[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Notices]
[Pages 24258-24261]
[FR Doc No: 2013-09627]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69399; File No. SR-CBOE-2013-039]

Self-Regulatory Organizations; NYSE Arca, Inc.; Chicago Board
Options Exchange, Incorporated; Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change Relating to Fees for the BBO
Data Feed for Securities Traded on the CBOE Stock Exchange

April 18, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the

``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 5, 2013, Chicago Board Options Exchange, Incorporated (the
``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ U.S.C. 785(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

    Chicago Board Options Exchange, Incorporated (the ``Exchange'' or
``CBOE'') proposes to amend the fee schedule of Market Data Express,
LLC (``MDX''), an affiliate of CBOE, for the BBO Data Feed (``CBSX BBO
Data Feed'' or ``Data'') for securities traded on the CBOE Stock
Exchange (``CBSX''). The text of the proposed rule change is available
on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend the fees
charged by MDX for the CBSX BBO Data Feed and to make a few clarifying
changes to the MDX fee schedule.\3\ CBSX is CBOE's stock trading
facility.
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    \3\ The CBSX BBO Data Feed and the fees charged by MDX for the
CBSX BBO Data Feed were established in March 2011. See Securities
Exchange Act Release No. 63998 (March 1, 2011), 76 FR 12384 (March
7, 2011).
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    The CBSX BBO Data Feed is a real-time, low latency data feed that
includes CBSX ``BBO data'' and last sale data.\4\ CBOE reports CBSX BBO
data under the Consolidated Quotation Plan (``CQ Plan'') and CBSX last
sale data under the Consolidated Tape Association Plan (``CTA Plan'')
with respect to NYSE-listed securities and securities listed on
exchanges other than NYSE and Nasdaq for inclusion in those Plans'
consolidated data streams. CBOE reports CBSX BBO data and CBSX last
sale data under the Nasdaq Unlisted Trading Privileges Plan (``Nasdaq/
UTP Plan'') with respect to Nasdaq-listed securities for inclusion in
that Plan's consolidated data stream. The BBO and last sale data
contained in the CBSX BBO Data Feed is identical to the data that CBOE
sends to the processors under the CQ, CTA and Nasdaq/UTP Plans for
redistribution to the public.\5\
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    \4\ The CBSX BBO Data Feed includes the ``best bid and offer,''
or ``BBO'', consisting of all outstanding quotes and standing orders
at the best available price level on each side of the market, with
aggregate size (``BBO data,'' sometimes referred to as ``top-of-book
data''). Data with respect to executed trades is referred to as
``last sale'' data.
    \5\ The Exchange notes that MDX makes available to Customers the
BBO data and last sale data that is included in the CBSX BBO Data
Feed no earlier than the time at which the Exchange sends that data
to the processors under the CQ, CTA and Nasdaq.UTP Plans. A
``Customer'' is any entity that receives the CBSX BBO Data Feed
directly from MDX's system and then distributes it either internally
or externally to Subscribers. A ``Subscriber'' is a person (other
than an employee of a Customer) that receives the CBSX BBO Data Feed
from a Customer for its own internal use.
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    The CBSX BBO Data Feed also includes certain data that is not
included in the data sent to the processors under the CQ, CTA and
Nasdaq/UTP Plans, namely, totals of customer versus non-customer
contracts at the BBO, and All-or-None contingency orders priced better
than or equal to the BBO.
    MDX currently charges Customers a ``direct connect fee'' of $500
per connection per month and a ``per user fee'' of $25 per month per
``Authorized User'' or ``Device'' for receipt of the CBSX BBO Data Feed
by Subscribers.\6\ Either a CBSX Trading Permit Holder or a non-CBSX
Trading Permit Holder may be a Customer. All Customers are assessed the
same fees.
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    \6\ An ``Authorized User'' is defined as an individual user (an
individual human being) who is uniquely identified (by user ID and
confidential password or other unambiguous method reasonably
acceptable to MDX) and authorized by a Customer to access the CBSX
BBO Data Feed supplied by the Customer. A ``Device'' is defined as
any computer, workstation or other item of equipment, fixed or
portable, that receives, accesses and/or displays data in visual,
audible or other form.
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    The Exchange proposes to eliminate both the direct connect fee and
the per user fee and replace them with a ``data fee'', payable by a
Customer, of $500 per month for internal use and external
redistribution of the CBSX BBO Data Feed. A ``Customer'' is any entity
that receives the CBSX BBO Data Feed directly from MDX's system or
through a connection to MDX provided by an approved redistributor
(i.e., a market data vendor or an extranet service provider) and then
distributes it internally and/or externally. The data fee would entitle
a Customer to provide the CBSX BBO Data Feed to an unlimited number of
internal users and Devices within the Customer. The data fee would also
entitle a Customer to distribute externally the CBSX BBO Data Feed to
other Customers. A Customer receiving the CBSX BBO Data Feed from
another Customer would be assessed the data fee by MDX and would be
entitled to distribute the Data internally and/or externally.\7\ All
Customers would have the same rights to utilize the Data (i.e.,
distribute the Data internally and/or externally) as long as the
Customer has entered into an agreement with MDX for the Data and pays
the data fee. Either a CBSX Trading Permit Holder or a non-CBSX Trading
Permit Holder may be a Customer.
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    \7\ A Customer may choose to receive the Data from another
Customer rather than directly from MDX's system because it does not
want to or is not equipped to manage the technology necessary to
establish a direct connection to MDX.
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    The Exchange also proposes to make a few clarifying changes to the
MDX fee schedule. The Exchange proposes to create a separate
Definitions section on the fee schedule. The Exchange proposes to
clarify that MDX will not charge the data fee for any calendar month in
which a Customer commences receipt of Data after the 15th day of the
month or discontinues receipt of the Data before the 15th day of the
month. The Exchange also proposes to include in the MDX fee schedule
provisions relating to invoicing and late payments. Lastly, the
Exchange proposes to remove the definition of per user fee from the MDX
fee schedule consistent with the elimination of that fee.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of Section 6(b) of the Securities Exchange Act of
1934 (``Act'') \8\ in general, and, in particular, with Section 6(b)(4)
of the Act \9\ in that it provides for the equitable allocation of
reasonable dues, fees and other charges among users and recipients of

the Data, and with Section 6(b)(5) \10\ of the Act in that it is not
designed to permit unfair discrimination between them. The Exchange
believes the proposed fee is equitable and not unfairly discriminatory
because it would apply equally to all Customers. All Customers would
have the same rights to utilize the Data (i.e., distribute the Data
internally and/or externally) as long as the Customer has entered into
an agreement with MDX for the Data and pays the data fee.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes the proposed fee is reasonable because it
compares favorably to fees that other markets charge for similar
products. For example, the Exchange believes Nasdaq charges
distributors of its ``Nasdaq Basic'' data feed a monthly fee of $1,500
per firm for either internal or external distribution or both and
charges each professional subscriber a per subscriber monthly charge of
$10 for Nasdaq-listed stocks, $5 for NYSE-listed stocks, and $5 for
Amex-listed stocks.\11\ Like the CBSX BBO Data Feed, the Nasdaq Basic
data feed includes best bid and offer data and last sale data as well
as other market data. The Exchange believes the NYSE charges a monthly
fee of $1,500 for the receipt of access to the ``NYSE BBO'' data feed
plus $15 per month per professional subscriber and $5 per month per
non-professional subscriber. The NYSE BBO data feed provides best bid
and offer information for NYSE-traded securities.\12\ The Exchange
notes that the CBSX BBO Data Feed also competes with products offered
by the NYSE entitled NYSE Arca BBO and NYSE MKT BBO that include top-
of-book data and NYSE Arca Trades and NYSE MKT Trades that include last
sale data similar to the data in the CBSX BBO Data Feed.\13\ As noted
above, the CBSX BBO Data Feed also includes totals of customer versus
non-customer contracts at the BBO, and All-or-None contingency orders
priced better than or equal to the BBO.
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    \11\ See Nasdaq Rule 7047 and http://www.nasdaqtrader.com. The
Exchange believes Nasdaq charges each non-professional subscriber to
Nasdaq Basic a per subscriber monthly charge of $0.50 for Nasdaq-
listed stocks, $0.25 for NYSE-listed stocks, and $0.25 for Amex-
listed stocks.
    \12\ See http://www.nyxdata.com.
    \13\ Id.
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    For the reasons cited above, the Exchange believes the proposed fee
for the CBSX BBO Data Feed is equitable, reasonable and not unfairly
discriminatory. In addition, the Exchange believes that no substantial
countervailing basis exists to support a finding that the proposed
terms and fee for the CBSX BBO Data Feed fails to meet the requirements
of the Act.

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. To the contrary, the market for
orders and executions is already highly competitive and the Exchange's
proposal is itself pro-competitive as described below.
    The Exchange believes competition provides an effective constraint
on the market data fees that the Exchange, through MDX, has the ability
and the incentive to charge. CBSX has a compelling need to attract
order flow from market participants in order to maintain its share of
trading volume. This compelling need to attract order flow imposes
significant pressure on CBOE to act reasonably in setting its fees for
market data, particularly given that the market participants that will
pay such fees often will be the same market participants from whom CBSX
must attract order flow. These market participants include broker-
dealers that control the handling of a large volume of customer and
proprietary order flow. Given the portability of order flow from one
exchange to another, any exchange that sought to charge unreasonably
high data fees would risk alienating many of the same customers on
whose orders it depends for competitive survival. CBSX competes for
order flow with the other national securities exchanges that currently
trade equities, with electronic communication networks (``ECNs'') and
with other trading platforms.
    CBOE is constrained in pricing the CBSX BBO Data Feed by the
availability to market participants of alternatives to purchasing the
CBSX BBO Data Feed. CBOE must consider the extent to which market
participants would choose one or more alternatives instead of
purchasing CBSX's data. For example, the BBO data and last sale data
available in the CBSX BBO Data Feed is included in the CQ, CTA and
Nasdaq/UTP data feeds. The CQ, CTA and Nasdaq/UTP data feeds are widely
distributed and relatively inexpensive, thus constraining CBOE's
ability to price the CBSX BBO Data Feed. In this respect, the CQ, CTA
and Nasdaq/UTP data feeds, which include CBSX's transaction
information, are significant alternatives to the CBSX BBO Data Feed.
    Further, the various self-regulatory organizations, ECNs and the
several Trade Reporting Facilities of FINRA that produce proprietary
data are sources of potential competition for MDX. As noted above,
Nasdaq and NYSE offer market data products that compete with the CBSX
BBO Data Feed. In addition, the Exchange believes other exchanges may
currently offer top-of-book market data products for a fee or for free.
    The Exchange believes that the CBSX BBO Data Feed offered by MDX
will help attract new users and new order flow to CBSX, thereby
improving CBSX's ability to compete in the market for order flow and
executions.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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.\14\ 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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    \14\ 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 email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2013-039 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-CBOE-2013-039. 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 publicly available. All
submissions should refer to File Number SR-CBOE-2013-039 and should be
submitted on or before May 15, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-09627 Filed 4-23-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Proposed Rules]
[Pages 27601-27605]
[FR Doc No: 2015-10469]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1273; Directorate Identifier 2014-NM-194-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 777 airplanes. This proposed AD was
prompted by reports of unreliable performance of the fuel scavenge
system. This proposed AD would require changing the main fuel tank
water scavenge system, center fuel tank fuel scavenge system, certain
electrical panels; related investigative actions, and corrective
actions if necessary; and for certain airplanes, changing to give
redundant control of the center override/jettison fuel pumps and main
jettison fuel pumps. We are proposing this AD to prevent fuel
exhaustion and subsequent power loss of all engines due to loss of
capability to scavenge fuel in the center fuel tank.

DATES: We must receive comments on this proposed AD by June 29, 2015.

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 Boeing service information identified in this proposed AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    For GE Aviation service information identified in this proposed AD,
contact GE Aviation Fleet Support, 1 Neumann Way, Cincinnati, OH 45215;
telephone<PHONE_NUMBER>; Email<EMAIL_ADDRESS>Internet
http://www.geaviation.com.
    You may view this referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. Boeing service information is also available on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2015-1273.

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-2015-
1273; 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: Tak Kobayashi, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6499; fax:<PHONE_NUMBER>; 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-2015-1273;
Directorate Identifier 2014-NM-194-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 have received reports of unreliable performance of the fuel
scavenge system. During flight, any water in the fuel can sink to the
bottom of the fuel tank. This water can enter the fuel scavenge inlets
and can then freeze as it travels from the body center fuel tank into
the colder fuel scavenge tubes in the left and right cheek center fuel
tanks. The flow of scavenge fuel from the center fuel tank to the main
fuel tanks can then decrease or stop. When this occurs, as much as
2,600 pounds of fuel can remain unavailable during flight. On airplanes
with airplane information management system (AIMS) version 13 or older,
this can occur without warning. If the fuel quantity decreases to the
quantity of the unavailable fuel, then in-flight shutdown of both
engines could occur.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Special Attention Service Bulletin 777-28-0078,
dated September 4, 2014. This service bulletin describes a main fuel
tank water scavenge system change and a center fuel tank fuel scavenge
system change.
    We also reviewed Boeing Service Bulletin 777-28A0047, Revision 5,
dated September 20, 2010, and Revision 6, dated July 11, 2013, which
describe changes to give redundant control of the center override/
jettison fuel pumps and main jettison fuel pumps.
    We also reviewed GE Aviation Service Bulletin 5000ELM-28-075,
Revision 1, dated August 5, 2014, and GE Aviation Service Bulletin
6000ELM-28-076, Revision 1, dated August 5, 2014, which describe wiring
changes in the P110 and P210 panels, respectively.
    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 of this
NPRM.

Concurrent Actions

    For airplanes in Group 10, Configuration 1, Boeing Special
Attention Service Bulletin 777-28-0078, dated September 4, 2014,
specifies prior accomplishment of the actions described in Boeing
Service Bulletin 777-28-0060, dated January 30, 2009; Revision 1, dated
October 2, 2009; or Revision 2, dated January 08, 2010; which describe
single aft auxiliary fuel tank removal and cargo system installation.
Boeing Special Attention Service Bulletin 777-28-0078, dated September
4, 2014, does not address the configuration of airplanes with the
auxiliary fuel tank installed. Group 10 airplanes were delivered with
the auxiliary fuel tank installed, and therefore the actions specified
in Boeing Special Attention Service Bulletin 777-28-0078, dated
September 4, 2014, cannot be accomplished on those airplanes unless the
auxiliary fuel tank is removed. This proposed AD does not require
removal of the auxiliary fuel tank from airplanes in Group 10,
Configuration 1, in accordance with the actions specified in Boeing
Service Bulletin 777-28-0060, dated January 30, 2009; Revision 1, dated
October 2, 2009; or Revision 2, dated January 08, 2010. However, if the
auxiliary fuel tank is removed, this proposed AD requires
accomplishment of the actions specified in Boeing Special Attention
Service Bulletin 777-28-0078, dated September 4, 2014, prior to the
threshold or concurrent with the auxiliary tank removal, and prohibits
re-installation of the auxiliary fuel tank thereafter. Once
modifications are developed and approved to address an airplane
configuration having an auxiliary fuel tank installed, we might
consider additional rulemaking to address the fuel scavenge system in
those airplanes.
    For airplanes in Group 10, Configuration 2, Boeing Special
Attention Service Bulletin 777-28-0078, dated September 4, 2014,
specifies prior accomplishment of the actions described in Work Package
2 of the Accomplishment Instructions of Boeing Service Bulletin 777-28-
0062, dated June 30, 2009; or Revision 1, dated November 18, 2010;
which describes removal of one body auxiliary fuel tank (Work Package 1
describes installation of the auxiliary fuel tank). Boeing

Special Attention Service Bulletin 777-28-0078, dated September 4,
2014, does not address the configuration of airplanes with the
auxiliary fuel tank installed. Group 10 airplanes are delivered with
the auxiliary fuel tank installed, and therefore, the actions specified
in Boeing Special Attention Service Bulletin 777-28-0078, dated
September 4, 2014, cannot be accomplished on those airplanes unless the
auxiliary fuel tank is removed. This proposed AD does not require
removal of the auxiliary fuel tank from airplanes in Group 10,
Configuration 2, in accordance with the actions specified in Work
Package 2 of the Accomplishment Instructions of Boeing Service Bulletin
777-28-0062, dated June 30, 2009; or Revision 1, dated November 18,
2010. However, if the auxiliary fuel tank is removed, this proposed AD
requires accomplishment of the actions specified in Boeing Special
Attention Service Bulletin 777-28-0078, dated September 4, 2014, prior
to the threshold or concurrent with the auxiliary tank removal, and
prohibits re-installation of the auxiliary fuel tank thereafter. Once
modifications are developed and approved to address an airplane
configuration having an auxiliary fuel tank installed, we might
consider additional rulemaking to address the fuel scavenge system in
those airplanes.

Related Rulemaking

    AD 2011-09-05, Amendment 39-16667 (77 FR 22305, April 21, 2011),
specifies the actions described in Boeing Service Bulletin 777-28A0047,
Revision 5, dated September 20, 2010. For certain airplanes, the
actions described in this service bulletin must be done prior to the
accomplishment of the actions described in Boeing Special Attention
Service Bulletin 777-28-0078, dated September 4, 2014.

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 these same type
designs.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously, except as discussed
under ``Differences Between this Proposed AD and the Service
Information.''
    The phrase ``related investigative actions'' might be used in this
proposed AD. ``Related investigative actions'' are follow-on actions
that: (1) Are related to the primary actions, and (2) are actions that
further investigate the nature of any condition found. Related
investigative actions in an AD could include, for example, inspections.
    In addition, the phrase ``corrective actions'' might be used in
this proposed AD. ``Corrective actions'' are actions that correct or
address any condition found. Corrective actions in an AD could include,
for example, repairs.

Explanation of ``RC'' Steps in Service Information

    The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(ARC), to enhance the AD system. One enhancement was a new process for
annotating which steps in the service information are required for
compliance with an AD. Differentiating these steps from other tasks in
the service information is expected to improve an owner's/operator's
understanding of crucial AD requirements and help provide consistent
judgment in AD compliance. The steps identified as RC (required for
compliance) in any service information identified previously have a
direct effect on detecting, preventing, resolving, or eliminating an
identified unsafe condition.
    Steps that are identified as RC in any service information must be
done to comply with the proposed AD. However, steps that are not
identified as RC are recommended. Those steps that are not identified
as RC may be deviated from using accepted methods in accordance with
the operator's maintenance or inspection program without obtaining
approval of an alternative method of compliance (AMOC), provided the
steps identified as RC can be done and the airplane can be put back in
a serviceable condition. Any substitutions or changes to steps
identified as RC will require approval of an AMOC.

Costs of Compliance

    We estimate that this proposed AD affects 55 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
----------------------------------------------------------------------------------------------------------------
Fuel system modification..............  200 work-hours x $85 per         $68,535         $85,535      $4,704,425
                                         hour = $17,000.
P110 and P210 panel modification......  2 work-hours x $85 per                 0             170           9,350
                                         hour = $170.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.
    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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):

The Boeing Company: Docket No. FAA-2015-1273; Directorate Identifier
2014-NM-194-AD.

(a) Comments Due Date

    We must receive comments by June 29, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 777-200, -200LR, -
300, -300ER, and -777F series airplanes, certificated in any
category, as identified in Boeing Special Attention Service Bulletin
777-28-0078, dated September 4, 2014.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by reports of unreliable performance of the
fuel scavenge system. We are issuing this AD to prevent fuel
exhaustion and subsequent power loss of all engines due to loss of
capability to scavenge fuel in the center fuel tank.

(f) Compliance

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

(g) Fuel Scavenge System Changes, Wiring Changes, and Software Changes

    For airplanes identified in Boeing Special Attention Service
Bulletin 777-28-0078, dated September 4, 2014, except for Group 10
airplanes on which the actions specified in Boeing Service Bulletin
777-28-0060; or Work Package 2 of the Accomplishment Instructions of
Boeing Service Bulletin 777-28-0062, have not been accomplished:
Within 60 months after the effective date of this AD, do the
applicable actions specified in paragraphs (g)(1) through (g)(6) of
this AD; and do all applicable related investigative and corrective
actions; in accordance with the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 777-28-0078, dated
September 4, 2014. Do all applicable related investigative and
corrective actions before further flight.
    (1) Do applicable mechanical changes to the main fuel tank water
scavenge system and center fuel tank fuel scavenge system.
    (2) Install relays and related equipment on the P301 and P302
panels in the main equipment center.
    (3) Do applicable wiring changes between the P105, P110 and P301
panels, and between the P200, P205, P210 and P302 panels.
    (4) Do wiring changes in the P105 panel.
    (5) Install new electrical load management system 2 (ELMS2)
software.
    (6) Do a functional test consisting of operational tests, a leak
test, system tests, and a fuel scavenge system functional test. If
any of the tests fail, before further flight accomplish corrective
actions and repeat the test and applicable corrective actions until
the test is passed.

(h) Concurrent Actions

    (1) For Group 13 through 16 airplanes, as identified in Boeing
Special Attention Service Bulletin 777-28-0078, dated September 4,
2014, prior to accomplishing the actions required by paragraph (g)
of this AD, install a new P301 panel on the left side of the
airplane, install a new P302 panel on the right side of the
airplane, and change the wiring; or perform bonding resistance
measurements and rework the airplane installations; as applicable;
in accordance with the Accomplishment Instructions of Boeing Service
Bulletin 777-28A0047, Revision 5, dated September 20, 2010; or
Boeing Service Bulletin 777-28A0047, Revision 6, dated July 11,
2013.
    (2) For airplanes identified in Boeing Special Attention Service
Bulletin 777-28-0078, dated September 4, 2014, except for Group 10
airplanes on which the actions described in Boeing Service Bulletin
777-28-0060; or Work Package 2 of the Accomplishment Instructions of
Boeing Service Bulletin 777-28-0062, have not been accomplished:
Prior to or concurrently with accomplishing the requirements of
paragraph (g) of this AD, do wiring changes in the P110 and P210
panels, in accordance with the applicable Accomplishment
Instructions of GE Aviation Service bulletin 5000ELM-28-075,
Revision 1, dated August 5, 2014; and GE Aviation Service Bulletin
6000ELM-28-076, Revision 1, dated August 5, 2014.

(i) Parts Installation Prohibition

    For Group 10 airplanes, as identified in Boeing Special
Attention Service Bulletin 777-28-0078, dated September 4, 2014,
after completion of the actions required by paragraph (g) of this
AD, no person may install an auxiliary fuel tank on any Group 10
airplane.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(h)(1) of this AD, if those actions were performed before May 26,
2011 (the effective date of AD 2011-09-05, Amendment 39-16667 (77 FR
22305, April 21, 2011)) using a service bulletin identified in
paragraph (j)(1) or (j)(2) of this AD, which are not incorporated by
reference in this AD.
    (1) Boeing Service Bulletin 777-28A0047, Revision 3, dated June
11, 2009.
    (2) Boeing Service Bulletin 777-28A0047, Revision 4, dated May
20, 2010.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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 (k)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair 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, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) If any service information contains steps that are
identified as RC (Required for Compliance), those steps must be done
to comply with this AD; any steps that are not identified as RC are
recommended. Those steps that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the steps identified as RC can be done
and the airplane can be put back in a serviceable condition. Any
substitutions or changes to steps identified as RC require approval
of an AMOC.

(l) Related Information

    (1) For more information about this AD, Tak Kobayashi, Aerospace
Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>

    (2) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com. For GE Aviation service information
identified in this proposed AD, contact GE Aviation Fleet Support, 1
Neumann Way, Cincinnati, OH 45215; telephone<PHONE_NUMBER>; Email:
<EMAIL_ADDRESS>Internet http://www.geaviation.com.
You may view this referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on April 28, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-10469 Filed 5-13-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
[Pages 47620-47623]
[FR Doc No: 2017-21979]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0947]
RIN 1625-AA00

Safety Zone, Delaware River; Dredging

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing temporary safety zones in
portions of New Castle Range and Cherry Island Range on the Delaware
River as well as the Christina River in order to facilitate the annual
maintenance dredging of the Federal Navigation Channel. The safety
zones will be established for the waters in the vicinity of the dredge,
dredge equipment, and associated pipeline. This regulation is necessary
to provide for the safety of life on navigable waters of the Delaware
River and the Christina River in the vicinity of dredging activity and
is intended to protect mariners from the hazards associated with pipe-
laying and dredging operations.

DATES: This rule is effective without actual notice from October 13,
2017 through January 10, 2018. For the purposes of enforcement, actual
notice will be used from October 6, 2017, through October 13, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0947 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Edmund Ofalt, Waterways Management Branch,
U.S. Coast Guard Sector Delaware Bay; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because Sector Delaware Bay received the
final details of the project on October 2, 2017 and dredging operations
are scheduled to commence on October 6, 2017. It is impracticable and
contrary to the public interest to publish an NPRM to provide a notice
and opportunity for comment period because we must establish these
safety zones by October 6, 2017, to ensure the safety of life on
navigable waters in the vicinity of dredging activity and protect
mariners from the hazards associated with pipe-laying and dredging
operations. Specific risks to safety include submerged and floating
pipeline, dredge booster assemblies and the dredge itself which may be
placed within or in close proximity to the navigational channel and Pea
Patch Island Anchorage 5 on the Delaware River.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to mitigate the hazards presented to
safety of life on the Delaware and Christina Rivers by the presence of
dredge equipment and dredging operations.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port (COTP) Delaware Bay has determined that
potential hazards associated with dredging and pipe laying operations
beginning on October 6, 2017, will be a safety concern for vessels
attempting to transit the Delaware River, along New Castle Range,
Cherry Island Range, and the Christina River. This rule is needed to
protect personnel, vessels, and the marine environment on the navigable
waters within the safety zones while dredging is being conducted.

IV. Discussion of the Rule

    This rule establishes safety zones on portions of the Delaware
River and Christina River from October 6, 2017, through January 10,
2018, unless cancelled earlier by the COTP, to facilitate maintenance
dredging being conducted in New Castle Range, Cherry Island Range and
the Christina River. Maintenance dredging in the channel will be
conducted with the cutter suction dredge ILLINOIS and associated
pipeline. The pipeline will be a combination of floating hoses
immediately behind the dredge connected to a submerged pipeline leading
to upland disposal areas. Due to the hazards related to cutter suction
dredging, the associated pipeline, and the location of the submerged
pipeline, safety zones will be established in the following areas:
    (1) Safety zone 1 includes all waters within 150 yards of the
dredge and all related dredge equipment. Entry into or transiting
within safety zone 1 is prohibited unless vessels obtain permission
from the Captain of the Port, via VHF-FM channel 16, or make
satisfactory passing arrangements, via VHF-FM channels 07 or 13, with
the dredge ILLINOIS per this section and the Rules of the Road (33 CFR
subchapter E). The safety zone will be established for the duration of
the maintenance project. Vessels requesting to transit shall contact
the dredge ILLINOIS on VHF channel 07 or 13, at least 1 hour, as well
as 30 minutes, prior to arrival.
    (2) Safety zone 2 includes all the waters of Pea Patch Island
Anchorage No. 5 found in 33 CFR 110.157(a)(6), where submerged
pipeline(s) will be located which poses a risk to anchored vessels. The
safety zone will be in place only during the time in which the dredge
ILLINOIS is conducting dredging operations in New Castle Range. Vessels
requesting to anchor in Pea Patch Island Anchorage No. 5, during the
enforcement of safety zone 2, are required to obtain permission from
the COTP prior to entry into the anchorage.
    The COTP will terminate each safety zone individually once all
submerged pipeline has been recovered and dredging operations are
completed in each range respectively. Notice of the termination of each
safety zone will be made in accordance with 33 CFR 165.7.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the safety zones. Although this regulation
will restrict access to regulated areas, the effect of this rule will
not be significant because there are a number of alternate anchorages
available. Furthermore, vessels may be permitted to transit through the
safety zone with the permission of the COTP or make satisfactory
passing arrangements with the dredge ILLINOIS in accordance with this
rule and the Rules of the Road (33 CFR subchapter E). Extensive
notification of the safety zones to the maritime public will be made
via maritime advisories allowing mariners to alter their plans
accordingly.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the

reasons stated in section V.A above, this rule will not have a
significant economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. 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.

F. 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 (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 safety zones that encompass all navigable waters within
150 yards of a dredge, dredging pipeline and all dredge related
equipment. It is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record
of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.

G. 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.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T05-0947, to read as follows:

Sec.  165.T05-0947  Safety Zones, Delaware River; Dredging.

    (a) Location. The following areas are safety zones:
    (1) Safety zone 1. Safety zone 1 includes all navigable waters
within 150 yards of the dredge ILLINOIS and all related dredge
equipment.
    (2) Safety zone Safety zone 2 includes all the waters of Pea Patch
Island Anchorage No. 5 found in 33 CFR 110.157(a)(6), where submerged
pipeline will be located causing a hazard to anchoring vessels.
    (b) Definitions--(1) Captain of the Port means the Commander Sector
Delaware Bay or any Coast Guard commissioned, warrant, or petty officer
who has been authorized by the Captain of the Port to act on his
behalf.
    (2) Designated representative means any Coast Guard commissioned,
warrant or petty officer who has been authorized by the Captain of the
Port, Delaware Bay, to assist with the enforcement of safety zones
described in paragraph (a) of this section.
    (c) Regulations. The general safety zone regulations found in 33
CFR part 165 subpart C apply to the safety zones created by this
section.
    (1) Entry into or transiting within safety zone 1 is prohibited
unless vessels obtain permission from the Captain of the Port, via VHF-
FM channel 16, or make satisfactory passing arrangements, via VHF-FM
channels 07 or 13, with the dredge ILLINOIS per this section and the
Rules of the Road (33 CFR subchapter E). Vessels requesting to transit
shall contact the dredge ILLINOIS on VHF-FM channel 07 or 13, at least
1 hour, as well as 30 minutes, prior to arrival.
    (2) Entry into, transiting, or anchoring within safety zone 2 is
prohibited unless vessels obtain permission from the Captain of the
Port via VHF-FM channel 16.
    (3) Vessels granted permission to enter and transit through the
safety zone(s) must do so in accordance with any directions or orders
of the Captain of the Port, his designated representative, or the
dredge ILLINOIS as appropriate. No person or vessel may enter or remain
in a safety zone without permission from the Captain of the Port or the
dredge ILLINOIS as applicable.
    (4) At least one side of the main navigational channel will be kept
clear for safe passage of vessels in the vicinity

of safety zone 1. At no time will the main navigational channel be
closed to vessel traffic.
    (5) This section applies to all vessels that intend to transit
through either safety zone except vessels that are engaged in the
following operations: enforcement of laws; service of aids to
navigation, and emergency response.
    (d) Enforcement period. This section is enforced from October 6,
2017, through January 10, 2018.
    (1) Zone 1. Zone 1 will be enforced at all times during which the
dredge ILLINOIS is conducting dredging operations in New Castle Range,
Cherry Island Range, and the Christina River.
    (2) Zone 2. Zone 2 will be enforced only during those times that
dredge ILLINOIS is conducting dredging operations in New Castle Range.
    (3) Notifications. The Captain of the Port will notify the maritime
community of specific times and locations during which these safety
zones will be enforced by providing advance notice via marine safety
information bulletins, broadcast notice to mariners and local notice to
mariners.

    Dated: October 5, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-21979 Filed 10-12-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: July 26, 2010 (Volume 75, Number 142)]
[Rules and Regulations]
[Page 43395-43397]
[DOCID:fr26jy10-2]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0457; Directorate Identifier 2010-CE-019-AD;
Amendment 39-16371; AD 2010-15-05]
RIN 2120-AA64

Airworthiness Directives; Aircraft Industries a.s. Model L 23
Super Blanik Gliders

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

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD)
for the products listed above. This AD results from mandatory
continuing airworthiness information (MCAI) issued by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    Cracks on the stabilizer elevator inner hinges of seven L 23
SUPERBLAN[Iacute]K sailplanes have been detected during an
inspection.
    This condition, if not corrected, could result in no longer
retaining the elevator in place and in jamming of the Pilot's
elevator control system, and subsequent loss of elevator control.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective August 30, 2010.
    As of April 26, 2010 (75 FR 17295, April 6, 2010), the Director of
the Federal Register approved the incorporation by reference of
Aircraft Industries, a.s. Mandatory Bulletin MB No.: L23/052a, dated
March 2, 2010, listed in this AD.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the Docket Management Facility,
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: Greg Davison, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust,

Room 301, ACE-112, Kansas City, Missouri 64106; telephone: (816) 329-
4130; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on April 29, 2010 (75
FR 22543), and proposed to supersede AD 2010-08-01, Amendment 39-16256
(75 FR 17295; April 6, 2010). That NPRM proposed to correct an unsafe
condition for the specified products. The MCAI states that:

    Cracks on the stabilizer elevator inner hinges of seven L 23
SUPERBLAN[Iacute]K sailplanes have been detected during an
inspection.
    This condition, if not corrected, could result in no longer
retaining the elevator in place and in jamming of the Pilot's
elevator control system, and subsequent loss of elevator control.
    For the reasons stated above, this Emergency AD requires the
inspection of the elevator inner hinges, and the accomplishment of
the relevant corrective actions as necessary.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect 103 products of U.S. registry.
We also estimate that it will take about 2 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $17,510 or $170 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 4 work-hours and require parts costing $500, for a cost of
$840 per product. We have no way of determining the number of products
that may need these actions.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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 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); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-16256 (75 FR
17295; April 6, 2010) and adding the following new AD:

2010-15-05 Aircraft Industries a.s.: Amendment 39-16371; Docket No.
FAA-2010-0457; Directorate Identifier 2010-CE-019-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August
30, 2010.

Affected ADs

    (b) This AD supersedes AD 2010-08-01, Amendment 39-16256.

Applicability

    (c) This AD applies to Aircraft Industries a.s. Model L 23 Super
Blanik Gliders, all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 55:
Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Cracks on the stabilizer elevator inner hinges of seven L 23
SUPERBLAN[Iacute]K sailplanes have been detected during an
inspection.
    This condition, if not corrected, could result in no longer
retaining the elevator in place and in jamming of the Pilot's
elevator control system, and subsequent loss of elevator control.
    For the reasons stated above, this Emergency AD requires the
inspection of the elevator inner hinges, and the accomplishment of
the relevant corrective actions as necessary.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Before further flight as of April 6, 2010 (the effective
date of AD 2010-08-01), inspect the elevator inner hinges on the
stabilizer following paragraphs A.1., A.2., and A.4. of Aircraft
Industries, a.s. Mandatory Bulletin MB No.: L23/052a, dated March 2,
2010.
    (2) Repetitively thereafter at intervals not to exceed every
1,000 hours time-in-service, inspect the elevator inner hinges on
the stabilizer following paragraphs A.1., A.2., and A.4. of Aircraft
Industries, a.s. Mandatory Bulletin MB No.: L23/052a, dated March 2,
2010.
    (3) If, as a result of the inspection required by paragraph
(f)(1) or (f)(2) of this AD, you find any elevator inner hinge on
the elevator is cracked or damaged, before further flight, replace
it following paragraphs A.3. and A.4. of Aircraft Industries, a.s.
Mandatory Bulletin MB No.: L23/052a, dated March 2, 2010.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Greg Davison, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI EASA Emergency AD No.: 2010-0037-E, dated
March 8, 2010; and Aircraft Industries, a.s. Mandatory Bulletin MB
No.: L23/052a, dated March 2, 2010, for related information.

Material Incorporated by Reference

    (h) You must use Aircraft Industries, a.s. Mandatory Bulletin MB
No.: L23/052a, dated March 2, 2010, to do the actions required by
this AD, unless the AD specifies otherwise.
    (1) On April 26, 2010 (75 FR 17295, April 6, 2010), the Director
of the Federal Register previously approved the incorporation by
reference of Aircraft Industries, a.s. Mandatory Bulletin MB No.:
L23/052a, dated March 2, 2010.
    (2) For service information identified in this AD, contact
Aircraft Industries, a.s.-Naz[aacute]honech1177, 686 04 Kunovice,
Czech Republic; telephone: +420 572 817 660; fax: +420 572 816 112;
e-mail<EMAIL_ADDRESS>Internet: http://www.let.cz.
    (3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Kansas City, Missouri, on July 15, 2010.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010-18022 Filed 7-23-10; 8:45 am]
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