[Federal Register: December 10, 2007 (Volume 72, Number 236)]
[Rules and Regulations]
[Page 69601-69604]
[DOCID:fr10de07-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27257; Directorate Identifier 2006-NM-131-AD;
Amendment 39-15297; AD 2007-25-15]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A300 Series Airplanes and
Model A300-600 Series Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Model A300 series airplanes; and all Airbus Model A300-600
series airplanes. This AD requires inspecting to determine the part
number of the sliding rods of the main landing gear (MLG) retraction
actuators. For MLG retraction actuators equipped with

sliding rods having certain part numbers, the AD also requires
inspecting for discrepancies, including but not limited to cracking, of
the sliding rod; and performing corrective actions if necessary. This
AD also requires returning affected sliding rods to the manufacturer.
This AD results from a report of a failure of a sliding rod of the MLG
retraction actuator before the actuator reached the life limit
established by the manufacturer. We are issuing this AD to prevent
failure of the sliding rod of the MLG retraction actuator, which could
result in reduced structural integrity of the MLG.

DATES: This AD becomes effective January 14, 2008.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of January 14,
2008.

ADDRESSES: For service information identified in this AD, contact
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Management Facility

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document 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: Thomas Stafford, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1622; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a supplemental notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 to include an AD that would apply to all Airbus
Model A300-600 series airplanes. That supplemental NPRM was published
in the Federal Register on September 19, 2007 (72 FR 53489). That
supplemental NPRM proposed to require inspecting to determine the part
number of the sliding rods of the main landing gear (MLG) retraction
actuators. For MLG retraction actuators equipped with sliding rods
having certain part numbers, the supplemental NPRM also proposed to
require inspecting for discrepancies, including but not limited to
cracking, of the sliding rod; and performing corrective actions if
necessary. The supplemental NPRM also proposed to require returning
affected sliding rods to the manufacturer.

Comments

    We provided the public the opportunity to participate in the
development of this AD. No comments have been received on the
supplemental NPRM or on the determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed
in the supplemental NPRM.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators
to comply with this AD, at an average labor rate of $80 per work hour,
per inspection cycle.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
                  Action                    Work          Parts           Cost per     registered     Fleet cost
                                            hours                         airplane      airplanes
----------------------------------------------------------------------------------------------------------------
Inspection to determine part number......       1  None...............          $80             168      $13,440
Inspections for discrepancies............      11  None...............          880             168      147,840
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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 have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) 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. See the ADDRESSES
section for a location to examine the regulatory evaluation.

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by
adding the following new airworthiness directive (AD):

2007-25-15 Airbus: Amendment 39-15297. Docket No. FAA-2007-27257;
Directorate Identifier 2006-NM-131-AD.

Effective Date

    (a) This AD becomes effective January 14, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A300 series airplanes;
and all Airbus Model A300-600 series airplanes; certificated in any
category.

Unsafe Condition

    (d) This AD results from a report of a failure of a sliding rod
of the main landing gear (MLG) retraction actuator before the
actuator reached the life limit established by the manufacturer. We
are issuing this AD to prevent failure of the sliding rod of the MLG
retraction actuator, which could result in reduced structural
integrity of the MLG.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Service Bulletin Reference

    (f) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of the service bulletins identified in
paragraphs (f)(1) and (f)(2) of this AD, as applicable.
    (1) For Model A300 series airplanes: Airbus Service Bulletin
A300-32-0450, Revision 01, excluding Appendix 01, dated May 10,
2006.
    (2) For Model A300-600 series airplanes: Airbus Service Bulletin
A300-32-6097, Revision 01, excluding Appendix 01, dated May 10,
2006.

    Note 1: The Airbus service bulletins refer to Messier-Dowty
Special Inspection Service Bulletin 470-32-806, dated October 27,
2005, as an additional source of service information for performing
detailed and high-frequency eddy current (HFEC) inspections to
detect discrepancies of the sliding rod.

Inspection To Determine Part Number (P/N) of Sliding Rod

    (g) At the applicable time specified in paragraph (g)(1) or
(g)(2) of this AD, do a one-time inspection to determine the part
number of the sliding rod of the MLG retraction actuator, in
accordance with the applicable service bulletin. If no sliding rod
having P/N C69029-2 or C69029-3 is installed, no further action is
required by this paragraph. A review of airplane maintenance records
is acceptable in lieu of this inspection if the part number of the
sliding rod of the MLG retraction actuator can be conclusively
determined from that review.
    (1) For airplanes that have accumulated less than 27,000 total
flight cycles on the MLG retraction actuator as of the effective
date of this AD: After accumulating total 27,000 flight cycles on
the MLG retraction actuator, do the inspection within the next 1,000
flight cycles or 12 months, whichever occurs first.
    (2) For airplanes that have accumulated 27,000 or more total
flight cycles on the MLG retraction actuator as of the effective
date of this AD: Do the inspection within 1,000 flight cycles or 12
months, whichever occurs first, after the effective date of this AD.

Inspection for Discrepancies of Sliding Rod and Corrective Actions

    (h) For MLG retraction actuators equipped with sliding rods
having P/N C69029-2 or C69029-3: At the applicable time specified in
paragraph (h)(1) or (h)(2) of this AD, perform detailed and HFEC
inspections of the sliding rod of the MLG retraction actuators on
the left-hand and right-hand MLGs, in accordance with the applicable
service bulletin. Then, before further flight, perform all
applicable corrective actions, in accordance with the applicable
service bulletin.
    (1) For airplanes that have accumulated less than 27,000 total
flight cycles on the MLG retraction actuator as of the effective
date of this AD: After accumulating 27,000 total flight cycles on
the MLG retraction actuator, do the inspections within the next
1,000 flight cycles or 12 months, whichever occurs first.
    (2) For airplanes that have accumulated 27,000 or more total
flight cycles on the MLG retraction actuator as of the effective
date of this AD: Do the inspections within 1,000 flight cycles or 12
months, whichever occurs first, after the effective date of this AD.

    Note 2: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''

    Note 3: Operators should note that the MLG retraction actuator
rod must be replaced with a new or serviceable actuator rod before
the 32,000-flight-cycle life limit specified in the applicable
airworthiness limitations document, regardless of the inspection
findings.

Return of MLG Retraction Actuator Sliding Rod

    (i) For airplanes having any retraction actuator sliding rods
specified in paragraphs (i)(1) and (i)(2) of this AD: After the
effective date of this AD, for the first replacement of the
retraction actuator sliding rod, return the retraction actuator
sliding rod to Messier-Dowty, SA Product Support Engineering, BP10--
78142 Velizy Cedex, France, within 30 days after the retraction
actuator sliding rod is removed from the airplane.
    (1) Any retraction actuator sliding rod that is found to have
cracking during the actions specified in paragraph (h) of this AD.
    (2) Any retraction actuator sliding rod, P/N C69029-2 or C69029-
3, removed that has accumulated between 27,000 total flight cycles
and 32,000 total flight cycles.

Parts Installation for MLG Retraction Actuator Rod

    (j) As of the effective date of this AD, no person may install,
on any airplane, an MLG retraction actuator that is equipped with a
sliding rod having P/N C69029-2 or C69029-3, and on which the
retraction actuator rod has accumulated 27,000 total flight cycles
or more, unless paragraph (h) of this AD is accomplished.
    (k) As of the effective date of this AD, any MLG retraction
actuator that is equipped with a sliding rod having P/N C69029-2 or
C69029-3, and on which the retraction actuator rod has accumulated
less than 27,000 total flight cycles, may be installed, on any
airplane, provided that the inspections specified in paragraph (h)
of this AD are accomplished at the time specified in paragraph
(h)(1) of this AD.

Actions Accomplished According to a Previous Issue of the Service
Bulletins

    (l) Inspections and corrective actions done before the effective
date of this AD in accordance with the following service bulletins
are acceptable for compliance with the corresponding requirements of
this AD:
    (1) For Model A300 series airplanes: Airbus Service Bulletin
A300-32-0450, excluding Appendix 01, dated December 1, 2005.
    (2) For Model A300-600 series airplanes: Airbus Service Bulletin
A300-32-6097, excluding Appendix 01, dated December 1, 2005.

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
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.

Related Information

    (n) European Aviation Safety Agency airworthiness directive
2006-0075R2, dated January 4, 2007, also addresses the subject of
this AD.

Material Incorporated by Reference

    (o) You must use Airbus Service Bulletin A300-32-0450, Revision
01, excluding Appendix 01, dated May 10, 2006; or Airbus Service
Bulletin A300-32-6097, Revision 01, excluding Appendix 01, dated May
10, 2006; as applicable, to perform the actions that are required by
this AD, unless the AD specifies otherwise. The Director of the
Federal Register approved the incorporation by reference of these
documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex,
France, for a copy of this service information. You may review
copies at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356;
or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.

    Issued in Renton, Washington, on November 29, 2007.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E7-23673 Filed 12-7-07; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Notices]
[Page 64392-64394]
[DOCID:fr29oc08-104]

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SECURITIES AND EXCHANGE COMMISSION

Release No. 34-58834; File No. SR-NYSE-2008-93]

Self-Regulatory Organizations; The New York Stock Exchange LLC;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change to Temporarily Suspend the Operation of NYSE Rule 123D(3)
to Respond to Market Conditions for Thornburg Mortgage, Inc. (TMA) on
September 29, 2008

October 23, 2008.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 10, 2008, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. This order provides notice of the proposed rule change
and approves the proposed rule change on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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

    The Exchange proposes to temporarily suspend the operation of NYSE
Rule 123D(3) to respond to market conditions for Thornburg Mortgage,
Inc. (TMA) on September 29, 2008.
    The text of the proposed rule change is available at the Exchange,
http://www.nyse.com, and the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing to temporarily suspend the operation of
NYSE Rule 123D(3) with respect to the opening transactions on September
29, 2008, in the common stock and preferred Series E of Thornburg
Mortgage, Inc. (``Thornburg''), a NYSE-listed company (TMA).

Background

    Thornburg is a single-family residential mortgage lender that
originates, acquires, and retains investments in adjustable-rate and
variable-rate mortgage assets. On September 26, 2008, the common stock
of TMA underwent a one-for-10 reverse stock split pursuant to which
every ten shares of common stock were combined into one share of new
common stock. As part of the stock split, TMA issued new stock
certificates representing the new issue.\4\ Generally, reverse stock
splits are intended to increase the value of the common stock of a
company.
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    \4\ See Thornburg Mortgage, Inc., Form 8-K (Sept. 26, 2008).
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    Because Thornburg issued new stock certificates, the Exchange
considers the trading of TMA on September 29, 2008 to be a new issue,
notwithstanding prior trading in the stock.\5\ Accordingly, in
anticipation of TMA trading at the Exchange on September 29, 2008, the
Exchange received multiple orders for TMA to participate in the opening
transaction.
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    \5\ TMA has been the subject of a Sub-penny trading condition at
the Exchange and closed Friday, September 26, 2008 at $0.28 in away
markets.
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    To ensure a fair and orderly market, and in particular, to ensure
that orders in TMA that have been submitted to the Exchange get
executed, the Exchange is proposing to suspend the operation of NYSE
Rule 123D(3) on September 29, 2008 for Thornburg's common stock and the
Preferred Series E (``TMA securities'') \6\ that would open at a price
of $1.05 or less. This proposed suspension relates only to the opening
transactions of TMA securities on September 29, 2008. Immediately
following the opening of such securities, the Exchange intends to halt
trading of TMA securities pursuant to NYSE Rule 123D(3) and invoke a
Sub-penny trading condition.
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    \6\ See TMA and TMA-PE.

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NYSE Rule 123D(3)

Sub-penny Trading Condition

    NYSE Rule 123D(3) provides that if a security would open on the
Exchange at a price of $1.05 or less, trading on the Exchange shall be
immediately halted because of a ``Sub-penny trading'' condition. The
Exchange adopted Rule 123D(3) in part to be compliant with Regulation
NMS.
    Regulation NMS, adopted by the Securities and Exchange Commission
(``SEC'') in April 2005,\7\ provides that each trading center intending
to qualify for trade-through protection under Regulation NMS Rule 611
\8\ is required to have a Regulation NMS-compliant trading system fully
operational by March 5, 2007 (the ``Trading Phase Date'').\9\
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    \7\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 17 CFR parts 200, 201, 230, 240, 242, 249 and 270.
    \8\ See 17 CFR 242.611.
    \9\ See Securities Exchange Act Release No. 55160 (January 24,
2007), 72 FR 4202 (January 30, 2007)(S7-10-04).
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    For stocks priced below $1.00 per share, Regulation NMS Rule 612
\10\ permits markets to accept bids, offers, orders and indications of
interest in increments smaller than a $0.01, but not less than $0.0001,
and to quote and trade such stocks in sub-pennies. Markets may choose
not to accept such bids, offers, orders or indications of interest and
the NYSE has done so, maintaining a minimum trading and quoting
variation of $0.01 for all securities trading below $100,000. See NYSE
Rule 62.
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    \10\ See 17 CFR 242.612. Rule 612 originally was to become
effective on August 29, 2005, but the date was later extended to
January 29, 2006. See Securities Exchange Act Release No. 52196
(Aug. 2, 2005), 70 FR 45529 (Aug. 8, 2005).
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    The Commission's interpretation of Rule 612 requires a market that
routes an order to another market in compliance with Rule 611 and
receives a sub-penny execution, to accept the sub-penny execution,
report that execution to the customer, and compare, clear, and settle
that trade. Failure to do so constitutes a violation of Rule 611's
Order Protection Rule. However, pursuant to Rule 611(b)(3) of
Regulation NMS,\11\ transactions that constitute a single-priced
opening, reopening, or closing transaction by a trading center are
excepted from the Order Protection Rule. Accordingly, a sub-penny
execution at the opening that trades through another market center does
not constitute a violation of Regulation NMS Rule 611's Order
Protection Rule.
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    \11\ See 17 CFR 242.611(b)(3).
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    The Exchange adopted Rule 123D(3) to provide for a ``Sub-penny
trading'' condition because the Exchange's trading systems did not then
accommodate sub-penny executions on orders routed to better-priced
protected quotations, nor could it recognize a quote disseminated by
another market center if such quote had a sub-penny component and,
therefore, could have inadvertently traded through better protected
quotations. The rule requires the Exchange to halt trading in a
security whose price was about to fall below $1.00, without delisting
the security, so that the security could continue to trade on other
markets that deal in bids, offers, orders or indications of interest in
sub-penny prices, until the price of the security had recovered
sufficiently to permit the Exchange to resume trading in minimum
increments of no less than one penny or the issuer is delisted for
failing to correct the price condition within the time provided under
NYSE rules.\12\
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    \12\ See Securities and Exchange Commission Release No. 34-
55398; File No. SR-NYSE-2007-25 (Mar. 5, 2007).
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    A subsequent amendment established that any orders received by the
NYSE in a security subject to a ``Sub-penny trading'' condition would
be routed to NYSE Arca, Inc. (``NYSE Arca'') and handled in accordance
with the rules governing that market.\13\ When a ``Sub-penny trading''
condition is invoked, all open limit orders in such security at the
Exchange will be cancelled and will not be routed to NYSE Arca.
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    \13\ See Securities and Exchange Commission Release No. 34-
55537; File No. SR-NYSE-2007-30 (Mar. 27, 2007).
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Proposed Suspension of Rule 123D(3) for TMA Securities

    Because of reverse stock split in the common stock of Thornburg on
September 26, 2008, the Exchange considered trading in that security on
September 29, 2008 as a new issue. Accordingly, prior to the opening,
the Exchange received pre-opening orders in the common stock. The
Exchange also received pre-opening orders in the Preferred Series E of
Thornburg. If the Exchange were to invoke a ``Sub-penny trading''
condition for those securities prior to the opening, such orders would
be cancelled and would not be routed to NYSE Arca. Therefore, such
orders would not be executed, potentially harming the investing public
that routed such orders to the Exchange before the Exchange's
announcement of a sub-penny trading halt.
    The Exchange notes that while such an opening transaction would be
a violation of NYSE Rule 123D(3), an execution at a sub-penny price at
the opening at the Exchange would not be a violation of Regulation NMS.
Accordingly, because a sub-penny execution at the opening would not
constitute a violation of the Regulation NMS Rule 611 Order Protection
Rule, the Exchange believes that the harm to the investing public in
not having their orders in TMA securities executed at the opening
outweighs any harm that may result from a violation of NYSE Rule
123D(3). The Exchange therefore proposes a one-day suspension of the
operation of NYSE Rule 123D(3) that would be in effect only for the
opening transactions of TMA securities on September 29, 2008.
    After trading in TMA securities opened at the Exchange, the
Exchange halted any further trading in TMA securities and invoked a
``Sub-penny trading'' condition for such securities.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \14\ of
the Act, in general, and furthers the objectives of Section 6(b)(5)
\15\ in particular in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    No written comments were solicited or received with respect to the
proposed rule change.

III. 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-NYSE-2008-93 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NYSE-2008-93. 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 inspection
and copying 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 offices 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-NYSE-2008-93 and should be
submitted on or before November 19, 2008.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of Section 6 of the Act and
the rules and regulations thereunder applicable to a national
securities exchange.\16\ In particular, the Commission finds that the
proposed rule change is consistent with Section 6(b)(5) of the Act,\17\
which requires that an exchange have rules designed, among other
things, to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.
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    \16\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \17\ 15 U.S.C. 78f(b)(5).
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    The Exchange previously filed this rule proposal on September 29,
2008 for immediate effectiveness pursuant to Section 19(b)(3)(A) \18\
of the Act and Rule 19b-4(f)(6) \19\ thereunder; however the proposed
rule change was rejected for technical, non-substantive reasons. In
that prior rule filing, the Exchange noted that the proposal should be
effective on September 29, 2008 because of the immediate nature of the
relief requested. Specifically, the Exchange received pre-opening
orders of TMA securities in response to the reverse stock split, which
did not have the intended consequences. Instead, pre-opening interest
was below $0.70. By temporarily suspending operation of Rule 123D(3)
for opening transactions of TMA securities on September 29, 2008, the
Exchange was able to execute the pre-opening orders it received in TMA
securities.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    As noted above, the Exchange previously submitted a proposed rule
change for immediate effectiveness on September 29, 2008 that was
rejected by the Commission for technical non-substantive reasons. The
Commission is granting accelerated approval of this proposed rule
change on a retroactive basis to September 29, 2008. The Commission
finds good cause for approving this proposal before the thirtieth day
after the date of publication of notice of this filing in the Federal
Register.

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\20\ that the proposed rule change (SR-NYSE-2008-93) be, and it
hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-25809 Filed 10-28-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: April 27, 2010 (Volume 75, Number 80)]
[Notices]
[Page 22151-22152]
[DOCID:fr27ap10-77]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2010-0303]

National Maritime Security Advisory Committee; Vacancies

AGENCY: Coast Guard, DHS.

ACTION: Request for applications.

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

SUMMARY: The Coast Guard seeks applications for membership on the
National Maritime Security Advisory Committee (NMSAC). This Committee
advises and makes recommendations on national maritime security matters
to the Secretary of Homeland Security via the Commandant of the United
States Coast Guard.

DATES: Completed application forms should reach us on or before May 31,
2010.

ADDRESSES: Interested candidates may request an application form by one
of the following methods:
     E-mail<EMAIL_ADDRESS>Subject line: NMSAC Application
Form Request.
     Fax:<PHONE_NUMBER>, ATTN: NMSAC DFO/EA, please provide
name, mailing address and telephone and fax numbers to send application
forms to.
     Mail: Send written requests for forms and completed
application packets to: USCG-NMSAC Designated Federal Officer, CG-5441,
Room 5302, U.S. Coast Guard Headquarters, 2100 Second St., SW., Stop
7581, Washington, DC 20593-7581, please provide name, mailing address
and telephone and fax numbers to send application forms to.
     Internet: To download a PDF or MS-Word application form
visit NMSAC Web site at http://www.homeport.uscg.mil under
Missions>Maritime Security>National Maritime Security Advisory
Committee>Member Application Forms.

FOR FURTHER INFORMATION CONTACT: Mr. Ryan Owens, Commandant (CG-5441),
NMSAC Assistant Designated Federal Officer, U.S. Coast Guard
Headquarters, 2100 Second St., SW., Stop 7581, Washington, DC 20593-
7581<EMAIL_ADDRESS>Phone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NMSAC is an advisory committee
established in accordance with the provisions of the Federal Advisory
Committee Act (FACA) 5 U.S.C. (Pub. L. 92-463). The NMSAC advises,
consults with, reports to, and makes recommendations to the Secretary
on matters relating to national maritime security. Such matters may
include, but are not limited to:
     Developing a national strategy and policy to provide for
efficient, coordinated and effective action to deter and minimize
damage from maritime transportation security incidents;
     Recommending actions required to meet current and future
security threats to ports, vessels, facilities, waterways and their
associated inter-modal transportation connections and critical
infrastructure;
     Promoting international cooperation and multilateral
solutions to maritime security issues;
     Addressing security issues and concerns brought to the
Committee by segments of the marine transportation industry, or other
port and waterway stakeholders, and;
     Examining such other matters, related to those listed
above, that the Secretary may charge the Committee with addressing.
    The full Committee normally meets at least two to three times per
fiscal year. Working group meetings and teleconferences are held more
frequently, as needed. It may also meet for extraordinary purposes.
    We will consider applications for seven positions that expired or
became vacant January 1, 2010. Current members are eligible to serve an
additional term of office but must re-apply in accordance with this
notice. Applicants with experience in one or more of the following
sectors of the marine transportation industry with a minimum of five
years experience in their field are encouraged to apply:
     Port Operations Management/Port Authorities.
     Maritime Security Operations and Training.
     Marine Salvage Operations.
     Maritime Security Related Academics/Public Policy.
     Marine Facilities and Terminals Security Management.
     Vessel Owners/Operators.
     Maritime Labor.
     International and Inter-modal Supply Chain.
     Maritime Hazardous Materials Handling/Shipping.
     State and Local Government (Homeland Security, Law
Enforcement, First Response).
    Registered lobbyists are not eligible to serve on Federal Advisory
Committees. Registered lobbyists are lobbyists required to comply with
provisions contained in the Lobbying Disclosure Act of 1995 (Pub. L.
110-81, as amended). Each member serves for a term of three years.
Members may serve consecutive terms. All members serve at

their own expense and receive no salary. While attending meetings or
when otherwise engaged in committee business, members will be
reimbursed for travel and per diem expenses as permitted under
applicable Federal travel regulations.
    In support of the policy of the Coast Guard on gender and ethnic
nondiscrimination, we encourage qualified men and women and members of
all racial and ethnic groups to apply. The Coast Guard values
diversity; all the different characteristics and attributes of persons
that enhance the mission of the Coast Guard.
    If you are selected as a non-representative member, or as a member
who represents the general public, you will be appointed and serve as a
Special Government Employee (SGE) as defined in section 202(a) of title
18, United States Code. As a candidate for appointment as an SGE,
applicants are required to complete a Confidential Financial Disclosure
Report (OGE Form 450). A completed OGE Form 450 is not releasable to
the public except under an order issued by a Federal court or as
otherwise provided under the Privacy Act (5 U.S.C. 552a). Only the
Designated Agency Ethics Official (DAEO) or the DAEO's designate may
release a Confidential Financial Disclosure Report.
    If you are interested in applying to become a member of the
Committee, send a completed application to CAPT Kevin C. Kiefer,
Designated Federal Officer (DFO) of the National Maritime Security
Advisory Committee. Send the application in time for it to be received
by the DFO on or before May 31, 2010.
    A copy of the application form is available in the docket for this
notice. To visit our online docket, go to http://www.regulations.gov,
enter the docket number for this notice (USCG-2010-0303) in the Search
box, and click ``Go >>.''

    Dated: April 21, 2010.
K.C. Kiefer,
Captain, U.S. Coast Guard, Office of Port and Facility Activities.
[FR Doc. 2010-9683 Filed 4-26-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Rules and Regulations]
[Pages 68894-68896]
[FR Doc No: 2021-26394]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0722; Project Identifier MCAI-2021-00329-T;
Amendment 39-21813; AD 2021-23-15]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes; Model A320-211, -212, -214, -216, -231, -232, and -
233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes. This AD was prompted by a report that during re-
engineering of galley G5, a 9G forward full scale qualification test
was performed, and the door of the waste compartment opened before the
required load was reached. This AD requires modifying the waste
compartment door of each affected galley, as specified in a European
Aviation Safety Agency (EASA) AD, which is incorporated by reference
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective January 10, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 10,
2022.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0722.
    For Zodiac Galleys Europe and Safran service information identified
in this AD, contact Safran Cabin CZ s.r.o., Univerzitni 1119/34, 301 00
Plzen, Czech Republic; telephone: +420 377

664 111; internet https://www.safran-group.com/companies/safran-cabin.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0722; 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, the
mandatory continuing airworthiness information (MCAI), 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: Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0255, dated November 27, 2018
(EASA AD 2018-0255) (also referred to as the MCAI), to correct an
unsafe condition for certain Airbus SAS Model A319-111, -112, -113, -
114, -115, -131, -132, and -133 airplanes; Model A320-211, -212, -214,
-215, -216, -231, -232, and -233 airplanes; and Model A321-111, -112, -
131, -211, -212, -213, -231, and -232 airplanes. Model A320-215
airplanes are not certificated by the FAA and are not included on the
U.S. type certificate data sheet; this AD therefore does not include
those airplanes in the applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes;
Model A320-211, -212, -214, -215, -216, -231, -232, and -233 airplanes;
and Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes. The NPRM published in the Federal Register on September 1,
2021 (86 FR 48919). The NPRM was prompted by a report that during re-
engineering of galley G5, a 9G forward full scale qualification test
was performed, and the door of the waste compartment opened before the
required load was reached. The NPRM proposed to require modifying the
waste compartment door of each affected galley, as specified in EASA AD
2018-0255.
    The FAA is issuing this AD to address failure of the galley door
and release of trolleys during a rejected take-off or an emergency
landing, which could result in injury to occupants. See the MCAI for
additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    EASA AD 2018-0255 describes procedures for modifying the waste
compartment door of each affected galley. The modification includes
installing a door catch bracket and a new striker.
    Safran has issued Zodiac Galleys Europe Service Bulletin 213510-25-
001, Revision B, dated January 28, 2018; Zodiac Galleys Europe Service
Bulletin 213510-25-001, Revision C, dated May 24, 2018; and Safran
Service Bulletin 213510-25-001, Revision D, dated August 15, 2019. This
service information describes procedures for modifying the waste
compartment door of each affected galley by installing a door catch
bracket and striker. These documents are distinct because they contain
revised instructions and figures.
    This material 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.

Costs of Compliance

    The FAA estimates that this AD affects 141 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425...........................              $0             $425          $59,925
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators. The FAA does not control warranty coverage for
affected operators. As a result, the FAA has included all known costs
in the 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.
    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:

2021-23-15 Airbus SAS: Amendment 39-21813; Docket No. FAA-2021-0722;
Project Identifier MCAI-2021-00329-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 10, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A319-111, -112, -113, -114,
-115, -131, -132, and -133 airplanes; Model A320-211, -212, -214, -
216, -231, -232, and -233 airplanes; and Model A321-111, -112, -131,
-211, -212, -213, -231, and -232 airplanes; certificated in any
category; as identified in European Aviation Safety Agency (EASA) AD
2018-0255, dated November 27, 2018 (EASA AD 2018-0255).

(d) Subject

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

(e) Reason

    This AD was prompted by a report that during re-engineering of
galley G5, a 9G forward full scale qualification test was performed,
and the door of the waste compartment opened before the required
load was reached. The FAA is issuing this AD to address failure of
the galley door and release of trolleys during a rejected take-off
or an emergency landing, which could result in injury to occupants
and damage to the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2018-0255.

(h) Exceptions to EASA AD 2018-0255

    (1) Where EASA AD 2018-0255 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2018-0255 does not apply
to this AD.

(h) Clarification of Required Service Information

    Where Paragraph (1) of EASA AD 2018-0255 requires using, among
other service information, ``Zodiac Galleys Europe SB 213510-25-001
rev. B,'' this AD requires using ``Zodiac Galleys Europe Service
Bulletin 213510-25-001, Revision B, dated January 28, 2018; or
Zodiac Galleys Europe Service Bulletin 213510-25-001, Revision C,
dated May 24, 2018; or Safran Service Bulletin 213510-25-001,
Revision D, dated August 15, 2019.''

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (j) of this
AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2018-0255 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests 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 procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(j) Related Information

    For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Aviation Safety Agency (EASA) AD 2018-0255, dated
November 27, 2018.
    (ii) Zodiac Galleys Europe Service Bulletin 213510-25-001,
Revision B, dated January 28, 2018.
    (iii) Zodiac Galleys Europe Service Bulletin 213510-25-001,
Revision C, dated May 24, 2018.
    (iv) Safran Service Bulletin 213510-25-001, Revision D, dated
August 15, 2019.
    (3) For EASA AD 2018-0255, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) For Zodiac Galleys Europe and Safran service information
identified in this AD, contact Safran Cabin CZ s.r.o., Univerzitni
1119/34, 301 00 Plzen, Czech Republic; telephone: +420 377 664 111;
internet https://www.safran-group.com/companies/safran-cabin.
    (5) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (6) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 2, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-26394 Filed 12-3-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Proposed Rules]
[Pages 19007-19008]
[FR Doc No: 2017-08240]

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

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

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

Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0209; Airspace Docket No. 17-AGL-9]

Proposed Revocation of Class E Airspace; Eaton Rapids, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to remove Class E airspace extending
upward from 700 feet above the surface at Skyway Estates Airport, Eaton
Rapids, MI. The cancellation of the standard instrument approach
procedures at the airport has resulted in the airspace no longer being
required.

DATES: Comments must be received on or before June 9, 2017.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone
(202) 366-9826, or 1-800-647-5527. You must identify FAA Docket No.
FAA-2017-0209; Airspace Docket No. 17-AGL-9, at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays.
    FAA Order 7400.11A, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would remove Class E airspace extending upward from 700 feet
above the surface at Skyway Estates Airport, Eaton Rapids, MI.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2016-0209/
Airspace Docket No. 17-AGL-9.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.11A, Airspace
Designations and Reporting Points, dated August 3, 2016, and effective
September 15, 2016. FAA Order 7400.11A is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11A lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by removing Class E airspace extending
upward from 700 feet above the surface at Skyway Estates Airport, Eaton
Rapids, MI.
    Airspace reconfiguration is necessary due to the cancellation of
the standard instrument approach procedures at the airport as the
airspace is no longer being required in compliance with FAA Order

JO 7400.2K, Procedures for Handling Airspace Matters.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11A, dated August 3, 2016, and effective September 15,
2016, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
 2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.11A, Airspace Designations and Reporting Points, dated August 3,
2016, and effective September 15, 2016, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL MI E5 Eaton Rapids, MI [Removed]

    Issued in Fort Worth, Texas, on April 17, 2017.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2017-08240 Filed 4-24-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Rules and Regulations]
[Pages 54578-54580]
[FR Doc No: 2013-21514]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0641]
RIN 1625-AA00

Safety Zone, Tiki Swim; Oceanside Harbor, Oceanside, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of Oceanside Harbor in Oceanside, California for the 2013
Oceanside Tiki Swim on the morning of September 29, 2013. This
temporary safety zone is necessary to provide for the safety of the
participants, crew, spectators, participating vessels, and other
vessels and users of the waterway. Persons and vessels are prohibited
from entering into, transiting through, or anchoring within this safety
zone unless authorized by the Captain of the Port or his designated
representative.

DATES: This rule is effective from 6 a.m. to 11 a.m. on September 29,
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0641]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Bryan Gollogly, Waterways Management, U.S.
Coast Guard Sector San Diego, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment. Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register because it is
impractical and contrary to the public interest. The Coast Guard did
not have the necessary event information in time to provide both a
comment period and allow for a 30 day delayed effective date. Immediate
action is required to ensure the safety zone is in place to protect
participants, crew, spectators, participating vessels, and other
vessels and users of the waterway during the event.

B. Basis and Purpose

    The legal basis for this temporary rule is the Ports and Waterways
Safety Act which authorizes the Coast Guard to establish safety zones
(33 U.S.C sections 1221 et seq.). The Coast Guard is establishing a
temporary safety zone on the navigable waters of the Oceanside Harbor
for a swim event that is part of the annual Oceanside Harbor ``Harbor
Days'' festival. This safety zone is necessary to provide for the
safety of the swimmer participants, crew, spectators, sponsor vessels,
and other users of the waterway. The event will consist of 350
participants who will swim in either two courses. The first course is
from the Oceanside Pier, outside of Oceanside Harbor to the public boat
launch within Oceanside Harbor. The second course will depart from the
city beach adjacent to the Oceanside Harbor and proceed to the public
boat launch within the Oceanside Harbor. A safety zone is established
for harbor portion only and will assist with vessel traffic management
and keeping vessel traffic away from the event participants.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard is proposing a temporary safety zone that will be
enforced from 6 a.m. to 11 a.m. on Sunday, September 29, 2013. The
safety zone includes the waters of Oceanside Harbor encompassed by
drawing a line from point to point along the following coordinates:

33[deg]12'21.5'' N, 117[deg]23'58.6'' W;
33[deg]12'21.1'' N, 117[deg]24'04.0'' W;
33[deg]12'29.5'' N, 117[deg]24'06.1'' W;
33[deg]12'31.5'' N, 117[deg]23'45.1'' W;
33[deg]12'23.1'' N, 117[deg]23'32.8'' W;
33[deg]12'20.9'' N, 117[deg]23'35.9'' W.
    This safety zone is necessary to ensure unauthorized personnel and
vessels remain safe by keeping clear during the swimming event within
the Oceanside Harbor entrance and main channel. Persons and vessels are
prohibited from entering into, transiting through, or anchoring within
this safety zone unless authorized by the Captain of the Port, or his
designated representative.
    Before the effective period, the Coast Guard will publish a Coast
Guard District Eleven Local Notice to Mariners information on the event
and associated safety zone. Immediately before and during the swimming
event, Coast Guard Sector San Diego Joint Harbor Operations Center will
issue Broadcast Notice to Mariners on the location and enforcement of
the safety zone.
    Vessels will be able to transit the surrounding area and may be
authorized to transit through the safety zone with the permission of
the Captain of the Port of the designated representative. Before
activating the zones, the Coast Guard will notify mariners by
appropriate means including but not limited to Local Notice to Mariners
and Broadcast Notice to Mariners.

D. 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.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This determination is
based on the size, duration and location of the safety zone. The safety
zone is relatively small in size, less than half a mile across, short
in duration, 45 minutes long, and traffic would be allowed to pass
through the zone with the permission of the Captain of the Port.
Additionally, before the effective period, the Coast Guard will publish
a Local Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    (1) This rule will affect the following entities, some of which may
be small entities: The owners and operators of pleasure craft engaged
in recreational activities and sightseeing in the impacted portion of
Oceanside Harbor on the morning of September 29, 2013.
    (2) This safety zone will not have a significant economic impact on
a substantial number of small entities for the following reasons: The
safety zone will only be in effect for less than five hours in the
morning when vessel traffic is low. Vessel traffic can safely transit
around the safety zone while the zone is in effect.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's

responsiveness to small business. If you wish to comment on actions by
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T11-592 to read as follows:

Sec.  165.T11-592  Safety Zone; Tiki Swim; Oceanside Harbor, Oceanside,
CA.

    (a) Location. The limits of this temporary safety zone are the
waters of Oceanside Harbor encompassed by drawing a line from point to
point along the following coordinates:

33[deg]12'21.5'' N, 117[deg]23'58.6'' W;
33[deg]12'21.1'' N, 117[deg]24'04.0'' W;
33[deg]12'29.5'' N, 117[deg]24'06.1'' W;
33[deg]12'31.5'' N, 117[deg]23'45.1'' W;
33[deg]12'23.1'' N, 117[deg]23'32.8'' W;
33[deg]12'20.9'' N, 117[deg]23'35.9'' W.
    (b) Enforcement Period. This safety zone will be enforced from 6
a.m. to 11 a.m. on September 29, 2013.
    (c) Definitions. The following definition applies to this section:
designated representative means any commissioned, warrant, or petty
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
local, state, or federal law enforcement vessels who have been
authorized to act on the behalf of the Captain of the Port.
    (d) Regulations.
    (1) In accordance with general regulations in 33 CFR Part 165,
Subpart C, entry into, transit through or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port of San
Diego or his designated representative.
    (2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the on scene designated
Patrol Commander or Coast Guard Sector San Diego Joint Harbor
Operations Center via VHF-FM Channel 16.
    (3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
    (4) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: August 20, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-21514 Filed 9-4-13; 8:45 am]
BILLING CODE 9110-04-P