[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Rules and Regulations]
[Pages 65121-65126]
[FR Doc No: 2015-26983]

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Rules and Regulations
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Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-4209; Directorate Identifier 2015-NM-156-AD;
Amendment 39-18302; AD 2015-21-09]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2015-19-02 for
all The Boeing Company Model 767 airplanes. AD 2015-19-02 required
revising the maintenance or inspection program to include new
airworthiness limitations. This AD continues to require a maintenance
or inspection program revision, but with revised language. This AD was
prompted by a determination that certain language in the airworthiness
limitation was not accurate in AD 2015-19-02. We are issuing this AD to
detect and correct latent failures of the fuel shutoff valve to the
engine and auxiliary power unit (APU), which could result in the
inability to shut off fuel to the engine and APU and, in case of
certain fires, an uncontrollable fire that could lead to structural
failure.

DATES: This AD is effective October 28, 2015.
    We must receive any comments on this AD by December 10, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
4209; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Rebel Nichols, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6509; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On September 7, 2015, we issued AD 2015-19-02, Amendment 39-18265
(80 FR 55512, September 16, 2015), for all The Boeing Company Model 767
airplanes. AD 2015-19-02 required revising the maintenance or
inspection program to include new airworthiness limitations. AD 2015-
19-02 resulted from reports of latently failed fuel shutoff valves
discovered during fuel filter replacement. We issued AD 2015-19-02 to
detect and correct latent failures of the fuel shutoff valve to the
engine and APU, which could result in the inability to shut off fuel to
the engine and APU and, in case of certain fires, an uncontrollable
fire that could lead to structural failure.

Actions Since AD 2015-19-02, Amendment 39-18265 (80 FR 55512, September
16, 2015), Was Issued

    Since we issued AD 2015-19-02, Amendment 39-18265 (80 FR 55512,
September 16, 2015), we have determined that extraneous language was
included in two locations of the text of the airworthiness limitations
specified in AD 2015-19-02. In paragraph C.7.a. of the ``Description''
column of figure 1 to paragraph (g) of AD 2015-19-02, the text ``or the
APU selector switch on the overhead panel is in the ON position'' is
not relevant to the actions specified in that paragraph. In paragraph
A.5. of the ``Description'' column of figure 3 to paragraph (g) of AD
2015-19-02, the text ``the FUEL CONTROL switch is in the RUN position
or'' is not relevant to the actions specified in that paragraph.
    We have determined that the language must be corrected to avoid any
confusion in the paragraphs of the airworthiness limitation. We are
issuing this AD to detect and correct latent failures of the fuel
shutoff valve to the engine and APU, which could result in the
inability to shut off fuel to the engine and APU and, in case of
certain fires, an uncontrollable fire that could lead to structural
failure.

FAA's Determination

    We are issuing 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.

AD Requirements

    This AD requires revising the maintenance or inspection program to
include new airworthiness limitations.

Interim Action

    We consider this AD interim action. The manufacturer is currently
developing a modification that will address the unsafe condition
identified in this AD. Once this modification is developed, approved,
and available, we might consider additional rulemaking.

FAA's Justification and Determination of the Effective Date

    We are superseding AD 2015-19-02, Amendment 39-18265 (80 FR 55512,
September 16, 2015), to correct inaccurate terminology in the

``Description'' column of figure 1 to paragraph (g) of AD 2015-19-02
and figure 3 to paragraph (g) of AD 2015-19-02. We have made no other
changes to the requirements published in AD 2015-19-02. We have
determined that the changes impose no additional burden on any
operator. Therefore, we find that notice and opportunity for prior
public comment are unnecessary and that good cause exists for making
this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
the Docket Number FAA-2015-4209 and Directorate Identifier 2015-NM-156-
AD at the beginning of your comments. We specifically invite comments
on the overall regulatory, economic, environmental, and energy aspects
of this AD. We will consider all comments received by the closing date
and may amend this 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 AD.

Costs of Compliance

    We estimate that this AD affects 450 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Incorporating Airworthiness Limitation  1 work-hour x $85 per                 $0             $85         $38,250
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2015-19-02, Amendment 39-18265 (80 FR 55512, September 16, 2015), and
adding the following new AD:

2015-21-09 The Boeing Company: Amendment 39-18302; Docket No. FAA-
2015-4209; Directorate Identifier 2015-NM-156-AD.

(a) Effective Date

    This AD is effective October 28, 2015.

(b) Affected ADs

    This AD replaces AD 2015-19-02, Amendment 39-18265 (80 FR 55512,
September 16, 2015).

(c) Applicability

    This AD applies to all The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by reports of latently failed fuel shutoff
valves discovered during fuel filter replacement. We are issuing
this AD to detect and correct latent failures of the fuel shutoff
valve to the engine and auxiliary power unit (APU), which could
result in the inability to shut off fuel to the engine and APU and,
in case of certain fires, an uncontrollable fire that could lead to
structural failure.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 30 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to add
airworthiness limitation numbers 28-AWL-ENG, 28-AWL-MOV, and 28-AWL-
APU, by incorporating the information specified in figure 1, figure
2, and figure 3 to paragraph (g) of this AD into the Airworthiness
Limitations Section of the Instructions for Continued Airworthiness.
The initial compliance time for accomplishing the actions specified
in figure 1, figure 2, and figure 3 to paragraph (g) of this AD is
within 10 days after accomplishing the maintenance or inspection
program revision required by this paragraph.

      Figure 1 to Paragraph (g) of This AD: Engine Fuel Shutoff Valve (Fuel Spar Valve) Position Indication
                                                Operational Check
----------------------------------------------------------------------------------------------------------------
          AWL No.                Task            Interval            Applicability            Description
----------------------------------------------------------------------------------------------------------------
28-AWL-ENG................  ALI            DAILY...............  767-200, -300, and -  Engine Fuel Shutoff Valve
                                                                  300F airplanes.       (Fuel Spar Valve)
                                                                                Position Indication
                                                                                Operational Check.
                                           INTERVAL NOTE: The    APPLICABILITY NOTE:   Concern: The fuel spar
                                            operational check     Applies to            valve actuator design
                                            is not required on    airplanes with an     can result in airplanes
                                            days when the         actuator installed    operating with a failed
                                            airplane is not       at the engine fuel    fuel spar valve actuator
                                            used in revenue       spar valve position   that is not reported. A
                                            service.              having part number    latently failed fuel
                                           The check must be      (P/N) MA20A2027       spar valve actuator
                                            done before further   (S343T003-56) or P/   could prevent fuel
                                            flight once the       N MA30A1001           shutoff to an engine. In
                                            airplane is           (S343T003-66).        the event of certain
                                            returned to revenue                         engine fires, the
                                            service.                                    potential exists for an
                                                                                engine fire to be
                                                                                uncontrollable.
                                                                                Perform one of the
                                                                                following checks/
                                                                                inspection of the fuel
                                                                                spar valve position
                                                                                (unless checked by the
                                                                                flightcrew in a manner
                                                                                approved by the
                                                                                principal operations
                                                                                inspector):
                                                                                A. Operational Check
                                                                                during engine shutdown.
                                                                                1. Do an operational
                                                                                check of the left engine
                                                                                fuel spar valve
                                                                                actuator.
                                                                                a. As the L FUEL CONTROL
                                                                                switch on the quadrant
                                                                                control stand is moved
                                                                                to the CUTOFF position,
                                                                                verify the left SPAR
                                                                                VALVE disagreement light
                                                                                on the quadrant control
                                                                                stand illuminates and
                                                                                then goes off.
                                                                                b. If the test fails
                                                                                (light fails to
                                                                                illuminate), before
                                                                                further flight, repair
                                                                                faults as required
                                                                                (refer to Boeing
                                                                                airplane maintenance
                                                                                manual (AMM) 28-22-11).
                                                                                2. Do an operational
                                                                                check of the right
                                                                                engine fuel spar valve
                                                                                actuator.
                                                                                a. As the R FUEL CONTROL
                                                                                switch on the quadrant
                                                                                control stand is moved
                                                                                to the CUTOFF position,
                                                                                verify the right SPAR
                                                                                VALVE disagreement light
                                                                                on the quadrant control
                                                                                stand illuminates and
                                                                                then goes off.
                                                                                b. If the test fails
                                                                                (light fails to
                                                                                illuminate), before
                                                                                further flight, repair
                                                                                faults as required
                                                                                (refer to Boeing AMM 28-
                                                                                22-11).
                                                                                B. Operational check
                                                                                during engine start.
                                                                                1. Do an operational
                                                                                check of the left engine
                                                                                fuel spar valve
                                                                                actuator.
                                                                                a. As the L FUEL CONTROL
                                                                                switch on the quadrant
                                                                                control stand is moved
                                                                                to the RUN (or RICH)
                                                                                position, verify the
                                                                                left SPAR VALVE
                                                                                disagreement light on
                                                                                the quadrant control
                                                                                stand illuminates and
                                                                                then goes off.
                                                                                b. If the test fails
                                                                                (light fails to
                                                                                illuminate), before
                                                                                further flight, repair
                                                                                faults as required
                                                                                (refer to Boeing AMM 28-
                                                                                22-11).
                                                                                2. Do an operational
                                                                                check of the right
                                                                                engine fuel spar valve
                                                                                actuator.
                                                                                a. As the R FUEL CONTROL
                                                                                switch on the quadrant
                                                                                control stand is moved
                                                                                to the RUN (or RICH)
                                                                                position, verify the
                                                                                right SPAR VALVE
                                                                                disagreement light on
                                                                                the quadrant control
                                                                                stand illuminates and
                                                                                then goes off.
                                                                                b. If the test fails
                                                                                (light fails to
                                                                                illuminate), before
                                                                                further flight, repair
                                                                                faults as required
                                                                                (refer to Boeing AMM 28-
                                                                                22-11).
                                                                                C. Operational check
                                                                                without engine
                                                                                operation.
                                                                                1. Supply electrical
                                                                                power to the airplane
                                                                                using standard
                                                                                practices.
                                                                                2. Make sure all fuel
                                                                                pump switches on the
                                                                                Overhead Panel are in
                                                                                the OFF position.
                                                                                3. If the auxiliary power
                                                                                unit (APU) is running,
                                                                                open and collar the L
                                                                                FWD FUEL BOOST PUMP
                                                                                (C00372) circuit breaker
                                                                                on the Main Power
                                                                                Distribution Panel.
                                                                                4. Make sure LEFT and
                                                                                RIGHT ENG FIRE switches
                                                                                on the Aft Aisle Stand
                                                                                are in the NORMAL (IN)
                                                                                position.
                                                                                5. Make sure L and R ENG
                                                                                START Selector Switches
                                                                                on the Overhead Panel,
                                                                                are in the OFF position.
                                                                                6. Do an operational
                                                                                check of the left engine
                                                                                fuel spar valve
                                                                                actuator.

                                                                                a. Move L FUEL CONTROL
                                                                                switch on the quadrant
                                                                                control stand to the RUN
                                                                                position and wait
                                                                                approximately 10
                                                                                seconds.
                                                                                NOTE: It is normal under
                                                                                this test condition for
                                                                                the ENG VALVE
                                                                                disagreement light on
                                                                                the quadrant control
                                                                                stand to stay
                                                                                illuminated.
                                                                                b. Move L FUEL CONTROL
                                                                                switch on the quadrant
                                                                                control stand to the
                                                                                CUTOFF position.
                                                                                c. Verify the left SPAR
                                                                                VALVE disagreement light
                                                                                on the quadrant control
                                                                                stand illuminates and
                                                                                then goes off.
                                                                                d. If the test fails
                                                                                (light fails to
                                                                                illuminate), before
                                                                                further flight, repair
                                                                                faults as required
                                                                                (refer to Boeing AMM 28-
                                                                                22-11).
                                                                                7. Do an operational
                                                                                check of the right
                                                                                engine fuel spar valve
                                                                                actuator.
                                                                                a. Move R FUEL CONTROL
                                                                                switch on the quadrant
                                                                                control stand to the RUN
                                                                                position and wait
                                                                                approximately 10 seconds
                                                                                once the FUEL CONTROL
                                                                                switch is in the RUN
                                                                                position.
                                                                                NOTE: It is normal under
                                                                                this test condition for
                                                                                the ENG VALVE
                                                                                disagreement light on
                                                                                the quadrant control
                                                                                stand to stay
                                                                                illuminated.
                                                                                b. Move R FUEL CONTROL
                                                                                switch on the quadrant
                                                                                control stand to the
                                                                                CUTOFF position.
                                                                                c. Verify the right SPAR
                                                                                VALVE disagreement light
                                                                                on the quadrant control
                                                                                stand illuminates and
                                                                                then goes off.
                                                                                d. If the test fails
                                                                                (light fails to
                                                                                illuminate), before
                                                                                further flight, repair
                                                                                faults as required
                                                                                (refer to Boeing AMM 28-
                                                                                22-11).
                                                                                8. If the L FWD FUEL
                                                                                BOOST PUMP circuit
                                                                                breaker was collared in
                                                                                step 3, remove collar
                                                                                and close.
                                                                                D. Perform an inspection
                                                                                of the fuel spar valve
                                                                                actuator position.
                                                                                NOTE: This inspection may
                                                                                be most useful whenever
                                                                                the SPAR VALVE light
                                                                                does not function
                                                                                properly.
                                                                                1. Make sure the L FUEL
                                                                                CONTROL switch on the
                                                                                quadrant control stand
                                                                                is in the CUTOFF
                                                                                position.
                                                                                NOTE: It is not necessary
                                                                                to cycle the FUEL
                                                                                CONTROL switch to do
                                                                                this inspection.
                                                                                2. Inspect the left
                                                                                engine fuel spar valve
                                                                                actuator located in the
                                                                                left rear spar.
                                                                                NOTE: The Fuel Spar Valve
                                                                                actuators are located
                                                                                behind main gear doors
                                                                                on the rear spar.
                                                                                a. Verify the manual
                                                                                override handle on the
                                                                                engine fuel spar valve
                                                                                actuator is in the
                                                                                CLOSED position.
                                                                                b. Repair or replace any
                                                                                fuel spar valve actuator
                                                                                that is not in the
                                                                                CLOSED position (refer
                                                                                to Boeing AMM 28-22-11).
                                                                                3. Make sure the R FUEL
                                                                                CONTROL switch on the
                                                                                quadrant control stand
                                                                                is in the CUTOFF
                                                                                position.
                                                                                NOTE: It is not necessary
                                                                                to cycle the FUEL
                                                                                CONTROL switch to do
                                                                                this inspection.
                                                                                4. Inspect the right
                                                                                engine fuel spar valve
                                                                                actuator located in the
                                                                                right rear spar.
                                                                                NOTE: The Fuel Spar Valve
                                                                                actuators are located
                                                                                behind main gear doors
                                                                                on the rear spar.
                                                                                a. Verify the manual
                                                                                override handle on the
                                                                                engine fuel spar valve
                                                                                actuator is in the
                                                                                CLOSED position.
                                                                                b. Repair or replace any
                                                                                fuel spar valve actuator
                                                                                that is not in the
                                                                                CLOSED position (refer
                                                                                to Boeing AMM 28-22-11).
----------------------------------------------------------------------------------------------------------------

      Figure 2 to Paragraph (g) of This AD: Engine Fuel Shutoff Valve (Fuel Spar Valve) Actuator Inspection
----------------------------------------------------------------------------------------------------------------
          AWL No.                Task            Interval            Applicability            Description
----------------------------------------------------------------------------------------------------------------
28[dash]AWL[dash]MOV......  ALI            10 DAYS.............  767-400ER series      Engine Fuel Shutoff Valve
                                                                  airplanes.            (Fuel Spar Valve)
                                                                                Actuator Inspection.
                                           INTERVAL NOTE: The    APPLICABILITY NOTE:   Concern: The fuel spar
                                            inspection is not     Applies to            valve actuator design
                                            required on days      airplanes with an     can result in airplanes
                                            when the airplane     actuator installed    operating with a failed
                                            is not used in        at the engine fuel    fuel spar valve actuator
                                            revenue service.      spar valve position   that is not reported. A
                                           The inspection must    having part number    latently failed fuel
                                            be done before        (P/N) MA20A2027       spar valve actuator
                                            further flight if     (S343T003-56) or P/   would prevent fuel
                                            it has been 10 or     N MA30A1001           shutoff to an engine. In
                                            more calendar days    (S343T003-66).        the event of certain
                                            since last                                  engine fires, the
                                            inspection.                                 potential exists for an
                                                                                engine fire to be
                                                                                uncontrollable.
                                                                                Perform an inspection of
                                                                                the fuel spar valve
                                                                                actuator position.
                                                                                NOTE: The fuel spar valve
                                                                                actuators are located
                                                                                behind main gear doors
                                                                                on the rear spar.
                                                                                1. Make sure the L FUEL
                                                                                CONTROL switch on the
                                                                                quadrant control stand
                                                                                is in the CUTOFF
                                                                                position.
                                                                                NOTE: It is not necessary
                                                                                to cycle the FUEL
                                                                                CONTROL switch to do
                                                                                this inspection.
                                                                                2. Inspect the left
                                                                                engine fuel spar valve
                                                                                actuator located in the
                                                                                left rear spar.
                                                                                a. Verify the manual
                                                                                override handle on the
                                                                                engine fuel spar valve
                                                                                actuator is in the
                                                                                CLOSED position.
                                                                                b. Repair or replace any
                                                                                fuel spar valve actuator
                                                                                that is not in the
                                                                                CLOSED position (refer
                                                                                to Boeing AMM 28-22-11).
                                                                                3. Make sure the R FUEL
                                                                                CONTROL switch on the
                                                                                quadrant control stand
                                                                                is in the CUTOFF
                                                                                position.
                                                                                NOTE: It is not necessary
                                                                                to cycle the FUEL
                                                                                CONTROL switch to do
                                                                                this inspection.
                                                                                4. Inspect the right
                                                                                engine fuel spar valve
                                                                                actuator located in the
                                                                                right rear spar.
                                                                                a. Verify the manual
                                                                                override handle on the
                                                                                engine fuel spar valve
                                                                                actuator is in the
                                                                                CLOSED position.
                                                                                b. Repair or replace any
                                                                                fuel spar valve actuator
                                                                                that is not in the
                                                                                CLOSED position (refer
                                                                                to Boeing AMM 28-22-11).
----------------------------------------------------------------------------------------------------------------

     Figure 3 to Paragraph (g) of This AD: Auxiliary Power Unit (APU) Fuel Shutoff Valve Position Indication
                                                Operational Check
----------------------------------------------------------------------------------------------------------------
          AWL No.                Task            Interval            Applicability            Description
----------------------------------------------------------------------------------------------------------------
28-AWL-APU................  ALI            10 DAYS.............  ALL.................  APU Fuel Shutoff Valve
                                                                                Position Indication
                                                                                Operational Check.
                                           INTERVAL NOTE: The    APPLICABILITY NOTE:   Concern: The APU fuel
                                            operational check     Applies to            shutoff valve actuator
                                            is not required on    airplanes with an     design can result in
                                            days when the         actuator installed    airplanes operating with
                                            airplane is not       at the APU fuel       a failed APU fuel
                                            used in revenue       shutoff valve         shutoff valve actuator
                                            service. The          position having       that is not reported. A
                                            operational check     part number (P/N)     latently failed APU fuel
                                            must be done before   MA20A2027 (S343T003-  shutoff valve actuator
                                            further flight with   56) or MA30A1001      could prevent fuel
                                            an operational APU    (S343T003-66).        shutoff to the APU. In
                                            if it has been 10                           the event of certain APU
                                            or more calendar                            fires, the potential
                                            days since last                             exists for an APU fire
                                            check.                                      to be uncontrollable
                                                                                Perform the operational
                                                                                check of the APU fuel
                                                                                shutoff valve position
                                                                                indication (unless
                                                                                checked by the
                                                                                flightcrew in a manner
                                                                                approved by the
                                                                                principal operations
                                                                                inspector).
                                                                                A. Do an operational
                                                                                check of the APU fuel
                                                                                shutoff valve position
                                                                                indication.
                                                                                1. If the APU is running,
                                                                                unload and shut down the
                                                                                APU using standard
                                                                                practices.
                                                                                2. Supply electrical
                                                                                power to the airplane
                                                                                using standard
                                                                                practices.
                                                                                3. Make sure the APU FIRE
                                                                                switch on the Aft Aisle
                                                                                Stand is in the NORMAL
                                                                                (IN) position.
                                                                                4. Make sure there is at
                                                                                least 1,000 lbs (500
                                                                                kgs) of fuel in the Left
                                                                                Main Tank.
                                                                                5. Move APU Selector
                                                                                switch on the Overhead
                                                                                Panel to the ON position
                                                                                and wait approximately
                                                                                10 seconds once the APU
                                                                                selector switch on the
                                                                                overhead panel is in the
                                                                                ON position.
                                                                                6. Move the APU Selector
                                                                                switch on the Overhead
                                                                                Panel to the OFF
                                                                                position.

                                                                                7. Verify the APU FAULT
                                                                                light on the Overhead
                                                                                Panel illuminates and
                                                                                then goes off.
                                                                                8. If the test fails
                                                                                (light fails to
                                                                                illuminate), before
                                                                                further flight requiring
                                                                                APU availability, repair
                                                                                faults as required
                                                                                (refer to Boeing AMM 28-
                                                                                25-02).
                                                                                NOTE: Dispatch may be
                                                                                permitted per MMEL 28-25-
                                                                                02 if APU is not
                                                                                required for flight.
----------------------------------------------------------------------------------------------------------------

(h) No Alternative Actions or Intervals

    After accomplishment of the maintenance or inspection program
revision required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions or intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (i)(1) of this AD.

(i) 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 paragraph (j) 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.

(j) Related Information

    For more information about this AD, contact Rebel Nichols,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on October 16, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-26983 Filed 10-23-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: May 6, 2008 (Volume 73, Number 88)]
[Rules and Regulations]
[Page 24868-24870]
[DOCID:fr06my08-8]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2008-0005; FRL-8562-1]

Approval and Promulgation of Implementation Plans; Revised PM2.5
Motor Vehicle Emissions Budgets; State of New Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan revision submitted by the State of New Jersey. This
revision updates the 2009 PM2.5 motor vehicle emissions
budgets for Mercer County (for direct PM2.5 and
NOX, a precursor), located within the New Jersey portion of
the New York-Northern New Jersey-Long Island, NY-NJ-CT,
PM2.5 nonattainment area. The intended effect of this
rulemaking is to approve budgets that will be used to determine
transportation conformity.

DATES: This rule will be effective June 5, 2008.

ADDRESSES: Copies of the State submittals are available at the
following addresses for inspection during normal business hours:
Environmental Protection Agency, Region 2 Office, Air Programs Branch,
290 Broadway, 25th Floor, New York, New York 10007-1866.
    New Jersey Department of Environmental Protection, Public Access
Center, 401 East State Street, 1st Floor, Trenton, New Jersey 08625.

FOR FURTHER INFORMATION CONTACT: Matthew Laurita,
<EMAIL_ADDRESS>at the Environmental Protection Agency, Region
2 Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, NY
10007-1866, telephone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Analysis of the State's Submittal
II. Comments on the Proposed Rulemaking
III. Final EPA Action
IV. Statutory and Executive Order Reviews

I. Analysis of the State's Submittal

    On December 17, 2007, New Jersey submitted a proposed state
implementation plan (SIP) revision to EPA updating the existing motor
vehicle emissions budgets (``budgets'') for the Mercer County, New
Jersey portion of the New York-Northern New Jersey-Long Island, NY-NJ-
CT, PM2.5 nonattainment area (PM2.5 is composed
of airborne particles generally less than or equal to 2.5 micrometers
in diameter). At the time of the submittal, New Jersey requested that
EPA parallel process the SIP revision. New Jersey subsequently held a
public hearing on January 28, 2008, and accepted public comments until
January 31, 2008. On February 25, 2008, New Jersey submitted a final
SIP revision to EPA with no substantive changes from the December 17,
2007 submittal. For more information on New Jersey's December 17, 2007
submittal, please see EPA's March 5, 2008, Notice of Proposed
Rulemaking (73 FR 11846).
    When EPA approved New Jersey's initial PM2.5 budgets (71
FR 38770, July 10, 2006), we inadvertently did not revise 40 Code of
Federal Regulations (CFR) part 52 to include the approved budgets. In
this action we are updating 40 CFR part 52 to reflect both the July 10,
2006, final rulemaking and today's final rulemaking.

II. Comments on the Proposed Rulemaking

    EPA proposed approval of New Jersey's SIP revision on March 5, 2008
(73 FR 11846). The comment period closed on April 4, 2008. EPA did not
receive any comments.

III. Final EPA Action

    EPA is approving revisions to the 2009 PM2.5 motor
vehicle emissions budgets for Mercer County, New Jersey. The revised
budgets are 108 tons per year for direct PM2.5 and 5,056
tons per year for NOX. These revised motor vehicle emissions
budgets supersede the previous 2009 budgets and are to be used by the
Delaware Valley Regional Planning Commission in making transportation
conformity determinations on or after the effective date of this Final
Rulemaking.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will
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, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects 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, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements.

    Dated: April 24, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart FF--New Jersey

0
2. Section 52.1602 is added to read as follows:

Sec.  52.1602  Control strategy and regulations: PM2.5.

    (a) Approval--On May 18, 2006, New Jersey submitted an early
PM2.5 implementation plan to set motor vehicle emissions
budgets for the New Jersey portion of the New York-Northern New Jersey-
Long Island, NY-NJ-CT, PM2.5 nonattainment area. The budgets
were allocated by metropolitan planning organization as follows: North
Jersey Transportation Planning Authority: 1,207 tons per year of direct
PM2.5 and 61,676 tons per year of NOX; Delaware
Valley Regional Planning Commission: 89 tons per year of direct
PM2.5 and 4,328 tons per year of NOX.
    (b) Approval--On February 25, 2008, New Jersey submitted a revision
to its early PM2.5 implementation plan to revise the motor
vehicle emissions budgets for the Mercer County, New Jersey portion of
the New York-Northern New Jersey-Long Island, NY-NJ-CT,
PM2.5 nonattainment area. The revised budgets, applicable to
the Delaware Valley Regional Planning Commission, are as follows: 108
tons per year of direct PM2.5 and 5,056 tons per year of
NOX.

[FR Doc. E8-9819 Filed 5-5-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Pages 43533-43534]
[FR Doc No: 2017-19726]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC17-175-000.
    Applicants: Caney River Wind Project, LLC, Rocky Ridge Wind
Project, LLC.
    Description: Joint Application for Authorization under Section 203
for the Disposition of Jurisdictional Facilities, Request for Expedited
Consideration and Confidential Treatment of Caney River Wind Project,
LLC, et al.
    Filed Date: 9/8/17.
    Accession Number: 20170908-5162.
    Comments Due: 5 p.m. ET 9/29/17.

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

    Docket Numbers: ER17-2036-001.
    Applicants: Florida Power & Light Company.
    Description: Tariff Amendment: FPL Response to Deficiency Letter
and Request for Shortened Comment Period to be effective 10/31/2017.
    Filed Date: 9/11/17.
    Accession Number: 20170911-5016.
    Comments Due: 5 p.m. ET 10/2/17.

    Docket Numbers: ER17-2453-000.
    Applicants: Imperial Valley Solar 3, LLC.
    Description: Baseline eTariff Filing: Imperial Valley Solar 3, LLC
MBR Tariff to be effective 9/9/2017.
    Filed Date: 9/8/17.
    Accession Number: 20170908-5160.
    Comments Due: 5 p.m. ET 9/29/17.

    Docket Numbers: ER17-2454-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1518R13 Arkansas Electric
Cooperative Corp NITSA NOA to be effective 9/1/2017.
    Filed Date: 9/11/17.
    Accession Number: 20170911-5021.
    Comments Due: 5 p.m. ET 10/2/17.

    Docket Numbers: ER17-2455-000.
    Applicants: Southwestern Public Service Company.
    Description: Sec.  205(d) Rate Filing: SPS-WILD-E&P Agrmt-697-0.0.0
to be effective 9/12/2017.
    Filed Date: 9/11/17.
    Accession Number: 20170911-5022.
    Comments Due: 5 p.m. ET 10/2/17.

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

    Dated: September 11, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-19726 Filed 9-15-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: March 11, 2008 (Volume 73, Number 48)]
[Notices]
[Page 12981-12982]
[DOCID:fr11mr08-57]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL08-43-000]

TransCanada Power Marketing Ltd., Complainant v. ISO New England
Inc., Respondent; Notice of Complaint

March 3, 2008.
    Take notice that on February 26, 2008, pursuant to sections 206 of
the Rules and Practice and Procedure, 18 CFR 385.206, sections 205 and
306 of the Federal Power Act, 16 U.S.C. 824(e) and 825(e), TransCanada
Power Marketing Ltd. (Complainant) filed a formal complaint against ISO
New England Inc. (Respondent) requesting the Commission to order the
Respondent to accept the Complainant's January 10, 2008 composite
offers into the Forward Capacity Auction at the floor price that was
established in the February 4-6, 2008 auction.
    The Complainant has requested fast track processing of the
complaint.
    The Complainant states that a copy of the complaint has been served
on the Respondent.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC

Online service, please e-mail<EMAIL_ADDRESS>or call (866)
208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
     Comment Date: 5 p.m. Eastern Time on March 17, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-4730 Filed 3-10-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Rules and Regulations]
[Pages 45866-45867]
[FR Doc No: 2021-17570]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0303]
RIN 1625-AA00

Safety Zone; Maumee River, Toledo, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters directly surrounding the northern half of the I-75
Bridge over the Maumee River. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by demolition of the bridge. Entry of vessels or persons into
this zone is prohibited unless specifically authorized by the Captain
of the Port Detroit.

DATES: This rule is effective from August 23, 2021, through August 27,
2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0303 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST2 Jacob Haan, Waterways Management, Marine Safety Unit
Toledo, Coast Guard; telephone<PHONE_NUMBER>.

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 the party conducting the work
notified the Coast Guard with insufficient time to accommodate the
comment period. It is impracticable to publish an NPRM because we must
establish this safety zone by August 23, 2021.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with replacing the
power lines.

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 Detroit
(COTP) has determined that potential hazards associated with the bridge
demolition starting August 23, 2021, will be a safety concern for
anyone transiting under the bridge. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while the bridge is being demolished.

IV. Discussion of the Rule

    This rule establishes a safety zone on August 23, 2021 through
August 27, 2021. The safety zone will be enforced Monday through Friday
from 7 a.m. until 5 p.m. The safety zone will cover all navigable
waters from surface to bottom, below the old Michael V. DiSalle
Memorial (I-75) Bridge located at 41[deg]37'31.2'' N 83[deg]32'31.1''
W. A marked 100 foot wide channel will be provided for vessels to pass
through the demolition area. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters while the bridge is being demolished. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on size, location,
duration, and time-of-day of the safety zone. Vessel traffic should not
be influenced by the safety zone, and will be able to pass through the
safety zone in a marked channel marked by double red lights.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone that will prohibit entry into the waters directly
underneath the Michael V. DiSalle Memorial (I-75) Bridge while it is
demolished. It is categorically excluded from further review under
paragraph L[60(a)] of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping 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.T09-0303 to read as follows:

Sec.  165.T09-0303  Safety Zone; Maumee River, Toledo, OH.

    (a) Location. The following area is a safety zone: The safety zone
will cover all navigable waters from surface to bottom, underneath the
old Michael V. DiSalle Memorial (I-75) Bridge located at
41[deg]37'31.2'' N 83[deg]32'31.1'' W. All geographic coordinates are
North American Datum of 1983 (NAD 83).
    (b) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Detroit, or his or her designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit or his designated
representative.
    (3) The ``designated representative'' of the Captain of the Port
Detroit is any Coast Guard commissioned, warrant, or petty officer who
has been designated by the Captain of the Port Detroit to act on his
behalf. The designated representative of the Captain of the Port
Detroit will be aboard either a Coast Guard or Coast Guard Auxiliary
vessel. The Captain of the Port Detroit or his designated
representative may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or his designated
representative to obtain permission to do so at least 30 minutes prior
to transit. Vessel operators given permission to enter or operate in
the safety zone must comply with all directions given to them by the
Captain of the Port Detroit or his designated representative.
    (c) Enforcement period. This section will be enforced from August
23, 2021, through August 27, 2021, from 7 a.m. until 5 p.m.

    Dated: August 10, 2021.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2021-17570 Filed 8-16-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: February 5, 2008 (Volume 73, Number 24)]
[Notices]
[Page 6729-6731]
[DOCID:fr05fe08-70]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0050]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Medical Devices; Device Tracking

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on information collection
requirements for the tracking of medical devices.

DATES:  Submit written or electronic comments on the collection of
information by April 7, 2008.

ADDRESSES:  Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the

collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Denver Presley, Jr., Office of the
Chief Information Officer (HFA-250), Food and Drug Administration,5600
Fishers Lane, Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites

comments on these topics: (1) Whether the proposed collection of
information is necessary for the proper performance of FDA's functions,
including whether the information will have practical utility; (2) the
accuracy of FDA's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (3) ways to enhance the quality, utility, and clarity of the
information to be collected; and (4) ways to minimize the burden of the
collection of information on respondents, including through the use of
automated collection techniques, when appropriate, and other forms of
information technology.

Medical Devices; Device Tracking--21 CFR Part 821 (OMB Control Number
0910-0442)--Extension

    Section 211 of the Food and Drug Administration Modernization Act
(FDAMA) (Public Law 105-115) became effective on February 19, 1998.
FDAMA amended the previous medical device tracking provisions under
Section 519(e)(1) and (2) of the Federal Food, Drug, and Cosmetic Act
(the act) 21 U.S.C. 360i(e)(1) and (2) and were added by the Safe
Medical Devices Act of 1990 (SMDA) (Public Law 101-629). Unlike the
tracking provisions under SMDA which required tracking of any medical
device meeting certain criteria, FDAMA allows FDA discretion in
applying tracking provisions to medical devices meeting certain
criteria, and provides that tracking requirements for medical devices
can be imposed only after FDA issues an order. In the Federal Register
of February 8, 2002 (67 FR 5943), FDA issued a final rule which
conformed existing tracking regulations to changes in tracking
provisions effected by FDAMA under part 821 (21 CFR part 821).
    Section 519(e)(1) of the act, as amended by FDAMA, provides that
FDA may require by order, that a manufacturer adopt a method for
tracking a class II or III medical device, if the device meets one of
the three following criteria: (1) The failure of the device would be
reasonably likely to have serious adverse health consequences, (2) the
device is intended to be implanted in the human body for more than 1
year (referred to as a ``tracked implant''), or (3) the device is life-
sustaining or life-supporting (referred to as a ``tracked l/s-l/s
device'') and is used outside a device user facility.
    Tracked device information is collected to facilitate identifying
the current location of medical devices and patients possessing those
devices, to the extent that patients permit the collection of
identifying information. Manufacturers and FDA (where necessary), use
the data to: (1) Expedite the recall of distributed medical devices
that are dangerous or defective and (2) facilitate the timely
notification of patients or licensed practitioners of the risks
associated with the medical device.
    In addition, the regulations include provisions for: (1) Exemptions
and variances; (2) system and content requirements for tracking; (3)
obligations of persons other than device manufacturers, e.g.,
distributors; records and inspection requirements; (4) confidentiality;
and (5) record retention requirements.
    Respondents for this collection of information are medical device
manufacturers, importers, and distributors of tracked implants or
tracked l/s-l/s devices used outside a device user facility.
Distributors include multiple and final distributors, including
hospitals.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                      No. of        Annual Frequency of     Total Annual        Hours per
21 CFR Section     Respondents           Response            Responses           Response         Total Hours
----------------------------------------------------------------------------------------------------------------
821.2 and                       4                     1                  4                 12                 48
 821.30(e)
----------------------------------------------------------------------------------------------------------------
821.25(a)                       1                     1                  1                 76                 76
----------------------------------------------------------------------------------------------------------------
821.25(d)                      22                     1                 22                  2                 44
----------------------------------------------------------------------------------------------------------------
821.30(a) and              17,000                    72          1,222,725             0.1666            203,706
 (b)
----------------------------------------------------------------------------------------------------------------
821.30(c)(2)                    1                     1                  1                 28                 28
----------------------------------------------------------------------------------------------------------------
821.30(d)                  17,000                    15            259,186             0.1666             43,180
----------------------------------------------------------------------------------------------------------------
Total           .................  ....................  .................  .................            247,082
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

                           Table 2.--Estimated Average Annual Recordkeeping Burden\1\
----------------------------------------------------------------------------------------------------------------
                         No. of        Annual Frequency     Total Annual
  21 CFR Section     Recordkeepers     of Recordkeeping       Records       Hours per  Record     Total Hours
----------------------------------------------------------------------------------------------------------------
821.25(b)                        229             46,260         10,593,433             0.2899          3,071,036
----------------------------------------------------------------------------------------------------------------
821.25(c)                        229                  1                229               63.0             14,430
----------------------------------------------------------------------------------------------------------------
821.25(c)(3)                     229              1,124            257,454             0.2899             74,636
----------------------------------------------------------------------------------------------------------------
Total              .................  .................  .................  .................          3,160,102
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The annual hourly reporting burden for respondents involved with
medical device tracking is estimated to be 247,082 hours, and the
annual recordkeeping burden for these respondents is estimated to be
3,160,102

hours. These figures have been rounded up. The burden estimates cited
in tables 1 and 2 of this document are based primarily upon the data
and methods provided in FDA's assessment for fiscal year (FY) 1999
entitled ``A Cost Assessment of Medical Device Tracking.'' Using
implantation procedures from the National Center for Health Statistics,
FDA applied a 2-percent annual growth rate to estimate the number of
procedures for tracked implant devices for FY1997 through FY2006. This
assessment also used unit shipment data in combination with various
growth rates to estimate annual sales distribution for the tracked l/s-
l/s devices over the same time period. In addition, the assessment also
estimated the burden on industry for developing and maintaining
tracking systems for these medical devices for FY1997 through FY2006.
    For the annual recordkeeping burden, the number of respondent
medical device manufacturers subject to device tracking is estimated to
be 229 and is based on data from FDA's manufacturers database. FDA
issued tracking orders to 20 additional medical device manufacturers
during the time period for FY2002 through FY2004. Under Sec.
821.25(c), the additional medical device manufacturers collectively
bear a one-time recordkeeping burden of 10,560 hours to develop a
medical device tracking system. FDA's estimate of 17,000 medical device
distributor respondents contained in this assessment, are derived from
Dun & Bradstreet sources on medical equipment wholesalers, retailers,
home care dealers, and rental companies. Health Forum, an American
Hospital Association Company, provided statistics on hospitals.
    Please note that on January 15, 2008, the FDA Web site transitioned
to the Federal Dockets Management System (FDMS). FDMS is a Government-
wide, electronic docket management system. Electronic submissions will
be accepted by FDA through FDMS only.

    Dated: January 30, 2008.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E8-2078 Filed 2-4-08; 8:45 am]

BILLING CODE 4160-01-S