[Federal Register: February 12, 2009 (Volume 74, Number 28)]
[Proposed Rules]
[Page 7018-7021]
[DOCID:fr12fe09-18]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2008-1261; Airspace Docket No. 06-ASO-18]

Proposed Amendment and Establishment of Restricted Areas and
Other Special Use Airspace, Avon Park Air Force Range; FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to restructure the special use airspace
(SUA), consisting of restricted areas and military operations areas
(MOA), at the Avon Park Air Force Range (APAFR), Florida. The proposed
changes would provide additional restricted airspace needed for
training in high altitude weapons releases and other hazardous
activities, and would reconfigure the MOAs to contain nonhazardous
flight operations. The changes would permit more realistic training in
modern tactics to be conducted at the Range and enable more efficient
use of the National Airspace System.

DATES: Comments must be received on or before March 30, 2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue, SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone:<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2008-
1261 and Airspace Docket No. 06-ASO-18, at the beginning of your
comments. You may also submit comments through the Internet at http://
www.regulations.gov. Comments on environmental and land use aspects
should be directed to: 23rd Wing, Det 1, OLA/CEVN, Avon Park Air Force
Range Natural Resources Office, 29 South Blvd., Avon Park AFR FL 33825-
9381 (Mr. Tod Zechiel; telephone:<PHONE_NUMBER>, ext. 328).

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules
Group, Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. Comments are
also invited on the nonregulatory MOA portion of this proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2008-1261 and Airspace Docket No. 06-ASO-18) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2008-1261 and Airspace Docket No. 06-ASO-18.''
The postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person at the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Operations Support Group, Eastern Service Center,
Federal Aviation Administration, 1701 Columbia Ave., College Park, GA
30337.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

History

    The special use airspace at the Avon Park Air Force Range includes
restricted areas and MOAs. The restricted areas support a variety of
hazardous activities including both ground-based and air-delivered
weapons employment. Restricted areas are regulatory airspace areas that
are designated under Title 14, Code of Federal Regulations (14 CFR)
part 73 rulemaking procedures. Restricted areas are designated to
contain activities that may present a hazard to aircraft. No person may
operate an aircraft within a restricted area without the advance
permission of the using or controlling agency.
    The APAFR MOAs are used primarily as holding and maneuvering areas
for aircraft operating in the restricted areas. MOAs are nonregulatory
airspace areas that are established administratively and published in
the National Flight Data Digest (NFDD). MOAs are established to
separate or segregate non-hazardous military flight activities from
aircraft operating in accordance with instrument flight rules (IFR),
and to advise pilots flying under visual flight rules (VFR) where these
activities are conducted. IFR aircraft may be routed through an active
MOA only when air traffic control can provide approved separation from
the MOA activity. VFR pilots are not restricted from flying in an
active MOA, but are advised to exercise caution while doing so.
Normally, MOA proposals are not published in a NPRM but, instead, are
advertised for public comment through a nonrule circular distributed by
the FAA Service Center office to aviation interests in the affected
area. When a nonrulemaking action is an integral part of a rulemaking
action, FAA procedures allow for the nonrulemaking proposal to be
included in the NPRM. Because the MOAs are an integral part of the Avon
Park Range, the proposed changes are being described in this NPRM.
Comments on the proposed MOA changes may also be submitted as

indicated above in the ``Comments Invited'' section of this NPRM.
    The U.S. Air Force requested modifications to the APAFR airspace to
better support essential training requirements. Driving the request are
the technological advances that have been made in aircraft targeting
systems. These advances allow accurate weapons delivery from higher
altitudes and greater distances from the target resulting in the
requirement for additional restricted airspace at the APAFR. The
proposed restricted airspace, if approved, would accommodate realistic
training in targeting pod employment, lights-out night vision goggles
training, laser operations and high/ultra-high altitude weapons
release.
    Currently the APAFR supports training in low to medium altitude
tactics well, but the existing Ranges' restricted area ceiling of
flight level (FL) 180 is inadequate for training at high and ultra-high
altitudes. The APAFR's airspace vertical structure has not kept pace
with the requirements of modern combat tactics and today's
significantly increased fighter and bomber aircraft capabilities. In
general, combat pilots require higher altitudes and greater stand-off
distances from the target in order to reduce their exposure to enemy
ground threats. The proposed changes would permit training in various
tactics that are currently being used in combat.
    All airspace changes proposed would be contained within the
existing outer lateral boundary of the APAFR restricted and MOA
airspace. The vertical limits of the airspace would be expanded upward
to higher altitudes than are currently published. Additionally, the
existing altitude floors would remain unchanged.
    The APAFR is now, and will continue to be, designated as ``joint-
use'' airspace. This means that, during periods when the area, or parts
of the area, are not needed by the using agency for its designated
purposes, the airspace will be returned to the controlling agency for
access by other National Airspace System users. The Miami Air Route
Traffic Control Center (ARTCC) is the controlling agency for the APAFR
airspace area.

Proposed MOA Changes

    The FAA is proposing changes that would subdivide the Lake Placid
MOA, cancel the Avon North and South MOAs, establish the Avon East High
MOA, amend some MOA times of use, amend some MOA altitude ceilings, and
change the name of the using agency for all APAFR MOAs. Specifically,
the Lake Placid MOA would be subdivided into three parts: Lake Placid
North, Lake Placid West and Lake Placid East. The purpose of
subdividing the Lake Placid MOA is to enable the release to the Miami
ARTCC of those subdivisions that are not in use, thus allowing more
efficient traffic flows for nonparticipating aircraft. The subdivisions
will also facilitate coordination between the user and Miami ARTCC.
Additionally, the boundary along the east side of the new Lake Placid
North and West MOAs would be realigned to eliminate sections of the MOA
that overlap into restricted airspace. The times of use for the
reconfigured Lake Placid MOAs would include a provision to allow for
activation of the airspace at ``other times by NOTAM.'' The published
altitudes for the Lake Placid MOAs would remain 7,000 feet mean sea
level (MSL) to but not including FL 180.
    The existing Avon North and Avon South MOAs, which both extend
upward from 5,000 feet MSL to but not including FL 180, would be
cancelled and the airspace converted into Restricted Areas R-2901M and
R-2901N, respectively. A new MOA, designated Avon East High, would be
established directly above the existing Avon East MOA. The Avon East
MOA currently extends from 500 feet above ground level (AGL) up to but
not including 14,000 feet MSL. The Avon East High MOA would create new
MOA airspace that extends above the Avon East MOA from 14,000 feet MSL
to but not including FL 180.
    The times of use for the Basinger and Marian MOAs would be changed
to add a provision to allow for activation of the airspace at ``other
times by NOTAM.'' This change would align the Basinger and Marian MOA
times of use with the other APAFR airspace areas.
    A minor change to the altitudes of some MOAs would be made by
inserting the words ``to but not including'' before the upper altitude
limit (ceiling) of the areas. This change will prevent altitude
conflict with overlying MOA airspace areas.
    Finally, the name of the using agency for all APAFR MOAs would be
changed to read ``U.S. Air Force, Commander, 23rd Wing, Det 1, MacDill
AFB, FL,'' to reflect the current organizational title. The proposed
MOA changes are as follows:

Avon East MOA, FL [Amended]

    By removing the current using agency and substituting the
following:
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.

Avon East High MOA, FL [New]

    Boundaries. Beginning at lat. 27[deg]44'46'' N., long.
81[deg]11'39'' W.; to lat. 27[deg]44'46'' N., long. 81[deg]08'29''
W.; to lat. 27[deg]34'01'' N., long. 81[deg]04'29'' W.; to lat.
27[deg]32'31'' N., long. 81[deg]07'29'' W.; to lat. 27[deg]35'01''
N., long. 81[deg]08'59'' W.; to the point of beginning.
    Altitudes. 14,000 feet to but not including FL 180.
    Times of use. Intermittent, normally daylight hours, Monday-
Friday; other times by NOTAM.
    Controlling agency. FAA, Miami ARTCC.
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.

Basinger MOA, FL [Amended]

    By removing the current times of use and using agency and
substituting the following:
    Times of use. Intermittent, normally daylight hours, Monday-
Friday; occasionally Saturday and Sunday; other times by NOTAM.
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.

Lake Placid North MOA, FL [New]

    Boundaries. Beginning at lat. 27[deg]53'31'' N., long.
81[deg]51'59'' W.; to lat. 28[deg]00'01'' N., long. 81[deg]20'59''
W.; to lat. 27[deg]55'01'' N., long. 81[deg]25'19'' W.; to lat.
27[deg]42'49'' N., long. 81[deg]36'16'' W.; to lat. 27[deg]35'44''
N., long. 81[deg]42'14'' W.; to the point of beginning.
    Altitudes. 7,000 feet MSL to but not including FL 180.
    Times of use. Intermittent, normally daylight hours, Monday-
Friday; occasionally on Saturday and Sunday; other times by NOTAM.
    Controlling agency. FAA, Miami ARTCC.
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.

Lake Placid West MOA, FL [New]

    Boundaries. Beginning at lat. 27[deg]35'44'' N., long.
81[deg]42'14'' W.; to lat. 27[deg]42'49'' N., long. 81[deg]36'16''
W.; to lat. 27[deg]21'30'' N., long. 81[deg]28'00'' W.; to lat.
27[deg]04'01'' N., long. 81[deg]16'59'' W.; to lat. 27[deg]04'01''
N., long. 81[deg]24'59'' W.; to the point of beginning.
    Altitudes. 7,000 feet MSL to but not including FL 180.
    Times of use. Intermittent, normally daylight hours, Monday-
Friday; occasionally on Saturday and Sunday; other times by NOTAM.
    Controlling agency. FAA, Miami ARTCC.
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.

Lake Placid East MOA, FL [New]

    Boundaries. Beginning at lat. 27[deg]42'49'' N., long.
81[deg]36'16'' W.; to lat. 27[deg]55'01'' N., long. 81[deg]25'19''
W.; to lat. 27[deg]42'01'' N., long. 81[deg]25'19'' W.; to lat.
27[deg]32'33'' N., long. 81[deg]21'39'' W.; to lat. 27[deg]30'46''
N., long. 81[deg]17'49'' W.; to lat. 27[deg]24'46'' N., long.
81[deg]10'59'' W.; to lat. 27[deg]15'01'' N., long. 81[deg]04'59''
W.; to lat. 27[deg]04'01'' N., long. 81[deg]16'59'' W.; to lat.
27[deg]21'30'' N., long. 81[deg]28'00'' W.; to the point of
beginning.
    Altitudes. 7,000 feet MSL to but not including FL 180.
    Times of use. Intermittent, normally daylight hours, Monday-
Friday; occasionally on Saturday and Sunday; other times by NOTAM.

    Controlling agency. FAA, Miami ARTCC.
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL

Marian MOA, FL [Amended]

    By removing the times of use and current using agency and
substituting the following:
    Times of use. Intermittent, normally daylight hours, Monday-
Friday; occasionally Saturday and Sunday; other times by NOTAM.
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL

Restricted Area Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to expand
the restricted airspace at the APAFR to permit training in real-
world tactics during combat. The current ceiling of restricted
airspace at the APAFR is FL 180, thus limiting training in various
high-altitude offensive tactics that are essential for combat
readiness. This proposal would add new restricted area subdivisions
to raise the ceiling of restricted airspace at the Range to a
maximum of FL 400. The current restricted area floors would remain
unchanged. As discussed above, the Avon North and Avon South MOAs
would be cancelled and the airspace converted to Restricted Areas R-
2901M and R-2901N, respectively. This would add restricted airspace
up to but not including 14,000 feet MSL in those areas. The lateral
boundaries of R-2901B would be expanded so that the area overlies
all APAFR restricted airspace. In addition, the ceiling of R-2901B
would be changed to read ``to but not including FL 180.'' In order
to provide the higher restricted area airspace needed for training;
three new restricted areas (R-2901J, R-2901K and R-2901L) would be
designated above R-2901B. R-2901J would directly overlie R-2901B and
would extend from FL 180 up to but not including FL 230. R-2901K
would overlie R-2901J and would extend from FL 230 up to but not
including FL 310. R-2901L would overlie R-2901K and would extend
from FL 310 up to and including FL 400. This structure of restricted
area subdivisions would allow the airspace to be activated in
segments, as needed, up to FL 400. In addition, restricted area
segments when not required for the mission would be released to
Miami ARTCC for access by nonparticipating aircraft.
    Finally, the name of the using agency for all APAFR restricted
areas would be changed to read ``U.S. Air Force, Commander, 23rd
Wing, Det 1, MacDill AFB, FL,'' to reflect the current
organizational title.
    The FAA has determined that this proposed regulation only
involves an established body of technical regulations for which
frequent and routine amendments are necessary to keep them
operationally current. Therefore, this proposed regulation: (1) Is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under Department of Transportation
(DOT) Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory
evaluation as the anticipated impact is so minimal. Since this is a
routine matter that will only affect air traffic procedures and air
navigation, it is certified that this proposed rule, when
promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the
agency's authority.
    This rulemaking is promulgated under the authority described in
SubtitileVII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of
that authority as it will restructure the SUA at the APAFR, Florida.

Environmental Review

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

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

    1. The authority citation for part 73 continues to read as follows:

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

Sec.  73.29  (Amended)

    2. Sec.  73.29 is amended as follows:

* * * * *

R-2901A Avon Park, FL [Amended]

    By removing the current designated altitudes and using agency
and substituting the following:
    Designated altitudes. Surface to but not including 14,000 feet
MSL.
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *

R-2901B Avon Park, FL [Revised]

    Boundaries. Beginning at lat. 28[deg]00'01'' N., long.
81[deg]20'59'' W.; to lat. 28[deg]00'01'' N., long. 81[deg]13'59''
W.; to lat. 27[deg]44'46'' N., long. 81[deg]13'59'' W.; to lat.
27[deg]44'46'' N., long. 81[deg]11'39'' W.; to lat. 27[deg]35'01''
N., long. 81[deg]08'59'' W.; to lat. 27[deg]21'01'' N., long.
80[deg]59'59'' W.; to lat. 27[deg]16'46'' N., long. 81[deg]05'59''
W.; to lat. 27[deg]24'46'' N., long. 81[deg]10'59'' W.; to lat.
27[deg]30'46'' N., long. 81[deg]17'49'' W.; to lat. 27[deg]32'33''
N., long. 81[deg]21'39'' W.; to lat. 27[deg]42'01'' N., long.
81[deg]25'19'' W.; to lat. 27[deg]55'01'' N., long. 81[deg]25'19''
W.; to the point of beginning.
    Designated altitudes. 14,000 feet MSL to but not including FL
180.
    Time of designation. Intermittent, 0600-2400, Monday-Friday;
0800-1800, Saturday-Sunday; other times by NOTAM 6 hours in advance.
    Controlling agency. FAA, Miami ARTCC.
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *

R-2901C Avon Park, FL [Amended]

    By removing the current designated altitudes and using agency
and substituting the following:
    Designated altitudes. Surface to but not including 14,000 feet
MSL.
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *

R-2901D Avon Park, FL [Amended]

    By removing the current designated altitudes and using agency
and substituting the following:
    Designated altitudes. 500 feet MSL to but not including 4,000
feet MSL east of long. 81[deg]21'00'' W.; 1,000 feet AGL to but not
including 4,000 feet MSL west of long. 81[deg]21'00'' W.
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *

R-2901E Avon Park, FL [Amended]

    By removing the current designated altitudes and using agency
and substituting the following:
    Designated altitudes. 1,000 feet MSL to but not including 4,000
feet MSL.
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *

R-2901F Avon Park, FL [Amended]

    By removing the current designated altitudes and substituting
the following:
    Designated altitudes. 4,000 feet MSL to but not including 5,000
feet MSL.
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *

R-2901G Avon Park, FL [Amended]

    By removing the current designated altitudes and using agency
and substituting the following:
    Designated altitudes. Surface to but not including 5,000 feet
MSL.
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *

R-2901H Avon Park, FL [Amended]

    By removing the current designated altitudes and using agency
and substituting the following:
    Designated altitudes. 1,000 feet MSL to but not including 4,000
feet MSL.
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *

R-2901I Avon Park, FL [Amended]

    By removing the current designated altitudes and using agency
and substituting the following:
    Designated altitudes. 1,500 feet MSL to but not including 4,000
feet MSL
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *

R-2901J Avon Park, FL [New]

    Boundaries. Beginning at lat. 28[deg]00'01'' N., long.
81[deg]20'59'' W.; to lat. 28[deg]00'01'' N., long. 81[deg]13'59''
W.; to lat. 27[deg]44'46'' N., long. 81[deg]13'59'' W.; to lat.
27[deg]44'46'' N., long. 81[deg]11'39'' W.; to lat. 27[deg]35'01''
N., long. 81[deg]08'59'' W.; to lat. 27[deg]21'01'' N., long.
80[deg]59'59'' W.; to lat. 27[deg]16'46'' N., long. 81[deg]05'59''
W.; to lat. 27[deg]24'46'' N., long. 81[deg]10'59'' W.; to lat.
27[deg]30'46'' N., long. 81[deg]17'49'' W.; to lat. 27[deg]32'33''
N., long. 81[deg]21'39'' W.; to lat. 27[deg]42'01'' N., long.
81[deg]25'19'' W.; to lat. 27[deg]55'01'' N., long. 81[deg]25'19''
W.; to the point of beginning.
    Designated altitudes. FL 180 to but not including FL 230.
    Time of designation. Intermittent, 0600-2400, Monday-Friday;
0800-1800, Saturday-Sunday; other times by NOTAM 6 hours in advance.
    Controlling agency. FAA, Miami ARTCC.
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *

R-2901K Avon Park, FL [New]

    Boundaries. Beginning at lat. 28[deg]00'01'' N., long.
81[deg]20'59'' W.; to lat. 28[deg]00'01'' N., long. 81[deg]13'59''
W.; to lat. 27[deg]44'46'' N., long. 81[deg]13'59'' W.; to lat.
27[deg]44'46'' N., long. 81[deg]11'39'' W.; to lat. 27[deg]35'01''
N., long. 81[deg]08'59'' W.; to lat. 27[deg]21'01'' N., long.
80[deg]59'59'' W.; to lat. 27[deg]16'46'' N., long. 81[deg]05'59''
W.; to lat. 27[deg]24'46'' N., long. 81[deg]10'59'' W.; to lat.
27[deg]30'46'' N., long. 81[deg]17'49'' W.; to lat. 27[deg]32'33''
N., long. 81[deg]21'39'' W.; to lat. 27[deg]42'01'' N., long.
81[deg]25'19'' W.; to lat. 27[deg]55'01'' N., long. 81[deg]25'19''
W.; to the point of beginning.
    Designated altitudes. FL 230 to but not including FL 310.
    Time of designation. Intermittent, 0600-2400, Monday-Friday;
0800-1800, Saturday-Sunday; other times by NOTAM 6 hours in advance.
    Controlling agency. FAA, Miami ARTCC.
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *

R-2901L Avon Park, FL [New]

    Boundaries. Beginning at lat. 28[deg]00'01'' N., long.
81[deg]20'59'' W.; to lat. 28[deg]00'01'' N., long. 81[deg]13'59''
W.; to lat. 27[deg]44'46'' N., long. 81[deg]13'59'' W.; to lat.
27[deg]44'46'' N., long. 81[deg]11'39'' W.; to lat. 27[deg]35'01''
N., long. 81[deg]08'59'' W.; to lat. 27[deg]21'01'' N., long.
80[deg]59'59'' W.; to lat. 27[deg]16'46'' N., long. 81[deg]05'59''
W.; to lat. 27[deg]24'46'' N., long. 81[deg]10'59'' W.; to lat.
27[deg]30'46'' N., long. 81[deg]17'49'' W.; to lat. 27[deg]32'33''
N., long. 81[deg]21'39'' W.; to lat. 27[deg]42'01'' N., long.
81[deg]25'19'' W.; to lat. 27[deg]55'01'' N., long. 81[deg]25'19''
W.; to the point of beginning.
    Designated altitudes. FL 310 to FL 400.
    Time of designation. Intermittent, 0600-2400, Monday-Friday;
0800-1800, Saturday-Sunday; other times by NOTAM 6 hours in advance.
    Controlling agency. FAA, Miami ARTCC.
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *

R-2901M Avon Park, FL [New]

    Boundaries. Beginning at lat. 28[deg]00'01'' N., long.
81[deg]20'59'' W.; to lat. 28[deg]00'01'' N., long. 81[deg]13'59''
W.; to lat. 27[deg]48'31'' N., long. 81[deg]13'59'' W.; thence west
along Florida State Routes 60 and 630 to lat. 27[deg]46'01'' N.,
long. 81[deg]25'19'' W.; to lat. 27[deg]55'01'' N., long.
81[deg]25'19'' W.; to the point of beginning.
    Designated altitudes. 4,000 feet MSL to but not including 14,000
feet MSL.
    Time of designation. Intermittent, 0600-2400, Monday-Friday;
0800-1800, Saturday-Sunday; other times by NOTAM 6 hours in advance.
    Controlling agency. FAA, Miami ARTCC.
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *

R-2901N Avon Park, FL [New]

    Boundaries. Beginning at lat. 27[deg]32'33'' N., long.
81[deg]21'39'' W.; to lat. 27[deg]32'37'' N., long. 81[deg]16'46''
W.; to lat. 27[deg]29'01'' N., long. 81[deg]13'29'' W.; to lat.
27[deg]32'31'' N., long. 81[deg]07'29'' W.; to lat. 27[deg]29'31''
N., long. 81[deg]05'29'' W.; to lat. 27[deg]21'01'' N., long.
80[deg]59'59'' W.; to lat. 27[deg]16'46'' N., long. 81[deg]05'59''
W.; to lat. 27[deg]24'46'' N., long. 81[deg]10'59'' W.; to lat.
27[deg]30'46'' N., long. 81[deg]17'49'' W.; to the point of
beginning.
    Designated altitudes. 5,000 feet MSL to but not including 14,000
feet MSL north of a line from lat. 27[deg]24'46'' N., long.
81[deg]10'59'' W. to lat. 27[deg]29'31'' N., long. 81[deg]05'29'' W.
4,000 feet MSL to but not including 14,000 feet MSL south of that
line.
    Time of designation. Intermittent, 0600-2400, Monday-Friday;
0800-1800, Saturday-Sunday; other times by NOTAM 6 hours in advance.
    Controlling agency. FAA, Miami ARTCC.
    Using agency. U.S. Air Force, Commander, 23rd Wing, Det 1,
MacDill AFB, FL.
* * * * *

    Issued in Washington, DC, on January 16, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-2980 Filed 2-11-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Notices]
[Pages 51698-51700]
[FR Doc No: 2021-19971]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92936; File No. SR-NYSEArca-2021-78]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE
Arca Equities Fees and Charges

September 10, 2021.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on September 1, 2021, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.

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

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

    The Exchange proposes to amend the NYSE Arca Equities Fees and
Charges (``Fee Schedule'') to eliminate the Step Up Tier 3 and Step Up
Tier 5 pricing tiers. The Exchange proposes to implement the fee
changes effective September 1, 2021. The proposed rule change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at 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, the self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule to eliminate the
Step Up Tier 3 and Step Up Tier 5 pricing tiers. The Exchange proposes
to implement the fee changes effective September 1, 2021.
    Currently, to qualify for the Step Up Tier 3 credit, an ETP Holder
\4\ must execute providing ADV \5\ per month of 0.15% or more, but less
than 0.20% of the US CADV \6\ and directly execute providing ADV that
is an increase of no less than 0.075% of US CADV for that month over
the ETP Holder's providing ADV in May 2018.\7\ If an ETP Holder meets
the Step Up Tier 3 requirement, such ETP Holder is eligible to earn a
credit of $0.0025 per share for orders that provide displayed liquidity
in Tape A and Tape C securities, and a credit of $0.0022 per share for
orders that provide displayed liquidity in Tape B securities.
---------------------------------------------------------------------------

    \4\ All references to ETP Holders in connection with this
proposed fee change include Market Makers.
    \5\ ADV means average daily volume. See Fee Schedule, Section I.
Definitions.
    \6\ US CADV means the United States consolidated average daily
volume of transactions reported to a securities information
processor (``SIP''). Transactions that are not reported to a SIP are
not included in the US CADV. See Fee Schedule, Section I.
Definitions.
    \7\ See Securities Exchange Act Release No. 84103 (September 12,
2018), 83 FR 47216 (September 8, 2018) (SR-NYSEArca-2018-66).
---------------------------------------------------------------------------

    Additionally, to qualify for the Step Up Tier 5 credits, an ETP
Holder must execute providing ADV per month that is at least 0.20% of
US CADV and execute providing ADV per month as a percentage of US CADV
that is at least two times more than that ETP Holder's providing ADV in
April 2020 as a percentage of US CADV.\8\ If an ETP Holder meets the
Step Up Tier 5 requirement, such ETP Holder is eligible to earn a
credit of $0.0032 per share for orders that provide liquidity in Tape
A, Tape B and Tape C securities.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 88833 (May 7, 2020),
85 FR 28676 (May 13, 2020) (SR-NYSEArca-2020-39).
---------------------------------------------------------------------------

    The Exchange proposes to eliminate both the Step Up Tier 3 and Step
Up Tier 5 pricing tiers and remove each pricing tier from the Fee
Schedule because the pricing tiers have been underutilized by ETP
Holders. The Exchange has observed that not a single ETP Holder has
qualified for either of the pricing tiers proposed for elimination in
the last six months. Since both the Step Up Tier 3 and Step Up Tier 5
pricing tiers have not been effective in accomplishing their intended
purpose, which is to incent ETP Holders to increase their liquidity
adding activity on the Exchange, the Exchange has determined to
eliminate each of these pricing tiers from the Fee Schedule.
    With the proposed elimination of Step Up Tier 3 and Step Up Tier 5,
the Exchange proposes to rename current Step Up Tier 4 as Step Up Tier
3.
    The proposed changes are not otherwise intended to address any
other issues, and the Exchange is not aware of any significant problems
that market participants would have in complying with the proposed
changes.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\9\ in general, and furthers the
objectives of Sections 6(b)(4) and(5) of the Act,\10\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change to eliminate
the Step Up Tier 3 and Step Up Tier 5 pricing tiers is reasonable
because each of the pricing tiers that are the subject of this proposed
rule change have been underutilized and have not incentivized ETP
Holders to bring liquidity and increase trading on the Exchange. No ETP
Holder has availed itself of either of the pricing tiers in the last
six months. The Exchange does not anticipate any ETP Holder in the near
future to qualify for either of the tiers that are the subject of this
proposed rule change. The Exchange believes it is reasonable to
eliminate requirements and credits, and even entire pricing tiers, when
such incentives become underutilized. The Exchange believes eliminating
underutilized incentive programs would also simplify the Fee Schedule.
The Exchange further believes that removing reference to the pricing
tiers that the Exchange proposes to eliminate from the Fee Schedule
would also add clarity to the Fee Schedule. The Exchange believes that
eliminating requirements and credits, and even entire pricing tiers,
from the Fee Schedule when such incentives become ineffective is
equitable and not unfairly discriminatory because the requirements, and
credits, and even entire pricing tiers, would be eliminated in their
entirety and would no longer be available to any ETP Holder. All ETP
Holders would continue to be subject to the same fee structure, and
access to the Exchange's market would continue to be offered on fair
and nondiscriminatory terms. The Exchange also believes that the
proposed change would protect investors and the public interest because
the deletion of underutilized pricing tiers would make the Fee Schedule
more accessible and transparent and facilitate market participants'
understanding of the fees charged for services currently offered by the
Exchange.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\11\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    Intramarket Competition. The Exchange's proposal to eliminate
requirements and credits, and pricing tiers in their entirety, will not
place any

undue burden on intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act given that not a
single ETP Holder has qualified for the credits under either of the
pricing tiers that are the subject of this proposed rule change for the
last six months. To the extent the proposed rule change places a burden
on competition, any such burden would be outweighed by the fact that
none of the pricing tiers proposed for deletion have served their
intended purpose of incentivizing ETP Holders to more broadly
participate on the Exchange. Moreover, ETP Holders can choose to trade
on other venues to the extent they believe that the credits provided
are too low or the qualification criteria are not attractive.
    Intermarket Competition. The Exchange believes the proposed rule
change does not impose any burden on intermarket competition that is
not necessary or appropriate in furtherance of the purposes of the Act.
The Exchange operates in a highly competitive market in which market
participants can readily choose to send their orders to other exchanges
and off-exchange venues if they deem fee levels at those other venues
to be more favorable. Market share statistics provide ample evidence
that price competition between exchanges is fierce, with liquidity and
market share moving freely from one execution venue to another in
reaction to pricing changes. In such an environment, the Exchange must
continually adjust its fees and rebates to remain competitive with
other exchanges and with off-exchange venues. Because competitors are
free to modify their own fees and credits in response, and because
market participants may readily adjust their order routing practices,
the Exchange does not believe this proposed fee change would impose any
burden on intermarket competition.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \12\ of the Act and subparagraph (f)(2) of Rule
19b-4 \13\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend 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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \14\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2021-78 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2021-78. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2021-78, and should be
submitted on or before October 7, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-19971 Filed 9-15-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 7, 2007 (Volume 72, Number 235)]
[Notices]
[Page 69258-69259]
[DOCID:fr07de07-86]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold the following meetings during the
week of December 10, 2007:

    Open Meetings will be held on Tuesday, December 11, 2007, at 10
a.m., Thursday, December 13, 2007 at 9 a.m., and Monday, December
17, 2007 at 9 a.m., in Room L-002, the Auditorium, and a Closed
Meeting will be held on Thursday, December 13, 2007 at 2 p.m.

    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters may also be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(5), (7), (9)(B), and (10) and 17 CFR 200.402(a)(5),
(7), 9(ii) and (10), permit consideration of the scheduled matters at
the Closed Meeting.
    Commissioner Atkins, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
    The subject matter of the Open Meeting scheduled for Tuesday,
December 11, 2007 will be:

    1. The Commission will consider whether to approve the 2008
budget of the Public Company Accounting Oversight Board and will
consider the related annual accounting support fee for the Board
under Section 109 of the Sarbanes-Oxley Act of 2002.
    2. The Commission will consider whether to adopt amendments to
the eligibility requirements of Form S-3 and Form F-3 of the
Securities Act of 1933 to allow companies that do not meet the
current public float requirements of the forms to nevertheless
register primary offerings of their securities, subject to certain
restrictions, including the amount of securities those companies may
sell pursuant to the expanded eligibility standard in any one-year
period.
    3. The Commission will consider whether to adopt amendments to
mandate electronic filing of Form D and revise the information

requirements of that form. Form D is a notice required to be filed
by companies that have sold securities without registration under
the Securities Act of 1933 based on a claim of exemption under
Regulation D or Section 4(6) of the Act. Form D filings are also
required by most states.
    4. The Commission will consider whether to publish a concept
release to solicit public comment concerning possible revisions to
the oil and gas reserves disclosure requirements. These requirements
exist in their current form in Item 102 of Regulation S-K and Rule
4-10 of Regulation S-X under the Securities Act of 1933 and the
Securities Exchange Act of 1934.

    The subject matter of the Open Meetings to be held on Thursday,
December 13, 2007 at 9 a.m. and on Monday, December 17, 2007 at 9 a.m.
will be:

    The Commission will hold roundtable discussions on whether to
provide U.S. issuers the choice of reporting their financial results
under International Financial Reporting Standards. The roundtables
will further explore the matters covered in the Commission's Concept
Release on Allowing U.S. Issuers to Prepare Financial Statements in
Accordance with International Financial Reporting Standards (Release
33-8831; 34-56217) and the responses received.

    The subject matter of the Closed Meeting scheduled for Thursday,
December 13, 2007 will be:
    Formal orders of investigation;
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings of an
enforcement nature; and
    Adjudicatory matters.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: December 4, 2007.
Nancy M. Morris,
Secretary.
 [FR Doc. E7-23830 Filed 12-6-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Rules and Regulations]
[Page 5260]
[FR Doc No: 2014-01935]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket Number USCG-2013-1076]

Drawbridge Operation Regulation; Upper Mississippi River, Rock
Island, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulations.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Rock Island Railroad and Highway
Drawbridge across the Upper Mississippi River, mile 482.9, at Rock
Island, Illinois. The deviation is necessary to allow the River Bandits
5K Run/Walk to cross the bridge. This deviation allows the bridge to be
maintained in the closed-to-navigation position for one and a half
hours.

DATES: This deviation is effective from 8 a.m. to 9:30 a.m., April 12,
2014.

ADDRESSES: The docket for this deviation, [USCG-2013-1076] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation, West Building, 1200 New Jersey Avenue
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Eric A. Washburn, Bridge
Administrator, Western Rivers, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Cheryl F. Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The U.S. Army Rock Island Arsenal requested
a temporary deviation for the Rock Island Railroad and Highway
Drawbridge, across the Upper Mississippi River, mile 482.9, at Rock
Island, Illinois to remain in the closed-to-navigation position for a
one and a half hour period from 8 a.m. to 9:30 a.m., April 12, 2014,
while the River Bandits 5K Run/Walk is held between the cities of
Davenport, IA and Rock Island, IL.
    The Rock Island Railroad and Highway Drawbridge currently operates
in accordance with 33 CFR 117.5, which states the general requirement
that drawbridges shall open promptly and fully for the passage of
vessels when a request to open is given in accordance with the subpart.
    There are no alternate routes for vessels transiting this section
of the Upper Mississippi River.
    The Rock Island Railroad and Highway Drawbridge, in the closed-to-
navigation position, provides a vertical clearance of 23.8 feet above
normal pool. Navigation on the waterway consists primarily of
commercial tows and recreational watercraft. This temporary deviation
has been coordinated with waterway users. No objections were received.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: January 15, 2014.
Eric A. Washburn,
Bridge Administrator, Western Rivers.
[FR Doc. 2014-01935 Filed 1-30-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 38 (Tuesday, February 26, 2019)]
[Notices]
[Pages 6142-6143]
[FR Doc No: 2019-03293]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-9986-69]

Access to Confidential Business Information by Abt Associates
Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has authorized its contractor, Abt Associates Inc. (Abt)
of Rockville, MD, to access information which has been submitted to EPA
under all sections of the Toxic Substances Control Act (TSCA). Some of
the information may be claimed or determined to be Confidential
Business Information (CBI).

DATES: Access to the confidential data will occur no sooner than March
5, 2019.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Recie Reese, Environmental
Assistance Division (7408M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. This action may,
however, be of interest to all who manufacture, process, or distribute
industrial chemicals. Since other entities may also be interested, the
Agency has not attempted to describe all the specific entities that may
be affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2003-0004, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics
Docket (OPPT Docket), Environmental Protection Agency Docket Center
(EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

II. What action is the Agency taking?

    Under EPA contract number GS-00F-252CA, order number EP-G18H-01464,
contractor Abt of 4550 Montgomery Avenue, Suite 800 North, Bethesda, MD
and 55 Wheeler Street, Cambridge, MA will assist the Office of
Pollution Prevention and Toxics (OPPT) by providing support to the
methodological development of a uniform data output and analytics of
TRI/TSCA data information; developing chemical profiles that focus on
TSCA workplan chemicals, or on sets of chemicals based on commercial or
industrial use; provide support for the updates to the EasyRSEI the
internal EPA and public Qlik applications; create any new applications,
as directed, including but not limited to a RSEI-related pollution
prevention Qlik App and expanded TSCA Qlik application; and explore
feasibility of integrating novel data streams in support of TRI and
TSCA-related efforts.
    In accordance with 40 CFR 2.306(j), EPA has determined that under
EPA contract number GS-00F-252CA, order number EP-G18H-01464, Abt will
require access to CBI submitted to EPA under all sections of TSCA to
perform successfully the duties specified under the contract. Abt
contractors will be

given access to information submitted to EPA under all sections. Some
of the information may be claimed or determined to be CBI.
    EPA is issuing this notice to inform all submitters of information
under all sections of TSCA that EPA may provide Abt access to these CBI
materials on a need-to-know basis only. All access to TSCA CBI under
this contract will take place at EPA Headquarters and Abt's sites
located in Bethesda, MD and Cambridge, MA in accordance with EPA's TSCA
CBI Protection Manual.
    Access to TSCA data, including CBI, will continue until December
28, 2022. If the contract is extended, this access will also continue
for the duration of the extended contract without further notice.
    Abt's contractor personnel will be required to sign nondisclosure
agreements and will be briefed on appropriate security procedures
before they are permitted access to TSCA CBI.

    Authority:  15 U.S.C. 2601 et seq.

    Dated: December 12, 2018.
Pamela Myrick,
Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. 2019-03293 Filed 2-25-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Rules and Regulations]
[Pages 37017-37019]
[FR Doc No: 2021-14925]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0335; Project Identifier MCAI-2020-01665-R;
Amendment 39-21632; AD 2021-14-05]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters Deutschland GmbH
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Helicopters Deutschland GmbH Model MBB-BK 117 A-1, MBB-BK 117 A-
3, MBB-BK 117 A-4, MBB-BK 117 B-1, MBB-BK 117 B-2, and MBB-BK 117 C-1
helicopters. This AD was prompted by a report of sudden severe
vibrations and a cracked open blade trailing edge caused by a loosened
lead inner weight. This AD requires inspections to determine if any
bolted main rotor blades are installed, and replacement of the affected
main rotor blades. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective August 18, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of August 18,
2021.

ADDRESSES: For service information identified in this final rule,
contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX
75052; phone:<PHONE_NUMBER> or<PHONE_NUMBER>; fax:<PHONE_NUMBER>; or at
https://www.airbus.com/helicopters/services/-support.html. You may view
the referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort
Worth, TX 76177. Service information that is incorporated by reference
is also available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0335.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0335; 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
Luftfahrt-Bundesamt AD, any comments received, and other information.
The street 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: Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3218; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    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
Deutschland GmbH Model MBB-BK 117 A-1, MBB-BK 117 A-3, MBB-BK 117 A-4,
MBB-BK 117 B-1, MBB-BK 117 B-2, and MBB-BK 117 C-1 helicopters. The
NPRM published in the Federal Register on April 26, 2021 (86 FR 21965).
In the NPRM, the FAA proposed to require inspections to determine if
any bolted main rotor blades are installed, and replacement of the
affected main rotor blades. The NPRM was prompted by a report of sudden
severe vibrations and a cracked open blade trailing edge caused by a
loosened lead inner weight.
    German AD D-2005-115, effective March 15, 2005 (German AD D-2005-
115), issued by Luftfahrt-Bundesamt, which is the aviation authority
for Germany, was issued to correct an unsafe condition for Eurocopter
Deutschland (now Airbus Helicopters Deutschland GmbH) Model MBB-BK 117
A-1, MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-BK 117 B-1, MBB-BK 117 B-2,
and MBB-BK 117 C-1 helicopters. Luftfahrt-Bundesamt advises that during
the flight of a BK117 severe vibrations suddenly occurred, stemming
from a cracked open blade trailing edge, which was traced to a loosened
lead inner weight bolt. Additional inspection revealed extreme cavities
of the lead weight resulting from the bolting process, which was
performed as a repair for main rotor blades with bulging in the area of
the lead inner weights. This condition, if not addressed, could result
in loss of control of the helicopter.
    Accordingly, German AD D-2005-115 requires an inspection and log
card review to determine if any bolted main rotor blades are installed,
and replacement of the affected main rotor blades.

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 the aviation authority of
Germany and are approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with Germany (now a member of the
European Union), Luftfahrt-Bundesamt, its technical representative, has
notified the FAA of 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

    The FAA reviewed Eurocopter Alert Service Bulletin No. ASB-MBB-
BK117-10-125, dated February 14, 2005. This service information
specifies procedures for an inspection (for cracking of the paint) and
log card review (for a certain entry or equivalent) to determine if any
bolted main rotor blades (i.e., main rotor blades with bolted lead
inner weights) are installed, and replacement of the affected main
rotor blades.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 44 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
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................              $0             $255          $11,220
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition replacements that would be required based on the results of
any required actions. The FAA has no way of determining the number of
helicopters that might need these on-condition replacements:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
Up to 20 work-hours x $85 per     Up to $23,100 per   Up to $24,800 per
 hour = $1,700 per blade (up to    blade (up to 4      blade (up to 4
 4 blades).                        blades).            blades).
------------------------------------------------------------------------

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 helicopters 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:

2021-14-05 Airbus Helicopters Deutschland GmbH: Amendment 39-21632;
Docket No. FAA-2021-0335; Project Identifier MCAI-2020-01665-R.

(a) Effective Date

    This airworthiness directive (AD) is effective August 18, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Deutschland GmbH Model
MBB-BK 117 A-1, MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-BK 117 B-1, MBB-
BK 117 B-2, and MBB-BK 117 C-1 helicopters, certificated in any
category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6210, Main Rotor
Blades.

(e) Unsafe Condition

    This AD was prompted by a report of sudden severe vibrations and
a cracked open blade trailing edge caused by a loosened lead inner
weight. The FAA is issuing this AD to address bolted lead inner
weights of the main rotor blade, which could loosen and cause
cracking of the open blade trailing edge. The unsafe condition, if
not addressed, could result in loss of control of the helicopter.

(f) Compliance

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

(g) Required Actions

    Within 30 days after the effective date of this AD, review the
log card (or equivalent record) and visually inspect each main rotor
blade to determine if any bolted main rotor blades (i.e., main rotor
blade with bolted lead inner weight) are installed in accordance
with paragraphs 2.A.1., 2.B.1., 2.B.2., and 2.B.3. of the
Accomplishment Instructions of Eurocopter Alert Service Bulletin No.
ASB-MBB-BK117-10-125, dated February 14, 2005. If during the review,
the total hours time-in-service (TIS) cannot be positively
determined, this AD requires treating that part as having
accumulated more than 3,000 total hours TIS. If any bolted main
rotor blade (i.e., main rotor blade with bolted lead inner weight)
is installed, replace the main rotor blade in accordance with
paragraph 2.B.4. of the Accomplishment Instructions of Eurocopter
Alert Service Bulletin ASB-MBB-BK117-10-125, dated February 14,
2005, as follows:
    (1) For a bolted main rotor blade that has accumulated less than
2,300 total hours TIS on the blade since bolting of the lead inner
weight as of the effective date of this AD: Before accumulating
2,500 total hours TIS on the blade since bolting of the lead inner
weights.
    (2) For a bolted main rotor blade that has accumulated 2,300
total hours TIS up to 3,000 total hours TIS inclusive, on the blade
since bolting of the lead inner weight as of the effective date of
this AD: Within 200 hours TIS after the effective date of this AD.
    (3) For a bolted main rotor blade that has accumulated more than
3,000 total hours TIS on the blade since bolting of the lead inner
weight as of the effective date of this AD: Within 50 hours TIS
after the effective date of this AD.

(h) Contacting the Manufacturer To Determine TIS

    Where Eurocopter Alert Service Bulletin ASB-MBB-BK117-10-125,
dated February 14, 2005, specifies to send a form to the
manufacturer to determine TIS since bolting, this AD does not
include that requirement.

(i) 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 (j)(1) of
this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    (1) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
phone and fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) The subject of this AD is addressed in Luftfahrt-Bundesamt
German AD D-2005-115, effective March 15, 2005. You may view the
Luftfahrt-Bundesamt German AD at https://www.regulations.gov in
Docket No. FAA-2021-0335.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Eurocopter Alert Service Bulletin No. ASB-MBB-BK117-10-125,
dated February 14, 2005.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052;
phone:<PHONE_NUMBER> or<PHONE_NUMBER>; fax:<PHONE_NUMBER>; or at
https://www.airbus.com/helicopters/services/-support.html.
    (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>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 8, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-14925 Filed 7-13-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 4, 2009 (Volume 74, Number 232)]
[Rules and Regulations]
[Page 63569-63572]
[DOCID:fr04de09-8]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1074; Directorate Identifier 2009-NM-177-AD;
Amendment 39-16106; AD 2008-17-01 R1]
RIN 2120-AA64

Airworthiness Directives; 328 Support Services GmbH (Dornier)
Model 328-100 Airplanes

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

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is revising an existing airworthiness directive (AD),
which applies to all 328 Support Services GmbH (Dornier) Model 328-100
airplanes. That AD currently requires modifying the electrical wiring
of the fuel pumps; installing insulation at the hand flow control and
shut-off valves, and other components of the environmental control
system; and installing markings at fuel wiring harnesses. That AD also
requires revising the Airworthiness Limitations section of the
Instructions for Continued Airworthiness to incorporate new inspections
of the fuel tank system. This AD clarifies the intended effect of the
AD on spare and on-airplane fuel tank system components. This AD
results from fuel system reviews conducted by the manufacturer. We are
issuing this AD to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.

DATES: This AD is effective December 21, 2009.
    On September 17, 2008 (73 FR 47027, August 13, 2008), the Director
of the Federal Register approved the incorporation by reference of
certain publications listed in the AD.
    On July 29, 2005 (70 FR 36470, June 24, 2005), the Director of the
Federal Register approved the incorporation by reference of certain
other publications listed in the AD.
    We must receive any comments on this AD by January 19, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact 328 Support
Services GmbH, Global Support Center, P.O. Box 1252, D-82231 Wessling,
Federal Republic of Germany; telephone +49 8153 88111 6666; fax +49
8153 88111 6565; e-mail<EMAIL_ADDRESS>Internet http://
www.328support.de.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1503; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On July 29, 2008, we issued AD 2008-17-01, Amendment 39-15639 (73
FR 47027, August 13, 2008). That AD applied to all 328 Support Services
GmbH (Dornier) Model 328-100 airplanes. That AD required modifying the
electrical wiring of the hand fuel pumps; installing insulation at the
hand flow control and shut-off valves, and other components of the
environmental control system; and installing markings at fuel wiring
harnesses. That AD also required revising the Airworthiness Limitations
section (ALS) of the Instructions for Continued Airworthiness to
incorporate new inspections of the fuel tank system.
    Critical design configuration control limitations (CDCCLs) are
limitation requirements to preserve a critical ignition source
prevention feature of the fuel tank system design that is necessary to
prevent the occurrence of an unsafe condition. The purpose of a CDCCL
is to provide instruction to retain the critical ignition source
prevention feature during configuration change that may be caused by
alterations, repairs, or maintenance actions. A CDCCL is not a periodic
inspection.

Actions Since AD Was Issued

    Since we issued that AD, we have determined that it is necessary to
clarify the AD's intended effect on spare and on-airplane fuel tank
system components, regarding the use of maintenance manuals and
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's
maintenance manual or instructions for continued airworthiness has
been issued that contains an airworthiness limitation section unless
the mandatory * * * procedures * * * have been complied with.

    Some operators have questioned whether existing components affected
by the new CDCCLs must be reworked. We did not intend for the AD to
retroactively require rework of components that had been maintained
using acceptable methods before the effective date of the AD. Owners
and operators of the affected airplanes therefore are not required to
rework affected components identified as airworthy or installed on the
affected airplanes before the required revisions of the ALS. But once
the CDCCLs are incorporated into the ALS, future maintenance actions on
components must be done in accordance with those CDCCLs.

FAA's Determination and Requirements of This AD

    The affected products have been approved by the aviation authority
of another country, and are approved for operation in the United
States. We are issuing this AD because we evaluated all pertinent
information and determined the unsafe condition exists and is likely to
exist or develop on other products of the same type design. This new AD
retains the requirements of the existing AD, and adds a new note to
clarify the intended effect of the AD on spare and on-airplane fuel
tank system components.

Costs of Compliance

    This revision imposes no additional economic burden. The current
costs for this AD are repeated for the convenience of affected
operators, as follows:
    This AD affects about 16 airplanes of U.S. registry. The actions
that are required by AD 2005-13-24 and

retained in this AD take about 70 work hours per airplane, at an
average labor rate of $80 per work hour. Required parts cost about
$14,118 per airplane. Based on these figures, the estimated cost of the
currently required actions is $315,488, or $19,718 per airplane.
    The ALS revision required by AD 2008-17-01 and retained in this AD
takes about 1 work hour per airplane. Based on these figures, the
estimated cost of this action specified in this AD for U.S. operators
is $1,280, or $80 per airplane.

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change
to the AD's requirements. For this reason, it is found that notice and
opportunity for prior public comment for this action are unnecessary,
and good cause exists for making this amendment effective in less than
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2009-1074; Directorate Identifier 2009-NM-177-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends part 39 of the Federal Aviation Regulations (14 CFR part
39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-15639 (73 FR
47027, August 13, 2008) and adding the following new AD:

2008-17-01 R1 328 Support Services GMBH (Formerly, AvCraft Aerospace
GmbH, formerly Fairchild Dornier GmbH, formerly Dornier Luftfahrt
GmbH): Amendment 39-16106. Docket No. FAA-2009-1074; Directorate
Identifier 2009-NM-177-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective December 21,
2009.

Affected ADs

    (b) This AD revises AD 2008-17-01, Amendment 39-15639.

Applicability

    (c) This AD applies to all 328 Support Services GmbH (Dornier)
Model 328-100 airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to reduce the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.

Compliance

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

    Note 1: This AD requires revisions to certain operator
maintenance documents to include inspections. Compliance with these
inspections is required by 14 CFR 91.403(c). For airplanes that have
been previously modified, altered, or repaired in the areas
addressed by these inspections, the operator may not be able to
accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (j) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Restatement of Requirements of AD 2005-13-24, With No Changes

Modification and Installations

    (f) Within 12 months after July 29, 2005 (the effective date of
AD 2005-13-24), do the actions in Table 1 of this AD in accordance
with the Accomplishment Instructions of AvCraft Service Bulletin SB-
328-00-445, dated August 23, 2004; or Revision 1, dated June 17,
2005.

                          Table 1--Requirements
------------------------------------------------------------------------
                                             By accomplishing all the
       Do the following actions--             actions specified in--
------------------------------------------------------------------------
(1) Modify the electrical wiring of the  Paragraph 2.B(1) of AvCraft
 left-hand and right-hand fuel pumps.     Service Bulletin SB-328-00-
                                          445, dated August 23, 2004; or
                                          Revision 1, dated June 17,
                                          2005.
(2) Install insulation at the left-hand  Paragraph 2.B(2) of AvCraft
 and right-hand flow control and shut-    Service Bulletin SB-328-00-
 off valves, and other components of      445, dated August 23, 2004; or
 the environmental control system.        Revision 1, dated June 17,
                                          2005.
(3) Install markings at fuel wiring      Paragraph 2.B(3) of AvCraft
 harnesses.                               Service Bulletin SB-328-00-
                                          445, dated August 23, 2004; or
                                          Revision 1, dated June 17,
                                          2005.
------------------------------------------------------------------------

Revision to Airworthiness Limitations

    (g) Within 12 months after July 29, 2005, revise the
Airworthiness Limitations section (ALS) of the Instructions for
Continued Airworthiness by inserting a copy of Dornier Temporary
Revision ALD-080, dated October 15, 2003, into the Dornier 328
Airworthiness Limitations Document. Thereafter, except as provided
in paragraphs (i) and (j) of this AD, no alternative inspection
intervals may be approved for this fuel tank system.

Restatement of Requirements of AD 2008-17-01, With No Changes

Revised Initial Compliance Time

    (h) For Tasks 28-00-00-02 and 28-00-00-03 (``Detailed Inspection
of Outer Fuel Tank Harness Internal, LH/RH,'' and ``Detailed
Inspection of Inner Fuel Tank Harness Internal, LH/RH''), as
identified in Dornier Temporary Revision ALD-080, dated October 15,
2003, or Section F, ``Fuel Tank System Limitations,'' of the Dornier
328 Airworthiness Limitations Document (ALD), Revision 15, dated
January 15, 2005; the initial compliance time is within 8 years
after September 17, 2008 (the effective date of AD 2008-17-01).
Thereafter, except as provided by paragraphs (i) and (j) of this AD,
these tasks must be accomplished at the repetitive interval
specified in Section F, ``Fuel Tank System Limitations,'' of the
Dornier 328 ALD, Revision 15, dated January 15, 2005.

No Alternative Inspections, Inspection Intervals, or Critical Design
Configuration Control Limitations (CDCCLs)

    (i) After accomplishing the actions specified in paragraphs (g)
and (h) of this AD, no alternative inspections, inspection
intervals, or CDCCLs may be used unless the inspections, intervals,
or CDCCLs are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (j) of this
AD.

New Information

Explanation of CDCCL Requirements

    Note 2: Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the ALS,
as required by paragraph (g) of this AD, do not need to be reworked
in accordance with the CDCCLs. However, once the ALS has been
revised, future maintenance actions on these components must be done
in accordance with the CDCCLs.

Alternative Methods of Compliance (AMOCs)

    (j) The Manager, ANM-116, International Branch, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
Send information to ATTN: Tom Groves, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1503; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office. The AMOC approval letter must
specifically reference this AD.

Related Information

    (k) European Aviation Safety Agency Airworthiness Directive
2006-0197 [Corrected], dated July 11, 2006, also addresses the
subject of this AD.

Material Incorporated by Reference

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

                                   Table 2--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
         Service information                     Revision level                             Date
----------------------------------------------------------------------------------------------------------------
AvCraft Service Bulletin SB[dash]328- Original............................  August 23, 2004.
 00-445, including Price Information
 Sheet.
AvCraft Service Bulletin SB[dash]328- 1...................................  June 17, 2005.
 00-445.
Dornier Temporary Revision ALD-080..  Original............................  October 15, 2003.
Section F, ``Fuel Tank System         15..................................  January 15, 2005.
 Limitations,'' of Dornier 328
 Airworthiness Limitations Document.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register previously approved the
incorporation by reference of AvCraft Service Bulletin SB-328-00-
445, Revision 1, dated June 17, 2005; and Section F, ``Fuel Tank
System Limitations,'' of Dornier 328 Airworthiness Limitations
Document, Revision 15, dated January 15, 2005 on September 17, 2008
(73 FR 47027, August 13, 2008).
    (2) The Director of the Federal Register previously approved the
incorporation by reference of AvCraft Service Bulletin SB-328-00-
445, including Price Information Sheet, dated August 23, 2004; and
Dornier Temporary Revision ALD-080, dated October 15, 2003; on July
29, 2005 (70 FR 36470, June 24, 2005).
    (3) For service information identified in this AD, contact 328
Support Services GmbH, Global Support Center, P.O. Box 1252, D-82231
Wessling, Federal Republic of Germany; telephone +49 8153 88111
6666; fax +49 8153 88111 6565; e-mail<EMAIL_ADDRESS>Internet
http://www.328support.de.

    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on November 18, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-28299 Filed 12-3-09; 8:45 am]

BILLING CODE 4910-13-P


 DETECTION DETECTION LIMITS Controlling the Addiction Controlling the Addiction With Lab QC With Lab QC Ken Osborn Ken Osborn East Bay MUD East Bay MUD Oakland, CA Oakland, CA Chair, Standard Methods JTG Data Quality Chair, Standard Methods JTG Data Quality What we do ° Quality Control ( QC) sample 2  5 times MDL routinely analyzed with each batch of samples. No special scheduling required.

° Results entered into LIMS ° Long term method accuracy evaluated using control limits How we use it ° On going real time measure of accuracy ° On going verification of non detects ° Long term measure of detection capability ° Daily LIMS QC reports generated ° Reported to data user Why do it?

° Value to data user and laboratory ° Provides immediate feedback ° Includes all analytical sources of error ° Results in better detection limits  Large data set reduces uncertainty  Monitors trace level capabilities over time An Example:

EPA 610 QC Based DLs 0.03 0.082 82 FLUORENE 27 0.03 0.089 89 FLUORANTHENE 27 0.02 0.068 78 DIBENZO( A, H) ANTHRACENE 18 0.02 0.085 90 CHRYSENE 25 0.02 0.075 87 BENZO( K) FLUORANTHENE 21 0.03 0.067 82 BENZO( GHI) PERYLENE 18 0.03 0.090 90 BENZO( B) FLUORANTHENE 27 0.01 0.057 76 BENZO( A) ANTHRACENE 12 0.03 0.062 75 ACENAPHTHYLENE 16 0.05 0.064 76 ACENAPHTHENE 16 FNQS DL ( ug/ L)

FNQS ( ug/ L)

RECOVERY (%)

ANALYTE COUNT ( N) FNQS = False Negative Quality Sample A Derivation

Recovery = 100* FNQS/ True

FNQS = ( True/ 100)* Recovery

S( FNQS) = ( True/ 100)* S( Recovery)

Lc = t* S( FNQS)

Lc= t*( True/ 100)* S( Recovery)

True = 100* Ave( FNQS)/ Ave( Recovery)

Lc = t* S( Rec)* Ave( FNQS)/ Ave( Rec)


NOTE SUBJECT: Consultation with Missouri Department of Transportation TO: File FROM: Stephen Hoffman DATE: 2/ 27/ 06 Mark Doolan of EPA Region 6 indicated that EPA should contact Ms. Beth Schaller of the Joplin Office of the Missouri Department of Transportation since she had been working with Mark on the use of chat in transportation projects. On September 15, 2005, I called Ms Schaller who indicated that the state had published specifications for the use of chat in asphalt. She indicated that limits on lead concentrations had been set at not exceeding 500 ppm. Ms Schaller also indicated that chat had been used in concrete but there was such use in the state at present. She also indicated that virtually all of the chat used in transportation was used as aggregate in hot mix asphalt. There is some interest in Missouri in using unencapsulated chat as road base.


MEMORANDUM

DATE: 11/7/14

FROM: 		Ken Mitchell/EPA Region 4

TO:CLEAN POWER PLAN FOR EXISTING POWER PLANTS; DOCKET ID: OAR - 2013-0602

SUBJECT:DISCUSSION OF the Clean Power Plan at the Broward County, FL, GO SOLAR and Renewable Energy Fest SUMMARY:

EPA Region 4 discussed the Clean Power Plan with attendees at the Broward County, FL, GO SOLAR and Renewable Energy Fest at the Greater Fort Lauderdale/Broward County Convention Center, in Ft. Lauderdale, FL, on 06/7/2014. The Clean Power Plan for Existing Power Plants was proposed on June 2, 2014.

ATTENDEES:

EPA Bryan Myers/EPA Region 4

External Stakeholders Approximately 400.  Event hosted by the Environmental Protection and Growth Management Department - Broward County, Florida (contact:  Kay Sommers, Go SOLAR Project Manager)


[Federal Register: July 16, 2010 (Volume 75, Number 136)]
[Notices]
[Page 41559-41560]
[DOCID:fr16jy10-117]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of E[dash]Sync Networks, Inc. (n/k/a ESNI, Inc.),
EchoCath, Inc., Edison Brothers Stores, Inc., Electronic Technology
Group, Inc. (n/k/a SolutionNet International, Inc.), EMCEE Broadcast
Products, Inc., ERD Waste Corp., Eurasia Gold Fields, Inc., European
Micro Holdings, Inc., and Exotech, Inc.; Order of Suspension of Trading

July 14, 2010.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
E-Sync Networks, Inc. (n/k/a ESNI, Inc.) because it has not filed any
periodic reports since the period ended December 31, 2001.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
EchoCath, Inc. because it has not filed any periodic reports since the
period ended May 31, 2001.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Edison Brothers Stores, Inc. because it has not filed any periodic
reports since October 31, 1998.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Electronic Technology Group, Inc. (n/k/a SolutionNet International,
Inc.) because it has not filed any periodic reports since the period
ended April 30, 1994.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
EMCEE Broadcast Products, Inc. because it has not filed any periodic
reports since the period ended September 30, 2002.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
ERD Waste Corp. because it has not filed any periodic reports since the
period ended June 30, 1997.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Eurasia Gold Fields, Inc. because it has not filed any periodic reports
since the period ended September 30, 2004.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
European Micro Holdings, Inc. because it has not filed any periodic
reports since the period ended June 30, 2007.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Exotech, Inc. because it has not filed any periodic reports since the
period ended March 31, 2002.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed companies is suspended for the period from 9:30 a.m. EDT
on July 14, 2010, through 11:59 p.m. EDT on July 27, 2010.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-17495 Filed 7-14-10; 4:15 pm]
BILLING CODE 8010-01-P