prior to, during, and after a pyrotechnic
display. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone, which will
impact a 350-foot radius designated area of the Tennessee River for one
hour and fifteen minutes on August 31, 2019. Moreover, the Coast Guard
will issue a Broadcast Notice to Mariners (BNMs) via VHF-FM marine
channel 16 to inform mariners about the zone, and the rule allows
vessels to seek permission to enter the zone.

B. Impact on Small Entities

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

C. Collection of Information

    This rule will not call for a new collection of information under
the

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting only one hour and
fifteen minutes that will prohibit the entry of vessels and persons
within a 350-foot radius of the entrance to Kentucky Dam Marina at mile
marker 22.6 on the Tennessee River in Gilbertsville, KY. It is
categorically excluded from further review under paragraph L60(a) in
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures. A Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165-- REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T08-0662 to read as follows:

Sec.  165.T08-0662  Safety Zone; Tennessee River, Kentucky Dam Marina
Fireworks, Gilbertsville, KY.

    (a) Location. The safety zone will cover all navigable waters of
the Tennessee River at mile marker 22.6 within a 350-foot radius from
the fireworks launch site on the Kentucky Dam Marina break wall in
Gilbertsville, KY.
    (b) Enforcement period. This section will be enforced from 8:45
p.m. until 10 p.m. on August 31, 2019.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  [thinsp]165.23 of this part, entry into this zone is prohibited
unless authorized by the Captain of the Port Sector Ohio Valley (COTP)
or a designated representative.
    (2) Persons or vessels desiring to enter into or pass through the
zone must request permission from the COTP or a designated
representative. They may be contacted on VHF-FM Channel 16 or by phone
at<PHONE_NUMBER>.
    (3) If permission is granted, all persons and vessels must transit
at their slowest safe speed and comply with all lawful directions
issued by the COTP or a designated representative.
    (d) Informational broadcasts. The COTP or a designated
representative will issue Broadcast Notice to Mariners (BNMs) via VHF-
FM marine channel 16 to inform mariners about the zone, and the rule
allows vessels to seek permission to enter the zone.

M.A. Wike,
Commander, U.S. Coast Guard, Acting Captain of the Port, Sector Ohio
Valley.
[FR Doc. 2019-18248 Filed 8-22-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: May 12, 2008 (Volume 73, Number 92)]
[Proposed Rules]
[Page 26953-26954]
[DOCID:fr12my08-5]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 192

[Docket ID PHMSA-2005-23447; Notice 3]
RIN 2137-AE25

Pipeline Safety: Standards for Increasing the Maximum Allowable
Operating Pressure for Gas Transmission Pipelines

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation.

ACTION: Proposed rule; extension of comment period.

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

SUMMARY: PHMSA is extending the period for public comment to give

interested persons an additional week to comment on a proposed rule to
amend the pipeline safety regulations to prescribe safety requirements
for the operation of certain gas transmission pipelines at pressures
based on higher stress levels.

DATES: Anyone interested in filing written comments on the rule
proposed in this document must do so by May 19, 2008. PHMSA will
consider late filed comments so far as practicable.

ADDRESSES: Comments should reference Docket ID PHMSA-2005-23447 and may
be submitted in the following ways:
     E-Gov Web Site: http://www.regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency. Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., Room W12-140, Washington,
DC 20590.
     Hand Delivery: DOT Docket Management System; Room W12-140,
on the ground floor of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
    Instructions: Identify the docket ID, PHMSA-2005-23447, at the
beginning of your comments. If you submit your comments by mail, submit
two copies. If you wish to receive confirmation that PHMSA received
your comments, include a self-addressed stamped postcard. Internet
users may submit comments at http://www.regulations.gov.

    Note: Comments will be posted without changes or edits to http:/
/www.regulations.gov including any personal information provided.
Please see the Privacy Act heading in the Regulatory Analyses and
Notices section of the Supplemental Information for additional
information.

FOR FURTHER INFORMATION CONTACT: For information about this rulemaking,
contact Barbara Betsock by phone at<PHONE_NUMBER>, by fax at (202)
366-4566, or by e-mail at<EMAIL_ADDRESS>For technical
information, contact Alan Mayberry by phone at<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: PHMSA is extending by one week the comment
period on the proposed rulemaking published on March 12, 2008. (73 FR
13167) The Interstate Natural Gas Association of America (INGAA)
represents most of the pipeline operators potentially impacted by the
proposed rule. INGAA requested this extension in order to complete
technical papers it intends to file. PHMSA is granting the extension in
order to be able to consider these technical papers.

    Issued in Washington, DC, on May 7, 2008.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. E8-10628 Filed 5-9-08; 8:45 am]

BILLING CODE 4910-60-P


[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Notices]
[Pages 23490-23491]
[FR Doc No: 2016-09291]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9945-39-OARM]

Good Neighbor Environmental Board; Notification of Public
Advisory Committee Teleconference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public advisory committee teleconference.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, notice is hereby given that the Good Neighbor Environmental Board
(Board) will hold a public teleconference on Friday, May 20 from 12:00
p.m.-4:00 p.m. Eastern Daylight Time. For further information regarding
the teleconference and background materials, please contact Ann-Marie
Gantner at the number and email provided below.
    Background: The Good Neighbor Environmental Board is a federal
advisory committee chartered under the Federal Advisory Committee Act,
Public Law 92-463. By statute, the Board is required to submit an
annual report to the President on environmental and infrastructure
issues along the U.S. border with Mexico.
    Purpose of Meeting: The purpose of this teleconference is to
continue

discussion on the Good Neighbor Environmental Board's Seventeenth
Report to the President, which will focus on climate change resilience
in the U.S.-Mexico border region.
    General Information: The agenda and teleconference materials, as
well as general information about the Board, can be found at http://www2.epa.gov/faca/gneb. If you wish to make oral comments or submit
written comments to the Board, please contact Ann-Marie Gantner at
least five days prior to the teleconference.
    Meeting Access: For information on access or services for
individuals with disabilities, please contact Ann-Marie Gantner at
(202) 564-4330 or email at<EMAIL_ADDRESS>To request
accommodation of a disability, please contact Ann-Marie Gantner at
least 10 days prior to the meeting to give the Environmental Protection
Agency (EPA) as much time as possible to process your request.

    Dated: April 5, 2016.
Ann-Marie Gantner,
Acting Designated Federal Officer.
[FR Doc. 2016-09291 Filed 4-20-16; 8:45 am]
 BILLING CODE 6560-50-P