[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)]
[Notices]
[Page 37285]
[FR Doc No: 2017-16722]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Sixty Sixth RTCA SC-186 Automatic Dependent Surveillance--
Broadcast Plenary Meeting

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

ACTION: Sixty sixth RTCA SC-186 Automatic Dependent Surveillance--
Broadcast Plenary Meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of Sixty sixth RTCA SC-186 Automatic Dependent Surveillance--
Broadcast Plenary Meeting. SC-186 is a subcommittee of RTCA.

DATES: August 22, 2017, 12:00 p.m.-1:00 p.m. EDT.

ADDRESSES: The meeting will be held as a virtual meeting only.

FOR FURTHER INFORMATION CONTACT: Al Secen at<EMAIL_ADDRESS>or 202-
330-0647, or The RTCA Secretariat, 1150 18th Street NW., Suite 910,
Washington, DC 20036, or by telephone at<PHONE_NUMBER>, fax at (202)
833-9434, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of the Sixty sixth RTCA SC-186 Automatic
Dependent Surveillance--Broadcast Plenary Meeting. The agenda will
include the following:

Tuesday, August 22, 2017
    (1) Chairman's Introductory Remarks
    (2) Review of Meeting Agenda
    (3) Review/Approval of the Sixty-Fifth Meeting Summary
    (4) Approval of Terms of Reference Updates
    (5) Adjourn

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on August 3, 2017.
Mohannad Dawoud,
Management & Program Analyst, Partnership Contracts Branch, ANG-A17,
NextGen, Procurement Services Division, Federal Aviation
Administration.
[FR Doc. 2017-16722 Filed 8-8-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Proposed Rules]
[Pages 20582-20585]
[FR Doc No: 2012-8197]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0166; FRL-9655-6]

Approval and Promulgation of Implementation Plans; State of
Florida: New Source Review Prevention of Significant Deterioration:
Nitrogen Oxides as a Precursor to Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve changes to the Florida State
Implementation Plan (SIP), submitted by the Florida Department of
Environmental Protection (FDEP) through the Division of Air Resource
Management to EPA in two separate SIP revisions on October 19, 2007,
and July 1, 2011. These SIP revisions modify Florida's New Source
Review (NSR) Prevention of Significant Deterioration (PSD) program to
address requirements promulgated in the 1997 8-hour ozone national
ambient air quality standards (NAAQS) Implementation Rule NSR Update
Phase II (hereafter referred to as the ``Ozone Implementation NSR
Update'' or ``Phase II Rule'') recognizing nitrogen oxide
(NOX) as an ozone precursor, among other requirements. In
addition, both SIP revisions make corrective and clarifying changes to
Florida's regulations. EPA is proposing approval of both SIP revisions
because the Agency has preliminarily determined that the changes are in
accordance with the Clean Air Act (CAA or Act) and EPA regulations
regarding NSR permitting.

DATES: Comments must be received on or before May 7, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0166, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: EPA-R04-OAR-2012-0166, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2012-0166.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at 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 through
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The www.regulations.gov Web site 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 email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public 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. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 electronically in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.

FOR FURTHER INFORMATION CONTACT: For information regarding the Florida
SIP, contact Ms. Twunjala Bradley, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. Telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>For information regarding NSR,
contact Ms. Yolanda Adams, Air Permits Section, at the same address
above. Telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>For information regarding 8-hour ozone NAAQS,
contact Ms. Jane Spann, Regulatory Development Section, at the same
address above. Telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is EPA proposing?
II. What is the background for EPA's proposed action?
    A. What is the NSR program?
    B. What are the NSR requirements for the Phase II rule?
III. What is EPA's analysis of Florida's SIP revisions?
IV. Proposed action
V. Statutory and Executive Order Reviews

I. What action is EPA proposing?

    On October 19, 2007, and July 1, 2011, FDEP submitted revisions to
EPA for approval into the Florida SIP to adopt federal requirements for
NSR permitting promulgated in the Phase II Rule. Florida's October 19,
2007, SIP revision makes changes to the State's Air Quality Regulations
at Chapter 62-210, Florida Administrative Code (F.A.C.), Stationary
Sources--General Requirements, Section 200--Definitions (rule 62-
210.200), and Chapter 62-212, F.A.C., Stationary Sources--
Preconstruction Review, Section 400--Prevention of Significant
Deterioration (rule 62-210.400). Florida's July 1, 2011,\1\ SIP
revision also makes changes at Chapter 62-210, F.A.C., to adopt PSD
provisions promulgated in the Phase II Rule. Specifically, both SIP
revisions propose to amend the State's PSD regulations to establish
that PSD permit applicants must identify NOX as an ozone
precursor as established in the Phase II Rule. Lastly, both SIP
revisions make corrective and clarifying changes to Florida's rules at
Chapters 62-210 and 62-212, F.A.C. Pursuant to section 110 of the CAA,
EPA is proposing to approve these changes into the Florida SIP.
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    \1\ Florida's July 1, 2011, revision also makes additional
changes to Chapters 62-210, 212 and 296, F.A.C. which will be
addressed in a separate rulemaking.
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    Florida's October 19, 2007, SIP submission also made changes to
rule 62-212.400(11), F.A.C., regarding applicable public participation
requirements for PSD permitting. However, because Florida's subsequent
July 1, 2011, SIP revision made further revisions to this public
participation provision, EPA is not taking action to approve Florida's
October 19, 2007, revision to rule 62-212.400(11), F.A.C. Instead, EPA
is proposing to approve the revisions to rule 62-212.400(11), F.A.C.,
included in Florida's July 1, 2011, SIP revision.

II. What is the background for EPA's proposed action?

A. What is the NSR program?

    The CAA NSR program is a preconstruction review and permitting
program applicable to certain new and modified stationary sources of
air pollutants regulated under the CAA. The program includes a
combination of air quality planning and air pollution control
technology requirements. The CAA NSR program is comprised of three
separate programs: PSD, nonattainment NSR (NNSR), and minor NSR. PSD is
established in Part C of title I of the CAA and applies in areas that
meet the NAAQS--``attainment areas''--as well as areas where there is
insufficient information to determine if the area meets the NAAQS--
``unclassifiable areas.'' The NNSR program is established in Part D of
title I of the CAA and applies in areas that are not in attainment of
the NAAQS--``nonattainment areas.'' The minor NSR program addresses
construction or modification activities that do not qualify as
``major'' and applies regardless of the designation of the area in
which a source is located. Together, these programs are referred to as
NSR programs. EPA regulations governing the implementation of these
programs are contained in 40 CFR 51.160 through .166; 40 CFR 52.21
through .24; and, part 51, appendix S.
    Section 109 of the CAA requires EPA to promulgate a primary NAAQS
to protect public health and a secondary NAAQS to protect public
welfare. Once EPA sets those standards, states must develop, adopt, and
submit a SIP to EPA for approval that includes emission limitations and
other control measures to attain and maintain the NAAQS. See CAA
section 110, 42 U.S.C. 7410. Pursuant to section 110(a)(2)(C) of the
CAA, each SIP is required to include a preconstruction review program
for the construction and modification of any stationary source of air
pollution to assure the maintenance of the NAAQS.

B. What are the NSR requirements for the Phase II Rule?

    Today's proposed action on the Florida SIP relates to EPA's Phase
II Rule. See 70 FR 71612 (November 29, 2005). On July 18, 1997, EPA
promulgated a revised 8-hour ozone NAAQS of 0.08 parts per million--
also referred to as the 1997 8-hour ozone NAAQS. On April 30, 2004, EPA
designated areas as attainment, nonattainment and unclassifiable for
the 1997 8-hour ozone NAAQS. As part of the framework to implement the
1997 8-hour ozone NAAQS, EPA promulgated an implementation rule in two
phases. Phase I of EPA's 1997 8-hour ozone implementation rule (Phase I
Rule), published on April 30, 2004, effective on June 15, 2004,
provided the implementation requirements for designating areas under
subpart 1 and subpart 2 of the CAA (69 FR 23951).
    On November 29, 2005, EPA promulgated the second phase for
implementation provisions related to the 1997 8-hour ozone NAAQS--also

known as the Phase II Rule (70 FR 71612). The Phase II Rule addressed
control and planning requirements as they applied to areas designated
nonattainment for the 1997 8-hour ozone NAAQS such as reasonably
available control technology, reasonably available control measures,
reasonable further progress, modeling and attainment demonstrations and
NSR, and the impact to reformulated gas for the 1997 8-hour ozone NAAQS
transition. The Phase II Rule requirements include, among other
changes, a provision stating that NOX is an ozone precursor.
See 70 FR 71612, 71679. In the Phase II Rule, EPA stated as follows:

    The EPA has recognized NOX as an ozone precursor in
several national rules because of its contribution to ozone
transport and the ozone nonattainment problem. The EPA's recognition
of NOX as an ozone precursor is supported by scientific
studies, which have long recognized the role of NOX in
ozone formation and transport. Such formation and transport is not
limited to nonattainment areas. Therefore, we believe NOX
should be treated consistently as an ozone precursor in both our PSD
and nonattainment NSR regulations. For these reasons, we have
promulgated final regulations providing that NOX is an
ozone precursor in attainment areas.

    The Phase II Rule made changes to federal regulations at 40 CFR
51.165 and 51.166 (which governs the NNSR and PSD permitting programs
respectively). The changes made to the PSD federal regulations at 40
CFR 52.21 recognizing NOX as an ozone precursor included
changes to the definitions for ``major stationary source'' (40 CFR
52.21(b)(1)), ``major modification'' (40 CFR 52.21(b)(2)),
``significant'' (for significant emissions rate) (at 40 CFR
52.21(b)(23)(i)), ``regulated NSR pollutant'' (40 CFR 52.21(b)(50)),
and the addition of a footnote at 40 CFR 52.21(i)(5)(i)(f) establishing
the requirement for ambient air impact analysis. The Phase II rule also
made other revisions to the NSR program; however, only the addition of
NOX as a precursor for ozone is relevant to today's action.
    Pursuant to these requirements, states were required to submit SIP
revisions adopting the relevant federal requirements of the Phase II
Rule (at 40 CFR 51.165, 51.166 and 52.21) into their SIP no later than
June 15, 2007. On October 19, 2007, and July 1, 2011, Florida submitted
SIP revisions (the subject of this action) to adopt the relevant PSD
provisions at 40 CFR 52.21 into the Florida SIP to be consistent with
federal regulations for NSR permitting purposes promulgated in the
Phase II Rule.

III. What is EPA's analysis of Florida's SIP revisions?

    Florida currently has a SIP-approved NSR program for new and
modified stationary sources. FDEP's PSD related definitions and
preconstruction rules are found at 62-210.200, F.A.C, and 62-212.400,
F.A.C. These rules apply to major stationary sources or modifications
constructed in areas designated attainment as required under Part C of
title I of the CAA with respect to the NAAQS. The current changes to
Chapters 62-210, F.A.C., and 62-212, F.A.C., which EPA is now proposing
to approve into the Florida SIP, were submitted to update the existing
Florida regulations to be consistent with the federal PSD requirements,
promulgated in the Phase II Rule.
    Florida's October 19, 2007, SIP revision, which became state
effective July 16, 2007, revised Chapters 62-210, F.A.C., and 62-212,
F.A.C., to establish NOX as an ozone precursor in the
Florida SIP. Specifically for rule 62-210.200, F.A.C., the SIP revision
changed the definitions for ``major stationary source,'' ``significant
emissions rate'' (or ``significant'' at 40 CFR 52.21(b)(23)(i)), and
``PSD pollutant'' \2\ (Florida's equivalent to the federal term
``regulated NSR pollutant'' at 40 CFR 52.21(b)(50)) to include the term
``nitrogen oxides.'' Florida defines ``PSD Pollutant'' at rule 62-
210.200, F.A.C., as ``any pollutant listed as having a significant
emissions rate.'' Florida's October 19, 2007, SIP revision (the subject
of this action) amends the definition of ``significant emissions rate''
to adopt the Phase II Rule provisions by listing NOX for the
pollutant ``ozone.'' In doing so, Florida's definition of ``PSD
pollutant'' is also amended to establish NOX as an ozone
precursor. The changes at rule 62-212.400, F.A.C., also addressed the
inclusion of ``nitrogen oxides'' in the footnote at 62-
212.400(3)(e)1.e., (as amended at 40 CFR 52.21(i)(5)(i)(f)) regarding
air quality level for ozone. The rule at 40 CFR 52.21(i)(5)(i)(f)
establishes that there is no de minimis air quality level for ozone,
however any source subject to PSD with a net increase of 100 tons per
year or more of volatile organic compounds or NOX is
required to perform an ambient impact analysis. Florida's October 19,
2007, SIP revision also makes clarifying and corrective changes to rule
62-212.400, F.A.C. First, FDEP amends the subsection entitled ``General
Prohibitions'' at rule 62-212.400(1) by replacing the term
``Prohibitions'' with the term ``Provisions.'' Second, FDEP includes
language at rule 62-212.400(1)(c) and 62-212.720--Actuals Plantwide
Applicability Limits (PALs), to clarify that the term ``Administrator''
in 40 CFR 52.21 shall mean ``Department'' when applying the portions of
the federal rule cited from within the FDEP rules.
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    \2\ On, June 27, 2008 (73 FR 36435), EPA took final action to
approve a February 3, 2006, Florida SIP revision to adopt the
provisions promulgated in the 2002 NSR Reform Rule. See 67 FR 80186.
In the June 27, 2008, final rulemaking, EPA approved Florida's
definition of ``PSD Pollutant'' as an equivalent to the federal term
``regulated NSR pollutant'' into the Florida SIP. As part of its
February 3, 2006, SIP revision to adopt the NSR Reform provisions,
Florida provided an equivalency demonstration that addressed how the
State's definition of ``PSD pollutant'' was comparable to the
federal term ``regulated NSR pollutant.'' EPA's June 27, 2008,
rulemaking also conditionally approved portions of Florida's PSD
program that were not consistent with federal PSD regulations
(including the definition for significant emissions rate). On June
17, 2009, in response to the conditional approval, FDEP submitted a
SIP revision to revise portions of its PSD program to be consistent
with the federal PSD regulations. EPA took final action to approve
this revision on April 12, 2011, which converted the State's PSD
program from conditional to full approval. See 76 FR 20239.
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    Florida's July 1, 2011, SIP revision, which became state effective
October 12, 2008, revised the definition for ``major modification'' to
be consistent with the definition promulgated in the Phase II Rule to
include NOX as an ozone precursor. In addition, the July 1,
2011, SIP revision corrected an administrative error in the definition
of ``major modification'' by replacing the term ``PSD pollutant'' with
``regulated air pollutant'' at rule 62-210.200(186)(d), F.A.C. Lastly,
the July 1, 2011, SIP revision revises the public participation
provision at 62-212.400(11), F.A.C., to clarify that the applicable
public notice and participation provisions can be found at 62-210.350,
F.A.C., and 62-110.106, F.A.C., to satisfy the federal public
participation requirements. As described earlier, Florida's October 19,
2007, SIP submission also made changes to rule 62-212.400(11), F.A.C.,
regarding applicable public participation requirements for PSD
permitting. However, Florida's July 1, 2011, SIP revision made further
changes to the public participation provision at rule 62-212.400(11),
F.A.C., and therefore, EPA is not taking action to approve Florida's
October 19, 2007, revision to rule 62-212.400(11), F.A.C. Instead, EPA
is proposing to approve the revision to rule 62-212.400(11), F.A.C.,
included in Florida's July 1, 2011, SIP revision.
    As part of its review of the Florida SIP revisions, EPA performed a
line-by-line

review of the proposed SIP revisions including the provision that may
differ from the federal rules, and determined that they are consistent
with the program requirements for NSR, set forth at 40 CFR 51.166.
States may meet the requirements of 40 CFR part 51 and the Phase II
Rules with alternative but equivalent regulations.

IV. Proposed Action

    EPA is proposing to approve Florida's October 19, 2007, and July 1,
2011, SIP revisions adopting federal regulations amended in the Phase
II Rule recognizing NOx as an ozone precursor into the Florida SIP and
making clarifying and corrective changes at Chapters 62-210 and 62-212,
F.A.C. EPA has made the preliminary determination that these SIP
revisions are approvable because it is in accordance with the CAA and
EPA regulations regarding NSR permitting.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Oxides of nitrogen, Recordkeeping and reporting,
Volatile organic compounds.

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

    Dated: March 23, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012-8197 Filed 4-4-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Proposed Rules]
[Pages 43454-43456]
[FR Doc No: 2021-16679]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0543; Project Identifier AD-2021-00353-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 737-200 and -200C series
airplanes. This proposed AD was prompted by reports of nuisance stick
shaker activation while the airplane was accelerating to cruise speed
at the top of a climb. Investigation revealed the cause of the
activation was the angle of attack (AOA) (also known as angle of
airflow) sensor vanes had frozen and malfunctioned due to insufficient
heat in certain AOA sensors to prevent ice buildup. This proposed AD
would require inspecting the AOA sensors for certain part numbers or
vane shapes, and replacing any affected AOA sensor with a new or
serviceable sensor. The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by September
23, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this referenced service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0543.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0543; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Jeffrey W. Palmer, Aerospace Engineer,
Systems and Equipment Section, FAA, Los Angeles ACO Branch, 3960
Paramount Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax:
562-627-5210; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0543; Project Identifier
AD-2021-00353-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Jeffrey W. Palmer, Aerospace Engineer, Systems and Equipment Section,
FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA
90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    The FAA has received reports of nuisance stick shaker activation
while the airplane was accelerating to cruise speed at the top of a
climb. Investigation revealed the cause of the activation was the AOA
sensor vanes had frozen and malfunctioned due to insufficient heat in
certain AOA sensors to prevent ice buildup. This condition could be
caused by heavy moisture conditions on the ground, leading to water
entering the AOA vane pivot and freezing prior to or during flight. It
was determined that the potential for AOA vane pivot freezing exists on
certain AOA sensors having part numbers used on Model 737-200
airplanes. This condition, if not addressed, could result in the AOA
sensor vanes being immobilized, which could result in unreliable or
inaccurate AOA sensor data being transmitted to airplane systems, and
consequent loss of control of the airplane.

FAA's Determination

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

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Service Bulletin 737-27A1324, dated

March 2, 2021. This service information specifies procedures for doing
a general visual inspection of the left and right side AOA sensor vane
shape, or inspecting the left and right AOA sensors to determine the
part number, and replacing any affected AOA sensor with a new or
serviceable sensor.
    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 ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions identified
as ``RC'' (required for compliance) in the Accomplishment Instructions
of Boeing Alert Service Bulletin 737-27A1324, dated March 2, 2021,
already described, except for any differences identified as exceptions
in the regulatory text of this proposed AD. For information on the
procedures and compliance times, see this service information at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0543.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 11 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection............................  1 work-hour x $85 per                 $0             $85            $935
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
proposed inspection. The agency has no way of determining the number of
aircraft that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement...................................  3 work-hours x $85 per hour =            $54,000         $54,255
                                                 $255.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2021-0543; Project Identifier AD-
2021-00353-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by September 23, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-200 and -200C
series airplanes, certificated in any category, as identified in
Boeing Alert Service Bulletin 737-27A1324, dated March 2, 2021.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
Control System.

(e) Unsafe Condition

    This AD was prompted by reports of nuisance stick shaker
activation while the airplane was accelerating to cruise speed at
the top of a climb. Investigation revealed the cause of the
activation was the angle of attack (AOA) (also known as angle of
airflow) sensor vanes had frozen and malfunctioned due to
insufficient heat in certain AOA sensors to prevent ice buildup. The
FAA is issuing this AD to prevent the AOA sensor vanes from being
immobilized, which could result in unreliable or inaccurate AOA
sensor data being transmitted to airplane systems, and consequent
loss of control of the airplane.

(f) Compliance

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

(g) Required Actions for Group 2 Airplanes

    For airplanes identified as Group 2 in Boeing Alert Service
Bulletin 737-27A1324, dated March 2, 2021: Within 120 days after the
effective date of this AD, inspect the AOA sensor, using a method
approved in accordance with the procedures specified in paragraph
(j) of this AD.

(h) Required Actions for Group 1 Airplanes

    Except as specified in paragraph (i) of this AD: At the
applicable times specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 737-27A1324, dated March 2, 2021, do
all applicable actions identified as ``RC'' (required for
compliance) in, and in accordance with, the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-27A1324, dated
March 2, 2021.

(i) Exception to Service Information Specifications

    Where Boeing Alert Service Bulletin 737-27A1324, dated March 2,
2021, uses the phrase ``the original issue date of this service
bulletin,'' this AD requires using ``the effective date of this
AD.''

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in Related Information. Information may be
emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Los
Angeles ACO Branch, FAA, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(j)(4)(i) and (ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(k) Related Information

    (1) For more information about this AD, contact Jeffrey W.
Palmer, Aerospace Engineer, Systems and Equipment Section, FAA, Los
Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-
4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on June 28, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-16679 Filed 8-6-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 211 (Friday, October 30, 2020)]
[Notices]
[Page 68863]
[FR Doc No: 2020-24102]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 539-015]

Lock 7 Hydro Partners, LLC; Notice of Intent To Waive Part of the
Pre-Filing Three Stage Consultation Process

    a. Type of Application: New Major License.
    b. Project No.: 539-015.
    c. Date Filed: April 30, 2020.
    d. Applicant: Lock 7 Hydro Partners, LLC (Lock 7 Hydro).
    e. Name of Project: Mother Ann Lee Hydroelectric Station Water
Power Project.
    f. Location: The project is located on the Kentucky River in
Mercer, Jessamine, and Garrard Counties, Kentucky. The project does not
occupy federal land.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825 (r).
    h. Applicant Contact: David Brown Kinloch, Lock 7 Hydro, 414 S
Wenzel St., Louisville, Kentucky 40204;<PHONE_NUMBER> or
<EMAIL_ADDRESS>    i. FERC Contact: Joshua Dub at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. In a letter filed September 28, 2020, Lock 7 Hydro requested to
waive pre-filing consultation sections 16.8(c)(4-9), which require
distribution and consultation on a draft license application.
    In its request, Lock 7 Hydro indicated that on July 17, 2020, a
Certified Letter was sent to all relevant agencies and potentially
affected Indian tribes requesting waiver of the second stage
consultation requirements. No consulted entities expressed an objection
to the Commission granting waiver of second stage consultation. By
email dated July 22, 2020, and filed with Lock 7 Hydro's request for
waiver, the Kentucky Division of Water indicated that it had no
questions or concerns about the proposed waiver.
    Pursuant to section 16.8(e)(1) the Commission's regulations, waiver
of second stage consultation may be granted if a resource agency or
Indian tribe waives in writing compliance with consultation
requirements. Because no agencies or tribes expressed an objection to
the request for this waiver, we intend to waive the second stage
consultation requirement.

    Dated: October 26, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-24102 Filed 10-29-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 70 (Tuesday, April 12, 2022)]
[Rules and Regulations]
[Pages 21549-21551]
[FR Doc No: 2022-07709]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0097; Project Identifier MCAI-2021-01115-R;
Amendment 39-22005; AD 2022-08-02]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Helicopters Model EC 155B and EC155B1 helicopters. This AD was
prompted by a report of a discrepancy in the rotorcraft flight manual
(RFM) where the rotorcraft stay-up flying capabilities for Category B
operation were provided through performance data only, not as
airworthiness limitations that are dependent upon on the number of
passengers on board. This AD requires revising the existing RFM for
your helicopter, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective May 17, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 17,
2022.

ADDRESSES: For EASA material incorporated by reference (IBR) in this
final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; phone: +49 221 8999 000; email: [email protected]; internet:
www.easa.europa.eu. You may find the EASA material on the EASA website
at https://ad.easa.europa.eu. You may view this material at the 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>. It is also available
in the AD docket at https://www.regulations.gov by searching for and
locating Docket No. FAA-2022-0097.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0097; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
EASA AD, any comments received, and other information. The address for
Docket Operations is 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: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0225, dated October 8, 2021
(EASA AD 2021-0225), to correct an unsafe condition for all Airbus
Helicopters (formerly Eurocopter, Eurocopter France) Model EC 155 B and
EC 155 B1 helicopters.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus Helicopters
Model EC 155B and EC155B1 helicopters. The NPRM published in the
Federal Register on February 10, 2022 (87 FR 7768). The NPRM was
prompted by a report of a discrepancy in the RFM where the rotorcraft
stay-up flying capabilities for Category B operation were provided
through performance data only, not as airworthiness limitations that
are dependent upon on the number of passengers on board. The NPRM
proposed to require revising the existing RFM for your helicopter, as
specified in EASA AD 2021-0225.
    The FAA is issuing this AD to address a discrepancy in the RFM
where the rotorcraft stay-up flying capabilities for Category B
operation were provided through performance data only, not as
airworthiness limitations that are dependent upon on the number of
passengers on board, which could lead to an incorrect determination of
the stay-up flying capabilities, possibly resulting in reduced control
of the helicopter. See EASA AD 2021-0225 for additional background
information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA reviewed the relevant
data and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these helicopters. Except for minor editorial changes,
this AD is adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0225 requires amending (revising) the Limitation
Section of the applicable RFM by incorporating new weight limitations
that are dependent upon the number of passengers on board. This
material is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Differences Between This AD and the EASA AD

    EASA AD 2021-0225 requires operators to ``inform all flight crew''
of revisions to the RFM and, thereafter, to ``operate the helicopter
accordingly.'' However, this AD does not specifically require those
actions. Nonetheless, the FAA recommends that flight crews of the
helicopters listed in the applicability be made aware of the flight
manual changes.
    14 CFR 91.9 requires that no person may operate a civil aircraft
without complying with the operating limitations specified in the RFM.
Therefore, including a requirement in this AD to operate the helicopter
according to the revised RFM would be redundant and unnecessary.
Further, compliance with such a requirement in an AD would be
impracticable to demonstrate or track on an ongoing basis; therefore, a
requirement to operate the helicopter in such a manner would be
unenforceable.
    This AD allows the owner/operator (pilot) holding at least a
private pilot certificate to revise the existing RFM for your
helicopter and do the logbook entry, whereas EASA AD 2021-0225 does not
specify this. This AD requires these actions to be entered into the
aircraft records showing compliance with this AD in accordance with 14
CFR 43.9(a)(1) through (4) and 14 CFR 91.417(a)(2)(v), and the record
to be maintained as required by 14 CFR 91.417 or 135.439.

Costs of Compliance

    The FAA estimates that this AD affects 18 helicopters of U.S.
registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hours x $85 per hour = $85............................              $0              $85           $1,530
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    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) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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:

2022-08-02 Airbus Helicopters: Amendment 39-22005; Docket No. FAA-
2022-0097; Project Identifier MCAI-2021-01115-R.

(a) Effective Date

    This airworthiness directive (AD) is effective May 17, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Model EC 155B and
EC155B1 helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7600, Engine
Controls.

(e) Unsafe Condition

    This AD was prompted by a report of a discrepancy in the
Rotorcraft Flight Manual (RFM) where the rotorcraft stay-up flying
capabilities for Category B operation were provided through
performance data only, not as airworthiness limitations that are
dependent upon the number of passengers on board. The FAA is issuing
this AD to address this discrepancy in the RFM, which could lead to
an incorrect determination of the stay-up flying capabilities,
possibly resulting in reduced control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0225, dated October 8, 2021 (EASA AD 2021-0225).

(h) Exceptions to EASA AD 2021-0225

    (1) Where EASA AD 2021-0225 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where paragraph (1) of EASA AD 2021-0225 specifies to
``inform all flight crew and, thereafter, operate the helicopter
accordingly,'' this AD does not require those actions.
    (3) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0225.
    (4) Where paragraph (2) of EASA AD 2021-0225 specifies an
acceptable compliance method, replace the text ``which includes
information of equal effect to that presented'' with ``which
includes information identical to that presented.''
    (5) The action required by paragraphs (1) and (2) of EASA AD
2021-0225 may be performed by the owner/operator (pilot) holding at
least a private pilot certificate and must be entered into the
aircraft records showing compliance with this AD in accordance with
14 CFR 43.9(a)(1) through (4) and 14 CFR 91.417(a)(2)(v). The record
must be maintained as required by 14 CFR 91.417 or 135.439.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199, provided that no passengers are onboard.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k) of
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; phone:

(516) 228-7330; email: [email protected].

(l) 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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0225,
dated October 8, 2021.
    (ii) [Reserved]
    (3) For the EASA AD 2021-0225, contact Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; phone: +49 221 8999 000; email:
[email protected]; internet: www.easa.europa.eu. You may find the
EASA material on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this service information at the 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>. This material may be
found in the AD docket at https://www.regulations.gov by searching
for and locating Docket No. FAA-2022-0097.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-07709 Filed 4-11-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Notices]
[Page 69663]
[FR Doc No: 2013-27748]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13381-007]

Jonathan and Jayne Chase Troy Mills Hydroelectric Inc.; Notice of
Transfer of Exemption

    1. By letter filed October 15, 2013, Jonathan Chase informed the
Commission that the exemption from licensing for the Troy Hydroelectric
Project, FERC No. 13381, originally issued December 2, 2011,\1\ has
been transferred to Troy Mills Hydroelectric Inc. The project is
located on the Missisquoi River in Orleans County, Vermont. The
transfer of an exemption does not require Commission approval.
---------------------------------------------------------------------------

    \1\ 137 FERC ] 62,205, Order Granting Exemption From Licensing
(5 MW OR LESS).
---------------------------------------------------------------------------

    2. Troy Mills Hydroelectric Inc. is now the exemptee of the Troy
Hydroelectric Project, FERC No. 13381. All correspondence should be
forwarded to: Mr. Jonathan Chase, President, Troy Mills Hydroelectric
Inc., 361 Goodall Road, Derby Line, Vermont 05830.

    Dated: November 13, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-27748 Filed 11-19-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Proposed Rules]
[Pages 17201-17203]
[FR Doc No: 2022-06358]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0294; Project Identifier MCAI-2021-00550-R]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters Deutschland GmbH
(AHD) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK117 A-1,
MBB-BK117 A-3, MBB-BK117 A-4, MBB-BK117 B-1, MBB-BK117 B-2, MBB-BK117
C-1, MBB-BK117 C-2, and MBB-BK117 D-2 helicopters. This proposed AD was
prompted by the FAA's determination that aging of the elastomeric
material of certain tension torsion straps (TT-Straps), during the
period since manufacturing date up to first flight on a helicopter, may
affect its structural characteristics. This proposed AD would require
the replacement of certain TT-Straps, implementation of storage life
limits for TT-Straps, a prohibition on installing certain TT-Straps and
conditions for installation of certain other TT-Straps, as specified in
a European Union Aviation Safety Agency (EASA) AD, which is proposed
for incorporation by reference (IBR). The FAA is proposing this AD to
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 12,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material that is proposed for IBR in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221
8999 000; email: [email protected]; internet: www.easa.europa.eu. You
may find the EASA material on the EASA website at https://ad.easa.europa.eu. You may view this material at the 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>. The EASA material is also
available at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0294.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0294; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the EASA AD,
any comments received, and other information. The street address for
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Program Manager, COS
Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0294; Project Identifier
MCAI-2021-00550-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The

agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Kristi Bradley, Program Manager, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; phone:<PHONE_NUMBER>;
email: [email protected]. Any commentary that the FAA receives
that is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0122, dated May 6, 2021 (EASA
AD 2021-0122), to correct an unsafe condition for all Airbus
Helicopters Deutschland GmbH (AHD) (formerly Eurocopter Deutschland
GmbH, Eurocopter Hubschrauber GmbH, Messerschmitt-B[ouml]lkow-Blohm
GmbH; Airbus Helicopters Inc., formerly American Eurocopter LLC) Model
MBB-BK117 A-1, MBB-BK117 A-3, MBB-BK117 A-4, MBB-BK117 B-1, MBB-BK117
B-2, MBB-BK117 C-1, MBB-BK117 C-2, and MBB-BK117 D-2 helicopters.
    This proposed AD was prompted by a determination that aging of the
elastomeric material of certain TT-Straps, during the period since
manufacturing date up to first flight on a helicopter, may affect its
structural characteristics. The FAA is proposing this AD to address
aging of the elastomeric material of certain TT-Straps, which could
lead to premature failure of a TT-Strap, possibly resulting in loss of
control of the helicopter. See EASA AD 2021-0122 for additional
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0122 requires the replacement of certain TT-straps,
implementation of storage life limits for TT-Straps since cure date, a
prohibition on installing certain TT-Straps, and provides conditions
for installation of certain other TT-Straps. This material is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other helicopters of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0122, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2021-0122 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0122 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2021-0122 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0122. Service information referenced in EASA AD 2021-0122 for
compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0294 after the FAA final
rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 213 helicopters of U.S. Registry. Labor rates are estimated at
$85 per work-hour. Based on these numbers, the FAA estimates the
following costs to comply with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace the TT-Strap..................  5 work-hours x $85 per            $4,800          $5,225      $1,112,925
                                         hour = $425.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus Helicopters Deutschland GmbH (AHD): Docket No. FAA-2022-0294;
Project Identifier MCAI-2021-00550-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by May 12, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Deutschland GmbH (AHD)
MBB-BK117 A-1, MBB-BK117 A-3, MBB-BK117 A-4, MBB-BK117 B-1, MBB-
BK117 B-2, MBB-BK117 C-1, MBB-BK117 C-2, and MBB-BK117 D-2
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6200, Main Rotor
System.

(e) Unsafe Condition

    This AD was prompted by the FAA's determination that aging of
the elastomeric material of certain tension torsion straps (TT-
Straps), during the period since manufacturing date up to first
flight on a helicopter, may affect its structural characteristics.
The FAA is issuing this AD to address aging of the elastomeric
material of certain TT-Straps. The unsafe condition, if not
addressed, could result in premature failure of a TT-Strap, possibly
resulting in loss of control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0122, dated May 6, 2021 (EASA AD 2021-0122).

(h) Exceptions to EASA AD 2021-0122

    (1) Where EASA AD 2021-0122 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2021-0122 specifies the ``cure date'' of a TT-
Strap, the cure date can be determined using the information
provided in the service information specified in EASA AD 2021-0122,
or contacting Airbus Helicopters Deutschland GmbH for applicable
instructions. If the option of contacting Airbus Helicopters
Deutschland GmbH for instructions is chosen, those instructions must
be approved by the Manager, General Aviation & Rotorcraft Section,
International Validation Branch, FAA; or EASA; or Airbus
Helicopters' EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.
    (3) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0122.
    (4) Where the service information referenced in EASA AD 2021-
0122 specifies scrapping a part, this AD requires removing that part
from service.
    (5) Where paragraph (1) of EASA AD 2021-0122 specifies to
replace each Lord TT-Strap and Bendix TT-Strap ``in accordance with
the instructions of the applicable ASB,'' for this AD, the
replacement must be done using FAA-approved procedures.
    (6) Where EASA AD 2021-0122 refers to the airworthiness
limitations items of the airworthiness limitations section of the
aircraft maintenance manual (AMM) for the definition of service life
limit (SLL), this AD requires using the life limits specified in
paragraphs (h)(6)(i) through (iii) of this AD, as applicable.
    (i) For Bendix TT-Strap P/N 2604067 and P/N 117-14110: Before 10
years or 25,000 flight cycles on the part, whichever occurs first.
    (ii) For Lord TT-Strap P/N J17322-1 and P/N 117-14111: Before 12
years or 40,000 flight cycles on the part, whichever occurs first.
    (iii) For Lord TT-Strap P/N B622M10T1001: Before 12 years or
30,000 flight cycles on the part, whichever occurs first.
    (7) Where table 1 of EASA AD 2021-0122 specifies a compliance
time of ``During the next helicopter periodical inspection or within
2 months, whichever occurs later after the effective date of this
AD, but not exceeding the SLL,'' for this AD, the compliance time is
``Within 2 months after the effective date of this AD but not
exceeding the applicable SLL specified in paragraphs (h)(6)(i)
through (iii) of this AD.

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and
21.199, are not allowed.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k)(2) of
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    (1) For EASA AD 2021-0122, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; phone: +49 221 8999 000; email:
[email protected]; internet: www.easa.europa.eu. You may find the
EASA material on the EASA website at https://ad.easa.europa.eu. You
may view this material at the 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>. This material may be found in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0294.
    (2) For more information about this AD, contact Kristi Bradley,
Program Manager, COS Program Management Section, Operational Safety
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; phone:<PHONE_NUMBER>; email:
[email protected].

    Issued on March 22, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-06358 Filed 3-25-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Notices]
[Pages 49319-49321]
[FR Doc No: 2013-19610]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013- 0108]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of applications for exemption, request for comments.

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

SUMMARY: FMCSA announces receipt of applications from 5 individuals for
an exemption from the prohibition against persons with a clinical
diagnosis of epilepsy or any other condition which is likely to cause a
loss of consciousness or any loss of ability to operate a commercial
motor vehicle (CMV) from operating CMVs in interstate commerce. The
regulation and the associated advisory criteria published in the Code
of Federal Regulations as the ``Instructions for Performing and
Recording Physical Examinations'' have resulted in numerous drivers
being prohibited from operating CMVs in interstate commerce based on
the fact that they have had one or more seizures and are taking anti-
seizure medication, rather than an individual analysis of their
circumstances by a qualified medical examiner. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs for 2
years in interstate commerce.

DATES: Comments must be received on or before September 12, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2013-0108 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington,

DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket ID for
this Notice. Note that DOT posts all comments received without change
to http://www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on January 17, 2008 (73 FR 3316; January 17, 2008).
This information is also available at http://Docketinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Elaine Papp, Chief, Medical Programs
Division,<PHONE_NUMBER>, or via email at<EMAIL_ADDRESS>or by
letter FMCSA, Room W64-113, Department of Transportation, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001. Office hours are from
8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statutes also allow the
Agency to renew exemptions at the end of the 2-year period. The 5
individuals listed in this notice have recently requested an exemption
from the epilepsy prohibition in 49 CFR 391.41(b)(8), which applies to
drivers who operate CMVs as defined in 49 CFR 390.5, in interstate
commerce. Section 391.41(b)(8) states that a person is physically
qualified to drive a commercial motor vehicle if that person has no
established medical history or clinical diagnosis of epilepsy or any
other condition which is likely to cause the loss of consciousness or
any loss of ability to control a CMV.
    FMCSA provides medical advisory criteria for use by medical
examiners in determining whether drivers with certain medical
conditions should be certified to operate CMVs in intrastate commerce.
The advisory criteria indicate that if an individual has had a sudden
episode of a non-epileptic seizure or loss of consciousness of unknown
cause which did not require anti-seizure medication, the decision
whether that person's condition is likely to cause the loss of
consciousness or loss of ability to control a CMV should be made on an
individual basis by the medical examiner in consultation with the
treating physician. Before certification is considered, it is suggested
that a 6-month waiting period elapse from the time of the episode.
Following the waiting period, it is suggested that the individual have
a complete neurological examination. If the results of the examination
are negative and anti-seizure medication is not required, then the
driver may be qualified.
    In those individual cases where a driver had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has fully recovered from that
condition, has no existing residual complications, and is not taking
anti-seizure medication. Drivers who have a history of epilepsy/
seizures, off anti-seizure medication and seizure-free for 10 years,
may be qualified to operate a CMV in interstate commerce. Interstate
drivers with a history of a single unprovoked seizure may be qualified
to drive a CMV in interstate commerce if seizure-free and off anti-
seizure medication for a 5-year period or more.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number ``FMCSA-2013-0108'' and
click the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
``FMCSA-2013-0108'' and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

Summary of Applications

Erik Fleiner

    Mr. Fleiner is a 25 year-old class A commercial driver's license
holder in Nevada. He has a history of seizures and has remained seizure
free for at least 10 years. He takes anti-seizure medication with the
dosage and frequency remaining the same for 10 years. If granted the
exemption, he would like to continue to drive a CMV. His physician
states he is supportive of Mr. Fleiner receiving an exemption.

Gary Freeman

    Mr. Freeman is a 48 year-old class A commercial driver's license
holder in Wisconsin. He has a history of seizures and has remained
seizure free for at least 10 years. He takes anti-seizure medication
with the dosage and frequency remaining the same for over 7 years. If
granted the exemption, he would like to continue to drive large trucks
with trailers. He owns and operates a transport business and would

like to continue to drive for his business. His physician states he is
supportive of Mr. Freeman receiving an exemption.

David Kestner

    Mr. Kestner is a 28 year-old driver in Virginia. He has a history
of epilepsy and has remained seizure free for 9 years. He takes anti-
seizure medication with the dosage and frequency remaining the same for
5 years. If granted the exemption, he would like to drive a tractor
trailer. His physician states he is supportive of Mr. Kestner receiving
an exemption.

Paul G. Kane

    Mr. Kane is a 56 year-old driver in Massachusetts. He has a history
of seizures and has remained seizure free since December 2009. He takes
anti-seizure medication with the dosage and frequency remaining the
same for over 2 years. If granted the exemption, he would like to drive
a truck over 10,001 lbs. His physician states he is supportive of Mr.
Kane receiving an exemption.

Chad Smith

    Mr. Smith is a 36 year-old driver in Massachusetts. He has a
history of seizures and has remained seizure free for at least 15
years. He takes anti-seizure medication with the dosage and frequency
remaining the same for 6 years. If granted the exemption, he would like
to continue to transport automobiles from auctions to dealers. His
physician states that he is supportive of Mr. Smith receiving an
exemption.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on the exemption
applications described in this notice. We will consider all comments
received before the close of business on the closing date indicated
earlier in the notice.

    Issued on: August 6, 2013.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2013-19610 Filed 8-12-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: July 10, 2008 (Volume 73, Number 133)]
[Notices]
[Page 39755-39756]
[DOCID:fr10jy08-115]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58081; File No. SR-NASDAQ-2008-058]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
to Modify Fees for Members Using the NASDAQ Options Market

July 2, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 30, 2008, The NASDAQ Stock Market LLC (``Nasdaq'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II and III below, which Items have
been prepared substantially by Nasdaq. Nasdaq has designated this
proposal as one establishing or changing a member due, fee, or other
charge imposed by Nasdaq under Section 19(b)(3)(A)(ii) of the Act \3\
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    Nasdaq proposes to modify Rule 7050 governing pricing for Nasdaq
members using the NASDAQ Options Market (``NOM''), Nasdaq's facility
for executing and routing standardized equity and index options. Nasdaq
will implement the proposed rule change on July 1, 2008. The text of
the proposed rule change is available at http://www.complinet.com/
nasdaq, the principal offices of the Exchange, and the Commission's
Public Reference Room.

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

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Nasdaq has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    Nasdaq is proposing to modify the fees assessed for execution of
options orders entered into NOM but routed to away markets. Nasdaq
currently assesses a routing fee based upon an approximation of the
cost to Nasdaq of executing such orders at those markets. In order to
reflect Nasdaq's cost of execution at away markets, the fees are
separated by type of option (penny pilot, equity/non-penny pilot, ETF
or HLDS/non-penny pilot, and Index) and vary depending upon whether the
order is being routed for a customer, a member firm, or a registered
market maker. In addition, Nasdaq passes through surcharges that are
assessed by other markets for the execution of specific options orders
on specific underlying instruments.
    Nasdaq has determined that the superior approach is to pass through
to exchange members the actual fees assessed by away markets plus the
clearing fees for the execution of orders routed from Nasdaq. Nasdaq
has collected and organized in chart format the fees to be assessed for
routing to each destination exchange. These fees include both the
execution fees charged by the individual exchanges and also the
clearing fees associated with each execution. Nasdaq believes that
these routing fees are inherently competitive, fair and reasonable, and
non-discriminatory in that they replicate the fees assessed by away
markets executing orders routed from Nasdaq. As with all fees, Nasdaq
may adjust these routing fees in response to competitive conditions by
filing a new proposed rule change.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\5\ in general, and with Section
6(b)(4) of the Act,\6\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which Nasdaq operates or controls.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
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    Nasdaq is one of seven options markets in the national market
system for standardized options. Joining

Nasdaq and electing to trade options is entirely voluntary. Under these
circumstances, Nasdaq's fees must be competitive and low in order for
Nasdaq to attract order flow, execute orders, and grow as a market. The
various exchanges have filed these fees with the Commission and it is
reasonable for Nasdaq to pass those fees through to its members. As
such, Nasdaq believes that its fees are fair and reasonable and
consistent with the Act.

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

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. To the contrary,
Nasdaq has designed its fees to compete effectively for the execution
and routing of options contracts and to reduce the overall cost to
investors of options trading.

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

    Written comments were neither solicited nor received.

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

    The foregoing proposed rule change has been designated as a fee
change pursuant to Section 19(b)(3)(A)(ii) of the Act \7\ and Rule 19b-
4(f)(2) \8\ thereunder, because it establishes or changes a due, fee,
or other charge imposed on members by Nasdaq. Accordingly, the proposal
is effective upon filing with the Commission. At any time within 60
days of the filing of the proposed rule change, the Commission may
summarily abrogate such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act.
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    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2008-058 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-NASDAQ-2008-058.
This file number should be included on the subject line if e-mail is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-NASDAQ-2008-058 and should
be submitted on or before July 31, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Florence E. Harmon,
Acting Secretary.
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    \9\ 17 CFR 200.30-3(a)(12).
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 [FR Doc. E8-15624 Filed 7-9-08; 8:45 am]

BILLING CODE 8010-01-P