[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Notices]
[Page 24841]
[FR Doc No: 2018-11467]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at the Scholes International Airport, Galveston, Texas

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Request to Release Airport Property.

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SUMMARY: The FAA proposes to rule and invite public comment on the
release of land at the Scholes International Airport under the
provisions of Section 125 of the Wendell H. Ford Aviation Investment
Reform Act for the 21st Century (AIR 21).

DATES: Comments must be received on or before (from 30 days of the
posting of this Federal Register Notice).

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Mr. Ben Guttery, Manager, Federal
Aviation Administration, Southwest Region, Airports Division, Texas
Airports District Office, ASW-650, 10101 Hillwood Parkway, Fort Worth,
Texas 76177.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to Mr. Mike Shahan, Airport Director, at the
following address: 2115 Terminal Drive #4, Galveston, Texas 77554.

FOR FURTHER INFORMATION CONTACT: Mr. Todd Hebert, Program Manager,
Federal Aviation Administration, Texas Airports District Office, ASW-
650, 10101 Hillwood Parkway, Fort Worth, TX 76177, Telephone: (817)
222-5614, email: [email protected].
    The request to release property may be reviewed in person at this
same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release property at the Scholes International Airport under
the provisions of the AIR 21.
    The following is a brief overview of the request:
    City of Galveston requests the release of 26.3 acres of non-
aeronautical airport property. The property is located on the west side
of the airport, along Travel Air Road. The property to be released will
be sold and revenues shall be used to build an airport-owned warehouse
on land designated as non-aeronautical. The lease revenue from the
warehouse will support maintenance and improvement of the airport. Any
person may inspect the request in person at the FAA office listed above
under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, upon request, inspect the application,
notice and other documents relevant to the application in person at the
Scholes International Airport, telephone number<PHONE_NUMBER>.

    Issued in Fort Worth, Texas, on May 9, 2018.
Ignacio Flores,
Director, Airports Southwest Region.
[FR Doc. 2018-11467 Filed 5-29-18; 8:45 am]
 BILLING CODE P


[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Proposed Rules]
[Pages 57611-57612]
[FR Doc No: 2021-21860]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2021-0650; Airspace Docket No. 21-AWP-11]
RIN 2120-AA66

Proposed Establishment of Restricted Area R-2511; Trona, CA

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish restricted area R-2511 in
the vicinity of Trona, CA in support of the Naval Air Warfare Center
Weapons Division (NAWCWD) at China Lake, CA. The proposed restricted
area is necessary to segregate the testing and evaluation of hazardous
weapons systems, and other unproven aviation platforms in the early
development cycle from non-participating aircraft.

DATES: Comments must be received on or before December 2, 2021.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone: 1<PHONE_NUMBER>, or<PHONE_NUMBER>. You must identify FAA
Docket No. FAA-2021-0650; Airspace Docket No. 21-AWP-11 at the
beginning of your comments. You may also submit comments through the
internet at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Christopher McMullin, Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
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 establish restricted area airspace in the
vicinity of Trona, CA to contain activities deemed hazardous to non-
participating aircraft.

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-2021-0650; Airspace Docket No. 21-AWP-11) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://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-2021-0650; Airspace Docket No. 21-AWP-11.'' The
postcard will be date/time stamped and returned to the commenter.
    The FAA will consider all communications received on or before the
specified comment closing date before taking action on the proposed
rule. The FAA may change the proposal contained in this action in light
of comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for 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 office of the Western Service Center,
Operations Support Group, Federal Aviation Administration, 2200 South
216th St., Des Moines, WA 98198.

Background

    The NAWCWD is requesting R-2511 for free flight, weapons systems
transitioning from launch areas within R-2505 to target areas within R-
2524, and from launch areas within R-2524 to target areas within R-
2505. Restricted area R-2511 would replace an existing Controlled
Firing Area (CFA) that no longer meets NAWCWD's operational
requirements.
    The NAWCWD has conducted operations within the CFA since 1995 with
an excellent safety record and no history of operational incidents.
However, in the future, the NAWCWD requires a space in which it may
launch weapons that will have varying flight altitudes. The weapons
will either climb to establish a look-down aspect or descend on their
path toward their target. Additionally, the weapons' altitude is
expected to vary some, based on the shooter aircraft's launch
tolerances and day-of weather conditions. The FAA typically only
considers CFAs when necessary to accommodate activities that are
capable of being immediately suspended as the CFA user is required to
immediately cease any hazardous activity upon observation or
notification that a non-participating aircraft is approaching the area.
As such, the CFA does not practically accommodate NAWCWD's needs.
Accordingly, a restricted area is being pursued.
    The FAA completed an aeronautical study in April 2021. The study
focused on potential impacts to the National Airspace System (NAS) and
its users. The FAA utilized the Performance Data Analysis and Reporting
System (PDARS) to study historical traffic and flight track data to
show volume, location, and type of traffic that utilized the proposed
volume of airspace. That data revealed that there would be little to no
impact to nearby airports, or non-participating traffic transitioning
the proposed Special Use Airspace.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to establish
restricted area R-2511 in the vicinity of Trona, CA. The FAA is
proposing this action at the request of NAWCWD at China Lake, CA. The
full legal description is in ``The Proposed Amendment'' section of this
NPRM.
    R-2511: The FAA would establish restricted area R-2511 utilizing
the current boundaries of the existing CFA. The altitudes would be from
6,000 feet mean sea level (MSL), to but not including 20,000 feet MSL.
R-2511 would be used no more than 36 times per year, between the hours
of 0700-1700 local time, Monday-Friday, and activated by NOTAM at least
7 days in advance. Each day would consist of no more than two 2-hour
blocks when activated.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Proposed Amendment

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

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

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

Sec.  73.25  California.

0
2. Section 73.25 is amended by adding the entry for R-2511 Trona, CA to
read as follows:
* * * * *

R-2511 Trona, CA [New]

    Boundaries. Beginning at lat. 35[deg]37'30'' N; long.
117[deg]35'33'' W; to lat. 35[deg]40'30'' N; long. 117[deg]25'03''
W; to lat. 35[deg]36'00'' N; long. 117[deg]16'55'' W; to lat.
35[deg]36'00'' N; long. 117[deg]26'03'' W; to lat. 35[deg]27'40'' N;
long. 117[deg]26'03'' W; to the point of beginning.
    Designated Altitudes. 6,000 feet MSL, to but not including, FL
200.
    Time of Designation. Intermittent, 0700-1700 local time, Monday-
Friday, by NOTAM 7 days in advance.
    Controlling Agency. FAA, Joshua Control Facility, Edwards Air
Force Base, CA.
    Using Agency. Naval Air Warfare Center Weapons Division. China
Lake, CA.
* * * * *

    Issued in Washington, DC, on September 30, 2021.
Michael R. Beckles,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-21860 Filed 10-15-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 213 (Tuesday, November 4, 2014)]
[Rules and Regulations]
[Pages 65340-65342]
[FR Doc No: 2014-26094]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0902]
RIN 1625-AA00

Safety Zone; Pier Removal, WI Central Railroad Bridge, Fox River,
Green Bay, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Fox River in Green Bay, Wisconsin. This safety zone is intended to
restrict vessels from a portion of the Fox River due to demolition work
on a railroad bridge. This temporary safety zone is necessary to
protect the surrounding public and vessels from the hazards associated
with the demolition work on the railroad bridge.

DATES: This rule is effective from November 4, 2014 until 9 p.m. on
November 30, 2014. This rule will be enforced with actual notice from 6
a.m. on October 25, 2014 until November 4, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0902. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan, at<PHONE_NUMBER> or<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

    On September 11, 2014, in response to demolition work on the west
pier of the WI Central Railroad Bridge for September 12 & 19, 2014, the
Coast Guard issued a Temporary final rule (TFR) (USCG-2014-0835)
entitled Safety Zone; Bridge Demolition, Fox River, Green Bay, WI and
published it in the Federal Register on Friday, September 26, 2014 (79
FR 57799). On September 16, 2014 the Coast Guard was informed that the
demolition work will continue in October on the same railroad bridge.
The Coast Guard is issuing this TFR to establish a safety zone for the
demolition scheduled for October.
    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM with respect to this rule
because doing so would be impracticable and contrary to the public
interest. The final details for this event were not known to the Coast
Guard until there was insufficient time remaining before the event to
publish an NPRM. Specifically, the Coast Guard was informed of this
demolition project on September 16, 2014. Thus, delaying the effective
date of this rule to wait for a comment period to run would be both
impracticable and contrary to the public interest because it would
inhibit the Coast Guard's ability to protect persons and vessels from
the hazards associated with the bridge demolition project, which are
discussed further below.
    Under 5 U.S.C. 553(d)(3), The Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the

Federal Register for the same reasons discussed in the preceding
paragraph, waiting for a 30 day notice period to run would be
impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5;
Department of Homeland Security Delegation No. 0170.1.
    On October 27 and 28, 2014, the Coast Guard anticipates that
blasting will take place as part of a demolition project on the east
and central piers of the Wisconsin Central Railroad Bridge at mile
marker 2.61 on the Fox River in Green Bay, Wisconsin. The Captain of
the Port Lake Michigan has determined that this demolition project
involving blasting will pose a significant risk to public safety and
property. Such hazards include loss of life and property in the
proximity of explosives, and collisions among transiting vessels and
contractors involved in the demolition project.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port
Lake Michigan has determined that this temporary safety zone is
necessary to ensure the safety of persons and vessels during the
demolition project in Green Bay, Wisconsin. This rule is effective from
6 a.m. on October 25, 2014 until 9 p.m. on November 30, 2014. This rule
will be enforced intermittently with actual notice from 6 a.m. until 9
p.m. on each day of October 27, 2014 and October 28, 2014. If there is
a rescheduling of the demolition project within this effective date
range, the Captain of the Port Lake Michigan will establish an updated
enforcement date with a Notice of Enforcement. The safety zone will
encompass all waters of the Fox River near Green Bay, Wisconsin within
a 1000-foot radius of the Wisconsin Central Railroad Bridge in
approximate position 44[deg]30'14'' N, 088[deg]01'22'' W (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Lake Michigan
or her designated on-scene representative. The Captain of the Port or
her designated on-scene representative may be contacted via VHF Channel
16.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will only
impact a small area and will be enforced for a limited duration in
October and November, 2014. Under certain conditions, moreover, vessels
may still transit through the safety zone when permitted by the Captain
of the Port or her designated on-scene representative.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this temporary rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to transit or anchor in a portion of the Fox River during the times
that this zone is enforced in October and November of 2014.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of the zone, we would issue local Broadcast Notice to
Mariners so vessel owners and operators can plan accordingly.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T09-0902 to read as follows:

Sec.  165.T09-0902  Safety Zone; Pier Removal, WI Central Railroad
Bridge, Fox River, Green Bay, WI.

    (a) Location. All waters of the Fox River near Green Bay, Wisconsin
within a 1000-foot radius of the Wisconsin Central Railroad Bridge in
approximate position 44[deg]30'14'' N, 088[deg]01'22'' W (NAD 83).
    (b) Effective and enforcement period. This rule is effective from 6
a.m. on October 25, 2014 until 9 p.m. on November 30, 2014. This rule
will be enforced intermittently with actual notice from 6 a.m. until 9
p.m. on each day of October 27, 2014 and October 28, 2014. If there is
a rescheduling of the demolition project within this effective date
range, the Captain of the Port Lake Michigan will establish an updated
enforcement date with a Notice of Enforcement.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Lake Michigan or her designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Lake Michigan or her designated
on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port Lake
Michigan is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Lake Michigan to act on
her behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Lake Michigan or her on-scene
representative to obtain permission to do so. The Captain of the Port
Lake Michigan or her on-scene representative may be contacted via VHF
Channel 16. Vessel operators given permission to enter or operate in
the safety zone must comply with all directions given to them by the
Captain of the Port Lake Michigan or her on-scene representative.

    Dated: October 14, 2014.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2014-26094 Filed 11-3-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Proposed Rules]
[Pages 11825-11827]
[FR Doc No: 2023-03623]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0170; Project Identifier MCAI-2022-00974-T]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bombardier, Inc., Model BD-700-2A12 airplanes. This
proposed AD was prompted by a report that certain environmental control
system (ECS) pre-cooler clamp assemblies may not conform to
specifications. This proposed AD would require an inspection of the
pre-cooler clamps and replacement of non-conforming pre-cooler clamps.
The FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by April 10,
2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0170; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact
Bombardier Business Aircraft Customer Response Center, 400 C[ocirc]te-
Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-
855-2999; email bombardier.com">[email protected]bombardier.com; website bombardier.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Elizabeth Dowling, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No.

FAA-2023-0170; Project Identifier MCAI-2022-00974-T'' at the beginning
of your comments. The most helpful comments reference a specific
portion of the proposal, explain the reason for any recommended change,
and include supporting data. The FAA will consider all comments
received by the closing date and may amend the proposal because of
those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Elizabeth Dowling, Aerospace Engineer, Mechanical Systems and
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected]. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2022-39, dated July 18, 2022 (Transport
Canada AD CF-2022-39) (also referred to after this as the MCAI), to
correct an unsafe condition on certain Bombardier, Inc., Model BD-700-
2A12 airplanes. The MCAI states that a disclosure letter from the
supplier advised that certain pre-cooler clamp assemblies securing the
ducting connection on the ECS pre-cooler inlet assembly may not conform
to drawing. If left uncorrected, the clamp may fail and cause excessive
leakage at that connection. This could lead to increased operating
temperatures in climate-controlled zones, or, in combination with other
failures, a complete loss of the ECS.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0170.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletin 700-36-7504, dated
June 27, 2022. This service information specifies procedures for
inspecting the pre-cooler clamps for non-conformance to the drawing and
replacing non-conforming pre-cooler clamps. The clamp replacement
includes a general visual inspection of non-conforming pre-cooler
clamps around the silicone bellow for signs of damage, and corrective
action including repair. 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.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with this State of Design Authority,
it has notified the FAA of the unsafe condition described in the MCAI
and service information described above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 12 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                   Cost per
                  Labor cost                      Parts cost        product          Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170............             $60            $230  Up to $2,760.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this proposed AD.
    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:

    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Bombardier, Inc.: Docket No. FAA-2023-0170; Project Identifier MCAI-
2022-00974-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by April 10, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-2A12
airplanes, certificated in any category, serial numbers 70032, 70047
through 70056 inclusive, 70058 through 70061 inclusive, and 70063
through 70075 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by a report that certain environmental
control system (ECS) pre-cooler clamp assemblies may not conform to
specifications. The FAA is issuing this AD to address possible
excessive leakage caused by clamp failure. The unsafe condition, if
not addressed, could result in increased operating temperatures in
climate-controlled zones, or, in combination with other failures, a
complete loss of the ECS.

(f) Compliance

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

(g) Required Actions

    Within 36 months after the effective date of this AD: Identify
and replace, as applicable, the ECS pre-cooler clamps in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
700-36-7504, dated June 27, 2022.

(h) No Reporting Requirement

    Although Bombardier Service Bulletin 700-36-7504, dated June 27,
2022, specifies to submit certain information to the manufacturer or
discard affected clamps, this AD does not include that requirement.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the New York ACO
Branch, mail it to ATTN: Program Manager, Continuing Operational
Safety, at the address identified in paragraph (j)(2) of this AD or
email to: [email protected]. If mailing information, also
submit information by email. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2022-39, dated July 18,
2022, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-0170.
    (2) For more information about this AD, contact Elizabeth
Dowling, Aerospace Engineer, Mechanical Systems and Administrative
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 700-36-7504, dated June 27,
2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone<PHONE_NUMBER>; email bombardier.com">[email protected]bombardier.com; website
bombardier.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 15, 2023.
Christina Underwood, Acting Director,
Compliance & Airworthiness Division, Aircraft Certification Service.
[FR Doc. 2023-03623 Filed 2-23-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 10, 2006 (Volume 71, Number 154)]
[Rules and Regulations]
[Page 45736]
[DOCID:fr10au06-2]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 33

[Docket No. RM05-34-002; Order No. 659-B]

Transactions Subject to FPA Section 203

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule; correction.

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

SUMMARY: This document corrects an error in an order on rehearing that
the Federal Energy Regulatory Commission published in the Federal
Register on July 27, 2006. That action affirmed, with certain
clarifications, its determinations in Commission Order Nos. 669 and
669-A.

EFFECTIVE DATE: August 28, 2006.

FOR FURTHER INFORMATION CONTACT: Roshini Thayaparan, Office of the
General Counsel, Federal Energy Regulatory Commission at (202) 502-
6867.

SUPPLEMENTARY INFORMATION: In FR Document E6-12047, published July 27,
2006 (71 FR 42579), make the following correction:

Sec.  33.2  [Corrected]

0
On page 42586, in the column 3, in Sec.  33.2 Contents of application--
general information requirements, in paragraph (j)(1) introductory
text, the word ``transactions'' is corrected to read ``transaction''.

Magalie R. Salas,
Secretary.
[FR Doc. E6-13106 Filed 8-9-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91211-91215]
[FR Doc No: 2016-30255]

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

[Release No. 34-79527; File No. SR-IEX-2016-19]

Self-Regulatory Organizations: Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Require
Listed Companies To Publicly Disclose Compensation or Other Payments by
Third Parties to Any Nominee for Director or Sitting Director in
Connection With Their Candidacy for or Service on the Companies' Board
of Directors

December 12, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on December 5, 2016, the Investors Exchange LLC (``IEX'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    Pursuant to the provisions of Section 19(b)(1) under the Securities
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4

thereunder,\5\ Investors Exchange LLC (``IEX'' or ``Exchange'') is
filing with the Securities and Exchange Commission (``Commission'') a
proposed rule change to require listed companies to publicly disclose
compensation or other payments by third parties to any nominee for
director or sitting director in connection with their candidacy for or
service on the companies' Board of Directors. The Exchange has
designated this proposal as non-controversial and provided the
Commission with the notice required by Rule 19b-4(f)(6)(iii) under the
Act.\6\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
    \6\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at www.iextrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statement may be examined at
the places specified in Item IV below. The self-regulatory organization
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 June 17, 2016 the Commission granted IEX's application for
registration as a national securities exchange under Section 6 of the
Act including approval of rules applicable to the qualification,
listing and delisting of companies on the Exchange. The Exchange plans
to begin a listing program in 2017 and is proposing additional rules
applicable to companies listing on the Exchange in this proposed rule
change.
    IEX rules require listed companies to make public disclosure in
several areas. For example, a listed company is required to publicly
disclose material information that would reasonably be expected to
affect the value of its securities or influence investors' decisions as
well as when non-independent directors serve on a committee that
generally requires only independent directors, such as for a controlled
company or under exceptional and limited circumstances.\7\ A listed
company is also required to file required periodic reports with the
Commission.\8\ A principal purpose of these disclosure requirements is
to protect investors and ensure these investors have necessary
information to make informed investment and voting decisions.
---------------------------------------------------------------------------

    \7\ See Rules 14.207(b)(1), 14.407(c)(2), 14.405(c)(2)(B),
14.405(d)(2)(B) and 14.405(e)(3).
    \8\ See Rule 14.207(c).
---------------------------------------------------------------------------

    However, based on press reports and information from market
participants, IEX understands there is one area where investors may not
have complete or timely information. This is when third parties
compensate directors in connection with their candidacy for and/or
service on company Board of Directors. This third-party compensation,
which may not be publicly disclosed, arises when a shareholder
privately offers to compensate nominee directors in connection with
those nominees' candidacy or service as directors. These arrangements
vary but may include compensating directors based on achieving
benchmarks such as an increase in share price over a fixed term.\9\
---------------------------------------------------------------------------

    \9\ See, discussion generally in Securities Exchange Act Release
No. 78223 (July 1, 2016), 81 FR 44400 (July 7, 2016) (Order Granting
Approval of SR-NASDAQ-2016-13).
---------------------------------------------------------------------------

    IEX believes these undisclosed compensation arrangements
potentially raise several concerns, including that they may lead to
conflicts of interest among directors and call into question the
directors' ability to satisfy their fiduciary duties. These
arrangements may also tend to promote a focus on short-term results at
the expense of long-term value creation. IEX believes that enhancing
transparency around third-party board compensation would help address
these concerns and would benefit investors by making available
information potentially relevant to investment and voting decisions.
IEX further believes that the proposed disclosure would not create
meaningful burdens on directors or those making these payments nor on
the companies required to make the disclosure.\10\
---------------------------------------------------------------------------

    \10\ See, note 9.
---------------------------------------------------------------------------

    Accordingly, IEX is proposing to adopt Rule 14.207(b)(3) to require
listed companies to publicly disclose on or through the companies' Web
site or proxy statement or information statement for any shareholders'
meeting at which directors are elected (or, if they do not file proxy
or information statements, in Form 10-K or Form 20-F),\11\ the material
terms of all agreements and arrangements between any director or
nominee and any person or entity other than the company (the ``Third
Party'') relating to compensation or other payment in connection with
that person's candidacy or service as a director.12 13 A
company may make this disclosure through its Web site by hyperlinking
to another Web site, which must be continuously accessible. If that Web
site subsequently becomes inaccessible or that hyperlink inoperable,
the company must promptly restore it or make other disclosure in
accordance with this proposed rule.
---------------------------------------------------------------------------

    \11\ This disclosure method is consistent with the method under
Rule 14.405(d)(2)(B) for disclosure of the appointment of a non-
independent compensation committee member under exceptional and
limited circumstances.
    \12\ The proposal is intended to apply to agreements and
arrangements whether or not the right to nominate a director legally
belongs to a third party. See Supplementary Material .07 to Rule
14.405 (Independent Director Oversight of Director Nominations).
    \13\ If the Company provides disclosure in a proxy or
information statement, including to satisfy the SEC's proxy
disclosure requirements, sufficient to comply with this rule, its
obligation to satisfy this rule is fulfilled regardless of the
reason for which such disclosure was made.
---------------------------------------------------------------------------

    Consistent with other exemptions afforded certain types of
companies, the Exchange is also proposing to amend Rule 14.407(a)(3) to
provide that a foreign private issuer may follow home country practice
in lieu of the requirements of the proposed rule. A Foreign Private
Issuer may follow its home country practice in lieu of the requirements
of Rule 14.207(b)(3) by utilizing the process described in Rule
14.407(a)(3), including but not limited to the requirement to submit to
IEX a written statement from an independent counsel in such Company's
home country certifying that the Company's practices are not prohibited
by the home country's laws.
    Companies listed at the time this proposed rule becomes effective
or initially listed thereafter must disclose all agreements and
arrangements in accordance with this proposed rule by no later than the
date on which the Company files or furnishes a proxy or information
statement subject to Regulation 14A or 14C under the Act in connection
with the Company's next shareholders' meeting at which directors are
elected (or, if they do not file proxy or information statements, no
later than when the Company files next Form 10-K or Form 20-F).
Thereafter, a listed company must make this disclosure at least
annually until the earlier of the resignation of the director or one
year following the termination of

the agreement or arrangement.\14\ The proposed rule does not separately
require the initial disclosure of newly entered into agreements or
arrangements, provided that disclosure is made pursuant to this rule
for the next shareholder meeting at which directors are elected.
---------------------------------------------------------------------------

    \14\ A Company posting the requisite disclosure on or through
its Web site must make it publicly available no later than the date
on which the Company files a proxy or information statement in
connection with a shareholders' meeting at which directors are
elected (or, if they do not file proxy or information statements, no
later than when the Company files its next Form 10-K or Form 20-F).
---------------------------------------------------------------------------

    If a Company discovers an agreement or arrangement that should have
been disclosed pursuant to subparagraph (A) of the proposed rule but
was not, the Company must promptly make the required disclosure in
accordance with this proposed rule.\15\ In addition, for agreements and
arrangements not required to be disclosed in accordance with
subparagraph (A)(ii) of the proposed rule, such as employment with a
third party that existed prior to the nominee's candidacy and is
otherwise disclosed, but where the director or nominee's remuneration
is thereafter materially increased specifically in connection with such
person's candidacy or service as a director of the company, only the
difference between the new and previous level of compensation or other
payment obligation need be disclosed.
---------------------------------------------------------------------------

    \15\ See infra discussion on remedial disclosure.
---------------------------------------------------------------------------

    The terms ``compensation'' and ``other payment'' as used in this
proposed rule are intended to be construed broadly and apply to
agreements and arrangements that provide for non-cash compensation and
other payment obligations, such as health insurance premiums or
indemnification, made in connection with a person's candidacy or
service as a director. Further, at a minimum, the disclosure should
identify the parties to and the material terms of the agreement or
arrangement relating to compensation.
    In recognition of circumstances that do not raise the concerns
noted above or where such disclosure may be duplicative, the proposed
rule would not apply to agreements and arrangements that existed before
the nominee's candidacy and the nominee's relationship with the Third
Party has been otherwise publicly disclosed, for example, pursuant to
Items 402(a)(2) of Regulation S-K or in a director's biographical
summary included in periodic reports filed with the Commission. An
example of an agreement or arrangement falling under this exception is
a director or a nominee for director being employed by a private equity
or venture capital firm, or a fund established by such firm, where
employees are expected to and routinely serve on the boards of the
fund's portfolio companies and their remuneration is not materially
affected by such service. If such a director a [sic] nominee's
remuneration is materially increased in connection with such person's
candidacy or service as a director of the company, only the difference
between the new and previous level of compensation needs to be
disclosed under the proposed rule.
    Additionally, the proposed rule would not apply to agreements and
arrangements that relate only to reimbursement of expenses incurred in
connection with candidacy as a director, whether or not such
reimbursement arrangement has been publicly disclosed. Further,
Commission Rule 14a-12(c) subjects persons soliciting proxies in
opposition to companies' proxy solicitation to certain disclosure
requirements of Schedule 14A of the Act. The proposed rule relieves the
company from the disclosure requirements of the proposed Rule
14.207(b)(3)(A) where an agreement or arrangement for a director or a
nominee has been disclosed under Item 5(b) of Schedule 14A of the Act
in the current fiscal year. However, such an agreement or arrangement
is subject to the continuous disclosure requirements of the proposed
Rule 14.207(b)(3)(B) on an annual basis. Similarly, a Company that
provides disclosure in the current fiscal year pursuant to the
requirement in Item 5.02(d)(2) of Form 8-K requiring ``a brief
description of any arrangement or understanding between the new
director and any other persons, naming such persons, pursuant to which
such director was selected as a director''--would not have to make a
separate disclosure under the proposed Rule 14.207(b)(3)(A). Such
disclosure under Commission rules, however, shall not relieve a company
of its ongoing obligation under the proposed Rule 14.207(b)(3)(B) to
make annual disclosure.
    In recognition that a company, despite reasonable efforts, may not
be able to identify all such agreements and arrangements, the proposed
rule provides that a company shall not be deficient with the proposed
disclosure requirements if it has undertaken reasonable efforts to
identify all such agreements and arrangements, including by asking each
director or nominee in a manner designed to allow timely disclosure,
and upon discovery of a non-disclosed arrangement, promptly makes the
required disclosure by filing a Form 8-K or 6-K, where required by
Commission rules, or by issuing a press release. However, such remedial
disclosure, regardless of its timing, does not satisfy the ongoing
annual disclosure requirements under subparagraph (B).
    In cases where a company is considered deficient, the company must
provide a plan to regain compliance. Consistent with deficiencies from
most other rules that allow a company to submit a plan to regain
compliance,\16\ IEX proposes to allow companies deficient under the
proposed rule 45 calendar days to submit a plan sufficient to satisfy
IEX staff that the company has adopted processes and procedures
designed to identify and disclose relevant agreements and arrangements
in the future. If the company does not do so, it would be issued a
Staff Delisting Determination, which the company could appeal to a
Hearings Panel pursuant to Rule 14.502.
---------------------------------------------------------------------------

    \16\ Pursuant to Rule 14.501(c)(2)(A), a company is provided 45
days to submit a plan to regain compliance with Rules 14.408(c)
(Quorum), 14.411 (Review of Related Party Transactions, 14.412
(Shareholder Approval), 14.207(c)(3) (Auditor Registration),
14.208(a) (Direct Registration Program), 14.406 (Code of Conduct),
14.407(a)(4)(E) (Quorum of Limited Partnerships), 14.407(a)(4)(G)
(Related Party Transactions of Limited Partnerships), and 14.413
(Voting Rights). A company is generally provided 60 days to submit a
plan to regain compliance with the requirements to timely file
periodic reports contained in Rule 14.207(c)(1).
---------------------------------------------------------------------------

2. Statutory Basis
    IEX believes that the proposed rule change is consistent with
Section 6(b) \17\ of the Act in general, and furthers the objectives of
Section 6(b)(5) of the Act,\18\ in particular, in that it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest. The proposal accomplishes
these objectives by enhancing transparency around third party
compensation and payments made in connection with board service. The
Exchange believes such disclosure has several benefits: It would
provide information to investors to help them make meaningful investing
and voting decisions. It would also address potential concerns that
undisclosed third party compensation arrangements may lead to conflicts
of interest among

directors and call into question their ability to satisfy fiduciary
duties.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f.
    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that it is consistent with the protection of
investors and the public interest, and not unfairly discriminatory, to
permit foreign private issuers to comply with home country practice in
lieu of the requirements of the proposed rule. This approach is
consistent with an existing structure for foreign private issuers
whereby such companies may follow home country practice in lieu of
certain listing rules, subject to an established process which includes
disclosure obligations and submission to IEX of a written statement
from an independent counsel in such Company's home country certifying
that the Company's practices are not prohibited by the home country's
laws.
    Further, the Exchange notes that a substantially identical proposed
rule change by the Nasdaq Stock Market LLC (``Nasdaq'') was recently
approved by the Commission, pursuant to which the Commission found that
the Nasdaq proposed rule change is consistent with the requirements of
the Act and the rules and regulations thereunder applicable to a
national securities exchange.\19\ In particular, the Commission found
that the Nasdaq proposed rule change is ``consistent with the
requirements of Section 6(b)(5) of the Act, which requires, among other
things, that the Exchange's rules be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest; and not be
designed to permit, among other things, unfair discrimination between
issuers.'' Accordingly, the Exchange believes that the same
considerations apply to this proposed rule change since the proposed
changes are substantially identical to the Nasdaq rules.
---------------------------------------------------------------------------

    \19\ See Securities Exchange Act Release No. 78223 (July 1,
2016), 81 FR 44400 (July 7, 2016).
---------------------------------------------------------------------------

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

    IEX 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. The proposed rule to require
listed companies to disclose third party compensation and payments in
connection with board service is intended to provide meaningful
information to investors and to address potential concerns with
undisclosed compensation arrangements without creating unnecessary
burdens on directors or those making the payments.
    Further, the proposed rule change is intended to promote
transparency and protect investors. To the extent that a competitor
marketplace believes that the proposed rule change places it at a
competitive disadvantage, it of course may file with the Commission a
proposed rule change to adopt the same or similar rule.

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

    Written comments were neither solicited nor received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \20\ and Rule 19b-4(f)(6) thereunder.\21\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \21\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \22\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-IEX-2016-19 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-IEX-2016-19. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet 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
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-IEX-2016-19, and should be
submitted on or before January 6, 2017.
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-30255 Filed 12-15-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: March 27, 2007 (Volume 72, Number 58)]
[Notices]
[Page 14268-14269]
[DOCID:fr27mr07-27]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL07-48-000]

Entergy Services, Inc.; Notice for Petition of Declaratory Order

March 21, 2007.
    Take notice that on March 15, 2007, Entergy Services, Inc. on
behalf of Entergy Operating Companies filed a petition for declaratory
order, pursuant to section 207 of the Commission's Rules and
Regulation, 18 CFR 385.207.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on April 16, 2007.

Philis J. Posey,
Acting Secretary.
[FR Doc. E7-5519 Filed 3-26-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 85 (Tuesday, May 3, 2016)]
[Notices]
[Pages 26597-26598]
[FR Doc No: 2016-10407]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

 Order of Suspension of Trading; In the Matter of Pioneer
Exploration, Inc., Premier Brands, Inc., and Private Media Group, Inc.

April 29, 2016.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Pioneer Exploration, Inc. (CIK No. 1364123), a revoked Nevada
corporation with its principal place of business listed as Newport
Beach, California, with stock quoted on OTC Link (previously, ``Pink
Sheets'') operated by OTC Markets Group Inc. (``OTC Link'') under the
ticker symbol PIEX, because it has not

filed any periodic reports since the period ended May 31, 2013. On
August 19, 2015, a delinquency letter was sent by the Division of
Corporation Finance to Pioneer Exploration requesting compliance with
its periodic filing obligations, but it did not receive the delinquency
letter due to its failure to maintain a valid address on file with the
Commission as required by Commission rules (Rule 301 of Regulation S-T,
17 CFR 232.301 and Section 5.4 of EDGAR Filer Manual).
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Premier Brands, Inc. (CIK No. 1502777), a Wyoming corporation with its
principal place of business listed as Bonita, California, with stock
quoted on OTC Link under the ticker symbol BRND, because it has not
filed any periodic reports since the period ended May 31, 2013. On
August 19, 2015, a delinquency letter was sent by the Division of
Corporation Finance to Premier Brands, Inc. requesting compliance with
its periodic filing obligations, and Premier Brands, Inc. received the
delinquency letter on August 22, 2015, but failed to cure its
delinquencies.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Private Media Group, Inc. (CIK No. 1068084), a Nevada corporation with
its principal place of business listed as Barcelona, Spain, with stock
quoted on OTC Link under the ticker symbol PRVT, because it has not
filed any periodic reports since the period ended June 30, 2013. On
August 18, 2015, a delinquency letter was sent by the Division of
Corporation Finance to Private Media Group, Inc. requesting compliance
with its periodic filing obligations, but it did not receive the
delinquency letter due to its failure to maintain a valid address on
file with the Commission as required by Commission rules (Rule 301 of
Regulation S-T, 17 CFR 232.301 and Section 5.4 of EDGAR Filer Manual).
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed companies is suspended for the period from 9:30 a.m. EDT
on April 29, 2016, through 11:59 p.m. EDT on May 12, 2016.

    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2016-10407 Filed 4-29-16; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Proposed Rules]
[Pages 21142-21144]
[FR Doc No: 2017-09041]

========================================================================
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. 82, No. 86 / Friday, May 5, 2017 / Proposed
Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0418; Directorate Identifier 2016-CE-041-AD]
RIN 2120-AA64

Airworthiness Directives; Aviat Aircraft Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Aviat Aircraft Inc. Models A-1C-180 and A-1C-200 airplanes
equipped with Rapco part number RA1798-00-1 fuel vent check valves.
This proposed AD was prompted by a report that the fuel tank vent check
valves are sticking in the closed position causing fuel starvation to
the engine. This proposed AD would require checking the fuel vent check
valves for proper operation and replacing any inoperative fuel vent
check valve with an airworthy part. We are proposing this AD to correct
the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 19, 2017.

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 Aviat
Aircraft Inc., P.O. Box 1240, Afton, WY 83110; phone<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet: http://aviataircraft.com. You may review this referenced service information
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0418; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Richard R. Thomas, Aerospace Engineer,
FAA, Denver Aircraft Certification Office, 26805 East 68th Avenue, Room
214, Denver, Colorado 80249; phone:<PHONE_NUMBER>; fax: (303) 342-
1088; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2017-0418;
Directorate Identifier 2016-CE-041-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://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 received a report that an owner of an Aviat Aircraft Inc. Model
A-1C-180 airplane was forced to make a dead stick landing after the
engine shutdown on takeoff. Following the incident, the fuel tank caps
were removed and the mechanic heard air rushing into the fuel tanks.
Further investigation revealed that the forced landing was a result of
fuel exhaustion caused by the fuel tank vent valves sticking in the
closed position in both wings. Manual force was required to push the
check balls off of their seats. When both vent valves stick, a vacuum
of sufficient strength forms on the backside of the fuel and fuel no
longer is gravity fed to the engine. Failure of a single vent valve is
latent as there is a cross-feed vent between the left and right tanks
that allows the properly operating valve to vent both tanks.
    The incident airplane was equipped with Rapco part number (P/N)
RA1798-00-1 fuel vent check valves. The design of the Rapco P/N RA1798-
00-1 is such that the check valve ball seat is nearly the same diameter
as the ball and the ball can readily wedge itself in the seat and block
the fuel tank vent.
    This condition, if not corrected, could cause fuel starvation to
the engine and result in the engine shutting down.

Related Service Information Under 1 CFR Part 51

    We reviewed Aviat Aircraft Inc. Mandatory Service Bulletin No. 33,
dated November 11, 2016. The service bulletin describes procedures for
checking the fuel vent check valve on each wing of the airplane for
proper operation and replacing any inoperative fuel vent check valve.
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.

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 require accomplishing the actions specified
in

the service information described previously.
    The design approval holder is currently developing a modification
that will address the unsafe condition identified in this AD. Once this
modification is developed, approved, and available, we might consider
additional rulemaking.

Costs of Compliance

    We estimate that this proposed AD affects 98 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
----------------------------------------------------------------------------------------------------------------
Pre-flight check of the fuel vent       .5 work-hour x $85 per               N/A          $42.50          $4,165
 check valve for proper operation.       hour = $42.50 per pre-
                                         flight check.
----------------------------------------------------------------------------------------------------------------

    We conservatively estimated the cost to do a single pre-flight
check. We recognize the pilot is allowed to perform this check without
the assistance of a mechanic, which would significantly reduce the
estimated cost. We further recognize that an individual airplane would
require this check every pre-flight from the issuance of this proposed
AD until the end of its useful life unless both valves are replaced
with Duke valves per paragraph (i). We have no way of determining the
total cost of repeating this check every pre-flight either for a single
product or for all U.S. operators.
    We estimate the following costs to do any necessary replacements
that would be required based on the results of the proposed pre-flight
check. We have no way of determining the number of airplanes that may
need these replacements.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                         Labor cost                Parts cost           Cost per product
----------------------------------------------------------------------------------------------------------------
Remove and replace inoperative fuel  2 work-hours (1 work-hour    $200 per fuel vent      $370 per fuel vent
 vent check valve.                    to remove and 1 work-hour    check valve. ($400      check valve. ($740 to
                                      to replace) x $85 per hour   for both).              remove and replace
                                      = $170 per fuel vent check                           both).
                                      valve. (There are 2 fuel
                                      vent check valves per
                                      airplane = $340 to remove
                                      and replace both).
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (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 adding the following new airworthiness
directive (AD):

Aviat Aircraft Inc.: Docket No. FAA-2017-0418; Directorate
Identifier 2016-CE-041-AD.

(a) Comments Due Date

    We must receive comments by June 19, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Aviat Aircraft Inc. Models A-1C-180 and A-1C-
200 airplanes, serial numbers 3181 through 3282, that are:
    (1) Equipped with Rapco part number (P/N) RA1798-00-1 fuel vent
check valves; and
    (2) certificated in any category.

    Note to paragraph (c) of this AD: Airplanes equipped with Duke
P/N 1798-001 fuel vent check valves are not affected by this AD.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2820, Fuel
Distribution.

(e) Unsafe Condition

    This AD was prompted by a report that Rapco P/N RA1798-00-1 fuel
vent check valves are sticking in the closed position. We are
issuing this AD to detect and correct failure of the fuel tank vent
check valve, which could result in fuel starvation to the engine and
cause the engine to shut down.

(f) Compliance

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

(g) Verify Proper Operation of the Fuel Vent Check Valve on Each Wing

    Before further flight after the effective date of this AD,
insert Steps 1 through 3 of Aviat Aircraft Inc. (Aviat) Mandatory
Service Bulletin (MSB) No. 33, dated November 11, 2016, into the
Limitations Section of the airplane flight manual (AFM). This
insertion and the steps therein may be performed by the owner/
operator (pilot) holding at least a private pilot certificate. The
insertion of Steps 1 through 3 in the AFM must be entered into the
aircraft records showing compliance with this AD in accordance with
14 CFR 43.9 (a)(1)-(4) and 14 CFR 91.417(a)(2)(v). The record must
be maintained as required by 14 CFR 91.417, 121.380, or 135.439.
This AFM requirement mandates preflight checks of the fuel vent
check valve on each wing for proper operation on the applicable
airplanes identified in paragraph (c) of this AD.

 (h) Remove Inoperative Fuel Vent Check Valve

    During any check required in paragraph (g) of this AD, if one or
both of the fuel vent check valves are not operating properly,
before further flight, remove the inoperative valve following Steps
4 through 6 of Aviat MSB No. 33, dated November 11, 2016.

(i) Replace Inoperative Fuel Vent Check Valve

    Before further flight after removing the inoperative fuel vent
check valve required in paragraph (h) of this AD, replace it with an
airworthy fuel vent check valve following Steps 8 and 9 of Aviat MSB
No. 33, dated November 11, 2016. If both fuel vent check valves,
Rapco P/N RA1798-00-1, are replaced with airworthy Duke P/N 1798-001
fuel vent check valves, the repetitive pre-flight checks required in
paragraph (g) of this AD are terminated.

(j) Special Flight Permit

    Special flight permits are not necessary for the preflight
checks. A special flight permit is allowed for this AD per 14 CFR
39.23 with limitations. Special flight permits are permitted for the
airplane to be flown VFR only to a location where the inoperative
fuel vent check valve can be removed and replaced. No special flight
permits are allowed if both valves are found to be inoperative.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Denver Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (l)(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.

(l) Related Information

    (1) For more information about this AD, contact Richard R.
Thomas, Aerospace Engineer, FAA, Denver ACO, 26805 East 68th Avenue,
Room 214, Denver, Colorado 80249; phone:<PHONE_NUMBER>; fax: (303)
342-1088; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact Aviat
Aircraft Inc., P.O. Box 1240, Afton, WY 83110; phone<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet:
http://aviataircraft.com. You may review this referenced service
information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on April 27, 2017.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-09041 Filed 5-4-17; 8:45 am]
 BILLING CODE 4910-13-P