[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Rules and Regulations]
[Pages 26843-26846]
[FR Doc No: 2017-11986]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0573; Directorate Identifier 2017-SW-001-AD;
Amendment 39-18919; AD 2017-12-04]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding airworthiness directive (AD) 2016-20-04 for
Airbus Helicopters Model SA341G and SA342J helicopters. AD 2016-20-04
prohibited autorotation training flights until the landing gear rear
crosstube (crosstube) was inspected. This new AD adds additional part-
numbered crosstubes to the applicability and revises the hardness
criteria for the inspection. This AD is prompted by a determination
that an additional part-numbered crosstube may have the same unsafe
condition. The actions of this AD are intended to detect and prevent an
unsafe condition on these helicopters.

DATES:  This AD becomes effective June 27, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of June 27, 2017.
    We must receive comments on this AD by August 11, 2017.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address 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-2017-
0573; or in person at the Docket Operations Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the European Aviation Safety Agency (EASA) AD, any
incorporated by reference service information, the economic evaluation,
any comments received, and other information. The street address for
the Docket Operations Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
    For service information identified in this final rule, contact
Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
http://www.airbushelicopters.com/website/technical-expert. You may
review the referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0573.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

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 prior to it becoming effective. However, we
invite you to participate in this rulemaking by submitting written
comments, data, or views. We also invite comments relating to the
economic, environmental, energy, or federalism impacts that resulted
from adopting this AD. The most helpful comments reference a specific
portion of the AD, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit them only one time. We will file in the docket all comments that
we receive, as well as a report summarizing each substantive public
contact with FAA personnel concerning this rulemaking during the
comment period. We will consider all the comments we receive and may
conduct additional rulemaking based on those comments.

Discussion

    On September 16, 2016, we issued AD 2016-20-04 (81 FR 67904,
October 3, 2016), which prohibited autorotation training flights by
amending the rotorcraft flight manual (RFM) and installing a placard on
the instrument panel. AD 2016-20-04 also required, within 25 hours
time-in-service (TIS), inspecting each crosstube with part-number (P/N)
341A415201.00 or P/N 341A415201.01 to determine whether the metal is
coated and removing all coating if it is present. Once there is no
coating, AD 2016-20-04 required determining the hardness of the
crosstube, replacing the crosstube if it did not meet the specified
hardness criteria, and then removing the autorotation training flight
prohibition.
    AD 2016-20-04 was prompted by Emergency AD No. 2016-0073-E, dated
April 13, 2016 (AD 2016-0073-E), issued by EASA, which is the Technical
Agent for the Member States of the European Union, to correct an unsafe
condition for Airbus Helicopters Model SA341G and SA342J helicopters
with a crosstube P/N 341A415201.00 or P/N 341A415201.01. EASA stated
that two reported failures of a crosstube had occurred during
maintenance and towing operations, which resulted in the helicopters
dropping or tipping over. EASA further stated that excessive hardness
of the crosstube material, combined with inter-granular corrosion
initiation, may have affected the structural integrity of the
crosstube. EASA advised that this condition could lead to failure of
the crosstube and dropping or tipping over of the helicopter. To
address the unsafe condition, EASA AD 2016-0073-E required identifying
the affected crosstubes, implementing a temporary prohibition of
autorotation training flights on affected helicopters by amending the
RFM and installing a placard, inspecting the hardness of each affected
crosstube, and replacing any crosstubes that do not meet the hardness
criteria.

Actions Since AD 2016-20-04 Was Issued

    Since we issued AD 2016-20-04, EASA has issued Emergency AD No.
2016-0131-E, dated July 5, 2016 (AD 2016-0131-E), which superseded AD
2016-0073-E. EASA advises that after AD 2016-0073-E was issued, Airbus
Helicopters discovered that crosstubes with P/N 341A415201.02 could be
affected by the same unsafe condition. EASA AD 2016-0131-E adds this
crosstube P/N to the applicability and retains the requirements of AD
2016-0073-E.
    Additionally, we determined there is no unsafe condition in most
autorotation training. An unsafe condition exists only if the
helicopter touches the ground or a run-on landing (also called a
running landing, where the helicopter slides to a stop on landing) is
completed.

FAA's Determination

    These helicopters have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, its technical
representative, has notified us of the unsafe condition described in
the EASA AD. We are issuing this AD because we evaluated all
information provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other helicopters of these same
type designs.

Related Service Information Under 1 CFR Part 51

    Airbus Helicopters has issued Alert Service Bulletin (ASB) No.
SA341/342-32.08, Revision 2, dated October 18, 2016 (ASB 32.08), which
specifies removing the crosstube, checking its hardness, and replacing
the crosstube if it fails the hardness test. ASB 32.08 also specifies
prohibiting autorotative landing training by installing a placard on
the instrument panel. Finally, this revision of ASB 32.08 extends the
permissible hardness values range for the Vickers test method from
<=434 to <=454.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Other Related Service Information

    We also reviewed Aerospatiale (now Airbus Helicopters) Flight
Manuals SA 341G, Issue 2, dated December 1974, and SA 342J, Issue 1,
dated April 27, 1976. These manuals provide various procedures,
limitations, and performance and loading information.

AD Requirements

    This AD prohibits full touchdown autorotation training and run-on
landing training before further flight by amending the RFM and
installing a limitation placard on the instrument panel.

    This AD also requires, within 25 hours TIS, applying a solution to
the crosstube to determine whether the metal is coated and removing all
coating within a specific area. Once there is no coating, this AD
requires inspecting the hardness of the crosstube and replacing the
crosstube if it does not meet the hardness criteria. After replacing
the crosstube or determining the crosstube meets the hardness criteria,
the placard and RFM amendment prohibiting autorotation landing training
and run-on landing training may be removed.

Differences Between This AD and the EASA AD

    EASA requires the hardness inspection to be completed within six
months, while we require the hardness inspection to be completed within
25 hours TIS. The EASA AD prohibits all autorotation training flights,
while this AD only prohibits full touchdown autorotation training and
run-on landing training.

Costs of Compliance

    We estimate that this AD affects 20 helicopters of U.S. Registry.
    We estimate that operators may incur the following costs in order
to comply with this AD. At an average labor rate of $85 per hour,
amending the RFM and installing a placard will require about 0.5 work-
hour, for a cost of $43 per helicopter and $860 for the U.S. fleet.
Inspecting a crosstube will require about 8 work-hours, and the
required materials cost is minimal, for a cost of $680 per helicopter
and $13,600 for the U.S. fleet.
    If required, replacing a crosstube will require 8 work-hours, and
required parts will cost $11,952, for a cost of $12,632 per helicopter.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting
these AD requirements would delay implementing the safety actions
needed to correct this known unsafe condition. Therefore, we find that
the risk to the flying public justifies waiving notice and comment
prior to the adoption of this rule because certain operations must be
prohibited before further flight until the required corrective actions
are accomplished. Those corrective actions must then be accomplished
within 25 hours TIS, a short time interval for these model helicopters.
    Since an unsafe condition exists that requires the immediate
adoption of this AD, we determined that notice and opportunity for
public comment before issuing this AD are impracticable and that good
cause exists for making this amendment effective in less than 30 days.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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, 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 to the extent that
it justifies making a regulatory distinction; 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.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

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 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)
2016-20-04, Amendment 39-18670 (81 FR 67904, October 3, 2016), and
adding the following new AD:

2017-12-04 Airbus Helicopters: Amendment 39-18919; Docket No. FAA-
2017-0573; Directorate Identifier 2017-SW-001-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Model SA 341G and Model SA
342J helicopters with a landing gear rear crosstube (crosstube) part
number 341A415201.00, 341A415201.01, or 341A415201.02, certificated
in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as incorrect hardness of
the crosstube, which could result in failure of the crosstube and
subsequent dropping or tipping of the helicopter.

(c) Affected ADs

    This AD supersedes AD 2016-20-04, Amendment 39-18670 (81 FR
67904, October 3, 2016).

(d) Effective Date

    This AD becomes effective June 27, 2017.

(e) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(f) Required Actions

    (1) Before further flight:
    (i) Amend the rotorcraft flight manual (RFM) by inserting a copy
of this AD or by making pen-and-ink changes in Section 1,
Limitations, by adding the following: AUTOROTATION TRAINING FLIGHTS
TO A LANDING AND RUN-ON (RUNNING) LANDING TRAINING ARE PROHIBITED. A
landing occurs when the skids contact the ground or other surface
and bear the weight of the helicopter regardless of the duration of
the landing and regardless of whether the engine is shut down.
    (ii) Install a placard on the instrument panel in full view of
the pilots that states the following: AUTOROTATION TRAINING FLIGHTS
TO A LANDING AND RUN-ON (RUNNING) LANDING TRAINING ARE PROHIBITED.
    (2) Within 25 hours time-in-service:
    (i) Inspect the crosstube to determine whether the metal is
coated. Make a copper sulfate solution by following the
Accomplishment Instructions, paragraph 3.B.2.b.1., of Airbus
Helicopters Alert Service Bulletin (ASB) No. SA341/342-32.08,
Revision 2, dated October 18, 2016 (ASB

32.08). Apply 2 to 3 drops of the solution to Area Z in Figure 1 of
ASB 32.08 and wait 10 to 15 seconds. If a dark mark appears as shown
in Area 2 of Figure 3 of ASB 32.08, there is no metal coating. If a
light mark appears as shown in Area 4 of Figure 3 of ASB 32.08,
remove all metal coating in Area Z of Figure 1 of ASB 32.08.
    (ii) Inspect the hardness of the crosstube by using the criteria
in the table under Paragraph 3.B.2.c. of ASB 32.08. If the hardness
is not within the value range in the table, before further flight,
replace the crosstube. If the hardness is within the value range in
the table, apply corrosion protectant to Area Z in Figure 1 of ASB
32.08.
    (iii) Remove the RFM limitation and the instrument panel placard
required by paragraphs (f)(1)(i) and (f)(1)(ii) of this AD.

(g) Credit for Actions Previously Completed

    Compliance with AD 2016-20-04 (81 FR 67904, October 3, 2016)
before the effective date of this AD is considered acceptable for
compliance with this AD.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Matt Fuller, Senior Aviation
Safety Engineer, Safety Management Group, Rotorcraft Directorate,
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817)
222-5110; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(i) Additional Information

    (1) Aerospatiale (now Airbus Helicopters) Flight Manuals SA
341G, Issue 2, dated December 1974, and SA 342J, Issue 1, dated
April 27, 1976, which are not incorporated by reference, contain
additional information about the subject of this AD. For service
information identified in this AD, contact Airbus Helicopters, 2701
N. Forum Drive, Grand Prairie, TX 75052; telephone<PHONE_NUMBER> or
(800) 232-0323; fax<PHONE_NUMBER>; or at http://www.airbushelicopters.com/techpub. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX
76177.
    (2) The subject of this AD is addressed in European Aviation
Safety Agency (EASA) AD No. 2016-0131-E, dated July 5, 2016. You may
view the EASA AD on the Internet at http://www.regulations.gov by
searching for and locating it in Docket No. FAA-2017-0573.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 3213 Main Landing
Gear Strut/Axel/Truck.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Helicopters Alert Service Bulletin No. SA341/342-
32.08, Revision 2, dated October 18, 2016.
    (ii) Reserved.
    (3) For Airbus Helicopters service information identified in
this AD, contact Airbus Helicopters, 2701 N. Forum Drive, Grand
Prairie, TX 75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(972) 641-3775; or at http://www.airbushelicopters.com/website/technical-expert.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on May 26, 2017.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2017-11986 Filed 6-9-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Proposed Rules]
[Pages 18875-18876]
[FR Doc No: 2017-08107]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0177; Airspace Docket No. 17-ACE-4]

Proposed Amendment of Class E Airspace; Wellington, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify Class E airspace extending
upward from 700 feet above the surface at Wellington Municipal Airport,
Wellington, KS. This action is necessary due to the decommissioning of
the Wellington non-directional radio beacon (NDB), and cancellation of
the NDB approach, and would enhance the safety and management of
standard instrument approach procedures for instrument flight rules
(IFR) operations at the airport.

DATES: Comments must be received on or before June 8, 2017.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone
(202) 366-9826, or 1-800-647-5527. You must identify FAA Docket No.
FAA-2017-0177; Airspace Docket No. 17-ACE-4, at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays.
    FAA Order 7400.11A, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, Federal Aviation
Administration, Contract Support, Operations Support Group, Central
Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone
(817) 222-5859.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of

airspace. This regulation is within the scope of that authority as it
would amend Class E airspace extending upward from 700 feet above the
surface at Wellington Municipal Airport, Wellington, KS.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2017-0177/
Airspace Docket No. 17-ACE-4.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov//air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.11A, Airspace
Designations and Reporting Points, dated August 3, 2016, and effective
September 15, 2016. FAA Order 7400.11A is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11A lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class E airspace extending
upward from 700 feet above the surface at Wellington Municipal Airport,
Wellington, KS within a 6.4-mile radius (reduced from 6.8 miles) of the
airport.
    Airspace reconfiguration is necessary due to the decommissioning
and cancellation of the Wellington NDB, and NDB approach, which would
enhance the safety and management of the standard instrument approach
procedures for IFR operations at the airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11A, dated August 3, 2016, and effective September 15,
2016, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ACE KS E5 Wellington, KS [Amended]

Wellington Municipal Airport, KS
    (Lat. 37[deg]19'25'' N., long. 97[deg]23'18'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Wellington Municipal Airport.

    Issued in Fort Worth, TX, on April 13, 2017.
Robert W. Beck,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2017-08107 Filed 4-21-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: June 19, 2009 (Volume 74, Number 117)]
[Notices]
[Page 29200-29201]
[DOCID:fr19jn09-66]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13359-000]

Riverbank USA Holdings Corp.; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions to
Intervene, and Competing Applications

June 15, 2009.
    On January 27, 2009, Riverbank USA Holdings Corp. filed an
application pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Tomkins Cove Pumped Storage
Project No. 13359-000, to be located in the vicinity of Tomkins Cove,
an unincorporated hamlet in the town of Stony Point, Rockland County,
New York.
    The proposed Tomkins Cove Pumped Storage Project consists of: (1)
The Tilden Tomkins Cove Quarry (upper reservoir); (2) four 13-foot
diameter vertical penstocks leading to a powerhouse 2000 feet
underground; (3) a powerhouse containing four 250-megawatt (MW) units
with a total installed capacity of 1,000 MW; (4) water leaving the
turbines, would be temporarily stored in six underground storage
galleries (lower reservoir); and (5) a new double circuit 345-kilovolt
transmission line, approximately 1.0-mile long. The estimated average
annual energy production of the project would be 2,190 gigawatt-hours.
    Applicant Contact: Mr. John Douglas, President and CEO; c/o
Riverbank Power Corporation; Royal Bank Plaza;

South Tower, Box 166; 200 Bay Street, Suite 3110; Toronto, Ontario,
M5J2J4 Canada.
    FERC Contact: Patrick Murphy,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp.
    More information about this project can be viewed or printed on the
``eLibrary'' link of Commission's Web site at http://www.ferc.gov/docs-
filing/elibrary.asp. Enter the docket number (P-13359) in the docket
number field to access the document. For assistance, call toll-free 1-
866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-14454 Filed 6-18-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Rules and Regulations]
[Pages 4420-4422]
[FR Doc No: C1-2018-00225]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No.: FAA-2013-0485; Amdt. No. 121-376B]
RIN 2120-AJ94

Revisions to Operational Requirements for the Use of Enhanced
Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements
for Vision Systems; Correcting Amendment

Correction

    In rule document 2018-00225 appearing on pages 1186-1188 in the
issue of Wednesday, January 10, 2018, make the following correction:

Appendix F to Part 121

    On page 1187, beginning in the third column, Appendix F to Part 121
should read as follows:

Appendix F to Part 121--Proficiency Check Requirements

* * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Required                                           Permitted
                                                   -----------------------------------------------------------------------------------------------------
                                                                                Waiver
               Maneuvers/Procedures                    Simulated                           Visual         Nonvisual                       Provisions of
                                                       Instrument        Inflight        Simulator        Simulator     Training Device        Sec.
                                                       Conditions                                                                           121.441(d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
III. Instrument procedures:
--------------------------------------------------------------------------------------------------------------------------------------------------------
(a) Area departure and area arrival. During each                 B             ----             ----                B             ----               B*
 of these maneuvers the applicant must--
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Adhere to actual or simulated ATC clearances              ----             ----             ----             ----             ----             ----
 (including assigned radials); and
--------------------------------------------------------------------------------------------------------------------------------------------------------
(2) Properly use available navigation facilities.             ----             ----             ----             ----             ----             ----
--------------------------------------------------------------------------------------------------------------------------------------------------------
Either area arrival or area departure, but not
 both, may be waived under Sec.   121.441(d).
--------------------------------------------------------------------------------------------------------------------------------------------------------
(b) Holding. This maneuver includes entering,                    B             ----             ----                B             ----                B
 maintaining, and leaving holding patterns. It may
 be performed in connection with either area
 departure or area arrival.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(c) ILS and other instrument approaches. There
 must be the following:
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) At least one normal ILS approach.                            B             ----                B             ----             ----             ----
--------------------------------------------------------------------------------------------------------------------------------------------------------

(2) At least one manually controlled ILS approach                B             ----             ----             ----             ----             ----
 with a simulated failure of one powerplant. The
 simulated failure should occur before initiating
 the final approach course and must continue to
 touchdown or through the missed approach
 procedure.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(3) At least one nonprecision approach procedure                 B             ----                B             ----             ----             ----
 that is representative of the non-precision
 approach procedures that the certificate holder
 is likely to use.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(4) Demonstration of at least one nonprecision                   B             ----             ----             ----                B             ----
 approach procedure on a letdown aid other than
 the approach procedure performed under
 subparagraph (3) of this paragraph that the
 certificate holder is approved to use.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(5) For each type of EFVS operation the                          B               B*
 certificate holder is authorized to conduct, at
 least one instrument approach must be made using
 an EFVS.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Each instrument approach must be performed
 according to any procedures and limitations
 approved for the approach facility used. The
 instrument approach begins when the airplane is
 over the initial approach fix for the approach
 procedure being used (or turned over to the final
 approach controller in the case of a GCA
 approach) and ends when the airplane touches down
 on the runway or when transition to a missed
 approach configuration is completed. Instrument
 conditions need not be simulated below 100' above
 touchdown zone elevation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(d) Circling approaches. If the certificate holder            ----             ----               B*             ----             ----               B*
 is approved for circling minimums below 1000-3,
 at least one circling approach must be made under
 the following conditions.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) The portion of the approach to the authorized                B             ----             ----             ----             ----             ----
 minimum circling approach altitude must be made
 under simulated instrument conditions.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(2) The approach must be made to the authorized               ----             ----             ----             ----             ----             ----
 minimum circling approach attitude followed by a
 change in heading and the necessary maneuvering
 by visual reference to maintain a flight path
 that permits a normal landing on a runway at
 least 90[degrees] from the final approach course
 of the simulated instrument portion of the
 approach.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(3) The circling approach must be performed                   ----             ----             ----             ----             ----             ----
 without excessive maneuvering, and without
 exceeding the normal operating limits of the
 airplane. The angle of bank should not exceed
 30[degrees]
--------------------------------------------------------------------------------------------------------------------------------------------------------
If local conditions beyond the control of the
 pilot prohibit the maneuver or prevent it from
 being performed as required, it may be waived as
 provided in Sec.   121.441(d): Provided, however,
 that the maneuver may not be waived under this
 provision for two successive proficiency checks.
--------------------------------------------------------------------------------------------------------------------------------------------------------
The circling approach maneuver is not required for
 a second-in-command if the certificate holder's
 manual prohibits a second-in-command from
 performing a circling approach in operations
 under this part.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(e) Missed Approach                                           ----             ----             ----             ----             ----             ----
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Each pilot must perform at least one missed               ----             ----               B*             ----             ----             ----
 approach from an ILS approach.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(2) Each pilot in command must perform at least               ----             ----               P*             ----             ----             ----
 one additional missed approach.
A complete approved missed approach procedure must
 be accomplished at least once. At the discretion
 of the person conducting a check a simulated
 powerplant failure may be required during any of
 the missed approaches. These maneuvers may be
 performed either independently or in conjunction
 with maneuvers required under Sections III or V
 of this appendix. At least one missed approach
 must be performed in flight.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. C1-2018-00225 Filed 1-30-18; 8:45 am]
BILLING CODE 1301-00-D


[Federal Register Volume 77, Number 248 (Thursday, December 27, 2012)]
[Notices]
[Pages 76299-76300]
[FR Doc No: 2012-31135]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2012-1058]

Towing Safety Advisory Committee

AGENCY: Coast Guard, DHS.

ACTION: Notice of teleconference meeting.

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

SUMMARY: The Towing Safety Advisory Committee (TSAC) will meet via
teleconference to review and discuss draft recommendations from TSAC
subcommittees on assigned tasks listed in the SUPPLEMENTARY INFORMATION
section below. The committee will also discuss potential new tasks
related to development of manning policy for towing vessels operating
on international and domestic waters, information transfer between
vessels using the automatic identification system (AIS), and plans to
improve Coast Guard Form 2692 for reporting a marine accident, injury
or death. This meeting will be open to the public.

DATES: The teleconference meeting will take place on Wednesday, January
16, 2013, from 10 a.m. to 4 p.m. EST. This meeting may end early if all
business is finished before 4 p.m. If you wish to make oral comments at
the meeting, simply notify Mr. William J. Abernathy before the meeting,
as specified in the ADDRESSES section, or the designated Coast Guard
staff at the meeting. If you wish to submit written comments or make a
presentation, submit your comments or request to make a presentation by
January 7, 2013.

ADDRESSES: The Committee will meet via teleconference. To participate
by phone, contact the Alternate Designated Federal Officer (ADFO)
listed below in the FOR FURTHER INFORMATION CONTACT section to obtain
teleconference information. Note the number of teleconference lines is
limited and will be available on a first-come, first-served basis. To
join those participating in this teleconference from U.S. Coast Guard
Headquarters, come to Room 2501, U.S. Coast Guard Headquarters
Building, 2100 Second Street SW., Washington, DC 20593. You must
present a valid, government-issued photo identification to gain
entrance to the Coast Guard Headquarters building.
    If you want to make an presentation, send your request by January
7, 2012, to Mr. William J. Abernathy, TSAC ADFO, telephone 202-372-
1363, Commandant (CG-OES-2), 2100 Second Street SW., Stop 7126,
Washington, DC 20593-7126 or by fax to<PHONE_NUMBER>. To facilitate
public participation we are inviting public comment on the issues to be
considered by the committee as listed in the ``Agenda'' section below.
You may submit a written comment on or before January 7, 2013 or make
an oral comment during the public comment portion of the meeting.
    To submit a comment in writing, use one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov
Follow the instructions for submitting comments.
     Email<EMAIL_ADDRESS>Include the docket
number (USCG-2012-1058) on the subject line of the message.
     Fax:<PHONE_NUMBER> Include the docket number (USCG-2012-
1058) on the subject line of the fax.
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Same as mail address above, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    Instructions: Include the words ``Department of Homeland Security''
and the docket number of this notice in your submission. All comments
submitted will be posted on www.regulations.gov without alteration and
will contain personal information you provided. You may review a
Privacy Act notice regarding our public dockets in the January 17,
2008, issue of the Federal Register (73 FR 3316).
    Docket: For access to the docket to read documents or comments
related to this TSAC meeting, go to www.regulations.gov, insert ``USCG-
2012-1058'' in the ``Search'' box and then click ``Search.''

FOR FURTHER INFORMATION CONTACT: Commander Rob Smith, USCG, TSAC
Designated Federal Officer (DFO), telephone<PHONE_NUMBER>, fax 202-372-
1926, email<EMAIL_ADDRESS>or Mr. William J. Abernathy,
Alternate Designated Federal Officer (ADFO), telephone<PHONE_NUMBER>,
fax<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have any
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: We are publishing this meeting notice under
provisions of the Federal Advisory Committee Act (FACA), 5 U.S.C. App.
(Pub. L. 92-463). The Towing Safety Advisory Committee provides advice
and recommendations to the Department of Homeland Security on matters
relating to shallow-draft inland and coastal waterway navigation and
towing safety. See 33 U.S.C. 1231a.

Agenda of Meeting

    The agenda for January 16, 2013 includes:
    (1) Presentation and discussion of reports by the subcommittees:
    (a) Prevention of Crewmember Falls Overboard (Task Statement 12-
01),
    (b) Voluntary Entry-Level Training Standards on Towing Vessels
(Task Statement 12-02),
    (c) Enhancement of Towing Vessel Operational Stability (Task
Statement 12-03),
    (d) Standards for Mobile Vapor Control Systems (Task Statement 12-
04), and
    (e) Review of Fire Casualties onboard Towing Vessels (Task
Statement 12-05).
    (2) Receive new tasking in the following areas:
    (a) Development of manning policy for towing vessels operating on
international and domestic waters,

    (b) Information transfer between vessels using the Automatic
Identification System (AIS), and
    (c) Plans to improve Coast Guard Form 2692, REPORT OF MARINE
ACCIDENT, INJURY OR DEATH.
    (3) Public comment.

Public Participation

    We have scheduled the last hour of the meeting, from 3 to 4 p.m.,
for oral comments from the public. If you wish to make an oral comment,
please contact Mr. William J. Abernathy, listed in the FOR FURTHER
INFORMATION CONTACT section, either before the meeting or at the
meeting when the members of the audience are requested to state their
interest in commenting. We request that you limit your oral comments to
3 minutes. Please note that this public comment period may start before
3 p.m. if all other agenda items have been covered and may end before 4
p.m. if all of those wishing to comment have done so.
    As indicated in the DATES and ADDRESSES sections, please contact
Mr. Abernathy by January 7, 2013, if you wish to make a presentation.
If you want to submit a written comment, please do so by January 7,
2013 using one of the methods indicated in the ADDRESSES section.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the teleconference,
please contact the individuals listed in the FOR FURTHER INFORMATION
CONTACT section, as soon as possible.

Minutes

    Minutes from the meeting will be available for public review and
copying within 30 days following the meeting at the http://fido.gov/facadatabase/public.asp Web site. The meeting minutes may be accessed
via this Web site by clicking ``Explore Data'' and typing ``704'' in
the ``Committee Quick Find'' box. Once you have accessed the Committee
page, click on the meetings tab and then the ``View'' button for the
meeting dated January 16, 2013, to access the information for this
meeting. Minutes and documents applicable for this meeting can also be
found at an alternative site using the following web address: https://homeport.uscg.mil/tsac

    Dated: December 20, 2012.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2012-31135 Filed 12-26-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: July 3, 2008 (Volume 73, Number 129)]
[Notices]
[Page 38204-38205]
[DOCID:fr03jy08-51]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0884; FRL-8369-7]

Experimental Use Permit; Receipt of Revised Application

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces receipt of a revised application 264-
EUP-RUG from Bayer CropScience requesting an experimental use permit
(EUP) for Bacillus thuringiensis Cry2Ae protein and the genetic
material necessary for its production (pTEM12) in Event GHB 119 or GHB
714 cotton plants and the Bacillus thuringiensis Cry1Ab protein and the
genetic material necessary for its production (pTDL004 or pTDL008) in
Event T303-3 or T304-40 cotton plants. In some protocols, Cry 2Ae will
be used with the previously registered Bacillus thuringiensis Cry1Ab
protein. The Agency has determined that the application may be of
regional and national significance. Therefore, in accordance with 40
CFR 172.11(a), the Agency is soliciting comments on this application.

DATES: Comments must be received on or before August 4, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0884 by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0884. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://
www.regulations.gov, or, if only available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Shanaz Bacchus, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to those persons who are interested in
agricultural biotechnology or may be required to conduct testing of
pesticidal substances under the Federal Food, Drug, and Cosmetic Act
(FFDCA) or the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA). Since other entities may also be interested, the Agency has
not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

    Bayer CropScience has requested to revise the application request
for EUP 264-EUP-RUG. In the Federal Register of September 12, 2007 (72
FR 52127) (FRL-8145-4) the receipt of this EUP application was
published. This revised application updates the proposed acreages and
dates for planting and seeks to harmonize the requests of two EUPs,
264-EUP-RUG and 264-EUP-140. The proposed program will be carried out
in the States of: Alabama, Arkansas, Arizona, California, Florida,
Georgia, Louisiana, Mississippi, North Carolina, Puerto Rico, South
Carolina, Tennessee and Texas. Bayer CropScience is now proposing to
extend the experimental program until December 31, 2010 to allow for
fall planting in Puerto Rico. Details of the proposed experimental
program in accordance with EUP 264-EUP-RUG are available to the public
in electronic documents attached to the docket ID number EPA-HQ-OPP-
2007-0884 (see http://www.regulations.gov).

III. What Action is the Agency Taking?

    Following the review of the Bayer CropScience application and any
comments and data received in response to this notice, EPA will decide
whether to issue or deny the revised EUP request for this EUP program,
and if issued, the conditions under which it is to be conducted. Any
issuance of an EUP will be announced in the Federal Register.

IV. What is the Agency's Authority for Taking this Action?

    The specific legal authority for EPA to take this action is under
FIFRA section 5.

List of Subjects

    Environmental protection, Experimental use permits.

    Dated: June 25, 2008.
W. Michael McDavit,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.

[FR Doc. E8-15158 Filed 7-2-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Rules and Regulations]
[Pages 61990-61993]
[FR Doc No: 2016-21283]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6671; Directorate Identifier 2015-NM-164-AD;
Amendment 39-18643; AD 2016-18-12]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Model A300 B4-203 and A300 B4-2C airplanes. This AD was prompted
by cracks found on pylon side panels (upper section) at rib 8. This AD
requires a detailed inspection for crack indications of the pylon side
panels; a high frequency eddy current (HFEC) inspection to confirm any
crack indications; and repair of any cracking, or modification of the
pylon side panels, and repetitive inspections and repair if necessary.
We are issuing this AD to detect and correct cracking of the pylon side
panels. Such cracking could result in pylon structural failure and in-
flight loss of an engine.

DATES: This AD is effective October 13, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 13,
2016.

ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email<EMAIL_ADDRESS>Internet
http://www.airbus.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6671.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6671; 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 (telephone
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Airbus Model A300
B4-203 and A300 B4-2C airplanes. The NPRM published in the Federal
Register on May 23, 2016 (81 FR 32256) (``the NPRM''). The NPRM was
prompted by cracks found on pylon side panels (upper section) at rib 8.
The NPRM proposed to require a detailed inspection for crack
indications of the pylon side panels; an HFEC inspection to confirm any
crack indications; and repair of any cracking, or modification of the
pylon side panels, and repetitive inspections and repair if necessary.
We are issuing this AD to detect and correct

cracking of the pylon side panels. Such cracking could result in pylon
structural failure and in-flight loss of an engine.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2015-0201, dated October 7, 2015 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Airbus Model
A300 B4-203 and A300 B4-2C airplanes. The MCAI states:

    Cracks were found on pylon side panels (upper section) at rib 8
on Airbus A300, A310 and A300-600 aeroplanes equipped with General
Electric engines. Investigation of these findings indicated that
this problem was likely to also affect aeroplanes of this type
design with other engine installations.
    This condition, if not detected and corrected, could lead to
reduced strength of the pylon primary structure, possibly resulting
in pylon structural failure and in-flight loss of an engine.
    Prompted by these findings, EASA issued AD 2008-0181 [which
corresponded to FAA AD 2010-06-04, Amendment 39-16228 (75 FR 11428,
March 11, 2010; corrected May 4, 2010 (75 FR 23572))] to require
repetitive detailed visual inspections and, depending on aeroplane
configuration and/or findings, the accomplishment of applicable
corrective action(s).
    Since that [EASA] AD 2008-0181 was issued, a fleet survey and
updated Fatigue and Damage Tolerance analyses have been performed in
order to substantiate the second A300-600 Extended Service Goal
(ESG2) exercise. The results of these analyses have shown that the
risk for these aeroplanes is higher than initially determined and
consequently, the threshold and interval were reduced to allow
timely detection of these cracks and the accomplishment of
applicable corrective action(s).
    Consequently, EASA AD 2013-0136 was published to supersede EASA
AD 2008-0181 and to require the inspections to be accomplished
within reduced thresholds and intervals. Afterwards, [EASA] AD 2013-
0136 was mistakenly revised [EASA AD 2013-0136R1 corresponds to FAA
AD 2015-26-06, Amendment 39-18354 (81 FR 1870 January 14, 2016)] to
reduce the Applicability, because it was considered at the time that
aeroplanes on which Airbus mod 03599 was embodied, were not
concerned by the requirements of EASA AD 2013-0136.
    Since EASA AD 2013-0136R1 was issued, a more thorough analysis
determined that post-mod 03599 aeroplanes could be affected by this
unsafe condition after all.
    [During] further deeper review, a list of nineteen A300
aeroplanes was identified as missing in the [EASA] AD 2013-0136R1
applicability (aeroplanes post-mod 03599).
    For the reasons described above this AD retains the requirements
of EASA AD 2013-0136R1 and mandates these requirements for the 19
missing A300 aeroplanes MSNs [manufacturer serial numbers].

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6671.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed, except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A300-54-0075, Revision 04, dated
May 26, 2015. The service information describes procedures for an
inspection for crack indications of the pylons, a HFEC inspection to
confirm cracking, modification of the pylon side panels, and repair if
necessary.
    Airbus has also issued Service Bulletin A300-54-0081, dated August
11, 1993. This service information describes installation of a doubler
on the left pylon 1 and right pylon 2, on pylon side panels (upper
section) at Rib 8.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 4 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                Action                        Labor cost            Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Inspection of the pylon side panels..  30 work-hours x $85 per  $2,550 per inspection    $10,200 per inspection
                                        hour = $2,550 per        cycle.                   cycle.
                                        inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that
would be required based on the results of the inspection. We have no
way of determining the number of airplanes that might need this repair.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                Action                        Labor cost               Parts cost            Cost per product
----------------------------------------------------------------------------------------------------------------
Crack repair.........................  56 work-hours x $85 per  $3,910 per repair......  $8,670 per repair.
                                        hour = $4,760 per
                                        repair.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2016-18-12 Airbus: Amendment 39-18643; Docket No. FAA-2016-6671;
Directorate Identifier 2015-NM-164-AD.

(a) Effective Date

    This AD is effective October 13, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A300 B4-203 and A300 B4-2C
airplanes, certificated in any category, manufacturer serial numbers
210, 212, 218, 220, 227, 234, 235, 236, 239, 247, 255, 256, 259,
261, 274, 277, 292, 299, and 302.

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
Pylons.

(e) Reason

    This AD was prompted by cracks found on pylon side panels (upper
section) at rib 8. We are issuing this AD to detect and correct
cracking of the pylon side panels. Such cracking could result in
pylon structural failure and in-flight loss of an engine.

(f) Compliance

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

(g) Detailed Inspection of Pylons and Corrections

    At the applicable time specified in Airbus Service Bulletin
A300-54-0075, Revision 04, dated May 26, 2015: Do a detailed
inspection for crack indications of the pylons 1 and 2 side panels
(upper section) at rib 8, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A300-54-0075, Revision 04,
dated May 26, 2015.

(h) Crack Confirmation

    If any crack indication is found during the inspection required
by paragraph (g) of this AD: Before further flight, do a high
frequency eddy current (HFEC) inspection to confirm the crack, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A300-54-0075, Revision 04, dated May 26, 2015.

(i) Follow-on Actions for No Crack/Indication

    If the inspection required by paragraph (g) of this AD reveals
no crack indication, or if the HFEC inspection specified by
paragraph (h) of this AD confirms no crack: Do the actions specified
in either paragraph (i)(1) or (i)(2) of this AD.
    (1) Repeat the inspection required by paragraph (g) of this AD
at the applicable time specified in Airbus Service Bulletin A300-54-
0075, Revision 04, dated May 26, 2015.
    (2) At the applicable time specified in Airbus Service Bulletin
A300-54-0081, dated August 11, 1993: Modify the pylons, in
accordance with Airbus Service Bulletin A300-54-0081, dated August
11, 1993. Thereafter, repeat the HFEC inspection specified in
paragraph (h) of this AD at the applicable interval specified in
Airbus Service Bulletin A300-54-0075, Revision 04, dated May 26,
2015, and repair any crack before further flight using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA); or Airbus's EASA Design Organization Approval (DOA).

(j) Follow-on Actions for Crack Findings

    If any crack is confirmed during the inspection required by
paragraph (h) of this AD, repair before further flight using a
method approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; or EASA; or Airbus's EASA DOA.

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (g), (h), (i), and (j) of this AD, if those actions were
performed before the effective date of this AD using the service
information specified in paragraphs (k)(1) through (k)(4) of this
AD.
    (1) Airbus Service Bulletin A300-54-0075, dated August 11, 1993,
which was incorporated by referenced in AD 2010-06-04, Amendment 39-
16228 (75 FR 11428, March 11, 2010); corrected May 4, 2010 (75 FR
23572).
    (2) Airbus Service Bulletin A300-54-0075, Revision 01, dated
November 9, 2007.
    (3) Airbus Service Bulletin A300-54-0075, Revision 02, dated
June 26, 2008.
    (4) Airbus Service Bulletin A300-54-0075, Revision 03, dated
March 27, 2013.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office. The AMOC approval letter must
specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA;
or Airbus's EASA DOA. If approved by the DOA, the approval must
include the DOA-authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2015-0201, dated October 7,
2015, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2016-6671.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraph (n)(3) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A300-54-0075, Revision 04, dated May
26, 2015.

    (ii) Airbus Service Bulletin A300-54-0081, dated August 11,
1993.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. You may view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 25, 2016.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-21283 Filed 9-7-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Rules and Regulations]
[Pages 53827-53829]
[FR Doc No: 2011-22072]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0528]
RIN 1625-AA00

Safety Zone; Big Sioux River From the Military Road Bridge North
Sioux City to the Confluence of the Missouri River, SD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; change of effective period.

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

SUMMARY: The Coast Guard is extending the effective period for the
temporary safety zone restricting navigation on the Big Sioux River
from the Military Road Bridge in North Sioux City, South Dakota to the
confluence of the Missouri River and extending the entire width of the
river. Temporary section 33 CFR 165.T11-0511, which established the
temporary safety zone, was set to expire August 30, 2011. Extending the
effective period for this safety zone provides continued and
uninterrupted protection of levees and personnel involved in ongoing
high water response. Continuing the safety zone will significantly
reduce the threat of destruction to levees. Additionally, to avoid
duplicative temporary section numbers, section 33 CFR 165.T11-0511 is
redesignated as 33 CFR 165.T11-0528.

DATES: The temporary safety zone added at 76 FR 38013, June 29, 2011,
effective from June 2, 2011 until August 30, 2011, will continue in
effect through October 31, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0528 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0528 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, 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.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice, call or e-mail Lieutenant Commander (LCDR) Scott Stoermer,
Sector Upper Mississippi River, Coast Guard at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. This rule extends the existing
temporary safety zone on the Big Sioux River from the Military Road
Bridge in North Sioux City, SD at 42.52 degrees North, 096.48 degrees
West longitude to the confluence of the Missouri River at 42.49 degrees
North, 096.45 degrees West longitude and extending the entire width of
the river, which is currently set to expire on August 30, 2011. This
extension is necessary to continue uninterrupted protection of levees
and personnel involved in ongoing high water response.
    Failing to extend the effective dates for this rule pending
completion of notice and comment rulemaking is impracticable and
contrary to the public interest because it would cause a gap in the
ability to enforce the needed safety zone for protection of all
responders, the response efforts, and the environment. For the same
reasons, 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.

Basis and Purpose

    The safety zone in place pursuant to the Temporary Final Rule at
docket USCG-2011-0528 (76 FR 38013, June 29, 2011) established a
temporary safety zone for the flooding on the Big Sioux River from June
2, 2011 through August 30, 2011. The safety zone was enforced through
actual notice from June 2, 2011 until June 28, 2011. The rule published
in the Federal Register on June 29, 2011 to ensure seamless protection
of those involved in the response efforts. This rule extends the
existing temporary safety zone on the Big Sioux River from the Military
Road Bridge in North Sioux City to the confluence of the Missouri River
and extending the entire width of the river, which is currently set to
expire on August 30, 2011. The temporary safety zone created by this
rule ensures that there is no gap in authority to protect all
responders, and levees.

Discussion of Rule

    The Coast Guard is extending the effective date of a safety zone
encompassing the Big Sioux River from the Military Road Bridge in North
Sioux City, South Dakota at 42.52 degrees North, 096.48 degrees West
longitude to the confluence of the Missouri River at 42.49 degrees
North, 096.45 degrees West longitude and extending the entire width of
the river.
    During enforcement periods, vessels and tows may not enter this
zone unless authorized by the Captain of the Port Sector Upper
Mississippi River. Emergency response boats or vessels may enter these
waters when responding to emergent situations on or near the river. The
Captain of the Port Sector Upper Mississippi River will inform the
public through broadcast notices to mariners and/or marine safety
information bulletins when enforcement periods are in place and of all
safety zone changes. When enforcement is implemented, vessels currently
in the safety zone will be provided opportunity to safely exit the
restricted area.
    Additionally, the 33 CFR section number assigned to this temporary
safety zone has the same 33 CFR section number as an existing temporary
safety zone added by USCG-2011-0511 (76 FR 37649, June 28, 2011). To
avoid duplicative temporary section numbers, section 33 CFR 165.T11-
0511 associated with this safety zone in place pursuant to the
temporary final rule at docket USCG-2011-0528 (76 FR 38013, June 29,
2011) is redesignated as 33 CFR 165.T11-0528.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders.
    Notifications to the marine community will be made through
broadcast notices to mariners and/or

marine safety information bulletins. Vessels requiring entry into or
passage through the Safety Zone may request permission from the Captain
of the Port Sector Upper Mississippi, or a designated representative
and entry will be evaluated on a case-by-case basis to minimize impact
and protect the general public, levee system, vessels from destruction,
and loss or injury due to the hazards associated with flood water. The
impacts on routine navigation are expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
    This Safety Zone is not expected to have a significant economic
impact on a substantial number of small entities because vessels may
request permission to transit the area from the Captain of the Port
Sector Upper Mississippi, or a designated representative, for passage
through the Safety Zone. Passage through the safety zone will be
evaluated on a case-by-case basis to minimize impact and protect the
general public, levee system, vessels from destruction, and loss or
injury due to the hazards associated with flood water. If you are a
small business entity and are significantly affected by this
regulation, please contact LCDR Scott Stoermer, Sector Upper
Mississippi River, Coast Guard at<PHONE_NUMBER>.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction, from further environmental documentation since
implementation of this action will not result in any significant
cumulative

impacts on the human environment; does not involve a substantial change
to existing environmental conditions; and is consistent with Federal,
State, and/or local laws or administrative determinations relating to
the environment. This rule involves establishing a temporary safety
zone.
    Pursuant to paragraph (34)(g) of the Instruction, an environmental
checklist and a categorical exclusion checklist are available in the
docket indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--SAFETY ZONES

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

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

0
2. Redesignate section 165.T11-0511 temporarily added at 76 FR 38013,
June 29, 2011, as section 165.T11-0528, effective from June 2, 2011 to
August 30, 2011, and will continue in effect through October 31, 2011.

    Dated: August 18, 2011.
B.L. Black,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2011-22072 Filed 8-29-11; 8:45 am]
BILLING CODE 9110-04-P