[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Notices]
[Pages 49461-49462]
[FR Doc No: 2023-16114]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-R02-OAR-2023-0370; FRL-11172-01-R2]

Air Pollution Control; Proposed Administrative Action on Clean
Air Act Grant to the Puerto Rico Department of Natural and
Environmental Resources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed administrative action to revoke a grant; request for
comments; and notice of opportunity for public hearing.

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

SUMMARY: The EPA is proposing to revoke the Fiscal Year 2019 Clean Air
Act (CAA) section 105 grant awarded to the Puerto Rico Department of
Natural and Environmental Resources (PRDNER) because it has failed to
satisfy the statutory maintenance of effort (MOE) requirement for that
year. The EPA is providing prior notice of its intent to revoke
PRDNER's Fiscal Year 2019 Clean Air Act section 105 grant. When the
proposed action is final, PRDNER will be eligible to receive future CAA
section 105 grants to support its air pollution control program.

DATES: Comments and/or requests for a public hearing must be received
by EPA at the address stated below by August 30, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2023-0370 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Proprietary Business Information (PBI) or Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit

https://www.epa.gov/dockets/commenting-epa-dockets. If you need
assistance in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Carmen R. Guerrero P[eacute]rez,
Director, Caribbean Environmental Protection Division, United States
Environmental Protection Agency--Region 2, City View Plaza II--Suite
700, #48 Rd. 165 km 1.2, Guaynabo, PR 00968-8069. Telephone (787) 977-
5802, Email Address: [email protected].

SUPPLEMENTARY INFORMATION: Section 105 of the Clean Air Act (CAA)
provides grant funding for the continuing air programs of eligible
State, local, and Tribal agencies. In accordance with 40 CFR 35.145(a),
the Regional Administrator may provide air pollution control agencies
up to three-fifths of the approved costs of implementing programs for
the prevention and control of air pollution. CAA section 105 grants
require two types of cost share requirements, a match requirement and
an MOE requirement. An eligible agency must meet a minimum 40% match.
In addition, to remain eligible for CAA section 105 grants, an eligible
agency must meet an MOE requirement under section 105(c)(1) of the CAA,
42 U.S.C. 7405(c)(1).
    Program activities relevant to the match consist of both recurring
and non-recurring (unique, one-time only) expenses. The MOE provision
requires that a state or local agency spend at least the same dollar
level of funds as it did in the previous grant year, but only for the
costs of recurring activities. Specifically, section 105(c)(1) of the
CAA, 42 U.S.C. 7405(c)(1), provides that, ``No agency shall receive any
grant under this section during any fiscal year when its expenditures
of non-Federal funds for recurrent expenditures for air pollution
control programs [maintenance of effort or MOE level] will be less than
its expenditures were for such programs during the preceding fiscal
year.'' The EPA's implementing regulations at 40 CFR 35.146(a)
reiterate the CAA section 105(c)(1) MOE requirement.
    Although the PRDNER has successfully completed a portion of its
Fiscal Year 2019 air pollution control program, PRDNER has faced
challenges that have impacted its ability to meet the statutory MOE
requirement for its Fiscal Year 2019 CAA section 105 grant. By letter
to the EPA dated May 15, 2023, PRDNER explained that compliance with
the MOE has been a challenge due to natural events that affected Puerto
Rico such as hurricanes and earthquakes and the interruptions to the
operations of the Government of Puerto Rico due to the COVID-19
pandemic. The restrictions imposed by the Department of Health to
prevent or reduce the risk of COVID-19 exposure affected PRDNER's
performance of grant workplan tasks. These factors combined with fiscal
constraints and the lack of sufficient human resources to complete the
grant workplan tasks created an MOE shortfall. Since PRDNER did not
satisfy the statutory requirement for the maintenance of effort for
Fiscal Year 2019, EPA intends to revoke PRDNER's Fiscal Year 2019 CAA
section 105 grant. Pursuant to section 105(e) of the CAA, the EPA is
providing prior notice of its intent to revoke PRDNER's Fiscal Year
2019 CAA section 105 grant. The proposed administrative action does not
otherwise impact the air pollution control program already carried out
by PRDNER during Fiscal Year 2019, which ended on September 30, 2019.
    This notice constitutes a request for public comment and an
opportunity for public hearing as required by CAA section 105(e) and
EPA's implementing regulations at 40 CFR 35.148(b). All written
comments received by August 30, 2023 on this proposal will be
considered. EPA will conduct a public hearing on this proposal if EPA
finds, based on written requests for a public hearing, that the issues
raised are substantial or a significant degree of public interest in
this proposal has been expressed; written requests for a hearing must
be received by EPA at the address above by August 30, 2023. If no
written request for a hearing is received or if EPA determines that the
issues raised are insubstantial or no significant degree of public
interest in this proposed action has been expressed, EPA will proceed
to the final action on this grant.

Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2023-16114 Filed 7-28-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Notices]
[Pages 1270-1271]
[FR Doc No: 2019-00742]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. DOT-NHTSA-2018-0093]

Paperwork Reduction Act 60-Day Notice; Request for Comments

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Notice and request for comments on the extension of a
previously approved collection of information.

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

SUMMARY: The Department of Transportation (DOT) invites public comments
about our intention to request approval from the Office of Management
and Budget (OMB) to renew an information collection. Before a Federal
agency can collect certain information from the public, it must receive
approval from the Office of Management and Budget (OMB). Under
procedures established by the Paperwork Reduction Act of 1995, before
seeking OMB approval, Federal agencies must solicit public comment on
proposed collections of information, including extension and
reinstatement of previously approved collections.

DATES: Comments must be received on or before April 2, 2019.

ADDRESSES: You may submit comments [identified by Docket No. DOT-NHTSA-
2018-0093] through one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1<PHONE_NUMBER>.
     Mail or Hand Delivery: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Room W12-140, Washington, DC 20590, between 9

a.m. and 5 p.m., Monday through Friday, except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: Complete copies of each request for
collection of information may be obtained at no charge from Frank
Subalusky, NHTSA, 1200 New Jersey Avenue, SE Room W55-333, NSA-200,
Washington, DC 20590.
    Mr. Subalusky's telephone number is<PHONE_NUMBER>. Please identify
the relevant collection of information by referring to its OMB Control
Number.

SUPPLEMENTARY INFORMATION:
    Title: 23 CFR part 1327 Procedures for Participating In and
Receiving Information from the National Driver Register.
    OMB Control Number: 2127-00010.
    Type of Review: Extension of a previously approved information
collection.
    Abstract: The purpose of the NDR is to assist States and other
authorized users in obtaining information about problem drivers. State
motor vehicle agencies submit and use the information for driver
licensing purposes. Other users obtain the information for
transportation safety purposes.
    Affected Public: State and DC.
    Estimated Number of Respondents: The number of respondents is 51--
the 50 States and the District of Columbia.
    Estimated Annual Burden: 1,742 hours.
    Estimated Cost: There are no annual costs.
    Frequency: On a daily basis.
    Form Numbers: This collection of information uses no standard form.
    Public Comments Invited: You are invited to comment on any aspect
of this information collection, including whether (i) the proposed
collection of information is necessary for the Department's
performance; (ii) the information will have practical utility; (iii)
the accuracy of the estimated burden of the proposed information
collection; (iv) ways to enhance the quality, utility and clarity of
the information to be collected; and (v) ways to minimize the burden of
the collection of information on respondents including the use of
automated collection techniques or other forms of information
technology. The agency will summarize and/or include your comments in
the request for OMB's clearance of this information collection.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1:48.

Cem Hatipoglu,
Acting Associate Administrator for the National Center for Statistics
and Analysis.
[FR Doc. 2019-00742 Filed 1-31-19; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register: August 26, 2010 (Volume 75, Number 165)]
[Notices]
[Page 52574-52576]
[DOCID:fr26au10-101]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62748; File No. SR-FINRA-2010-043]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Proposed Rule Change To
Reinstitute Short Exempt Marking for Trade Reporting and OATS

August 20, 2010.
    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 August 6, 2010, Financial Industry Regulatory Authority, Inc.
(``FINRA'') 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 FINRA. 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

    FINRA is proposing to amend FINRA's trade reporting and Order Audit
Trail System (``OATS'') rules, including changes relating to recent
amendments to SEC Regulation SHO.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA 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
    On February 26, 2010, the SEC adopted amendments to SEC Regulation
SHO.\3\ These amendments, among other things, implement a short sale
circuit breaker for NMS stocks \4\ triggered by a 10% or more decrease
in the price of the security from such security's closing price as
determined by the listing market for that security at the end of
regular trading hours on the prior trading day. Once the circuit
breaker is triggered, Regulation SHO, as amended, is designed to
generally prohibit the execution or display of short sale orders of a
covered security at a price that is less than or equal to the current
national best bid for the remainder of the day and the following day
(``short sale price test restriction''). In addition to the short sale
price test restriction, the amendments to Regulation SHO reinstitute a
short sale exempt marking category by providing that a broker-dealer
may mark certain qualifying sell orders ``short exempt.'' \5\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 61595 (February 26,
2010), 75 FR 11232 (March 10, 2010).
    \4\ NMS stock means any NMS security other than an option. Rule
600(b)(46) of SEC Regulation NMS defines ``NMS security'' as any
security or class of securities for which transaction reports are
collected, processed, and made available pursuant to an effective
transaction reporting plan, or an effective national market system
plan for reporting transactions in listed options. See 17 CFR
242.600(b)(46).
    \5\ The amendments to SEC Regulation SHO became effective on May
10, 2010 with a compliance date of November 10, 2010. See supra note
3.
---------------------------------------------------------------------------

    Paragraphs (c) and (d) of Rule 201 of SEC Regulation SHO set forth
the provisions pursuant to which an order may be marked ``short
exempt'' once the circuit breaker has been triggered pursuant to
paragraph (b)(3). These provisions include:
     Broker-dealer policies and procedures provision.
     Seller's delay in delivery.
     Odd lot transactions.
     Domestic arbitrage.
     International arbitrage.
     Over-allotments and lay-off sales.
     Riskless principal transactions.
     Transactions on a volume-weighted average price basis (or
``VWAP'').\6\
---------------------------------------------------------------------------

    \6\ SEC staff has confirmed that members may use the existing
``.W'' modifier in connection with the VWAP exception of Rule
201(d)(7) of Regulation SHO. The use of the .W modifier would be in
addition to the requirement to report the trade as short exempt.
---------------------------------------------------------------------------

    In light of the reinstitution of the ``short exempt'' marking
category, FINRA is proposing to amend its trade reporting rules
applicable to over-the-counter trades in NMS stocks to reintroduce the
short sale exempt category.\7\ Specifically, FINRA is proposing that,
for short sales in all NMS stocks as defined in Rule 600(b)(47) of SEC
Regulation NMS, members must indicate on trade reports submitted to
FINRA if a transaction is ``short sale exempt'' (i.e., if it is a short
sale transaction in a ``covered security'' that may be marked ``short
exempt'' pursuant to SEC Regulation SHO).\8\
---------------------------------------------------------------------------

    \7\ See FINRA Rules 6182 (Trade Reporting of Short Sales), 6282
(Alternative Display Facility), 6380A (FINRA/Nasdaq TRF), 6380B
(FINRA/NYSE TRF), 7230A (FINRA/Nasdaq TRF), and 7230B (FINRA/NYSE
TRF).
    \8\ FINRA previously required trade reports to indicate if a
transaction was marked ``short exempt''; however, these requirements
were eliminated following the repeal of SEC Rule 10a-1. See
Securities Exchange Act Release No. 56279 (August 17, 2007), 72 FR
48713 (August 24, 2007) (Notice of Filing and Immediate
Effectiveness of File No. SR-NASD-2007-047).
---------------------------------------------------------------------------

    Similarly, FINRA is proposing to amend its OATS rules to provide
that, when an order is received or originated, members must record the
designation of an order as a short sale exempt order if the order may
be marked ``short exempt'' pursuant to SEC Regulation SHO.\9\ FINRA
also is proposing to require that members include the price on all
route reports and a short exempt identifier, if applicable.\10\
---------------------------------------------------------------------------

    \9\ See FINRA Rule 7440(b)(9).
    \10\ Whenever a member transmits an order to another member,
ECN, non-member or national securities exchange for handling or
execution, the routing member is responsible for recording and
reporting a route report to OATS. Under the proposal, route reports
would be required to include the price at which the order was
routed, which may be different from the price received from the
customer, and whether the routed order is short exempt. The short
exempt identifier is important for purposes of route reports because
certain short sale orders will be eligible to be marked exempt
solely as a result of the timing and price of the routed order (See
Rule 201(c) of SEC Regulation SHO).
---------------------------------------------------------------------------

    FINRA is proposing certain additional amendments to its trade
reporting rules, including those applicable to OTC Equity Securities,
as defined in Rule 6420 (i.e., non-NMS stocks) to clarify certain
existing reporting requirements.\11\ First, FINRA is proposing to
clarify that the short sale indicator (and short sale exempt indicator,
for NMS stocks) is required on reports of a ``cross,'' as well as
reports of a ``sell.''
---------------------------------------------------------------------------

    \11\ See FINRA Rules 6282, 6380A, 6380B, 6622, 7230A, 7230B and
7330.
---------------------------------------------------------------------------

    Second, FINRA is proposing to codify the existing requirement that
the information listed in the rule must be provided for each trade that
is reported to FINRA. Today, trade report information can be provided
in a single report, if the reporting member submits trade information
for both sides of the trade, or it can be provided in a combination of
reports, if the reporting member and contra side each submits its own
trade information (as described more fully below). For each trade
reported to FINRA, members must indicate, among other things, whether
the seller (either the reporting member or contra side, irrespective of
whether the contra side is a member) is selling short or short exempt.
    Unless the contra side will have an opportunity to provide its own
trade information (i.e., unless the contra side is a member using the
trade comparison functionality of the facility),\12\ the reporting
member is responsible for providing complete and accurate information
for both sides of the trade, including information from the contra side
perspective such as sell short and sell short exempt, as applicable.
Thus, the reporting member is responsible for satisfying any applicable
contra side information requirements where: (1) The trade is with a
customer or non-member, (2) the trade is with a member and is ``locked
in'' pursuant to a give up agreement, or (3) the trade is reported as
``tape only'' (i.e., for public dissemination purposes without
clearing) or ``non-tape, non-clearing.'' This reporting requirement is
in effect today; however, the proposed rule change would make it an
express requirement in the rule. If the contra side is a member and
will have an opportunity to provide its own trade information, then the
reporting member is responsible only for providing

information from the reporting side perspective (and the contra side
will provide information from the contra side perspective).
---------------------------------------------------------------------------

    \12\ The trade comparison functionality allows the contra party
to accept or decline the trade information submitted by the
reporting party and may only be used by a contra party that is a
member. FINRA notes that the Alternative Display Facility, FINRA/
Nasdaq TRF and ORF offer trade comparison functionality; the FINRA/
NYSE TRF does not offer such functionality. Accordingly, reporting
members are responsible for accurately and completely providing all
information required under the rule for the contra side when
reporting to the FINRA/NYSE TRF.
---------------------------------------------------------------------------

    The implementation date will be November 10, 2010.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\13\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade and, in general, to protect investors and the
public interest. FINRA believes that adopting the proposed rule change
will aid in FINRA's surveillance for member compliance, including with
SEC Regulation SHO.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    Written comments were neither solicited nor received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2010-043 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2010-043. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
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 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of FINRA.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-FINRA-2010-043
and should be submitted on or before September 16, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-21201 Filed 8-25-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 220 (Wednesday, November 14, 2012)]
[Proposed Rules]
[Pages 67782-67783]
[FR Doc No: 2012-27667]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 77, No. 220 / Wednesday, November 14, 2012 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0509; Airspace Docket No. 12-ANM-15]

Proposed Amendment of Class E Airspace; Casper, WY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify the Class E airspace areas at
Casper, Natrona County International Airport, Casper, WY, to facilitate
vectoring of Instrument Flight Rules (IFR) traffic from en route
airspace to the airport. Decommissioning of the Muddy Mountain VOR
Omnidirectional Range Tactical Air Navigation (VORTAC) has made
reconfiguration necessary for the safety and management of aircraft
operations at Casper, Natrona County International Airport, Casper, WY.

DATES: Comments must be received on or before December 31, 2012.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2012-
0509; Airspace Docket No. 12-ANM-15, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; 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.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2012-0509 and Airspace Docket No. 12-ANM-15) 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-2012-0509 and Airspace Docket No. 12-ANM-15''. 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 NPRM's

    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 in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's 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.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by modifying Class E airspace designated
as an extension to a Class D surface area, and Class E airspace
extending upward from 700 feet above the surface due to the
decommissioning of the Muddy Mountain VORTAC at Casper, Natrona County
International Airport, Casper, WY. This action also would amend Class E
en route domestic airspace extending upward from 1,200 feet above the
surface at the airport by removing the exclusionary language in the
regulatory text. This action would enhance the safety and management of
aircraft operations at the airport.
    Class E airspace designations are published in paragraphs, 6004,
6005 and 6006, respectively, of FAA Order 7400.9W, dated August 8,
2012, and effective September 15, 2012, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designation listed in
this document will be published subsequently in this Order.
    The FAA has determined 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 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 this proposed
rule, when promulgated, would not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of 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 would modify controlled airspace at Casper, Natrona County
International Airport, Casper, WY.
    This proposal will be subject 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 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

    1. The authority citation for 14 CFR Part 71 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.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9W, Airspace Designations and
Reporting Points, dated August 8, 2012, and effective September 15,
2012 is amended as follows:

Paragraph 6004 Class E airspace Designated as an Extension to a
Class D Surface area.

* * * * *

ANM WY E4 Casper, WY [Modified]

Casper, Natrona County International Airport, WY
    (Lat. 42[deg]54'29'' N., long. 106[deg]27'52'' W.)

    That airspace extending upward from the surface within 4.3 miles
each side of the 036[deg] bearing of the Natrona County
International Airport extending from the airport to 13.7 miles
northeast of the airport, and within 4.3 miles each side of the
216[deg] bearing of the Natrona County International Airport
extending from the airport to 15 miles southwest of the airport, and
within 2.7 miles each side of the 269[deg] bearing of the Natrona
County International Airport extending from airport to 13.5 miles
west of the airport. This Class E airspace area is effective during
the specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Airport/Facility Directory.

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ANM WY E5 Casper, WY [Modified]

Casper, Natrona County International Airport, WY
    (Lat. 42[deg]54'29'' N., long. 106[deg]27'52'' W.)

    That airspace extending upward from 700 feet above the surface
within a 24-mile radius of the Natrona County International Airport;
that airspace extending upward from 1,200 feet above the surface
within a 38-mile radius of the Natrona County International Airport.

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

ANM WY E6 Casper, WY [Modified]

Casper, Natrona County International Airport, WY
    (Lat. 42[deg]54'29'' N., long. 106[deg]27'52'' W.)

    That airspace extending upward from 1,200 feet above the surface
within a 85-mile radius of Natrona County International Airport.

    Issued in Seattle, Washington, on October 23, 2012.
Vered Lovett,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2012-27667 Filed 11-13-12; 8:45 am]
BILLING CODE 4910-13-P


OFFICE OF CHEMICAL SAFETY
AND POLLUTION PREVENTION
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            WASHINGTON, D.C.  20460
--------------------------------------------------------------------------------

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

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

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

MEMORANDUM

DATE:		September 10, 2012

SUBJECT:	Toxicology Scoping Document for the Registration Review of Methyl Nonyl Ketone

				Registration Review Case #: 	3094
				PC Code: 					044102
				CAS #:						112-12-9
				Chemical Class: 				Biochemical

FROM:		Angela L. Gonzales, Biologist
            Biochemical Pesticides Branch
            Biopesticides & Pollution Prevention Division (7511P)

TO:			Gina Burnett, Regulatory Action Leader
				Biochemical Pesticides Branch
            Biopesticides & Pollution Prevention Division (7511P)

ACTION REQUESTED

The following document contains the incident data assessment for the biopesticide methyl nonyl ketone (2-undecanone) in support of the development of the Registration Review Work Plan.

Executive Summary

In the previous scoping document for registration review of this chemical, the Agency indentified a substantial number of incident reports for methyl nonyl ketone and indicated that the next step in the registration review process would be to determine if the information in the incident reports warranted a reevaluation of the current risk assessments. The Agency has since conducted a review of the available data and information does not foresee the need for new data or for new risk assessments for methyl nonyl ketone. All mammalian health assessment data requirements under 40 CFR 158.2050 have been satisfied. Based on the review of the toxicology database and incident data available to the Agency, there does not appear to be a concern at this time that would warrant further investigation or reevaluation of current risk assessments. There is reasonable certainty of no harm to the general population from exposure to methyl nonyl ketone in pesticide products when they are used according to label instructions. The Agency will continue to monitor incident data and if a concern is triggered, additional analysis will be included in the risk assessments.

I. Background

Methyl nonyl ketone is used as a dog and cat repellent in indoor and outdoor residential settings.  Products are applied on objects and around the borders of areas to be protected from dogs and cats.  The active ingredient is also employed in a pesticide product as an insect repellent which is applied to skin and clothing.  This product is primarily for use as a mosquito and tick repellent. Methyl nonyl ketone is the sole active ingredient in all registered products.

II. Incidents

According to the Incident Data System, there have been 452 reports of incidents occurring between January 1, 1992 and October 27, 2011 from use of products containing methyl nonyl ketone as the active ingredient.  A summary of the classification of these incidents is provided in table 1 below.

      Table 1. Incident Data Summary for Methyl Nonyl Ketone (1992-2011)
                            Description of Incident
                               Number of Reports
                         Domestic Animal  -  Fatality
                                      11
                           Domestic Animal  -  Major
                                       7
                         Domestic Animal  -  Moderate
                                      34
                Domestic Animal  -  Moderate, Minor and Unknown
                                      170
                        Domestic Animal  -  Unspecified
                                       9
                                Human  -  Minor
                                      180
                            Human  -  Unspecified
                                       3
                             Plant Damage - Minor
                                       1

Incidents have been reported from the use of cat and dog repellent products in the form of emulsifiable concentrates, pressurized liquids and granular formulations.  As of the date of the report, no incidents have been reported for the insect repellent product.

III. Discussion

The Agency has reviewed the available toxicology and incident data to determine if a reevaluation of current risk assessments is necessary. Based on the review of these data and information, there does not appear to be a concern at this time that would warrant further investigation and/or reevaluation of current risk assessments.

Acute toxicology data indicate that methyl nonyl ketone is of low oral and dermal toxicity, it is a mild eye and moderate skin irritant, and is a weak skin sensitizer. Subchronic (repeat-dose) oral toxicity data were not required for the active ingredient based on the use pattern, as repeated oral exposure is not anticipated. There were no systemic effects reported in rabbits at the highest dose tested (300 mg/kg/day) in a 21-day dermal toxicity study. Subchronic inhalation toxicity data were not required based on the low volatility and use pattern of the active ingredient. Available data suggest that methyl nonyl ketone is not mutagenic or a developmental toxicant.

A discussion regarding the incidents is provided below. The "plant damage-minor" incident is not addressed, as this document is specific to mammalian incidents.

Animal Incidents

There is very little specific information regarding animal incidents available to the Agency. The majority of incidents to animals were classified as moderate, minor or unknown in nature. The information available to the Agency regarding these incidents indicates that they did not likely occur when the chemical was used according to label instructions. The Agency is not in receipt of data that indicate that the pesticide was the direct cause of the incidents. Based on obtainable information, incidents were likely due to other causes, such as existing illness, misuse of product, exposure to other toxic entities, accidental exposure, and ingestion of treated articles (e.g.: trash).

Human incidents

There is very little specific information regarding human incidents available to the Agency. Of the 183 human incidents, 180 were minor in nature; the remaining 3 were unspecified. The information available to the Agency regarding these incidents indicates that they did not likely occur when the chemical was used according to label instructions. The Agency is not in receipt of data that indicate that the pesticide was the direct cause of the incidents. Based on obtainable information, incidents were likely due to other causes such as existing illness, misuse of product, and accidental exposure.

IV. Conclusion

Based on the known toxicological profile of methyl nonyl ketone as a chemical of low toxicity (with the exception that it is a moderate skin irritant), the low severity of reported incidents, and that details of incidents available to the Agency indicate that incidents were likely due to other causes (misuse, accidental exposure, etc.), there does not appear to be a concern at this time that would warrant further investigation or reevaluation of current risk assessments. There is reasonable certainty of no harm to the general population from exposure to methyl nonyl ketone in pesticide products when they are used according to label instructions. The Agency will continue to monitor incident data and if a concern is triggered, additional analysis will be included in the risk assessments.

cc:  A. L. Gonzales, G. Burnett, BPPD Science Review File, IHAD/ARS
 	  A. L. Gonzales, FT, PY-S: 09/10/12


[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Pages 39943-39945]
[FR Doc No: 2017-17720]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-20721; FMCSA-2009-0174; FMCSA-2013-0020; FMCSA-
2015-0064; FMCSA-2015-0065; FMCSA-2015-0066]

Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 121
individuals from its prohibition in the Federal Motor Carrier Safety
Regulations (FMCSRs) against persons with insulin-treated diabetes
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in
interstate commerce. The exemptions enable these individuals with ITDM
to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before September
21, 2017.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5:30
p.m., e.t., Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2005-20721; FMCSA-2009-0174;
FMCSA-2013-0020; FMCSA-2015-0064; FMCSA-2015-0065; FMCSA-2015-0066
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day e.t.,
365 days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    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 http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for two years if it finds ``such exemption would likely achieve a level
of safety that is equivalent to or greater than the level that would be
achieved absent such exemption.'' The statute also allows the Agency to
renew exemptions at the end of the two-year period.
    The physical qualification standard for drivers regarding diabetes
found in 49 CFR 391.41(b)(3) states that a person is physically
qualified to drive a CMV if that person:

    Has no established medical history or clinical diagnosis of
diabetes mellitus currently requiring insulin for control.

    The 121 individuals listed in this notice have requested renewal of
their exemptions from the diabetes standard in 49 CFR 391.41(b)(3), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of
the 121 applicants has satisfied the renewal conditions for obtaining
an exemption from the diabetes requirement (70 FR 23898; 70 FR 52465;
74 FR 37288; 74 FR 48641; 78 FR 38439; 78 FR 60014; 80 FR 47024; 80 FR
48396; 80 FR 49304; 80 FR 77079; 80 FR 79399; 80 FR 79411). They have
maintained their required medical monitoring and have not exhibited any
medical issues that would compromise their ability to safely operate a
CMV during the previous two-year exemption period. These factors
provide an adequate basis for predicting each driver's ability to
continue to drive safely in interstate commerce. Therefore, FMCSA
concludes that extending the exemption for each of these drivers for a
period of two years is likely to achieve a level of safety equal to
that existing without the exemption.
    As of September 2, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (70 FR 23898; 70 FR
52465): Lee R. Kumm (WI), Mitchell L. Pullen (NE), Steven R. Zoller
(MN).
    The drivers were included in docket number FMCSA-2005-20721. Their
exemptions are applicable as of September 2, 2017, and will expire on
September 2, 2019.
    As of September 9, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 28 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (80 FR 47024; 80 FR
79411):

Earl H. Andreas (PA)
Kristopher K. Bitting (PA)
Eric A. Bouldin (TX)
Victor Carranza (IA)
Steven A. Casavant (RI)
Justin M. Coffey (KY)
Steven W. Conrad, Jr. (PA)
Jeremy L. Demar (MN)
Anthony C. Eavenson (NM)
Markie Q. Elsey (MD)
Michael W. Finnegan (NJ)
Gale A. Gallagher (IL)
Scott E. Gallagher (VA)
David L. Hareland (MN)
Brian C. Kenerson (NH)
Garrett P. Lockwood (IN)
Sean P. McNally (AZ)
Ryan A. McNaught (FL)
Paul R. Monfils (RI)
Bryan Moser (AR)
Anthony J. Nault (NH)
Alvin W. Peck, Jr. (SD)
Kenneth W. Romjue (OK)
Randy E. Smith (PA)
Curtis G. Taylor (WA)
Jacob F.M. Tucker (UT)
Joseph T. Webb, Jr. (NH)
Douglas L. Zerkle (OH)

    The drivers were included in docket number FMCSA-2015-0064. Their
exemptions are applicable as of September 9, 2017, and will expire on
September 9, 2019.
    As of September 12, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 29 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (80 FR 48396; 80 FR
77079):

Reynaldo R. Amaro (TX)
Brandon C. Bair (NV)
James K. Copley (WV)
Richard L. Corzine (IL)
Kevin D. Crouse (CA)
Thomas A. Draper (CA)
John J. Fortman (ND)
Jamey M. George (MO)
Matthew Harkanson (PA)
Kenneth P. Hazel (NM)
Tracy D. Henderson (NM)
Gary H. Jacobs (VT)
Jack L. Lane Jr. (KS)
Thomas J. Leffingwell (NY)
Donald R. Meckley, Jr. (MD)
Jeffrey K. Moore (KY)
Sidney T. Nalley, Jr. (GA)
Jason B. Nolte (IN)
James G. Pruitt (MO)
Thomas V. Ransom (ID)
Raymond D. Reber (IN)
Jackson A. Savarese (CA)
Richard A. Sawyer (ME)
Bruno T. Schizzano (NY)
Christopher S. Seago (NE)
Joseph W. Sprague (NM)
Derrick L. Vaughan (TX)
Anthony J. Vicario (NY)
Henry D. Yeska III (PA)

    The drivers were included in docket number FMCSA-2015-0065. Their
exemptions are applicable as of September 12, 2017, and will expire on
September 12, 2019.
    As of September 17, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 40 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (80 FR 49304; 80 FR
79399):

Joshua E. Adkins (KS)
Rosendo R. Amador (TX)
George H. Bonney, Jr. (NH)
John J. D'Agostino (NJ)
James R. Ditman (IN)
Eric D. Egan (IL)
Walter R. Elser (VT)
Ryan S. Farrell (MA)
Patrick F. Felix (WI)
Jermaine Galle (GA)
Gary A. Gross (SD)
Terry L. Guynes (MO)
Colin W. Hale (NY)
Clarence Hill (NY)
Marcus Hughes (GA)
Michael C. Lewis (SD)
Robert L. Moberly (OR)
Jason L. Montgomery (WA)
John F. Mortieau (MT)
Alexander Musalin (WA)
Clark E. Najac (NY)
Matthew S. Ness (WI)
Andrew T. Oezer (MI)
Vanja Pazin (OR)
Troy A. Pearl (WA)
Randell J. Pecenka (IA)
Leonard M. Radford (IN)
Jerry J. Rava (CA)
William J. Rixon Jr. (NJ)
Matias Rodriguez Jr. (CT)
William J. Schrade (CT)
John W. Schwirian (PA)
Shain L. Simpson (UT)
Neil E. Smith (KS)
Joey F. Starnes (AL)
Joshua R. Stieb (CO)
Donald L. Strand (MT)
Rick L. Vosburg (CA)
William G. Wressell (WA)
Randy P. Young (IN)

    The drivers were included in docket number FMCSA-2015-0066. Their
exemptions are applicable as of September 17, 2017, and will expire on
September 17, 2019.
    As of September 18, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following six individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (78 FR 38439; 78 FR
60014):

Larry K. Brindle (KS)
Donald F. Kurzejewski (PA)
Joshua O. Lilly (VA)
Steven C. Lundberg (IA)
Roger D. Mott (IA)
Christopher J. Wisner (MD)

    The drivers were included in docket number FMCSA-2013-0020. Their
exemptions are applicable as of September 18, 2017, and will expire on
September 18, 2019.
    As of September 22, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 15 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (74 FR 37288; 74 FR
48641):

Michael F. Arthur (ME)
Roelf F. Aufforth (MN)
Christopher S. Cate (NH)
Raymond A. Dietz (FL)
Steven C. Ellenberger (NE)
Dori A. Hoffmann (NE)
William C. Howard (VA)
Steven A. Mayhew (NY)
Michael G. Mulder (MN)
Bradley D. Nickles, Jr. (NH)
Frank A. Rhodes (WI)
James B. Roth (IL)
Matthew T. Russell (TN)
Tranquilino D. Sena (NM)
John A. Serth, Jr. (NY)

    The drivers were included in docket number FMCSA-2009-0174. Their
exemptions are applicable as of September 22, 2017, and will expire on
September 22, 2019.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must submit a quarterly monitoring checklist completed
by the treating endocrinologist as well as an annual checklist with a
comprehensive medical evaluation; (2) each driver must report within
two business days of occurrence, all episodes of severe hypoglycemia,
significant complications, or inability to manage diabetes; also, any
involvement in an accident or any other adverse event in a CMV or
personal vehicle, whether or not it is related to an episode of
hypoglycemia; (3) each driver must submit an annual ophthalmologist's
or optometrist's report; and (4) each driver must provide a copy of the
annual medical certification to the employer for retention in the
driver's qualification file, or keep a copy in his/her driver's
qualification file if he/she is self-employed. The driver must also
have a copy of the exemption when driving, for presentation to a duly
authorized Federal, State, or local enforcement official. The exemption
will be rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

V. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 121 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the rule
prohibiting drivers with ITDM from driving CMVs in interstate commerce.
In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be
valid for two years unless revoked earlier by FMCSA.

    Issued on: August 10, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-17720 Filed 8-21-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Rules and Regulations]
[Pages 45845-45848]
[FR Doc No: 2013-18079]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0639; Directorate Identifier 2013-SW-020-AD;
Amendment 39-17518; AD 2013-15-02]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, request for comments.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2008-10-03 for
Bell Helicopter Textron Helicopters (Bell) Model 204B, 205A, 205A-1,
205B, 210, 212, 412, 412CF, and 412EP helicopters. AD 2008-10-03
required certain checks and inspections of each tail rotor blade
assembly (T/R blade) at specified intervals and repairing or replacing,
as applicable, any cracked or damaged T/R blade. Since we issued AD
2008-10-03, an accident attributed to a T/R failure occurred. This new
AD retains the requirements of AD 2008-10-03 and adds a second, more
detailed inspection that allows for an earlier detection of a crack or
other damage in a T/R blade. These actions are intended to prevent a
failure of the T/R blade and subsequent loss of helicopter control.

DATES: This AD becomes effective August 14, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of August 14, 2013.
    We must receive comments on this AD by September 30, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the economic evaluation, any
comments received, and other information. The street address for the
Docket Operations Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.
    For service information identified in this AD, contact Bell
Helicopter Textron, Inc., P.O. Box 482, Fort Worth, TX 76101; telephone
(817) 280-3391; fax<PHONE_NUMBER>; or at www.bellcustomer.com/. You
may review service information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas 76137.

FOR FURTHER INFORMATION CONTACT: Michael Kohner, Aviation Safety
Engineer, Rotorcraft Certification Office, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

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

Discussion

    On April 22, 2008, we issued AD 2008-10-03, Amendment 39-15509 (73
FR 24858, May 6, 2008) for Bell Model 204B, 205A, 205A-1, 205B, 210,
212, 412, 412CF, and 412EP helicopters. AD 2008-10-03 required certain
checks and inspections of each T/R blade at specified intervals and
repairing or replacing, as applicable, any unairworthy T/R blade. AD
2008-10-03 was prompted by eight reports of fatigue cracking of T/R
blades installed on Bell Model 212 and 412 helicopters (three failures
on the Bell Model 212 and five failures on the Bell Model 412) with a
T/R blade, part number (P/N) 212-010-750-009, -105, and -107. Three of
the Model 412 failures occurred during flight.

Actions Since AD 2008-10-03 Was Issued

    Since we issued AD 2008-10-03 (73 FR 24858, May 6, 2008), an
accident attributed to a T/R failure occurred. Because of this
accident, we have determined that a superseding AD is necessary to
require a second, more detailed inspection that allows for an earlier
detection of a crack or other damage. These actions are intended to
prevent failure of T/R blade and subsequent loss of helicopter control.
    This superseding AD does not apply to Model 204B helicopters
because those helicopters do not have the affected T/R blades installed
and should not have been included in the applicability of AD 2008-10-
03. We are no longer requiring a daily check of the T/R blades because
we have determined that the additional, more detailed inspection and
the sequence of the inspections provide an appropriate level of safety.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of these same type
designs.

Related Service Information

    On February 4, 2013, Bell issued Alert Service Bulletin (ASB) No.
205-13-109 for Model 205A and 205A-1 helicopters; ASB No. 205B-13-61
for Model 205B helicopters; ASB No. 212-13-147 for Model 212
helicopters; ASB 412-13-155 for Model 412 and 412EP helicopters; and
ASB No. 412CF-13-52 for 412CF helicopters. All ASBs are dated February
4, 2013. Bell reported that it recently examined a fractured T/R blade
and that the fracture originated from surface damage. ASB No. 205-13-
109, No. 205B-13-61, and No. 412CF-13-52 describe procedures for a 3X
magnifying glass inspection of the entire T/R blade surface for damage
every 25 hours time-in-service (TIS), similar to that required by AD
2008-10-03 (73 FR 24858, May 6, 2008). ASB No. 212-13-147 and No. 412-
13-155 do not include this 3X visual inspection, because that
inspection has been incorporated into the maintenance manual for these
models. All five of the ASBs introduce an additional local visual
inspection with a10X magnifying glass of each T/R blade between blade
station 20.00 to 35.00 from the leading edge to the trailing edge. Bell
added a reminder to operators that it is critical to investigate any
paint and skin imperfections should the inspection warrant such action.
If any skin damage exceeds the limits in the applicable Maintenance
Manual, the ASBs call for removing the T/R blade from service.

AD Requirements

    This AD supersedes AD 2008-10-03 (73 FR 24858, May 6, 2008) and
requires for any Model 205A, 205A-1, 205B, 210, 212, 412, 412CF, and
412EP helicopter with certain T/R blades the following actions:
    Within 25 hours TIS or 30 days, whichever occurs first, and
thereafter at intervals not to exceed 25 hours TIS or 30 days,
whichever occurs first, cleaning and visually inspecting each T/R blade
assembly for a crack, corrosion, nick, scratch, or dent using a 3X or
higher power magnifying glass and a bright light; and
    Visually inspecting certain parts of each T/R blade for a crack or
other damage using a 10X or higher power magnifying glass and a bright
light, and if damage exists, measuring the depth of any damage.
    Before further flight, replacing any cracked T/R blade and
repairing or replacing any damaged T/R blade.
    Replacing a blade with T/R blade, P/N 412-016-100-111, on eligible
helicopters is terminating action for the inspection requirements of
this AD.

Differences Between the AD and the Service Information

    This AD differs from the ASBs because we include Model 210
helicopters. The Model 210 helicopter has the same part-numbered blades
as the other applicable helicopter models.

Costs of Compliance

    We estimate that this AD affects 80 helicopters of U.S. Registry
and that labor costs average $85 per work-hour. Based on these
estimates, we expect the following costs to comply with this AD:
    Visually inspecting a blade (2 per helicopter) for a crack or other
damage will require .25 work-hour. No parts are needed. For the
expected 12 annual inspections, the total cost per helicopter will be
$510 a year, and $40,800 for the U.S. fleet.
    Replacing a T/R assembly will require 6 work-hours for a labor cost
of $510. Parts will cost $23,048, bringing the total cost to $23,558
per helicopter.
    According to the Bell's service information, some of the cost may
be covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control the warranty coverage by Bell.
Accordingly, we have included all costs in our cost estimate.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting
these AD requirements would delay implementing the safety actions
needed to correct this known unsafe condition. Therefore, we find that
the risk to the flying public justifies waiving notice and comment
prior to the adoption of this rule because the required corrective
actions must be accomplished within 25 hours TIS or 30 days, whichever
comes first, a very short time period based on the average flight-hour
utilization rate of these helicopters. These helicopters are

typically used for logging, firefighting, and lifting and carrying
external loads.
    Since an unsafe condition exists that requires the immediate
adoption of this AD, we determined that notice and opportunity for
public comment before issuing this AD are impracticable and that good
cause exists for making this amendment effective in less than 30 days.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2008-10-03, Amendment 39-15509 (73 FR 24858, May 6, 2008), and adding
the following new AD:

2013-15-02 BELL HELICOPTER TEXTRON: Amendment 39-17518; Docket No.
FAA-2013-0639; Directorate Identifier 2013-SW-020-AD.

(a) Applicability

    This AD applies to Bell Helicopter Textron (Bell) Model 205A,
205A-1, 205B, 210, 212, 412, 412CF, and 412EP helicopters with a
tail rotor blade assembly (T/R blade), part number (P/N) 210-010-
001-(all dash numbers) or 212-010-750-(all dash numbers),
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as fatigue cracking of a T/
R blade, which could lead to failure of the T/R blade and subsequent
loss of control of the helicopter.

(c) Affected ADs

    This AD supersedes AD No. 2008-10-03, Amendment 39-15509 (73 FR
24858, May 6, 2008).

(d) Effective Date

    This AD becomes effective August 14, 2013.

(e) Compliance

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

(f) Required Actions

    (1) Within 25 hours time-in-service (TIS) or 30 days, whichever
occurs first, and thereafter at intervals not to exceed 25 hours TIS
or 30 days, whichever occurs first:
    (i) Clean each T/R blade by hand using a mild soap and
cheesecloth (C-486) on both sides of the blade in a spanwise
direction and dry thoroughly.
    (ii) Using a 3X or higher power magnifying glass and a bright
light, visually inspect the T/R blade skins, leading edge spar,
doublers, grip plates, and trailing edge on both sides of each blade
for a crack, corrosion (may be indicated by blistering, peeling,
flaking, bubbling, or cracked paint), a nick, scratch, dent, or
other damage. Pay particular attention to both sides of the T/R
blade in the area located 16 to 35 inches from the T/R blade tip
(blade station 20.00 to 35.00--the T/R blade tip is located at blade
station 51) as shown by the shaded area of Figure 1 of Bell Alert
Service Bulletin (ASB) No. 205-13-109; ASB No. 205B-13-61; ASB No.
212-13-147; ASB 412-13-155; or ASB No. 412CF-13-52, all dated
February 4, 2013, as applicable to your helicopter. Also, pay
particular attention to the inboard blade butt area near the
attachment of the external balance weight and screws, and to any
blade surface that was snagged by cheesecloth, as that may be an
indication of a crack or paint chip that could lead to corrosion.
    Note 1 to Paragraph (f) of this AD: Figure 1 of the Bell ASB No.
205-13-109; ASB No. 205B-13-61; ASB No. 212-13-147; ASB 412-13-155;
and ASB No. 412CF-13-52, all dated February 4, 2013, show the shaded
area as part of the 10X inspection only. This AD requires the shaded
area to be inspected during both the 3X and 10X inspections.
    (iii) Using a 10X or higher magnifying glass and a bright light,
visually inspect both sides of each blade for a crack or other
damage between blade station 20.00 to 35.00 as shown by the shaded
area of Figure 1 of Bell ASB No. 205-13-109; ASB No. 205B-13-61; ASB
No. 212-13-147; ASB 412-13-155; or ASB No. 412CF-13-52, all dated
February 4, 2013, as applicable to your helicopter.
    (iv) If any blistering, peeling, flaking, bubbling, or cracked
paint is detected anywhere on the blade, remove the paint from the
affected area by sanding in a spanwise direction with abrasive cloth
or paper (C-406) 240-grit or finer, and a final sanding using
abrasive cloth or paper (C-406) 400-grit or finer. Visually inspect
the affected area for any corrosion or a crack using a 10X or higher
magnifying glass and a bright light. If any corrosion is found,
measure the depth of the damage. (A digital optical micrometer is
one tool that can be used for this measurement.)
    (v) If a nick, scratch, or dent is found anywhere on the blade,
visually inspect for a crack using a 10X or higher power magnifying
glass and a bright light. Measure the depth of the damage. (A
digital optical micrometer is one tool that can be used for this
measurement.)
    (2) Before further flight:
    (i) Replace with an airworthy blade any T/R blade that has a
crack or that has any corrosion, nick, scratch, dent, or other
damage that exceeds any of the maximum repair limits.
    (ii) Repair or replace with an airworthy blade any T/R blade
that has any corrosion, nick, scratch, dent or other damage that is
within the maximum repair limits.
    (3) Replacing a T/R blade with T/R blade, P/N 412-016-100-111,
on eligible helicopter models is considered terminating action to
this AD.

(g) Special Flight Permit

    Special flight permits are prohibited.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Certification Office, FAA, may
approve AMOCs for this AD. Send your proposal to: Michael Kohner,
Aviation Safety Engineer, Rotorcraft Certification Office,
Rotorcraft Directorate,

FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817)
222-5170; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 6410, Tail Rotor
Blades.

 (j) 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.
    (i) Bell ASB No. 205-13-109, dated February 4, 2013.
    (ii) Bell ASB No. 205B-13-61, dated February 4, 2013.
    (iii) Bell ASB No. 212-13-147, dated February 4, 2013.
    (iv) Bell ASB No. 412-13-155, dated February 4, 2013.
    (v) Bell ASB No. 412CF-13-52, dated February 4, 2013.
    (3) For Bell service information identified in this AD, contact
Bell Helicopter Textron, Inc., P.O. Box 482, Fort Worth, TX 76101;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
www.bellcustomer.com/.
    (4) You may view this service information that is incorporated
by reference in the AD Docket on the Internet at http://www.regulations.gov.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on July 11, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2013-18079 Filed 7-29-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Proposed Rules]
[Pages 4167-4169]
[FR Doc No: 2018-01704]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1116; Product Identifier 2016-NE-32-AD]
RIN 2120-AA64

Airworthiness Directives; Honeywell International Inc. Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2017-20-
06, which applies to certain Honeywell International Inc. (Honeywell)
AS907-1-1A turbofan engines. AD 2017-20-06 requires a one-time
inspection of the second stage low-pressure turbine (LPT2) blades and,
if the blades fail the inspection, the replacement of the blades with a
part eligible for installation. Since we issued AD 2017-20-06, we
determined the need to clarify the Applicability and Compliance
sections of AD 2017-20-06. This proposed AD would continue to require a
one-time inspection of the LPT2 blades and, if the blades fail the
inspection, the replacement of the blades with a part eligible for
installation. We are proposing this AD to address the unsafe condition
on these products.

DATES: We must receive comments on this proposed AD by March 16, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Honeywell
International Inc., 111 S 34th Street, Phoenix, AZ 85034-2802; phone:
800-601-3099; internet: https://myaerospace.honeywell.com/wps/portal.
You may view this service information at the FAA, Engine and Propeller
Standards Branch, 1200 District Avenue, Burlington, MA. 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 by searching for and locating Docket No. FAA-2017-
1116; 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 NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Joseph Costa, Aerospace Engineer, Los
Angeles ACO Branch, FAA, 3960 Paramount Blvd., Lakewood, CA 90712-4137;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email: [email protected].

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-2017-1116;
Product Identifier 2016-NE-32-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM 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 proposed AD.

Discussion

    We issued AD 2017-20-06, Amendment 39-19063 (82 FR 46379, October
5, 2017), (``AD 2017-20-06''), for certain Honeywell International Inc.
(Honeywell) AS907-1-1A turbofan engines. AD 2017-20-06 requires a one-
time inspection of the LPT2 blades and, if the blades fail the
inspection, the replacement of the blades with a part eligible for
installation. AD 2017-20-06 resulted from reports of loss of power due
to failure of the LPT2 blade. We issued AD 2017-20-06 to prevent
failure of the LPT2 blades caused by excessive blade tip shroud wear,
failure of one or more new production engines with the same time-in-
service, and loss of the airplane.

Actions Since AD 2017-20-06 Was Issued

    Since we issued AD 2017-20-06, we determined the need to clarify
the Applicability and Compliance sections of that AD. We received
comments from operators and maintenance facilities indicating that
these sections of the AD could have been misinterpreted to mean that
the borescope inspections required by this AD applied to all Honeywell
AS907-1-1A turbofan engines with LPT2 rotor blades, part number (P/N)
3035602-1, installed. We revised these sections to clarify that only
Honeywell AS907-1-1A turbofan engines with LPT2 rotor blades, P/N
3035602-1, installed, with more than 8,000 hours since new on the
effective date of this AD are affected.

Related Service Information Under 1 CFR Part 51

    We reviewed Honeywell Service Bulletin (SB) AS907-72-9067, Revision
1, dated March 20, 2017. This SB describes procedures for inspecting
the LPT2 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.

Other Related Service Information

    We reviewed Honeywell SB AS907-72-9067, Revision 0, dated December
12, 2016, which also describes procedures for inspecting the LPT2
blades. We also reviewed the Honeywell

Light Maintenance Manual, AS907-1-1A, 72-00-00, Section 72-05-12, dated
May 25, 2016, and Section 72-55-03, dated September 27, 2011, which
provide additional guidance for performing borescope inspections.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain the requirements of AD 2017-20-06 to
perform a one-time inspection of affected LPT2 blades and, if the
blades fail the inspection, replace the blades with a part eligible for
installation. This proposed AD would clarify that these requirements
apply only to Honeywell AS907-1-1A turbofan engines with LPT2 rotor
blades, P/N 3035602-1, installed, with more than 8,000 hours since new
on the effective date of this AD.

Costs of Compliance

    We estimate that this proposed AD affects 40 engines installed on
airplanes of U.S. registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Borescope inspection..................  10 work-hours x $85 per               $0            $850         $34,000
                                         hour = $850.
Report results of inspection..........  1 work-hour x $85 per                  0              85           3,400
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the inspection. We
estimate that 40 engines will need this replacement.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement of the LPT2 blade set............  50 work-hours x $85 per hour =          $50,000          $54,250
                                                $4,250.
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to 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 control
number for the collection of information required by this proposed AD
is 2120-0056. The paperwork cost associated with this proposed AD has
been detailed in the Costs of Compliance section of this document and
includes time for reviewing instructions, as well as completing and
reviewing the collection of information. Therefore, all reporting
associated with this proposed AD is 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.

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2017-20-06, Amendment 39-19063 (82 FR 46379, October 5, 2017), and
adding the following new AD:

Honeywell International Inc.: Docket No. FAA-2017-1116; Product
Identifier 2016-NE-32-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by March 16,
2018.

(b) Affected ADs

    This AD replaces AD 2017-20-06, Amendment 39-19063 (82 FR 46379,
October 5, 2017).

(c) Applicability

    This AD applies to Honeywell International Inc. (Honeywell)
AS907-1-1A turbofan engines with second stage low-pressure turbine
(LPT2) rotor blades, part number 3035602-1, installed, that have
more than 8,000 hours since new on the effective date of this AD.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine
Section.

(e) Unsafe Condition

    This AD was prompted by reports of loss of power due to failure
of the LPT2 blade. We are issuing this AD to prevent failure of the
LPT2 blades. The unsafe condition, if not corrected, could result in
failure of one or more engines and loss of the airplane.

(f) Compliance

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

(g) Required Actions

    Within 200 hours time in service after the effective date of
this AD, do the following:
    (1) Perform a one-time borescope inspection for wear of the Z
gap contact area at the blade tip shroud for each of the 62 LPT2
rotor blades. Use the Accomplishment Instructions, Paragraph
3.B.(1), of Honeywell Service Bulletin (SB) AS907-72-9067, Revision
1, dated March 20, 2017, to do the inspection.
    (2) If the measured wear and/or fretting of any Z gap contact
area is greater than 0.005 inch, replace the LPT2 rotor assembly
with a part eligible for installation before further flight.
    (3) Using a borescope, make a clear digital image of the Z gap
contact area at the blade tip shroud of the 62 LPT2 rotor blades,
and do the following:
    (i) Identify the three Z gap contact areas with the greatest
amount of wear and/or fretting.
    (ii) Record the blade position on the LPT2 rotor assembly and
the measured wear of the three Z gap contact areas with the greatest
amount of wear and/or fretting.
    (iii) Send the results to Honeywell at
[email protected] within 30 days after completing
these actions.

(h) Credit for Previous Actions

    You may take credit for the actions required by paragraphs
(g)(1) and (2) of this AD, if you performed these actions before the
effective date of this AD using Honeywell SB AS907-72-9067, Revision
0, dated December 12, 2016.

(i) Paperwork Reduction Act Burden Statement

    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.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, may 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
Los Angeles ACO Branch, send it to the attention of the person
identified in paragraph (k)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    (1) For more information about this AD, contact Joseph Costa,
Aerospace Engineer, Los Angeles ACO Branch, FAA, 3960 Paramount
Blvd., Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; email: [email protected].
    (2) For service information identified in this AD, contact
Honeywell International Inc., 111 S 34th Street, Phoenix, AZ 85034-
2802; phone:<PHONE_NUMBER>; internet: https://myaerospace.honeywell.com/wps/portal.

    Issued in Burlington, Massachusetts, on January 24, 2018.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2018-01704 Filed 1-29-18; 8:45 am]
 BILLING CODE 4910-13-P