[Federal Register Volume 85, Number 114 (Friday, June 12, 2020)]
[Notices]
[Pages 35969-35970]
[FR Doc No: 2020-12683]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89030; File No. SR-GEMX-2020-13]

Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Options 3,
Section 7, Types of Orders, To Add Other Existing Order Types to the
List of Order Types

June 8, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 26, 2020, Nasdaq GEMX, LLC (``GEMX'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change as described in Items I and II, below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Options 3, Section 7, ``Types of
Orders,'' to add other existing order types to the list of order types.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqgemx.cchwallstreet.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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend Options 3, Section 7, ``Types of
Orders,'' to add other existing order types to the list of order types.
The Exchange proposes to add to Options 3, Section 7, at proposed (u)-
(x), references to various existing order types that may be entered
into various auction mechanisms on GEMX. Specifically, the Exchange
proposes to add a reference to orders entered into the Block Order
Mechanism, Facilitation Mechanism, Solicited Order Mechanism, and Price
Improvement Mechanism. These order types exist today within the GEMX
Rules, however, unlike other order types, they are not mentioned within
Options 3, Sections 7, which list the order types available for trading
on GEMX. The Exchange proposes to add the following rule text into
Options 3, Section 7:

    (u) Block Order. A Block Order is an order entered into the
Block Order Mechanism as described in Options 3, Section 11(a).
    (v) Facilitation Order. A Facilitation Order is an order entered
into the Facilitation Mechanism as described in Options 3, Section
11(b).
    (w) SOM Order. A SOM Order is an order entered into the
Solicited Order Mechanism as described in Options 3, Section 11(d).
    (x) A PIM Order. A PIM Order is an order entered into the Price
Improvement Mechanism as described in Options 3, Section 13(a).

    The Exchange believes the addition of this rule text will make
clear that these order types are available on GEMX. Today, ISE and MRX
similarly list these order types within ISE and MRX Options 3, Section
7, respectively.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\3\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\4\ in particular, in that it
is designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general to protect
investors and the public interest. Adding references to all existing
order types that may be entered

into auctions into Options 3, Sections 7 is consistent with the Act.
The Exchange believes the addition of the Block Order type,
Facilitation Order type, SOM Order type and PIM Order types into
Options 3, Section 7 will make clear to market participants the various
types of order types that may be transacted on GEMX. The descriptions
of these order types merely point at the existing mechanisms.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposal to add the
Block Order type, Facilitation Order type, SOM Order type and PIM Order
types into Options 3, Section 7 does not impose an undue burden on
competition. The addition of these order types would complete the list
of order types, which are available to all market participants, and are
merely being referenced within the order type rule for greater
transparency.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \5\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\6\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \6\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days from the date of filing. However, Rule
19b-4(f)(6)(iii) \7\ permits the Commission to designate a shorter time
if such action is consistent with the protection of investors and the
public interest. The Exchange has asked the Commission to waive the 30-
day operative delay so that the proposed rule change may become
operative immediately. The Commission notes that waiver of the
operative delay would allow the Exchange to clarify within Options 3,
Section 7 the complete list of order types that are available on GEMX.
For this reason, and because the proposal does not raise any novel
issues, the Commission believes that waiver of the 30-day operative
delay is consistent with the protection of investors and the public
interest. Accordingly, the Commission waives the 30-day operative delay
and designates the proposed rule change operative upon filing.\8\
---------------------------------------------------------------------------

    \7\ 17 CFR 240.19b-4(f)(6)(iii).
    \8\ For purposes only of waiving the 30-day operative delay, the
Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the 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 to
determine whether the proposed rule should be approved or disapproved.

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-GEMX-2020-13 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-GEMX-2020-13. 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-GEMX-2020-13, and should be submitted on
or before July 6, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-12683 Filed 6-11-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 13 (Thursday, January 20, 2011)]
[Rules and Regulations]
[Page 3516]
[FR Doc No: 2011-1196]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-1134]

Drawbridge Operation Regulations; Merrimack River, Newburyport
and Salisbury, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Newburyport US1 Bridge across the Merrimack River, at mile 3.4, between
Newburyport and Salisbury, Massachusetts. The deviation is necessary to
paint the bridge. This deviation allows the bridge to remain in the
closed position.

DATES: This deviation is effective from February 15, 2011 through April
30, 2011.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2010-1134 and are available online
at http://www.regulations.gov, inserting USCG-2010-1134 in the
``Keyword'' and then clicking ``Search''. They are also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. John McDonald, Project Officer, First Coast Guard
District<EMAIL_ADDRESS>or telephone<PHONE_NUMBER>. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Newburyport US1 Bridge, across the
Merrimack River at mile 3.4, between Newburyport and Salisbury,
Massachusetts, has a vertical clearance in the closed position of 35
feet at mean high water and 42 feet at mean low water. The drawbridge
operation regulations are listed at 33 CFR 117.605.
    The owner of the bridge, Massachusetts Department of
Transportation, requested a temporary deviation from the regulations to
facilitate scheduled bridge painting at the bridge.
    The waterway is predominantly recreational vessels. This temporary
deviation is being scheduled during the winter months when the bridge
normally does not receive requests to open.
    Under this temporary deviation the Newburyport US1 Bridge may
remain in the closed position from February 15, 2011 through April 30,
2011.
    Vessels that can pass under the bridge in the closed position may
do so at any time.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: January 5, 2011.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. 2011-1196 Filed 1-19-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Notices]
[Page 13030]
[FR Doc No: 2016-05413]

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

DEPARTMENT OF TRANSPORTATION

Intelligent Transportation Systems Program Advisory Committee;
Notice of Meeting

AGENCY: ITS Joint Program Office, Office of the Assistant Secretary for
Research and Technology, U.S. Department of Transportation.

ACTION: Notice.

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

    The Intelligent Transportation Systems (ITS) Program Advisory
Committee (ITSPAC) will hold a meeting on March 31, 2016, from 8:00
a.m. to 4:00 p.m. (EDT) in the Crystal Gateway Marriott Hotel, 1700
Jefferson Davis Highway, Arlington, VA 22202.
    The ITSPAC, established under Section 5305 of Public Law 109-59,
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users, August 10, 2005, and re-established under Section
6007 of Public Law 114-94, Fixing America's Surface Transportation
(FAST) Act, December 4, 2015, was created to advise the Secretary of
Transportation on all matters relating to the study, development, and
implementation of intelligent transportation systems. Through its
sponsor, the ITS Joint Program Office (JPO), the ITSPAC makes
recommendations to the Secretary regarding ITS Program needs,
objectives, plans, approaches, content, and progress.
    The following is a summary of the meeting tentative agenda: (1)
Welcome, (2) Discussion of the FAST Act, (3) Discussion of Potential
Advice Memorandum Topics, (4) Summary and Adjourn.
    The meeting will be open to the public, but limited space will be
available on a first-come, first-served basis. Members of the public
who wish to present oral statements at the meeting must submit a
request to<EMAIL_ADDRESS>not later than March 24, 2016.
    Questions about the agenda or written comments may be submitted by
U.S. Mail to: U.S. Department of Transportation, Office of the
Assistant Secretary for Research and Technology, ITS Joint Program
Office, Attention: Stephen Glasscock, 1200 New Jersey Avenue SE., HOIT,
Washington, DC 20590 or faxed to<PHONE_NUMBER>. The ITS JPO requests
that written comments be submitted not later than March 24, 2016.
    Notice of this conference is provided in accordance with the
Federal Advisory Committee Act and the General Services Administration
regulations (41 CFR part 102-3) covering management of Federal advisory
committees.

    Issued in Washington, DC, on the 7th day of March, 2016.
Stephen Glasscock,
Designated Federal Officer, ITS Joint Program Office.
[FR Doc. 2016-05413 Filed 3-10-16; 8:45 am]
 BILLING CODE 4910-22-P


[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Page 24610]
[FR Doc No: 2023-08467]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Staff Attendance at North American Electric Reliability
Corporation Standard Drafting Team Meetings

    The Federal Energy Regulatory Commission hereby gives notice that
members of the Commission and/or Commission staff may attend the
following meetings:
    North American Electric Reliability Corporation Project 2021-07
Extreme Cold Weather Grid Operations, Preparedness, and Coordination
Standard Drafting Team Meetings on:

April 18, 2023 (1 p.m.-3 p.m. eastern time)
April 20, 2023 (1 p.m.-3 p.m. eastern time)
April 27, 2023 (1 p.m.-2:30 p.m. eastern time)

    Further information regarding these meetings may be found at:
https://www.nerc.com/Pages/Calendar.aspx.
    The discussions at the meetings, which are open to the public, may
address matters at issue in the following Commission proceeding:

Docket No. RD23-1-000 Extreme Cold Weather Reliability Standards EOP-
011-3 and EOP-012-1

    For further information, please contact Chanel Chasanov, 202-502-
8569, or [email protected].

    Dated: April 17, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-08467 Filed 4-20-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 19 (Tuesday, January 29, 2013)]
[Rules and Regulations]
[Pages 6033-6035]
[FR Doc No: 2013-01794]

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

DEPARTMENT OF HOMELAND SECURITY

 Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-1088]
RIN 1625-AA00

Safety Zone; MODU KULLUK; Sitkalidak Island to Kiliuda Bay, AK

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters, from surface to seabed, around the MODU KULLUK
currently located near Ocean Bay, Sitkalidak Island, Alaska with
anticipated movement into Kiliuda Bay, Alaska. The temporary safety
zone will encompass the navigable waters within a one nautical mile
radius of the MODU KULLUK while it is aground near Sitkalidak Island
and will decrease to encompass the navigable waters within 500 yards of
the MODU KULLUK while it is being towed through and anchored within
Kiliuda Bay. The purpose of the safety zones is to protect persons and
vessels from the inherent dangers of salvage, towing and recovery
operations of the MODU KULLUK. This safety zone in effect continues the
temporary safety zone that was established immediately following the
MODU KULLUK grounding and provides a longer effective period in
anticipation of extended salvage efforts and eventual tow to another
location.

DATES: This rule is effective with actual notice from January 6, 2013
until January 29, 2013. This rule is effective in the Federal Register
from January 29, 2013 until March 31, 2013.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0668 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-1088 in the
``Search'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR John Cashman, U.S. Coast Guard, Seventeenth Coast
Guard District; telephone<PHONE_NUMBER><EMAIL_ADDRESS>If you
have questions on viewing or submitting material to the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
MODU KULLUK grounded during severe weather in the vicinity of
Sitkalidak Island and response, recovery and salvage efforts began
immediately. A temporary final rule (USCG-2011-0668) was issued on
January 2, 2013 creating a safety zone one nautical mile around the
MODU KULLUK. This new temporary final rule is established to cover the
anticipated time necessary for salvage operations, the towing of MODU
KULLUK to Kiliuda Bay and the operations necessary to assess and repair
the vessel.
    For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register because immediate
action is needed to minimize potential danger to the public during the
period of time when there will be unusually high vessel traffic engaged
in conducting the salvage operations in the vicinity of Ocean Bay,
Sitkalidak Island, Alaska and during the tow and recovery of MODU
KULLUK in Kiliuda Bay.

B. Basis and Purpose

    The MODU KULLUK unexpectedly grounded during severe weather in the
vicinity of Sitkalidak Island, Alaska, precipitating a salvage and
recovery operation. The Coast Guard believes a safety zone is needed
based on the significant number of persons, vessels and activities
necessary to conduct salvage of the MODU KULLUK, a non-self-propelled
vessel. The salvage operations are expected to involve a large number
of vessels, including tow vessels, pollution response vessels and dive
vessels. The salvage, tow and recovery operations including towing and
anchoring the vessel, assessment and repair is anticipated to take up
to 90 days.
    A temporary safety zone is needed to ensure vessels engaged in the
salvage operation are able to maneuver unimpeded in the vicinity of the
MODU KULLUK and to keep other mariners a safe distance from heavy
equipment, large vessels, cables, divers and other activities involved
in the salvage operations occurring in the vicinity of Ocean Bay and
Partition Cove on the South side of Sitkalidak Island near Kodiak
Island, Alaska and during the towing, anchoring, assessment and repairs
of the MODU KULLUK that will take place within the navigable waters of
Kiliuda Bay.

C. Discussion of Final Rule

    For the reasons stated above, the Coast Guard is establishing a
safety zone in the navigable waters, from surface to seabed, within a
one nautical mile radius of the MODU KULLUK while it is aground near
Ocean Bay, Sitkalidak Island, and for all navigable waters, from
surface to seabed, within 500 yards of the MODU KULLUK at all other
times once it is floating free from the seabed, from January 6, 2013
through March 31, 2013. If the salvage and recovery operations are
completed, and the safety zone is determined to be no longer necessary,
enforcement of the zone will end prior to March 31, 2013.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The rule is not a significant regulatory action due to the minimal
impact this will have on standard vessel operations within the vicinity
of Sitkalidak Island and Kiliuda Bay during the winter months and it
will be enforced for a short duration. The proposed safety zone is
designed to allow vessels transiting through the area to safely travel
around the MODU KULLUK salvage operation, towing and recovery areas
without incurring additional cost or delay.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities. This rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit through or anchor in the vicinity of Ocean Bay,
Sitkalidak Island or within Kiliuda Bay in the vicinity of the MODU
KULLUK from January 6, 2013 to March 31, 2013.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will be effective for a short period of time, enforcement will end
once the salvage operations are completed and the zone is limited to
the waters within one nautical mile of the MODU KULLUK while aground
and within 500 yards of the MODU KULLUK while it is towed or at anchor
within Kiliuda Bay. Minimal use of the waterway is expected due to the
winter weather conditions.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule involves establishing regulations for a safety zone. This
rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0171.1.

0
2. Add Sec.  165.T17-1088 to read as follows:

Sec.  165.T17-1088  Safety Zone; MODU KULLUK, Ocean Bay, Sitkalidak
Island and Shelikof Strait, Alaska.

    (a) Location. The following areas are safety zones: All navigable
waters, from the surface to the seabed, within one nautical mile of the
MODU KULLUK, a large ocean-going drill vessel, while it is aground in
the vicinity of Ocean Bay and Partition Cove, Sitkalidak Island,
Alaska, in approximate position 57 degrees, 05.4' N; 153 degrees, 06.1'
W and all navigable waters, from surface to seabed, within 500 yards of
the MODU KULLUK, once it is floating free from the seabed including
times that it is under tow and at anchor in the vicinity of Kodiak
Island and Kiliuda Bay, Alaska.
    (b) Effective date. The safety zone is effective beginning January
6, 2013, and terminates at 11:59 p.m. on March 31, 2013. Enforcement of
this safety zone may end earlier if ordered by the Captain of the Port,
Western Alaska.
    (c) Regulations. The general regulations governing safety zones
contained in Sec.  165.23 apply to all vessels operating within the
areas described in paragraph (a). In addition to the general
regulations, the following provisions apply to this safety zone:
    (1) All persons and vessels shall comply with the instructions of
the Captain of the Port (COTP) or designated on-scene representative,
consisting of commissioned, warrant, and petty officers of the Coast
Guard. Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of a vessel shall proceed
as directed by the COTP's designated on-scene representative.
    (2) Entry into the safety zone is prohibited unless authorized by
the COTP or his designated on-scene representative. Any persons
desiring to enter the safety zone must contact the designated on-scene
representative on VHF channel 16 (156.800 MHz) and receive permission
prior to entering.
    (3) If permission is granted to transit within the safety zone, all
persons and vessels must comply with the instructions of the designated
on-scene representative.
    (4) The COTP will notify the maritime and general public by marine
information broadcast during the period of time that the safety zones
are in force including notification that the MODU KULLUK is free from
the ocean bottom and the subsequent reduction in size of the safety
zone by providing notice in accordance with 33 CFR 165.7.
    (d) Penalties. Persons and vessels violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: January 6, 2013.
P. Mehler, III,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 2013-01794 Filed 1-28-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Notices]
[Page 35630]
[FR Doc No: 2018-16081]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP18-980-000.
    Applicants: Panther Interstate Pipeline Energy, LLC.
    Description: Tariff Cancellation: PIPE Resubmission of Tariff
Cancellation Filing to be effective 7/17/2018.
    Filed Date: 7/17/18.
    Accession Number: 20180717-5074.
    Comments Due: 5 p.m. ET 7/30/18.

    Docket Numbers: RP18-982-000.
    Applicants: Eastern Shore Natural Gas Company.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate and Non-
Conforming Agreements to be effective 7/20/2018.
    Filed Date: 7/18/18.
    Accession Number: 20180718-5088.
    Comments Due: 5 p.m. ET 7/30/18.

    Docket Numbers: RP18-983-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Exelon
8950525 eff 11-01-2018 to be effective 11/1/2018.
    Filed Date: 7/18/18.
    Accession Number: 20180718-5103.
    Comments Due: 5 p.m. ET 7/30/18.

    Docket Numbers: RP18-984-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Equitrans' Clean Up Filing--
July 2018 to be effective 8/18/2018.
    Filed Date: 7/18/18.
    Accession Number: 20180718-5115.
    Comments Due: 5 p.m. ET 7/30/18.

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

    Dated: July 19, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-16081 Filed 7-26-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 100 (Tuesday, May 24, 2022)]
[Rules and Regulations]
[Pages 31386-31391]
[FR Doc No: 2022-11059]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1185; Project Identifier AD-2021-00339-E;
Amendment 39-22040; AD 2022-10-02]
RIN 2120-AA64

Airworthiness Directives; Honeywell International, Inc. (Type
Certificate Previously Held by AlliedSignal, Inc. and Textron Lycoming)
Turboshaft Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2002-03-
01, which applied to certain Honeywell International, Inc. (Honeywell)
T53 model turboshaft engines. AD 2002-03-01 required initial and
repetitive special vibration tests of the engine and, if necessary,
replacement with a serviceable reduction gearbox assembly, or a
serviceable engine before further flight. This AD was prompted by
reports of tachometer drive spur gear failure, resulting in potential
engine overspeed, loss of power turbine speed (N2) instrument panel
indication, and hard landings. This AD requires initial and repetitive
special vibration tests of the engine and, depending on the results,
replacement of either the reduction gearbox assembly or the engine. The
FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective June 28, 2022.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 28,
2022.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of March
21, 2002 (67 FR 6857, February 14, 2002).

ADDRESSES: For service information identified in this final rule,
contact Honeywell International, Inc., 111 South 34th Street, Phoenix,
AZ 85034; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; website: https://myaerospace.honeywell.com/wps/portal. You may view this service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 1200 District Avenue, Burlington, MA 01803. For
information on the availability of this material at the FAA, call (817)
222-5110. It is also available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1185.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1185; 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, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Jeffrey Chang, Aviation Safety
Engineer, Los Angeles ACO Branch, FAA, 3960 Paramount Boulevard,
Lakewood, CA 90712; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2002-03-01, Amendment 39-12642 (67 FR 6857,
February 14, 2002), (AD 2002-03-01). AD 2002-03-01 applied to Honeywell
(formerly AlliedSignal, Inc. and Textron Lycoming) T5311A, T5311B,
T5313B, T5317A, T5317B, and former military T53-L-11, T53-L-11A, T53-L-
11B, T53-L-11C, T53-L-11D, T53-L-11A S/SA, T53-L-13B, T53-L-13B S/SA,
T53-L-13B S/SB, and T53-L-703 model turboshaft engines. The NPRM
published in the Federal Register on January 24, 2022 (87 FR 3470). The
NPRM was prompted by reports indicating that Honeywell T5317A-1 and
T5317BCV model turboshaft engines are subject to the same unsafe
condition identified in AD 2002-03-01, tachometer drive spur gear
failures due to vibration loads. These model turboshaft engines were
not included in the applicability of AD 2002-03-01. The FAA and
Honeywell determined that the Honeywell T5317A-1 engine model was
inadvertently left out of the applicability of AD 2002-03-01 and the
Honeywell T5317BCV engine model was introduced into production after
the publication of AD 2002-03-01. In the NPRM, the FAA proposed to
continue to require initial and repetitive special vibration tests of
the engine and, depending on the results, replacement of either the
reduction gearbox assembly or the engine. In the NPRM, the FAA also
proposed to expand the applicability to include Honeywell T5317A-1 and
T5317BCV model turboshaft engines.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from an individual commenter. The
following presents the comments received on the NPRM and the FAA's
response to each comment.

Request To Withdraw the NPRM

    An individual commenter commented that both the NPRM and the AD
being superseded [AD 2002-03-01] are redundant based on the service
bulletins Honeywell published addressing the unsafe condition. The
commenter suggested that if a new AD is published, the AD should
include language allowing operators already in compliance to remain in
compliance until the next due time. The commenter added that the
changes in the NPRM seem more appropriate for an AD revision than that
of publishing a new AD since the reference material and unsafe
condition remain unchanged. Additionally, the commenter suggested that
the justification for the NPRM, based on the introduction of Honeywell
T5317A-1 and T5317BCV model turboshaft engines, is inaccurate as both
series are already included in the Honeywell service bulletins.
    The FAA disagrees with withdrawing the NPRM. Issuance of this AD is
necessary in order to mandate the required actions on the affected
engines to address the unsafe condition. Service information
incorporated by reference under 1 CFR part 51 in AD 2002-03-01 is also
incorporated by reference in this AD. The required actions for certain
engine models continue to be required by this AD. As a result,
operators who accomplished the required actions in AD 2002-03-01 before
the effective date of this AD, are in compliance with paragraph (g)(1)
of this AD based on paragraph (f) Compliance, which requires operators
to comply with this AD within the compliance times specified, unless
already done. Therefore, for operators that already complied with
paragraph (g)(1) of this AD prior to the effective date, the next
repetitive special vibration test of the engine must be accomplished
before exceeding the specified flight hours in paragraph (g)(2) of this
AD. Since the effective date of AD 2002-03-01, Honeywell published
Honeywell Service Bulletin (SB) T53-0147, dated May 29, 2007, and
Honeywell Maintenance Manual Temporary Revision (TR) No. 165, dated
July 29, 2020, which specify procedures for performing the initial and
repetitive special vibration tests on Honeywell T5317A-1 and T5317BCV
model turboshaft engines. Regarding the request to revise AD 2002-03-01
instead of issuing this superseding AD, the method to revise AD 2002-
03-01 is through superseding it, which this AD does.

Revision to the Required Actions

    Since the NPRM published, the FAA determined the need to remove the
Definitions paragraph from this AD and instead, revise the required
actions in paragraph (g)(1) of this AD. In the NPRM, the FAA proposed
to define a ``reduction gearbox assembly eligible for installation'' as
a new, zero hour reduction gearbox assembly or an overhauled reduction
gearbox assembly with tachometer drive spur gear P/N 1-070-062-04 or P/
N 1-070-062-06 that does not exceed the 0.2 IPS limit for any peak
within the RPM/frequency bands during the administered special
vibration test. In the NPRM, the FAA also proposed to define an
``engine eligible for installation'' as an engine with tachometer drive
spur gear P/N 1-070-062-04 or P/N 1-070-062-06 that does not exceed the
0.2 IPS limit for any peak within the RPM/frequency bands during the
administered special vibration test. Both of these proposed definitions
would have required operators to first perform a special vibration test
on the engine or reduction gearbox assembly before further flight after
installation. In lieu of these definitions, the FAA revised paragraph
(g)(1) of this AD to require a special vibration test before further
flight for a

newly installed engine or newly installed reduction gearbox assembly.
The FAA also revised the proposed action in paragraph (g)(3) by
removing reference to those previously defined terms in the proposal
and removing the proposed actions in paragraphs (g)(4) and (5) of the
NPRM.

Conclusion

    The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting the AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. Except for minor editorial changes, this
AD is adopted as proposed in the NPRM. None of the changes will
increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed AlliedSignal, Inc. SB T5311A/B-0100, dated January
20, 2000. This SB specifies procedures for performing a special
vibration check on Honeywell T5311A and T5311B model turboshaft
engines.
    The FAA reviewed AlliedSignal, Inc. SB T5313B/17-0100, dated
November 19, 1999. This SB specifies procedures for performing a
special vibration check on Honeywell T5313B, T5317A, and T5317B model
turboshaft engines.
    The FAA reviewed Honeywell SB T53-0147, dated May 29, 2007. This SB
specifies procedures for performing a special vibration check on
Honeywell T5317A-1 model turboshaft engines.
    The FAA reviewed Honeywell Maintenance Manual TR No. 165, dated
July 29, 2020. This TR specifies procedures for performing a special
vibration check on Honeywell T5313B, T5317A, T5317A-1, T5317B, and
T5317BCV model turboshaft engines.
    The FAA reviewed AlliedSignal, Inc. SB T53-L-11-0100, Revision 2,
dated January 20, 2000. This SB specifies procedures for performing a
special vibration check on Honeywell T53-L-11, -11A, -11B, -11C, -11D,
and -11A S/SA model turboshaft engines.
    The FAA reviewed AlliedSignal, Inc. SB T53-L-13B-0100, Revision 2,
dated May 11, 1999. This SB specifies procedures for performing a
special vibration check on Honeywell T53-L-13B, -13B S/SA, and -13B S/
SB model turboshaft engines.
    The FAA reviewed AlliedSignal, Inc. SB T53-L-703-0100, Revision 2,
dated May 11, 1999. This SB specifies procedures for performing a
special vibration check on Honeywell T53-L-703 model turboshaft
engines.
    The Director of the Federal Register approved AlliedSignal, Inc. SB
T5313B/17-0100, dated November 19, 1999; AlliedSignal, Inc. SB T53-L-
13B-0100, Revision 2, dated May 11, 1999; AlliedSignal, Inc. SB T53-L-
703-0100, Revision 2, dated May 11, 1999; AlliedSignal, Inc. SB T5311A/
B-0100, dated January 20, 2000; and AlliedSignal, Inc. SB T53-L-11-
0100, Revision 2, dated January 20, 2000, for incorporation by
reference as of March 21, 2002 (67 FR 6857, February 14, 2002). This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.

Other Related Service Information

    The FAA reviewed AlliedSignal, Inc. SB T5311/T53-L-11-0103, dated
January 20, 2000. This SB specifies procedures for replacing the
reduction gearbox assembly on Honeywell T5311A and T5311B model
turboshaft engines and Honeywell T53-L-11, -11A, -11B, -11C, -11D, and
-11A S/SA model turboshaft engines.
    The FAA reviewed AlliedSignal, Inc. SB T5313B/17-0103, dated
November 19, 1999. This SB specifies procedures for replacing the
reduction gearbox assembly on Honeywell T5313B, T5317A, and T5317B
model turboshaft engines.
    The FAA reviewed AlliedSignal, Inc. SB T53-L-13B-0103, Revision 4,
dated November 2, 1999. This SB specifies procedures for replacing the
reduction gearbox assembly on Honeywell T53-L-13B, -13B S/SA, and -13B
S/SB model turboshaft engines.
    The FAA reviewed AlliedSignal, Inc. SB T53-L-703-0103, Revision 4,
dated November 2, 1999. This SB specifies procedures for replacing the
reduction gearbox assembly on Honeywell T53-L-703 model turboshaft
engines.

Costs of Compliance

    The FAA estimates that this AD affects 150 engines installed on
helicopters of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Special vibration test of the engine..  4 work-hours x $85 per                $0            $340         $51,000
                                         hour = $340.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacement that would be required based on the results of the special
vibration test. The agency has no way of determining the number of
aircraft that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace the reduction gearbox assembly........  40 work-hours x $85 per hour =           $48,000         $51,400
                                                 $3,400.
Replace the engine............................  24 work-hours x $85 per hour =           250,577         252,617
                                                 $2,040.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, General requirements.
Under that section, Congress charges the FAA

with promoting safe flight of civil aircraft in air commerce by
prescribing regulations for practices, methods, and procedures the
Administrator finds necessary for safety in air commerce. This
regulation is within the scope of that authority because it addresses
an unsafe condition that is likely to exist or develop on products
identified in this rulemaking action.

Regulatory Findings

    The FAA has determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) 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:
0
a. Removing Airworthiness Directive 2002-03-01, Amendment 39-12642 (67
FR 6857, February 14, 2002); and
0
b. Adding the following new airworthiness directive:

2022-10-02 Honeywell International Inc. (Type Certificate previously
held by AlliedSignal, Inc. and Textron Lycoming): Amendment 39-
22040; Docket No. FAA-2021-1185; Project Identifier AD-2021-00339-E.

(a) Effective Date

    This airworthiness directive (AD) is effective June 28, 2022.

(b) Affected ADs

    This AD replaces AD 2002-03-01, Amendment 39-12642 (67 FR 6857,
February 14, 2002).

(c) Applicability

    This AD applies to Honeywell International, Inc. (Type
Certificate previously held by AlliedSignal, Inc. and Textron
Lycoming) T5311A, T5311B, T5313B, T5317A, T5317A-1, T5317B,
T5317BCV, and former military T53-L-11, T53-L-11A, T53-L-11B, T53-L-
11C, T53-L-11D, T53-L-11A S/SA, T53-L-13B, T53-L-13B S/SA, T53-L-13B
S/SB, and T53-L-703 model turboshaft engines.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of tachometer drive spur gear
failure, resulting in potential engine overspeed, loss of power
turbine speed (N2) instrument panel indication, and hard landings.
The FAA is issuing this AD to prevent excessive vibrations produced
by the reduction gearbox assembly that could cause failure of the
tachometer drive spur gear. The unsafe condition, if not addressed,
could result in failure of the engine, loss of thrust control, and
damage to the aircraft.

(f) Compliance

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

(g) Required Actions

    (1) Within 100 flight hours (FHs) after the effective date of
this AD, or before further flight for a newly installed engine or
newly installed reduction gearbox assembly, perform an initial
special vibration test of the engine using the service information,
as applicable to the engine model, listed in Table 1 to paragraph
(g)(1) of this AD.
BILLING CODE 4910-13-P

[GRAPHIC] [TIFF OMITTED] TR24MY22.000

BILLING CODE 4910-13-C
    (2) Thereafter, within the following compliance times, perform
repetitive special vibration tests of the engine:
    (i) For engines that have tachometer drive spur gear part number
(P/N) 1-070-062-04 installed, perform a repetitive special vibration
test before exceeding 500 FHs since the last special vibration test.
    (ii) For engines that have tachometer drive spur gear P/N 1-070-
062-06 installed, perform a repetitive special vibration test before
exceeding 1,000 FHs since the last special vibration test.
    (3) If, during any special vibration test required by paragraph
(g)(1) or (2) of this AD, an engine exceeds the 0.2 inches per
second (IPS) limit for any peak RPM/frequency bands, before further
flight, remove the reduction gearbox assembly or the engine from
service.

(h) No Reporting Requirement

    The reporting requirements in the Accomplishment Instructions,
paragraph 3.A. or paragraph 11.F, of the service information, as
applicable to the engine model, listed in Table 1 to paragraph
(g)(1) of this AD, are not required by this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (j) of this AD. Information may
be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) AMOCs approved for AD 2002-03-01 (67 FR 6857, February 14,
2002) are approved as AMOCs for the corresponding provisions of this
AD.

(j) Related Information

    For more information about this AD, contact Jeffrey Chang,
Aviation Safety Engineer, Los Angeles ACO Branch, FAA, 3960
Paramount Boulevard, Lakewood, CA 90712; phone:<PHONE_NUMBER>; fax:
(562) 627-5210; email: [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
June 28, 2022.
    (i) Honeywell Service Bulletin (SB) T53-0147, dated May 29,
2007.
    (ii) Honeywell Maintenance Manual Temporary Revision No. 165,
dated July 29, 2020.
    (4) The following service information was approved for IBR on
March 21, 2002 (67 FR 6857, February 14, 2002).

    (i) AlliedSignal, Inc. SB T5311A/B-0100, dated January 20, 2000.
    (ii) AlliedSignal, Inc. SB T5313B/17-0100, dated November 19,
1999.
    (iii) AlliedSignal, Inc. SB T53-L-11-0100, Revision 2, dated
January 20, 2000.
    (iv) AlliedSignal, Inc. SB T53-L-13B-0100, Revision 2, dated May
11, 1999.
    (v) AlliedSignal, Inc. SB T53-L-703-0100, Revision 2, dated May
11, 1999.
    (5) For service information identified in this AD, contact
Honeywell International, Inc., 111 South 34th Street, Phoenix, AZ
85034; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; website: https://myaerospace.honeywell.com/wps/portal.
    (6) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 5, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-11059 Filed 5-23-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 204 (Friday, October 21, 2011)]
[Proposed Rules]
[Pages 65421-65424]
[FR Doc No: 2011-27267]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1155; Directorate Identifier 2011-CE-032-AD]
RIN 2120-AA64

Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Schempp-Hirth Flugzeugbau GmbH Model Discus 2cT gliders. This proposed
AD results from mandatory continuing airworthiness information (MCAI)
originated by an aviation authority of another country to identify

and correct an unsafe condition on an aviation product. The MCAI
describes the unsafe condition as:

    It has been reported that small cracks on engine pylons, in the
area of the lower engine support, were not detected through the
``standard'' inspection required by the daily inspection
instructions. The cracks were discovered only after having
significantly grown.
    This condition, if not detected and corrected, could lead to an
engine pylon failure and consequent damage to the aeroplane or
injury to people on the ground.

    The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by December 5,
2011.

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 proposed AD, contact:
Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 25, D-73230 Kirchheim/
Teck, Germany; phone: +49 7021 7298-0; fax +49 7021 7298-199; Internet:
http://www.schempp-hirth.com; e-mail<EMAIL_ADDRESS>    You may review copies of the referenced service information at the
FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-1155;
Directorate Identifier 2011-CE-032-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD No.: 2011-0146, dated August 3, 2011 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    It has been reported that small cracks on engine pylons, in the
area of the lower engine support, were not detected through the
``standard'' inspection required by the daily inspection
instructions. The cracks were discovered only after having
significantly grown.
    This condition, if not detected and corrected, could lead to an
engine pylon failure and consequent damage to the aeroplane or
injury to people on the ground.
    For the reasons described above, this AD requires to replace the
daily inspections pages of the Aircraft Flight Manual (AFM) that are
describing the engine pylon inspection instructions, to inspect the
affected engine pylon area in accordance with those instructions,
and the replacement with a newly designed engine pylon in case of
findings.

    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Schempp-Hirth Flugzeugbau GmbH has issued Schempp-Hirth Flugzeugbau
GmbH Technical Note No. 863-14, dated July 18, 2006; and Schempp-Hirth
Flugzeugbau GmbH Technical Note No. 863-20, Revision 1, dated July 27,
2011. The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Differences Between This Proposed AD and the MCAI or Service
Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We have proposed additional actions in this AD from those in the
MCAI to provide for additional inspections. We believe that in addition
to the daily pilot inspections of the engine pylon, that an initial and
annual repetitive inspection be accomplished by a properly certificated
aircraft mechanic. We might also have proposed different actions in
this AD from those in the MCAI in order to follow FAA policies. Any
such differences are highlighted in a NOTE within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 3 products of U.S.
registry. We also estimate that it would take about 1 work-hour per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $255, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 8 work-hours and require parts costing $1,697, for a cost of
$2,377 per product. We have no way of

determining the number of products that may need these actions.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Schempp-Hirth Flugzeugbau: Docket No. FAA-2011-1155; Directorate
Identifier 2011-CE-032-AD.

Comments Due Date

    (a) We must receive comments by December 5, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Schempp-Hirth Flugzeugbau Discus 2cT
gliders, serial numbers 1 through 35, certificated in any category,
except those on which a engine pylon, part number (P/N) M03RT841, is
installed.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    It has been reported that small cracks on engine pylons, in the
area of the lower engine support, were not detected through the
``standard'' inspection required by the daily inspection
instructions. The cracks were discovered only after having
significantly grown.
    This condition, if not detected and corrected, could lead to an
engine pylon failure and consequent damage to the aeroplane or
injury to people on the ground.
    For the reasons described above, this AD requires to replace the
daily inspections pages of the Aircraft Flight Manual (AFM) that are
describing the engine pylon inspection instructions, to inspect the
affected engine pylon area in accordance with those instructions,
and the replacement with a newly designed engine pylon in case of
findings.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 30 days after the effective date of this AD, replace
the daily inspection pages of the airplane flight manual following
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-20 Revision 1,
dated July 27, 2011. The actions required by this paragraph may be
performed by the owner/operator (pilot) holding at least a private
pilot certificate and must be entered into the aircraft records
showing compliance with this AD in accordance with 14 CFR 43.9
(a)(1)-(4) and 14 CFR 91.417(a)(2)(v). The record must be maintained
as required by 14 CFR 91.417, 121.380, or 135.439. All other actions
in this AD must be done by a properly certificated aircraft
mechanic.
    (2) Before further flight after doing the action in paragraph
(f)(1) of this AD and repetitively thereafter at intervals not to
exceed every 12 months, inspect the engine pylon for damage or
cracks, following the daily inspection instructions as amended by
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-20 Revision 1,
dated July 27, 2011.
    (3) If during the daily inspections in the instructions amended
by Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-20 Revision
1, dated July 27, 2011 in paragraph (f)(1) of this AD or the
inspections required in paragraph (f)(2) of this AD, any damage or
crack is found on the engine pylon, before further flight, replace
the engine pylon with an engine pylon part number M03RT841 following
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-14, dated July
18, 2006.

FAA AD Differences

    Note:  This AD differs from the MCAI and/or service information
as follows: In addition to the daily pilot inspections of the engine
pylon required by the foreign authority, the FAA also requires an
initial and annual repetitive inspection by a properly certificated
aircraft mechanic.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Jim Rutherford, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments

concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.,
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

Related Information

    (h) Refer to MCAI EASA AD No.: 2011-0146, dated August 3, 2011;
Schempp-Hirth Flugzeugbau GmbH Technical Note No. 863-14, dated July
18, 2006; and Schempp-Hirth Flugzeugbau GmbH Technical Note No. 864-
20 Revision 1, dated July 27, 2011, for related information. For
service information related to this AD, contact Schempp-Hirth
Flugzeugbau GmbH, Krebenstrasse 25, D-73230 Kirchheim/Teck, Germany;
phone: +49 7021 7298-0; fax +49 7021 7298-199; Internet: http://
www.schempp-hirth.com; e-mail<EMAIL_ADDRESS>You may
review copies of the referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on October 17, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-27267 Filed 10-20-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Notices]
[Pages 54655-54656]
[FR Doc No: 2015-22811]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0032]

Commercial Driver's License Standards: Application for Exemption;
Daimler Trucks North America (Daimler)

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

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA announces that Daimler Trucks North America (Daimler)
has requested an exemption for one commercial motor vehicle (CMV)
driver, Michael Seitter, from the Federal requirement to hold a
commercial driver's license (CDL) issued by one of the States. This
project engineer holds a valid German CDL and wants to test-drive
Daimler vehicles on U.S. roads to better understand product
requirements for these systems in ``real world'' environments, and
verify results. Daimler believes the requirements for a German CDL
ensure that holders of the license will likely achieve a level of
safety equal to or greater than that of drivers who hold a U.S. State-
issued CDL.

DATES: Comments must be received on or before October 13, 2015.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2012-0032 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to www.regulations.gov, including any personal
information provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or

comments received, go to www.regulations.gov at any time and in the box
labeled ``SEARCH for'' enter FMCSA-2012-0032 and click on the tab
labeled ``SEARCH.''
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can get electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, FMCSA Driver
and Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from the Federal Motor Carrier Safety Regulations. FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
    The Agency reviews the safety analyses and the public comments, and
determines whether granting the exemption would likely achieve a level
of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reason for granting or denying the exemption, and,
if granted, the specific person or class of persons receiving the
exemption, and the regulatory provision or provisions from which
exemption is granted. The notice must specify the effective period of
the exemption (up to 2 years), and explain the terms and conditions of
the exemption. The exemption may be renewed (49 CFR 381.300(b)).
    Since 2012, FMCSA has granted five Daimler drivers similar
exemptions [May 25, 2012 (77 FR 31422); July 22, 2014 (79 FR 42626);
August 29, 2014 (79 FR 516910); March 27, 2015 (80 FR 16511)]. Each of
these drivers held a valid German commercial license but lacked the
U.S. residency required to obtain a CDL. FMCSA has concluded that the
process for obtaining a German commercial license is comparable to or
as effective as the U.S. CDL requirements and ensures that these
drivers will likely achieve a level of safety equivalent to or greater
than the level that would be obtained in the absence of the exemption.

Request for Exemption

    Daimler has applied for an exemption for one of its engineers from
49 CFR 383.23, which prescribes licensing requirements for drivers
operating CMVs in interstate or intrastate commerce. This driver,
Michael Seitter, holds a valid German CDL but is unable to obtain a CDL
in any of the U.S. States due to residency requirements. A copy of the
application is in Docket No. FMCSA-2012-0032.
    The exemption would allow Mr. Seitter to operate CMVs in interstate
or intrastate commerce to support Daimler field tests designed to meet
future vehicle safety and environmental requirements and to develop
improved safety and emission technologies. According to Daimler, Mr.
Seitter will typically drive for no more than 6 hours per day for 2
consecutive days, and 10 percent of the test driving will be on two-
lane State highways, while 90 percent will be on interstate highways.
The driving will consist of no more than 200 miles per day, for a total
of 400 miles during a two-day period on a quarterly basis. He will in
all cases be accompanied by a holder of a U.S. CDL who is familiar with
the routes to be traveled. Daimler requests that the exemption cover a
two-year period.
    FMCSA has previously determined that the process for obtaining a
German commercial license is comparable to the Federal requirements of
49 CFR part 383 and adequately assesses a driver's ability to operate
CMVs in the United States.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA
requests public comment on Daimler's application for an exemption from
the CDL requirements of 49 CFR 383.23. The Agency will consider all
comments received by close of business on October 13, 2015. Comments
will be available for examination in the docket at the location listed
under the ADDRESSES section of this notice.

    Issued on: September 2, 2015.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-22811 Filed 9-9-15; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: May 7, 2008 (Volume 73, Number 89)]
[Notices]
[Page 25757-25758]
[DOCID:fr07my08-93]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket Nos. TSA-2006-24191; USCG-2006-24196]

Transportation Worker Identification Credential (TWIC)
Implementation in the Maritime Sector; Hazardous Materials Endorsement
for a Commercial Driver's License

AGENCY: United States Coast Guard; DHS.

ACTION: Notice of compliance date, Captain of the Port Zones Boston,
Northern New England, and Southeastern New England.

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

SUMMARY: This Notice informs owners and operators of facilities located
within Captain of the Port Zones Boston, Northern New England, and
Southeastern New England that they must implement access control
procedures utilizing TWIC no later than October 15, 2008.

DATES: This Notice is effective May 7, 2008.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this notice as being available in the docket,
are part of dockets TSA-2006-24191 and USCG-2006-24196, and are
available for inspection or copying at the Docket Management Facility,
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. You
may also find this docket on the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this Notice,
call LCDR Jonathan Maiorine, telephone 1-877-687-2243. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Regulatory History

    On May 22, 2006, the Department of Homeland Security (DHS) through
the United States Coast Guard (Coast Guard) and the Transportation
Security Administration (TSA) published a joint notice of proposed
rulemaking entitled ``Transportation Worker Identification Credential
(TWIC) Implementation in the Maritime Sector; Hazardous Materials
Endorsement for a Commercial Driver's License'' in the Federal Register
(71 FR 29396). This was followed by a 45-day comment period and four
public meetings. The Coast Guard and TSA issued a joint final rule,
under the same title, on January 25, 2007 (72 FR 3492) (hereinafter
referred to as the original TWIC final rule). The preamble to that
final rule contains a discussion of all the comments received on the
NPRM, as well as a discussion of the provisions found in the original
TWIC final rule, which became effective on March 26, 2007.
    In a separate section of today's Federal Register, the Coast Guard
and TSA issued a final rule to realign the compliance date for
implementation of the Transportation Worker Identification Credential.
The date by which mariners need to obtain a TWIC, and by which owners
and operators of vessels, facilities, and outer continental shelf
facilities, who have not otherwise been required to implement access
control procedures utilizing TWIC, must implement those procedures, is
now April 15, 2009 instead of September 25, 2008. This realignment
provides 18 months from the date the initial enrollment centers became
operational for regulated entities to come into compliances with the
requirements of the TWIC final rule. Owners and operators of facilities
that must comply with 33 CFR part 105 will still be subject to earlier,
rolling compliance dates, as laid out in 33 CFR 105.115(e). As provided
in that regulation, the Coast Guard will announce those dates at least
90 days in advance via notices published in the Federal Register. The
final compliance date will not be later than April 15, 2009.

II. Notice of Facility Compliance Date--COTP Zones Boston, Northern New
England, and Southeastern New England

    Title 33 CFR 105.115(e) currently states that ``[f]acility owners
and operators must be operating in accordance with the TWIC provisions
in this part by the date set by the Coast Guard in a Notice to be
published in the Federal Register.'' Through this Notice, the Coast
Guard informs the owners and operators of facilities subject to 33 CFR
105.115(e) located within the following Captain of the Port Zones:
Boston, Northern New England, and Southeastern New England that the
deadline for their compliance with Coast Guard and TSA TWIC
requirements is October 15, 2008.
    We have determined that this date provides sufficient time for the
estimated population required to obtain TWICs for these COTPs to enroll
and for TSA to complete the necessary security threat assessments for
those enrollment applications. We strongly encourage persons requiring
unescorted access to facilities regulated by 33 CFR part 105 and
located in one of these COTP Zones to enroll for their TWIC as soon as
possible, if they haven't already. Information on enrollment
procedures, as well as a link to the pre-enrollment web site (which
will also enable an applicant to make an appointment for enrollment),
may be found at https://twicprogram.tsa.dhs.gov.

    Dated: May 2, 2008.
Brian M. Salerno,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety,
Security and Stewardship.
 [FR Doc. E8-10244 Filed 5-6-08; 8:45 am]

BILLING CODE 4910-15-P