[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Rules and Regulations]
[Pages 38021-38023]
[FR Doc No: 2018-16612]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 740

[Docket No. 180228230-8230-01]
RIN 0694-AH52

Revision of Export and Reexport License Requirements for Republic
of South Sudan Under the Export Administration Regulations

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: In this rule, the Bureau of Industry and Security (BIS) is
amending the Export Administration Regulations (EAR) to conform to the
Department of State's (State) amendment of February 14, 2018 to the
International Traffic in Arms Regulations (ITAR) that placed
restrictions on exports of defense articles (and defense services) to
the Republic of South Sudan (South Sudan). The State action reflected a
policy determination by the Secretary of State

that it was in the best interests of U.S. foreign policy to impose such
restrictions.
    Consistent with the State action, in this amendment, BIS is
updating the EAR to restrict the export and reexport of certain items
on the Commerce Control List to South Sudan. Pursuant to established
procedure, BIS adds South Sudan to the list of U.S. embargoed countries
under the EAR, a list drawn from the list of arms embargoes in the ITAR
and State Federal Register notices, and adopts a restrictive license
application review policy consistent with State's review policy set
forth in the ITAR.

DATES: This rule is effective August 3, 2018.

FOR FURTHER INFORMATION CONTACT: Steven Schrader, Foreign Policy
Division, Bureau of Industry and Security, Phone:<PHONE_NUMBER>, Email:
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    In a rule effective July 9, 2011, the date the United States
granted formal recognition to South Sudan, BIS amended the EAR to add
the new country to the Commerce Country Chart set forth in Supplement
No. 1 to part 740 and imposed controls on exports and reexports of
items subject to the EAR to the destination. See 76 FR 41046 (July 13,
2011). In that rule, BIS added South Sudan to Country Group B in
Supplement No. 1 to Part 740 (Country Groups), a grouping that rendered
the country eligible for certain License Exceptions not available to
countries in Country Groups D or E.
    In this rule, BIS amends Supplement No.1 to Part 740 (Country
Groups) of the EAR to place South Sudan in Country Group D:5--U.S.
Embargoed Countries--to conform with a final rule published by State
that revised ITAR Sec.  126.1 (Prohibited exports, imports, and sales
to or from certain countries) by adding South Sudan in new paragraph
(w). See 83 FR 6457 (February 14, 2018). The ITAR amendment reflected a
determination by the Secretary of State that it was in the best
interests of U.S. foreign policy to impose such restrictions in order
to reflect the U.S. government's opposition to the trade of arms to
South Sudan and its contribution to the conflict and humanitarian
crisis in that country, promote the cessation of hostilities, and to
reinforce a unified international response by aligning the United
States with existing European Union restrictions on certain exports to
South Sudan. As a consequence of the ITAR amendment, a policy of denial
applies to applications for licenses or other approvals for the export
of defense articles and defense services destined for South Sudan. A
license or other approval may be issued on a case-by-case basis for six
enumerated categories of defense articles and defense services, as set
forth in ITAR Sec.  126.1(w) (South Sudan).
    BIS primarily implements such controls through Country Group D:5.
Countries listed in Country Group D:5 are subject to additional
restrictions in the EAR, including on de minimis U.S. content, license
exception availability, and licensing policy for certain items. License
applications for the export or reexport of items classified under 9x515
or ``600 series'' Export Control Classification Numbers to countries in
Country Group D:5 are reviewed consistent with the policies in Sec.
126.1 of the ITAR, as provided in paragraph (b)(1)(ii) of Sec.  742.4
(National security) and paragraph (b)(1) of Sec.  742.6 (Regional
stability) of the EAR.
    The list of ``United States arms embargoed'' countries is intended
to mirror ITAR Sec.  126.1's list of countries subject to U.S. arms
embargoes and track Federal Register notices published by State. BIS
amends the list of Country Group D:5 countries as needed to conform to
amendments to ITAR Sec.  126.1 that State publishes, including
additions or deletions of countries subject to United States arms
embargoes. See footnote one to Country Group D:5. In implementing
United States embargoes in the EAR, BIS is adopting the policies for
each country listed in section 126.1 of the ITAR. See 78 FR 22660,
22675 (April 16, 2013).
    Consistent with new Sec.  126.1(w) (South Sudan) of the ITAR, the
BIS licensing policy for the export and reexport of 9x515 and ``600
series'' items on the Commerce Control List, Supp. No. 1 to part 774,
destined for South Sudan is a policy of denial that recognizes six
categories of case-by-case approval. See ITAR Sec.  126.1(w)(1)-(6),
which describes these categories in detail.

Specific Amendment Implementing Revisions To Export and Reexport
License Requirements for South Sudan Under the EAR

Part 740 of the EAR
    BIS amends Supplement No. 1 to Part 740 of the EAR to place ``South
Sudan, The Republic of'', in alphabetical order, in Country Group D:5.

Export Administration Act of 1979

    Although the Export Administration Act of 1979 expired on August
20, 2001, the President, through Executive Order 13222 of August 17,
2001, 3 CFR, 2001 Comp., p. 783 (2002), as amended by Executive Order
13637 of March 8, 2013, 78 FR 16129 (March 13, 2013) and as extended by
the Notice of August 15, 2017, 82 FR 39005 (August 16, 2017), has
continued the Export Administration Regulations in effect under the
International Emergency Economic Powers Act. BIS continues to carry out
the provisions of the Export Administration Act of 1979, as appropriate
and to the extent permitted by law, pursuant to Executive Order 13222,
as amended by Executive Order 13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated to be not a significant
regulatory action, for purposes of Executive Order 12866. This rule is
not subject to the requirements of E.O. 13771 (82 FR 9339, February 3,
2017) because it is not significant under Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid OMB control number. This rule involves collections of information
approved under OMB control number 0694-0088--Simplified Network
Application Processing+ System (SNAP+) and the Multipurpose Export
License Application, which carries an annual estimated burden of 31,833
hours; and 0694-0137--License Exceptions and Exclusions, which carries
an annual estimated burden of 29,998. BIS believes that this rule will
have no significant impact on those burdens.
    Send comments regarding this burden estimate or any other aspect of
this

collection of information, including suggestions for reducing the
burden, to Jasmeet K. Seehra, Office of Management and Budget, by email
at [email protected] or by fax to<PHONE_NUMBER>.
    3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking and the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military or foreign affairs function
of the United States (see 5 U.S.C. 553(a)(1)). This rule implements a
necessary update of the status of South Sudan as a U.S. embargoed
country, consistent with the prohibitions implemented in the ITAR by
the Department of State. This rule also serves to prevent confusion by
the public as to the current EAR export and reexport license
requirements applicable to South Sudan. A delay in the effective date
would frustrate the achievement of this goal. Further, no other law
requires that a notice of proposed rulemaking and an opportunity for
public comment be given for this rule. Because a notice of proposed
rulemaking and an opportunity for public comment are not required to be
given for this rule under 5 U.S.C. 553, or by any other law, the
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable.

List of Subjects in 15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

    Accordingly, part 740 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:

PART 740--[AMENDED]

0
1. The authority citation for part 740 continues to read as follows:

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of
August 15, 2017, 82 FR 39005 (August 16, 2017).

0
2. Amend Supplement No. 1 to Part 740 by adding, in alphabetical order,
an entry for ``South Sudan, Republic of'' under ``Country Group D'' to
read as follows:

SUPPLEMENT NO. 1 TO PART 740--COUNTRY GROUPS

* * * * *
[GRAPHIC] [TIFF OMITTED] TR03AU18.002

* * * * *

    Dated: July 26, 2018.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2018-16612 Filed 8-2-18; 8:45 am]
 BILLING CODE 3510-33-P


[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
[Rules and Regulations]
[Pages 73658-73660]
[FR Doc No: 2021-28136]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0874; Project Identifier AD-2021-00668-E;
Amendment 39-21892; AD 2022-01-04]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Corporation (Type
Certificate Previously Held by Allison Engine Company) Turboprop
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Rolls-Royce Corporation (RRC) AE 2100D3 model turboprop
engines. This AD was prompted by an in-flight shutdown (IFSD) of an
engine and subsequent investigation by the manufacturer that revealed a
crack in the 3rd-stage compressor wheel. This AD requires replacement
of the affected 3rd-stage compressor wheel. The FAA is issuing this AD
to address the unsafe condition on these products.

DATES: This AD is effective February 2, 2022.

ADDRESSES: For service information identified in this final rule,
contact Rolls-Royce Corporation, Rolls-Royce Meridian Center, 450 South
Meridian Street, Indianapolis, IN 46225-1103; phone:<PHONE_NUMBER>;
email: Royce.com">[email protected]Royce.com. You may view this service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 1200 District Avenue, Burlington, MA 01803. For
information on the availability of this material at the FAA, call (817)
222-5110. It is also available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0874.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0874; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kyri Zaroyiannis, Aviation Safety
Engineer, Chicago ACO, FAA, 2300 E. Devon Avenue, Des Plaines, IL
60018; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain RRC AE 2100D3
model turboprop engines. The NPRM published in the Federal Register on
October 12, 2021 (86 FR 56660). The NPRM was prompted by an uncommanded
IFSD of a RRC AE 3007A1 model turbofan engine installed on an Embraer
S.A. model EMB-145 airplane (marketed as ERJ-145), while conducting a
revenue flight. The manufacturer's investigation of this incident
revealed that the IFSD resulted from a low-cycle fatigue crack in the
dovetail slot for the blade attachment in the 3rd-stage compressor
wheel, causing one 3rd-stage compressor blade to release. The crack
initiated in the dovetail slot due to a sharp corner in the wheel slot
geometry. The broaching process was identified as the cause of the
crack and parts from this manufacturing lot required removal from
service.
    In response to this event and the manufacturer's subsequent
investigation, the FAA issued a final rule; request for comments, AD
2020-16-13 (85 FR 45769, July 30, 2020), requiring replacement of
certain 3rd-stage compressor wheels installed on RRC AE 3007A, AE
3007A1, AE 3007A1/1, AE 3007A1/2, AE 3007A1/3, AE 3007A1E, AE 3007A1P,
and AE 3007A3 model turbofan engines before the 3rd-stage compressor
wheels accumulate a specified number of cycles. The actions required by
AD 2020-16-13 address engines that experienced high stresses at the
3rd-stage compressor wheel location and accumulated cycles at a high
rate. In the NPRM, the FAA proposed to require replacement of certain
AE 2100D3 3rd-stage compressor wheels that were produced in the same
lot as the AE 3007 3rd-stage compressor wheels identified in AD 2020-
16-13, before they accumulate a specified number of cycles. The FAA is
issuing this AD to address the unsafe condition on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from one anonymous commenter. The
anonymous commenter supported the NPRM without change.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety requires adopting the AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. Except for a minor editorial change to the
contact address for service information, this AD is adopted as proposed
in the NPRM.

Related Service Information

    The FAA reviewed Rolls-Royce Alert Service Bulletin (ASB) AE
2100D3-A-72-330, Engine--3rd Stage Compressor Wheel Removal for Reduced
Life Limit, dated June 11, 2021. The ASB describes procedures for
removal of a certain 3rd-stage compressor wheel.

Costs of Compliance

    The FAA estimates that this AD affects 15 engines installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Remove and replace 3rd-stage            125 work-hours x $85 per         $32,844         $43,469        $652,035
 compressor wheel.                       hour = $10,625.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2022-01-04 Rolls-Royce Corporation (Type Certificate previously held
by Allison Engine Company): Amendment 39-21892; Docket No. FAA-2021-
0874; Project Identifier AD-2021-00668-E.

(a) Effective Date

    This airworthiness directive (AD) is effective February 2, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce Corporation (RRC) AE 2100D3 model
turboprop engines with a 3rd-stage compressor wheel, part number (P/
N) 23084158, and with a serial number listed in Figure 1 to
paragraph (c) of this AD.

Figure 1 to Paragraph (c)--Serial Numbers of Affected P/N 23084158 3rd-
stage Compressor Wheels

L343502
L343539
L343545
L343546
L343547
L343550
L343553
L343554
L343555
L343566
L343569
L343573
L343576
L343578
L343579
L343580
L343584
L343588
L343593
L343594
L343597
L343602

(d) Subject

    Joint Aircraft System Component (JASC) Code 7230, Turbine Engine
Compressor Section.

(e) Unsafe Condition

    This AD was prompted by an in-flight shutdown of an engine
during a revenue flight and subsequent investigation by the
manufacturer that revealed a crack in the 3rd-stage compressor
wheel. The FAA is issuing this AD to prevent failure of the 3rd-
stage compressor wheel. The unsafe condition, if not addressed,
could result in an uncontained release of the 3rd-stage compressor
wheel, damage to the engine, and damage to the airplane.

(f) Compliance

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

(g) Required Actions

    Before the affected 3rd-stage compressor wheel exceeds 5,200
flight cycles since new, remove the affected 3rd-stage compressor
wheel and replace with a part eligible for installation.

(h) Definition

    For the purpose of this AD, a part eligible for installation is
a 3rd-stage compressor wheel that does not have a P/N and a serial
number listed in the Applicability, paragraph (c) of this AD.

(i) Special Flight Permit

    A special flight permit may be issued in accordance with 14 CFR
21.197 and 21.199 to permit a one-time, non-revenue ferry flight to
a location where the engine can be removed from service. This ferry
flight must be performed with only essential flight crew.

(j) Alternative Methods of Compliance (AMOCs)

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

(k) Related Information

    For more information about this AD, contact Kyri Zaroyiannis,
Aviation Safety Engineer, Chicago ACO, FAA, 2300 E. Devon Avenue,
Des Plaines, IL 60018; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected].

(l) Material Incorporated by Reference

    None.

    Issued on December 21, 2021.
Lance T. Gant, Director,
Compliance & Airworthiness Division, Aircraft Certification Service.
[FR Doc. 2021-28136 Filed 12-27-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
[Notices]
[Pages 10114-10115]
[FR Doc No: 2021-03281]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4505-DR; Docket ID FEMA-2021-0001]

Rhode Island; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Rhode Island (FEMA-4505-DR), dated March 30, 2020, and
related determinations.

DATES: This change occurred on January 14, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Paul F. Ford,
of FEMA is appointed to act as the Federal Coordinating Officer for
this disaster.
    This action terminates the appointment of W. Russell Webster as
Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance

(Presidentially Declared Disasters); 97.039, Hazard Mitigation
Grant.

Robert J. Fenton,
Senior Official Performing the Duties of the Administrator, Federal
Emergency Management Agency.
[FR Doc. 2021-03281 Filed 2-17-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Notices]
[Page 34206-34209]
[DOCID:fr16jn10-126]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0138]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice of applications for exemption from the diabetes mellitus
standard; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 25 individuals
for exemption from the prohibition against persons with insulin-treated
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in
interstate commerce. If granted, the exemptions would enable these
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before July 16, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2010-0138 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this Notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19476). This information is
also available at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to, or greater than, the level that would be
achieved absent such exemption.'' The statute also allows the Agency to
renew exemptions at the end of the 2-year period. The 25 individuals
listed in this Notice have recently requested such an exemption from
the diabetes prohibition in 49 CFR 391.41(b) (3), which applies to
drivers of CMV in interstate commerce. Accordingly, the Agency will
evaluate the qualifications of each applicant to determine whether
granting

the exemption will achieve the required level of safety mandated by the
statutes.

Qualifications of Applicants

Calvin R. Adams

    Mr. Adams, age 62, has had ITDM since 1997. His endocrinologist
examined him in 2009 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Adams meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class A Commercial Driver's License
(CDL) from Texas.

Michael R. Amstutz

    Mr. Amstutz, 59, has had ITDM since 1994. His endocrinologist
examined him in 2009 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Amstutz meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Ohio.

Clinton R. Carlson, II

    Mr. Carlson, 22, has had ITDM since 2002. His endocrinologist
examined him in 2010 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Carlson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class 10 operator's license from Rhode
Island, which allows him to operate any motor vehicle except a
motorcycle and a vehicle that weighs more than 26,000 pounds, carries
16 or more passengers or transports placarded amounts of hazardous
materials.

Brandon L. Cheek

    Mr. Cheek, 34, has had ITDM since 1980. His endocrinologist
examined him in 2010 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Cheek meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class C operator's
license from North Carolina.

Michael J. Drake

    Mr. Drake, 52, has had ITDM since 2010. His endocrinologist
examined him in 2010 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Drake meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Illinois.

Richard A. Dufton, Jr.

    Mr. Dufton, 58, has had ITDM since 2010. His endocrinologist
examined him in 2009 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Dufton meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from New Hampshire.

Kenneth Dunn

    Mr. Dunn, 44, has had ITDM since 2008. His endocrinologist examined
him in 2009 and certified that he has had no hypoglycemic reactions
resulting in loss of consciousness, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning in the past 5 years; understands diabetes management
and monitoring; has stable control of his diabetes using insulin; and
is able to drive a CMV safely. Mr. Dunn meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2010 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Indiana.

Robert J. Dyxin

    Mr. Dyxin, 29, has had ITDM since 1999. His endocrinologist
examined him in 2010 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Dyxin meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010 and certified that he does not
have diabetic retinopathy. He holds a Class C operator's license from
Illinois.

Scott D. Endres

    Mr. Endres, 31, has had ITDM since 1987. His endocrinologist
examined him in 2009 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Endres meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class D operator's
license from Wisconsin.

Michael H. Hayden

    Mr. Hayden, 52, has had ITDM since 1984. His endocrinologist
examined him in 2009 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr.

Hayden meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class D
operator's license from New York.

Jarvis D. Hubbell

    Mr. Hubbell, 48, has had ITDM since 2009. His endocrinologist
examined him in 2010 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Hubbell meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class B CDL from
California.

John T. Jones

    Mr. Jones, 40, has had ITDM since 1997. His endocrinologist
examined him in 2010 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Jones meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from
Oklahoma.

Blake A. S. Keeten

    Mr. Keeten, 23, has had ITDM since 1994. His endocrinologist
examined him in 2010 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Keeten meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class O operator's license from
Nebraska, which allows him to drive any non-commercial vehicle except
motorcycles

Randall L. Koegel

    Mr. Koegel, 55, has had ITDM since 2009. His endocrinologist
examined him in 2010 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Koegel meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from New York.

Nicholas J. Niemerg

    Mr. Niemerg, 27, has had ITDM since 1984. His endocrinologist
examined him in 2010 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Niemerg meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from
Illinois.

Dereck J. Oliveira

    Mr. Oliveira, 52, has had ITDM since 2000. His endocrinologist
examined him in 2010 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Oliveira meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds an operator's license from New
Hampshire.

Paul J. O'Neil, Jr.

    Mr. O'Neil, 56, has had ITDM since 1991. His endocrinologist
examined him in 2010 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. O'Neil meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010 and certified that he does not
have diabetic retinopathy. He holds an operator's license from
Virginia.

Worden T. Price

    Mr. Price, 25, has had ITDM since 2008. His endocrinologist
examined him in 2010 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Price meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2009 and certified that he does not have
diabetic retinopathy. He holds a Class C operator's license from North
Carolina.

Frankie R. Ramey

    Mr. Ramey, 55, has had ITDM since 2009. His endocrinologist
examined him in 2010 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Ramey meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Alabama.

Michael Romero

    Mr. Romero, 48, has had ITDM since 2007. His endocrinologist
examined him in 2009 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Romero meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009 and certified that he does not
have

diabetic retinopathy. He holds a Class B CDL from New Mexico.

Gary L. Sager

    Mr. Sager, 42, has had ITDM since 2009. His endocrinologist
examined him in 2010 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Sager meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Illinois.

Darrel D. Schroeder

    Mr. Schroeder, 54, has had ITDM since 1985. His endocrinologist
examined him in 2010 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Schroeder meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Kansas.

Steven M. Sernett

    Mr. Sernett, 24, has had ITDM since 1988. His endocrinologist
examined him in 2010 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Sernett meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from South Dakota.

Scott C. Sevedge

    Mr. Sevedge, 55, has had ITDM since 2007. His endocrinologist
examined him in 2009 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Sevedge meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from
Wisconsin.

Steven G. Woltman

    Mr. Woltman, 47, has had ITDM since 1982. His endocrinologist
examined him in 2010 and certified that he has had no hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 5 years; understands diabetes
management and monitoring; has stable control of his diabetes using
insulin; and is able to drive a CMV safely. Mr. Woltman meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class R operator's
license from Colorado, which allows him to drive any motor vehicle with
a gross weight of less than 26,001 pounds.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this Notice. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the Notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441).\1\ The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

    \1\ Section 4129(a) refers to the 2003 Notice as a ``final
rule.'' However, the 2003 Notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
---------------------------------------------------------------------------

    Section 4129 requires: (1) elimination of the requirement for 3
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 Notice.
FMCSA discontinued use of the 3-year driving experience and fulfilled
the requirements of section 4129 while continuing to ensure that
operation of CMVs by drivers with ITDM will achieve the requisite level
of safety required of all exemptions granted under 49 U.S.C. 31136 (e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary. The FMCSA concluded that all of
the operating, monitoring and medical requirements set out in the
September 3, 2003 Notice, except as modified, were in compliance with
section 4129(d). Therefore, all of the requirements set out in the
September 3, 2003 Notice, except as modified by the Notice in the
Federal Register on November 8, 2005 (70 FR 67777), remain in effect.

    Issued on: June 10, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-14538 Filed 6-15-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)]
[Notices]
[Page 11432]
[FR Doc No: 2015-04373]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR15-18-000]

Sunoco Pipeline L.P.; Notice of Petition for Declaratory Order

    Take notice that on February 23, 2015, pursuant to Rule 207(a)(2)
of the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.207(a)(2) (2014), Sunoco Pipeline
L.P. filed a petition for a declaratory order approving the proposed
tariff rate structure, proration policy, and various aspects of the
Transportation Service Agreement for the Delaware Basin Extension
project, as more fully explained in the petition.
    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.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    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 5 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 email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on March 23, 2015.

    Dated: February 25, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-04373 Filed 3-2-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Rules and Regulations]
[Pages 21867-21870]
[FR Doc No: 2018-09747]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0398; Product Identifier 2017-NM-113-AD; Amendment
39-19277; AD 2018-10-02]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 787-8 airplanes. This AD requires inspecting the
part number of the occupant restraint system on the standard attendant
seats, and doing additional inspections and corrective actions if
necessary. This AD was prompted by a report of loose attachment bolts
on the occupant restraint system on a standard attendant seat due to
the bolts being over-torqued during production. We are issuing this AD
to address the unsafe condition on these products.

DATES: This AD is effective May 29, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 29,
2018.
    We must receive comments on this AD by June 25, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Boeing

Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone:<PHONE_NUMBER>; internet: https://www.myboeingfleet.com. You
may view this service information at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0398.

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-2018-
0398; 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 final rule, 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: Julie Moon, Aerospace Engineer, Cabin
Safety and Environmental Systems Section, Seattle ACO Branch, FAA, 2200
South 216th St., Des Moines, WA 98198-6547; phone:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We have received a report of loose attachment bolts on the occupant
restraint system on a standard attendant seat due to the bolts being
over-torqued during production. One operator reported that a seat belt
lower mount helicoil was detached from the seat pan lever while the
attachment bolt was still threaded into the helicoil. Investigation
revealed that the attachment bolt was probably over-torqued during
production. Over-torqueing the attachment bolt could damage the bolt or
the helicoil installation, and reduce the strength of the restraint
system. Failure of the restraint system of the attendant seat during
turbulence or a high-G load event could result in serious injury.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Service Bulletin B787-81205-SB250052-00, Issue
001, dated January 27, 2014. This service information describes
procedures for inspecting the part number of the occupant restraint
system on the standard attendant seats, and doing additional
inspections and corrective actions if necessary. The additional
inspections include a general visual inspection for any gap of the
interface of the lever and spacer, a general visual inspection for any
flattened or stripped threads, verification that the lap belt bolt
helicoil in the lever does not protrude beyond the bottom surface of
the counterbore, and a general visual inspection for a visible metal
shaving or fragments of the lap belt bolt and lever helicoil.
Corrective actions include re-torqueing and reworking the bolts and
lever. 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 issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in the service
information described previously, except as discussed under
``Difference Between this AD and the Service Information.''

Difference Between This AD and the Service Information

    Operators should note that, although the service bulletin
recommends accomplishing the inspection of the occupant restraint
system within 50 months (after the release of the service bulletin),
the FAA has determined that accomplishing the inspection within five
years after the effective date of this AD is adequate to address the
identified unsafe condition. In developing an appropriate compliance
time for this AD, we considered not only the manufacturer's
recommendation, but the degree of urgency associated with addressing
the unsafe condition, the average utilization of the affected fleet,
and the time necessary to perform the inspection (one hour). In light
of all of these factors, the FAA finds a five-year compliance time for
completing the inspection is warranted, in that it represents an
appropriate interval of time for affected airplanes to continue to
operate without compromising safety. This difference has been
coordinated with Boeing.

FAA's Justification and Determination of the Effective Date

    There are currently no domestic operators of this product.
Therefore, we find that notice and opportunity for prior public comment
are unnecessary and that good cause exists for making this amendment
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2018-
0398 and Product Identifier 2017-NM-113-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this final rule. We will
consider all comments received by the closing date and may amend this
final rule 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 final rule.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the following cost estimates to comply with this AD would
apply:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Inspection for part number (P/N)..............  1 work-hour x $85 per hour = $85              $0             $85
Inspection of affected attendant seats........  2 work-hours x $85 per hour =                  0             170
                                                 $170.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary rework that
would be required based on the results of the inspections. We have no
way of determining the number of aircraft that might need this rework:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Rework........................................  2 work-hours x $85 per hour =                 $0            $170
                                                 $170.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs''
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under 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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2018-10-02 The Boeing Company: Amendment 39-19277; Docket No. FAA-
2018-0398; Product Identifier 2017-NM-113-AD.

(a) Effective Date

    This AD is effective May 29, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 787-8 airplanes,
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by a report of loose attachment bolts on
the occupant restraint system on a standard attendant seat due to
the bolts being over-torqued. We are issuing this AD to address
potential failure of the restraint system of the attendant seat
during turbulence or a high-G load event, which could result in
serious injury.

(f) Compliance

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

(g) Inspection and Applicable Corrective Actions

    Within 5 years after the effective date of this AD: Inspect the
occupant restraint system on the standard attendant seats for any
restraint system having a part number identified in the
Accomplishment Instructions of Boeing Service Bulletin B787-81205-
SB250052-00, Issue 001, dated January 27, 2014.
    (1) For any affected occupant restraint system: Within 5 years
after the effective date of this AD, inspect the affected attendant
seat for discrepancies, including a general visual inspection for
any gap of the interface of the lever and spacer, a general visual
inspection for any flattened or stripped threads, verification that
the lap belt bolt helicoil in the lever does not protrude beyond the
bottom surface of the counterbore, and a general visual inspection
for visible metal shavings or fragments of the lap belt bolt and
lever helicoil; and do all applicable torqueing of the lap belt
bolt, in accordance with the Accomplishment Instructions of Boeing
Service Bulletin B787-81205-SB250052-00, Issue 001, dated January
27, 2014.
    (2) For any discrepant attendant seat, before further flight
rework the attachment bolt, the seat pan lever and bolts, and the
dampener bolt, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin B787-81205-SB250052-00, Issue 001, dated
January 27, 2014.

    Note 1 to paragraph (g) of this AD:  Guidance on the inspections
and rework can be found in Goodrich Service Bulletin 2787-25-009,
dated June 28, 2013.

(h) Inspection Definition

    For the purposes of this AD, a general visual inspection is: ``A
visual examination of an interior or exterior area, installation, or
assembly to detect obvious damage, failure, or irregularity. This
level of inspection is made from within touching distance unless
otherwise specified. A mirror may be necessary to ensure visual
access to all surfaces in the inspection area. This level of
inspection is made under normally available lighting conditions such
as daylight, hangar lighting, flashlight, or droplight and may
require removal or opening of access panels or doors. Stands,
ladders, or platforms may be required to gain proximity to the area
being checked.''

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an
occupant restraint system having a part number identified in the
Accomplishment Instructions of Boeing Service Bulletin B787-81205-
SB250052-00,

Issue 001, dated January 27, 2014, on any airplane.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (k)(1) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO Branch, to make those findings. To be approved,
the repair method, modification deviation, or alteration deviation
must meet the certification basis of the airplane, and the approval
must specifically refer to this AD.

(k) Related Information

    (1) For more information about this AD, contact Julie Moon,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
Seattle ACO Branch, FAA, 2200 South 216th St., Des Moines, WA 98198-
6547; phone:<PHONE_NUMBER>; email: [email protected].
    (2) For Goodrich service information identified in this AD,
contact Goodrich Corporation, Aircraft Interior Products, ATTN:
Technical Publications, 3414 South Fifth Street, Phoenix, AZ 85040-
1169; telephone<PHONE_NUMBER>; internet http://www.goodrich.com/TechPubs.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Service Bulletin B787-81205-SB250052-00, Issue 001,
dated January 27, 2014.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone:<PHONE_NUMBER>; internet: https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on May 1, 2018.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-09747 Filed 5-10-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Notices]
[Pages 76505-76506]
[FR Doc No: 2010-30803]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63414; File No. SR-NASDAQ-2010-153]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change by The NASDAQ Stock Market LLC
To Clarify the Exclusion of Partial Trading Days From Certain
Calculations Within the Investor Support Program

December 2, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 24, 2010, The NASDAQ Stock Market LLC (``NASDAQ'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NASDAQ is filing with the Securities and Exchange Commission
(``SEC'' or ``Commission'') a proposal for the NASDAQ Options Market
(``NOM'' or ``Exchange'') to clarify that partial trading days will not
be counted toward the calculation of certain Investor Support Program
(``ISP'') credit eligibility requirements pursuant to subsection (c)(2)
of the rule.
    The text of the proposed rule change is available from NASDAQ's Web
site at http://nasdaq.cchwallstreet.com/Filings/, at NASDAQ's principal
office, 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, NASDAQ included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. NASDAQ has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange is proposing to amend Rule 7014 to clarify that
partial trading days will not be counted toward the calculation of
certain ISP credit eligibility requirements pursuant to subsection
(c)(2) of the rule, particularly the average daily number of shares of
liquidity provided in orders entered by the member through its ISP-
designated ports and executed in the Nasdaq Market Center during the
month.
    The Exchange established an Investor Support Program that enables
NASDAQ members to earn a monthly fee credit for providing additional
liquidity to NASDAQ and increasing the NASDAQ-traded volume of what are
generally considered to be retail and institutional investor orders in
exchange-traded securities (``targeted liquidity'').\3\ The goal of the
ISP is to incentivize members to provide such targeted liquidity to the
NASDAQ Market Center.\4\ The Exchange noted in the ISP Filing that
maintaining and increasing the proportion of orders in exchange-listed
securities executed on a registered exchange (rather than relying on
any of the available off-exchange execution methods) would help raise
investors' confidence in the fairness of their transactions and would
benefit all investors by deepening NASDAQ's liquidity pool, supporting
the quality of price discovery, promoting market transparency and
improving investor protection.
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    \3\ For a detailed description of the Investor Support Program,
see Securities Exchange Act Release No. 63270 (November 8, 2010), 75
FR 69489 (November 12, 2010) (NASDAQ-2010-141) (notice of filing and
immediate effectiveness) (the ``ISP Filing'').
    \4\ The Commission has recently expressed its concern that a
significant percentage of the orders of individual investors are
executed at over the counter (``OTC'') markets, that is, at off-
exchange markets; and that a significant percentage of the orders of
institutional investors are executed in dark pools. Securities
Exchange Act Release No. 61358 (January 14, 2010), 75 FR 3594
(January 21, 2010) (Concept Release on Equity Market Structure,
``Concept Release''). See also Mary L. Schapiro, Strengthening Our
Equity Market Structure (Speech at the Economic Club of New York,
Sept. 7, 2010) (``Schapiro Speech,'' available on the Commission Web
site) (comments of Commission Chairman on what she viewed as a
troubling trend of reduced participation in the equity markets by
individual investors, and that nearly 30 percent of volume in U.S.-
listed equities is executed in venues that do not display their
liquidity or make it generally available to the public).
---------------------------------------------------------------------------

    Partial trading days are not excluded from the average daily number
of shares of liquidity provided and executed pursuant to certain ISP
credit eligibility criteria in the rule and the Exchange now proposes a
change to do so.\5\
---------------------------------------------------------------------------

    \5\ NASDAQ notes that exclusion of partial trading days would be
consistent with how the Exchange treats partial trading days for
tabulation of pricing tiers under Rule 7018(j).
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    To further the ISP goal of attracting certain targeted retail and
institution liquidity, the ISP limits ISP credit eligibility to
targeted liquidity-enhancing orders in large part by: Establishing a
monthly ISP Execution Ratio \6\ of 10 or above (subsection (c)(1)); and
a monthly cap of 10 million for the average daily number of shares of
liquidity provided in orders entered by the member through its ISP-
designated ports and executed in the NASDAQ Market Center during the
month (subsection (c)(2)). As noted, in the ISP Filing the Exchange did
not exclude partial trading days from the calculation of order numbers
pursuant to subsection (c)(2) of the rule. The Exchange believes that
the inclusion of partial trading days \7\ may serve to improperly skew
the operative calculations. As such, the Exchange proposes to add new
section (c)(3) that states that for purposes of determining the average
daily number of shares of liquidity provided pursuant to subsection
(c)(2) of this Rule, any day that the market is not open for the entire
trading day will be excluded from such calculation.\8\
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    \6\ The term ``ISP Execution Ratio'' is defined as: The ratio of
(i) the total number of liquidity-providing orders entered by a
member through its ISP-designated ports during the specified time
period to (ii) the number of liquidity-providing orders entered by
such member through its ISP-designated ports and executed (in full
or partially) in the NASDAQ Market Center during such time period
(provided that: (i) No order shall be counted as executed more than
once; (ii) no Pegged Orders, odd-lot orders, or MIOC or SIOC orders
shall be included in the tabulation; and (iii) no order shall be
included in the tabulation if it executes but does not add
liquidity). Rule 7014 (d)(3).
    \7\ A partial trading day may occur, as an example, immediately
after the Thanksgiving holiday.
    \8\ There have been no partial trading days in the month of
November previous to the date of submission of the filing and it
would therefore not be retroactive in effect.

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    The Exchange believes that the proposed change to the ISP, which
will be equally applicable to all ISP participants, should be conducive
to further enhancing the program's fairness and equitability.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\9\ in general, and with
Sections 6(b)(4) and 6(b)(5) of the Act,\10\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which NASDAQ operates or controls, and it is
designed to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market,
and, in general, to protect investors and the public interest. The rule
change enhances the Investor Support Program, which helps to raise
investors' confidence in the fairness of their transactions and benefit
all investors by deepening NASDAQ's liquidity pool, supporting the
quality of price discovery, promoting market transparency and improving
investor protection.
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    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4) and (5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\11\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
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    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2010-153 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2010-153. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site http://www.sec.gov/rules/sro.shtml. Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of 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 Number SR-
NASDAQ-2010-153 and should be submitted on or before December 29, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-30803 Filed 12-7-10; 8:45 am]
BILLING CODE 8011-01-P