[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Proposed Rules]
[Pages 63136-63139]
[FR Doc No: 2013-24319]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0562]
RIN 1625-AA09

Drawbridge Operation Regulation; Inner Harbor Navigational Canal,
New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedules
that govern the US 90 (Danzinger) Bridge across the Inner Harbor
Navigational Canal (IHNC), mile 3.1 and the Senator Ted Hickey (Leon C.
Simon Blvd./Seabrook) bridge across the IHNC, mile 4.6, both at New
Orleans, LA. This proposed change would allow for the safe navigation
of vessels while reflecting the low volume of vessel traffic through
the bridges thereby increasing efficiency of operations. The proposed
change would allow the bridges to operate in a manner that would align
the two operating schedules so the bridge owner would be able to use
the same bridge crew personnel to operate both bridges with little to
no effect on navigation through the bridges.

DATES: Comments and related material must reach the Coast Guard on or
before December 23, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0562 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email the Coast Guard; Mr. Jim Wetherington telephone
504-671-2128, emails<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

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
GIWW Gulf Intracoastal Waterway
LDOTD Louisiana Department of Transportation and Development
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Public Participation and Request for Comments

    We encourage you to participate in this proposed rulemaking by
submitting comments and related materials. All comments received will
be posted, without change to http://www.regulations.gov and will
include any personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
proposed rulemaking (USCG-2013-0562), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online (http://www.regulations.gov), or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via http://

www.regulations.gov, it will be considered received by the Coast Guard
when you successfully transmit the comment. If you fax, hand deliver,
or mail your comment, it will be considered as having been received by
the Coast Guard when it is received at the Docket Management Facility.
We recommend that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that we can
contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2013-0562] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit them by mail
and would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2013-0562) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The US 90 (Danzinger) Bridge, mile 3.1, has a current operating
schedule under 33 CFR 117.458(b). The bridge shall open on signal;
except that from 8 p.m. to 7 a.m. the draw shall open on signal if at
least four hours notice is given, and the draw need not be opened from
7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday. The
Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) Bridge has a current
operating schedule under 33 CFR 117.458(c). The bridge will open on
signal at all times but is allowed to remain closed from 7 a.m. to 8:30
a.m. and 5 p.m. to 6:30 p.m. Monday through Friday. Louisiana
Department of Transportation and Development (LDOTD) (representing the
New Orleans Levee District which is the bridge owner) has requested to
change the notice required for opening the US 90 (Danzinger) Bridge to
two hours notice 24 hours a day; except that the draw need not be
opened from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through
Friday. LDOTD would also like to change the required opening for the
Senator Ted Hickey bridge to on signal from 8 a.m. through 8 p.m., open
on signal if two hours notice is given from 8 p.m. through 8 a.m. and
that the draw need not be opened from 7 a.m. to 8:30 a.m. and 5 p.m. to
6:30 p.m. Monday through Friday.
    LDOTD initiated this request without prior consultation of waterway
users, but did consult with the Coast Guard Eighth District Coastal
Region Bridge Branch (dpb) in New Orleans for guidance on how to comply
with the requirements of 33 CFR part 117.8. There were no previous
regulatory publications or public notices announcing this proposed
rule. However, the Coast Guard decided that a test deviation would run
in conjunction with the notice of proposed rulemaking (NPRM) to ensure
that there were no major concerns on the part of the waterway users.
The test deviation will run for thirty days in the middle of the NPRM
comment period; from fifteen days after the NPRM comment period begins
until fifteen days before it ends. The docket number for the test
deviation is also USCG-2013-0562. Comments are encouraged.

C. Basis and Purpose

    LDOTD, on behalf of the Orleans Levee District, has requested to
modify the operating regulations of the U.S. 90 (Danziger) and the
Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) bridges on the Inner
Harbor Navigational Canal (IHNC) past the Gulf Intracoastal Waterway
(GIWW). The proposed change would allow LDOTD to operate these two
bridges with the same personnel, thereby increasing the overall
efficiency of operations on these bridges and ultimately reducing
overall operational costs while allowing for improved transit through
these bridges. This section of the IHNC is not on the GIWW and
therefore has far fewer opening requests than the GIWW bridges do. The
Danzinger Bridge averaged nine openings a month, for vessel traffic, in
the last year. The Senator Ted Hickey Bridge averaged 32 openings per
month, for vessel traffic, in the last year. This regulatory change
would allow for a minimal amount of personnel to work this section of
the IHNC while still enabling efficient marine commerce in the area.
These proposed changes would also align the two bridges' operating
regulations to simplify the planning and use of these bridges by the
waterway users.
    The US 90 (Danzinger) Bridge across the IHNC, mile 3.1, at New
Orleans, Orleans Parish, Louisiana is a vertical lift bridge with a
vertical clearance of 50 feet above Mean High Water (MHW), elevation
5.0 Mean Sea Level (MSL), in the closed-to-navigation position and 120
feet MHW, elevation 5.0 MSL, in the open-to-navigation position. The
Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) Bridge across the
IHNC, mile 4.6, at New Orleans, Orleans Parish, Louisiana is a bascule
bridge with a vertical clearance of 46 feet above Mean High Water
(MHW), elevation 5.0 Mean Sea Level (MSL), in the closed-to-navigation
position and unlimited in the open-to-navigation position.

D. Discussion of Proposed Rule

    The bridge owner would like to modify the existing regulation under
33 CFR 117.458(b) and (c). The proposed change to 33 CFR 117.458(b)
would allow the bridge to open if two hours notice is given 24 hours a
day; except the bridge need not open from 7 a.m. to 8:30 a.m. and 5
p.m. to 6:30 p.m. Monday through Friday. The proposed change to 33 CFR
117.458(c) would allow the bridge to open on signal from 8 a.m. to 8
p.m. and from 8 p.m. to 8 a.m. if two hours notice is given; except the
bridge need not open from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m.
Monday through Friday. These regulatory changes would allow LDOTD to
improve the systematic efficiency of bridge operations for vessels
using the

portions of the IHNC that are not associated with the GIWW. The
proposed changes would do this by allowing the bridge operations to be
accomplished with the same personnel and allowing the regulations to
work with one another thereby allowing for faster response times for
openings and more efficient use of the water way and ultimately more
fiscal responsibility on behalf of the owner. There are no alternative
routes in this area. Traffic that does not require an opening may pass
at any time.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed 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 Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
    This proposed rule is not a significant regulatory action. This
proposed rule merely modifies a currently existing regulation by
adjusting the required time of notification necessary to request a
bridge opening. If this proposed change is made permanent, mariners
passing through this area will be aware of the notification
requirements and will be able to plan their transits accordingly and
provide the proper notice if necessary.

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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    This proposed rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
needing to transit the Danzinger Bridge with less than two hours notice
24 hours a day and the owners or operators of vessels needing to
transit the Senator Tom Hickey bridge between 8 p.m. to 8 a.m. on less
than a two-hour notice.
    This action will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
proposed rule would create a consistency of operational times as well
as allow for the operation of the bridges on this part of the waterway
as a system rather than as individual bridges as vessel traffic is
relatively low in this general area. By allowing for consistency
between the bridge schedules, this proposed rule change could actually
allow for a better flow of commerce in this area. Vessels that can
safely transit under the bridge may do so at any time.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.

3. Assistance for Small Entities

    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 proposed rule. If the proposed 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. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule would call for no 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 proposed rule under that Order and
have determined that it 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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that this action is one of a category
of actions which do not individually or cumulatively have a significant
effect on the human environment. This proposed rule simply promulgates
the operating regulations or procedures for drawbridges. This rule is
categorically excluded, under figure 2-1, paragraph (32)(e), of the
Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this proposed rule. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. In Sec.  117.458 revise paragraphs (b) and (c) to read as follows:

Sec.  117.458  Inner Harbor Navigation Canal, New Orleans.

* * * * *
    (b) The US 90 (Danzinger) Bridge, mile 3.1, shall open on signal if
at least two hours notice is given; except that the draw need not be
opened from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through
Friday.
    (c) The draw of the Senator Ted Hickey (Leon C. Simon Blvd./
Seabrook) Bridge, mile 4.6, shall open on signal from 8 a.m. through 8
p.m. and from 8 p.m. through 8 a.m. if at least two hours notice is
given; except that the draw need not be opened from 7 a.m. to 8:30 a.m.
and 5 p.m. to 6:30 p.m. Monday through Friday.

    Dated: September 23, 2013.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2013-24319 Filed 10-22-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Notices]
[Pages 28090-28091]
[FR Doc No: 2016-10897]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2015-1033]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Numbers: 1625-0023

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Requests
(ICRs), abstracted below, to the Office of Management and Budget (OMB),
Office of Information and Regulatory Affairs (OIRA), requesting
approval of a revision to the following collection of information:
1625-0023, Barge Fleeting Facility Records. Our ICR describes the
information we seek to collect from the public. Review and comments by
OIRA ensure we only impose paperwork burdens commensurate with our
performance of duties.

DATES: Comments must reach the Coast Guard and OIRA on or before June
8, 2016.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2015-1033] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. Alternatively, you
may submit comments to OIRA using one of the following means:
    (1) Email<EMAIL_ADDRESS>    (2) Mail: OIRA, 725 17th Street NW., Washington, DC 20503,
attention Desk Officer for the Coast Guard.
    (3) Fax:<PHONE_NUMBER>. To ensure your comments are received in a
timely manner, mark the fax, attention Desk Officer for the Coast
Guard.
    A copy of the ICR is available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
COMMANDANT (CG-612), ATTN: PAPERWORK REDUCTION ACT MANAGER, U.S. COAST
GUARD, 2703 MARTIN LUTHER KING JR AVE SE., STOP 7710, WASHINGTON, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Contact Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. These comments
will help OIRA determine whether to approve the ICR referred to in this
Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2015-1033], and must be received by June 8, 2016

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that Web site's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice
of Action on each ICR will become available via a hyperlink in the OMB
Control Number: 1625-0023.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (81 FR 3148, January 20, 2016)
required by 44 U.S.C. 3506(c)(2). That Notice elicited no comments.
Accordingly, no changes have been made to the Collection.

Information Collection Request

    Title: Barge Fleeting Facility Records.
    OMB Control Number: 1625-0023.
    Summary: The regulations require the person-in-charge of certain
barge fleeting facilities to keep records of twice daily inspections of
barge moorings and movements of barges and hazardous cargo in and out
of a facility.
    Need: Title 33 CFR 165.803 requirements are intended to prevent
barges from breaking out of control in the congested Lower Mississippi
River waterway system.
    Forms: None.
    Respondents: Operators of barge fleeting facilities.
    Frequency: Daily.
    Hour Burden Estimate: The estimated burden has decreased from
50,453 hours to 11,076 hours a year due to a decrease in the estimated
annual number of respondents and number of responses.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: April 29, 2016.
Thomas P. Michelli,
U.S. Coast Guard, Deputy Chief Information Officer.
[FR Doc. 2016-10897 Filed 5-6-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: July 29, 2010 (Volume 75, Number 145)]
[Proposed Rules]
[Page 44725]
[DOCID:fr29jy10-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0725; Directorate Identifier 2010-NE-18-AD]
RIN 2120-AA64

Airworthiness Directives; Pratt & Whitney PW4000 Series Turbofan
Engines; Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); correction.

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SUMMARY: The FAA is correcting a proposed airworthiness directive (AD)
which published in the Federal Register. That proposed AD would apply
to Pratt & Whitney PW4000 series turbofan engines. The docket number is
incorrect in all three of its locations. This document corrects those
references. In all other respects, the original document remains the
same.

DATES: This correction is effective July 29, 2010.

FOR FURTHER INFORMATION CONTACT: James Gray, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On June 3, 2010 (75 FR 31330), we published
a proposed AD, FR Doc. 2010-13314, in the Federal Register. That
proposed AD applies to Pratt & Whitney PW4000 series turbofan engines.
We need to make the following correction:
    On page 31330, in the third column, under 14 CFR part 39, ``Docket
No. FAA-2010-0384'' is corrected to read ``FAA-2010-0725.''
    On page 31331, in the first column, under SUPPLEMENTARY
INFORMATION, in the sixth and seventh lines, ``Docket No. FAA 2010-
0384'' is corrected to read ``FAA-2010-0725.''
    On page 31331, in the third column, under Sec.  39.13 [Amended], in
the fourth and fifth lines, ``Docket No. FAA 2010-0384'' is corrected
to read ``FAA-2010-0725.''

    Issued in Burlington, Massachusetts, on July 23, 2010.
Francis A. Favara,
Manager, Engine and Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2010-18628 Filed 7-28-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 23, 2005 (Volume 70, Number 246)]
[Notices]
[Page 76280]
[DOCID:fr23de05-64]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP05-413-000]

East Tennessee Natural Gas, L.L.C.; Notice of Availability of the
Environmental Assessment for the Proposed Jewell Ridge Lateral Project

December 13, 2005.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) on the
natural gas pipeline facilities proposed by East Tennessee Natural Gas,
L.L.C. (East Tennessee) in the above-referenced docket.
    The EA was prepared to satisfy the requirements of the National
Environmental Policy Act. The staff concludes that approval of the
proposed project, with appropriate mitigating measures, would not
constitute a major Federal action significantly affecting the quality
of the human environment.
    The EA assesses the potential environmental effects of the
construction and operation of approximately 30.48 miles of 20-inch-
diameter pipeline and related appurtenant facilities in Tazewell and
Smyth counties, Virginia. The purpose of the project is to connect the
CNX Gas Company LLC's existing Cardinal States Gathering System in
Tazewell County, Virginia to the East Tennessee interstate pipeline
system in Smyth County, Virginia. The proposed pipeline would have the
capacity to carry 235,000 dekatherms of natural gas per day. East
Tennessee states that the project would also provide an alternate
supply source to southeastern natural gas consumers, provide East
Tennessee's existing pipeline system customers in Virginia, Tennessee,
North Carolina and Georgia enhanced access to new natural gas supplies
from the Appalachian basin, and build upon southwest Virginia's
existing energy infrastructure. The new lateral would provide some
areas, such as Richlands, Cedar Bluff, and Claypool Hill, Virginia,
with access to natural gas for the first time.
    The EA has been placed in the public files of the FERC. A limited
number of copies of the EA are available for distribution and public
inspection at: Federal Energy Regulatory Commission, Public Reference
Room, 888 First Street, NE., Room 2A, Washington, DC 20426. (202) 502-
8371.
    Copies of the EA have been mailed to Federal; state; and local
agencies; public interest groups; individuals who have requested the
EA; libraries; newspapers; and parties to this proceeding.
    Any person wishing to comment on the EA may do so. To ensure
consideration prior to a Commission decision on the proposal, it is
important that we receive your comments before the date specified
below. Please carefully follow these instructions to ensure that your
comments are received in time and properly recorded:
     Send an original and two copies of your comments to:
Secretary, Federal Energy Regulatory Commission, 888 First St., NE.,
Room 1A, Washington, DC 20426;
     Label one copy of the comments for the attention of the
Gas Branch 3, PJ11.3;
     Reference Docket No. CP05-413-000; and
     Mail your comments so that they will be received in
Washington, DC on or before January 16, 2006.
    The Commission strongly encourages electronic filing of any
comments or interventions or protests to this proceeding. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
at http://www.ferc.gov under the ``e-Filing'' link and the link to the

User's Guide. Before you can file comments you will need to create a
free account which can be created by clicking on ``Sign-up.''
    Comments will be considered by the Commission but will not serve to
make the commenter a party to the proceeding. Any person seeking to
become a party to the proceeding must file a motion to intervene
pursuant to Rule 214 of the Commission's Rules of Practice and
Procedures (18 CFR 385.214).\1\ Only intervenors have the right to seek
rehearing of the Commission's decision.
---------------------------------------------------------------------------

    \1\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
---------------------------------------------------------------------------

    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your comments considered.
    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.

Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,

contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-7741 Filed 12-22-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: December 6, 2006 (Volume 71, Number 234)]
[Notices]
[Page 70760-70761]
[DOCID:fr06de06-54]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2006-0408; FRL-8251-8]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Reporting and Recordkeeping Under
EPA's Water Efficiency Program; EPA ICR No. 2233.01

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request for a new
collection. The ICR, which is abstracted below, describes the nature of
the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before January 5,
2006.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA HQ-OW-
2006-0408, to (1) EPA online using http://www.regulations.gov (our preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to: EPA

Docket Center, Environmental Protection Agency, Water Docket, 1200
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by mail to:
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Cindy Simbanin, Office of Waste Water
Management, Office of Water, 4204M, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:
202 564-3837; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On August 4, 2006 (71 FR 44277), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received one comment during the
comment period, which is addressed in the ICR. Any additional comments
on this ICR should be submitted to EPA and OMB within 30 days of this
notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OW-2006-0408, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Water Docket in

the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Water Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov
, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA

receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose public disclosure
is restricted by statute. For further information about the electronic
docket, go to http://www.regulations.gov.

    Title: Reporting and Recordkeeping Requirements Under EPA's Water
Efficiency Program.
    ICR numbers: EPA ICR No. 2233.01.
    ICR Status: This ICR is for a new information collection activity.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: EPA's Water Efficiency Program is a voluntary program
designed to create self-sustaining markets for water efficient products
and services via a common label. The program provides incentives for
manufacturers to design, produce, and market water-efficient products.
In addition, the program provides incentives for service providers
(e.g., landscapers) to deliver water-efficient products. The program
also encourages consumers and commercial and institutional purchasers
of water-using products and systems to choose water-efficient products
and engage in water-efficient practices.
    EPA's Water Efficiency Program partners with manufacturers,
retailers, utilities, state and local governments, NGOs, plumbers,
developers, contractors, architects, landscapers, irrigation
professionals, and service certification programs to market and adopt
the Water Efficiency Program, and provide labeled products and
programs. To participate in the program, organizations will complete a
Partnership Agreement, which details the partner and EPA commitments
under the program, and is signed by a senior official at both EPA and
the partner organization. EPA asks manufacturers, certification
programs, and builders to submit an EPA Water Efficiency Program New
Certified Product Notification Form within 12 months of execution of
the Partnership Agreement. This document provides EPA information to
verify that the product or service meets EPA specifications based on
independent testing. EPA will use this information to inform the public
on water efficient products and services. In addition, EPA requests
partners submit promotional plans and annual updates on progress
implementing the program. EPA intends to use this information to
identify partnership opportunities and assess progress meeting program
goals.
    In the third year of the program, EPA plans to initiate an awards
program that will require interested partners to submit an awards
application form. Participation in the awards program is strictly
voluntary. The purpose of this information collection is to document
partner successes for further recognition. Partners may designate
certain information submitted under this ICR as confidential business
information. All information identified as confidential business
information collected under this ICR will not be available to the
public. Participation on the awards program is entirely voluntary.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 89
hours per response. Burden means the total time, effort, or financial
resources expended

by persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements
which have subsequently changed; train personnel to be able to respond
to a collection of information; search data sources; complete and
review the collection of information; and transmit or otherwise
disclose the information.
    Respondents/Affected Entities: The universe of each respondent
activity varies depending upon the specific activity. The respondent
universe for each information collection activity associated with EPA
Water Efficiency Program is presented and explained separately below.
    Partnership Agreement: EPA estimates that 3,800 partners will join
the program in the first year, 5,000 in the second year, and 6,200 in
the third year of the program, for an average of 5,000 partners per
year. EPA estimates that certified professionals will comprise the vast
majority of partnerships. For other partner categories, EPA anticipates
welcoming 100 partners in the first year, 75 in the second year, and
125 in the third year.
    New Certified Product Notification Form: During the three-year
period covered by this ICR, EPA anticipates developing specifications
for 13 categories of products and services. Each product category has
specific information that must be submitted by partners who desire to
label their product(s). EPA anticipates that manufacturers will submit
a total of 450 products for certification in the 13 categories over the
first 3 years of the program. This translates to 150 products annually.
Of the 450 total applications, EPA anticipates updating the Web
registry of labeled products on a monthly basis.
    Promotional Plan: With an exception for certified professionals,
EPA plans to request submission of one Promotional Plan per partner for
each year the partner participates in the program. Thus, EPA
anticipates receiving 100 promotional plans in the first year, 175 in
the second and 300 in the third for an average of 192 per year.
    Annual Update: With an exception for certified professionals, EPA
plans to require submission of one Annual Update per partner for each
year the partner participates in the program. Thus, EPA anticipates
receiving 100 Annual Updates in the first year, 175 in the second and
300 in the third for an average of 192 per year.
    Award Application: EPA plans to initiate an awards program by the
third year of the Water Efficiency Program. Based on the popularity of
other EPA awards programs, EPA anticipates receiving 100 applications
during the first round of award applications.
    Estimated Number of Respondents: 214 State and local government;
427 private sector, 5000 individuals per year.
    Frequency of Response: Once/year.
    Estimated Total Annual Hour Burden: 50,081.
    Estimated Total Annual Cost: $3,372,000, includes $125,000 annual
capital/startup and O&M costs and $3,247,000 annual labor costs.

    Dated: November 29, 2006.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. E6-20644 Filed 12-5-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 31 (Friday, February 14, 2014)]
[Notices]
[Pages 9041-9042]
[FR Doc No: 2014-03210]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0106; Notice 2]

General Motors, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance

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

ACTION: Grant of Petition.

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

SUMMARY: General Motors, LLC (GM), has determined that certain model
year 2012 Chevrolet Captiva and Buick Verano passenger cars
manufactured between April 6, 2011 and June 4, 2011, do not fully
comply with paragraph S5.2.1 of Federal Motor Vehicle Safety Standard
(FMVSS) No. 101, Controls and Displays and paragraph S5.5.5 of FMVSS
No. 135, Light Vehicle Brake Systems. GM has filed an appropriate
report dated June 13, 2012 pursuant to 49 CFR Part 573, Defect and
Noncompliance Responsibility and Reports.

ADDRESSES: For further information on this decision contact Stuart
Seigel, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone<PHONE_NUMBER>,
facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    I. GM's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see
implementing rule at 49 CFR Part 556), GM has petitioned for an
exemption from the notification and remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this noncompliance is inconsequential to
motor vehicle safety.
    Notice of receipt of the petition was published, with a 30-day
public comment period, on November 5, 2012 in the Federal Register (77
FR 66501). No comments were received. To view the petition, and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2012-0106.''
    II. Vehicles Involved: Affected are approximately 47,822 model year
2012 Chevrolet Captiva and Buick Verano model passenger cars that were
manufactured between April 6, 2011 and June 4, 2011.
    III. Noncompliance: GM explains that the noncompliance is that the
telltales used for Park Brake are displayed using International
Organization for Standardization (ISO) symbols instead of the telltale
symbols required by FMVSS Nos. 101 and 135.
    IV. Rule Text: Paragraph S5.2.1 of FMVSS No. 101 Specifically
states in pertinent part:

    S5.2.1 Except for the Low Tire Pressure Telltale, each control,
telltale and indicator that is listed in column 1 of Table 1 or
Table 2 must be identified by the symbol specified for it in column
2 or the word or abbreviation specified for it in column 3 of Table
1 or Table 2. If a symbol is used, each symbol provided pursuant to
this paragraph must be substantially similar in form to the symbol
as it appears in Table 1 or Table 2. If a symbol is used, each
symbol provided pursuant to this paragraph must have the
proportional dimensional characteristics of the symbol as it appears
in Table 1 or Table 2. . . .

    Paragraph S5.5.5 of FMVSS No. 135 requires in pertinent part:

    S5.5.5. Labeling. (a) Each visual indicator shall display a word
or words in accordance with the requirements of Standard No. 101 (49
CFR 571.101) and this section, which shall be legible to the driver
under all daytime and nighttime conditions when activated. Unless
otherwise specified, the words shall have letters not less than 3.2
mm (\1/8\ inch) high and the letters and background shall be of
contrasting colors, one of which is red. Words or symbols in
addition to those required by Standard No. 101 and this section may
be provided for purposes of Clarity. . . .
    (d) If separate indicators are used for one or more of the the
conditions described in S5.5.1(a) through S5.5.1(g), the indicators
shall display the following wording:
    . . .
    (4) If a separate indicator is provided for application of the
parking brake as specified for S5.5.1(c), the single word ``Park''
of the words ``Parking Brake'' may be used. . . .

    V. Summary of GM's Analyses: GM stated its belief that although the
instrument cluster telltale symbols are displayed using ISO symbols the
noncompliance is inconsequential to

motor vehicle safety for the following reasons:
    (1) The functionality of all braking systems, including the service
brakes and parking brakes, is not affected by the noncompliance and the
vehicles will operate as intended.
    (2) In addition to the parking brake telltale, the Captiva Driver
Information Center (DIC) provides a message when the parking brake is
set. Specifically, when the parking brake is applied and the ISO
parking brake telltale is illuminated, the following message is also
displayed: ``Park Brake Set''
    (3) In the noncompliant vehicles, the electronic parking brake
automatically releases when the vehicle transmission is in drive and
the vehicle is driven away.
    (4) The description of the parking braking operation, found in the
owner's manual, clearly indicates the ISO parking brake symbol will be
displayed when the parking brake is applied.
    (5) The control, which applies and releases the parking brake on
the subject vehicles, is identified with the same ISO symbol that is
used on the telltale to indicate the parking brake is applied.
    (6) Other current and previous vehicles manufactured by GM and
other manufacturers use the ISO parking brake symbol in conjunction
with the word ``PARK'', or a common brake telltale incorporating the
subject park brake symbol in conjunction with the word ``BRAKE'' and
the ISO symbol for brake malfunction, to indicate the application of
the parking brake. GM has also, confirmed that the Parking Brake ISO
telltale, in conjunction with the brake malfunction telltale and word
``BRAKE'', has been used on other vehicles and thus the motoring public
has come to associate the ISO park brake symbol with the application of
the parking brake.
    (7) GM is unaware of any field or owner complaints or injuries
regarding the subject noncompliance.
    In summation, GM believes that the described noncompliance of its
vehicles is inconsequential to motor vehicle safety, and that its
petition, to exempt it from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120 should be granted.
    VI. NHTSA Decision: NHTSA has reviewed GM's analyses that the
subject noncompliance is inconsequential to motor vehicle safety.
Specifically, the telltale used for Park Brake, displayed using
International Organization for Standardization (ISO) symbol instead of
the telltale symbols required by FMVSS Nos. 101 and 135, poses little
if any risk to motor vehicle safety.
    NHTSA agrees with GM's statement that the parking brake telltale
ISO symbol has no effect on brake performance. Vehicle stopping
distance and thus collision avoidance is not compromised due to the
mislabeling. When the parking brake is activated the ISO symbol is
illuminated as required with the letters and background in contrasting
colors, one of which is red for both models, and for the Captiva,
redundant driver notification is also provided in the information
center with the text ``Park Brake Set''. In addition, the ISO symbol
incorporates the capital letter ``P'' which is part of the required
word ``Park'' and the ISO symbol has been used on US-certified vehicles
for many years in conjunction with the required text. Thus, over time,
the ISO symbol has evolved to become increasingly recognizable and
understandable to drivers. The brake apply switch located in the center
console is identified with the same ISO parking brake symbol as the
mislabeled dash telltale. Each time the driver activates the parking
brake he/she will visually be reminded of the meaning of the ISO
symbol. The parking brake control and the representative ISO symbol are
operationally linked. Further, the meaning of the ISO symbol is
described in the owner's manuals of both models.
    NHTSA believes that the combination of the red contrasting color of
the ISO symbol, the message center for the Captiva, the letter ``P'' in
the ISO symbol, common ISO symbol usage, the electric brake apply
switch marked with the ISO symbol, and the owner's manual description,
will be sufficient to adequately warn the driver when the parking brake
is set. Also, because the parking brake automatically releases as the
vehicle transmission is shifted to drive and the vehicle is driven
away, any possibility of vehicle control and drivability issues due to
brake drag are eliminated. NHTSA has not received any consumer
complaints regarding the subject vehicles.
    In consideration of the foregoing, NHTSA has decided that GM has
met its burden of persuasion that the noncompliance with FMVSS Nos. 101
and 135 is inconsequential to motor vehicle safety. Accordingly, GM's
petition is hereby granted and GM is exempted from the obligation of
providing notification of, and a remedy for, that noncompliance under
49 U.S.C. 30118 and 30120.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, this decision
only applies to the subject noncompliant vehicles that GM no longer
controlled at the time it determined that the noncompliance existed.
However, the granting of this petition does not relieve vehicle
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after GM
notified them that the subject noncompliance existed.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8).

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-03210 Filed 2-13-14; 8:45 am]
BILLING CODE 4910-59-P


11791 Federal Register / Vol. 68, No. 48 / Wednesday, March 12, 2003 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 136 [ FRL   7462   9]

Technical Support Document for the Assessment of Detection and Quantitation Concepts AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice of document availability and public comment period.

SUMMARY: Today's action announces the availability of a recent assessment of detection and quantitation procedures used by EPA to determine the sensitivity of analytical ( test) methods under EPA's Clean Water Act ( CWA). EPA's method detection limit ( MDL) and minimum level of quantitation ( ML) are used to define test sensitivity under the CWA. The MDL is used to determine the lowest concentration at which a substance is detected or is `` present'' in a sample. The ML appears in many EPA methods and has been used to describe the lowest concentration of a substance that gives a recognizable signal, or as a quantitation limit. The Assessment Document includes an evaluation of the MDL and ML procedures and alternative approaches for defining test sensitivity. This Assessment Document has been peer reviewed and is now available for public review and comment. DATES: Comments must be postmarked, delivered by hand, or electronically mailed on or before July 10, 2003. Comments provided electronically will be considered timely if they are submitted electronically by 11: 59 p. m. Eastern Time on July 10, 2003. ADDRESSES: Comments may be submitted by mail to Water Docket, U. S. Environmental Protection Agency ( 4101T), 1200 Pennsylvania Avenue NW., Washington DC 20460, or electronically through EPA Dockets at http:// www. epa. gov/ edocket/, Attention Docket ID No. OW   2003   0003. See Unit C of the SUPPLEMENTARY INFORMATION section for additional ways to submit comments and more detailed instructions.

FOR FURTHER INFORMATION CONTACT: William Telliard; Engineering and Analysis Division ( 4303T); Office of Science and Technology; Office of Water; U. S. Environmental Protection Agency; Ariel Rios Building; 1200 Pennsylvania Avenue NW., Washington, DC 20460, or call ( 202) 566   1061 or email at telliard. william@ epa. gov.

SUPPLEMENTARY INFORMATION: I. General Information A. How Can I Get Copies of This Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under Docket ID No. OW   2003   0003. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. The official public docket is the collection of materials that is available for public viewing at the Water Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is ( 202) 566   1744, and the telephone number for the Water Docket is ( 202) 566   2426. 2. Electronic Access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, to access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the appropriate docket identification number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in I. A. 1. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the Docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

B. How and to Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. However, late comments may be considered if time permits. 1. Electronically. If you submit an electronic comment as prescribed below, EPA recommends that you include your name, mailing address, and an e mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment.

VerDate Jan< 31> 2003 15: 38 Mar 11, 2003 Jkt 200001 PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 E:\ FR\ FM\ 12MRP1. SGM 12MRP1 11792 Federal Register / Vol. 68, No. 48 / Wednesday, March 12, 2003 / Proposed Rules i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in Docket ID No. OW   2003   0003. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by electronic mail ( e mail) to OW   docket@ epa. gov Attention Docket ID No. OW   2003   0003. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the Docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in I. B. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By Mail. Send an original and three copies of your comments to: Water Docket, Environmental Protection Agency, Mailcode: 4101T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID No. OW   2003   0003. 3. By Hand Delivery or Courier. Deliver your comments to EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, DC, Attention Docket ID No. OW   2003   0003. Such deliveries are only accepted during the Docket's normal hours of operation as identified in I. A. 1.

C. How Should I Submit CBI to the Agency? Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at your estimate. 5. Provide specific examples to illustrate your concerns. 6. Offer alternatives. 7. Make sure to submit your comments by the comment period deadline. 8. Ensure proper receipt by EPA by identifying the appropriate docket identification number in the subject line on the first page of your response. It would also be helpful if you provided the name, date, and Federal Register citation related to your comments.

II. Summary of EPA's Assessment EPA completed an assessment for determining the sensitivity of analytical test methods ( i. e., procedures for determining detection and quantitation) and their application to Clean Water Act ( CWA) programs. The assessment examines the method detection limit ( MDL) and minimum level of quantitation ( ML) procedures currently used by the Agency for determining test sensitivity for CWA applications. It also considers alternative concepts and procedures. EPA conducted the assessment to partially fulfill certain provisions of a settlement agreement with the Alliance of Automobile Manufacturers, et al., which is discussed further below. On June 8, 1999, EPA published a final rule adding EPA Method 1631, Revision B: Mercury in Water by Oxidation, Purge and Trap, and Cold Vapor Atomic Fluorescence Spectrometry ( Method 1631) to the `` Guidelines Establishing Test Procedures for the Analysis of Pollutants'' under section 304( h) of the Clean Water Act. Following promulgation, the Alliance of Automobile Manufacturers, the Chemical Manufacturers Association, and the Utility Water Act Group (`` Petitioners'') and the American Forest and Paper Association (`` Intervenor'') filed a lawsuit challenging the method. The challenge addressed specific aspects of EPA Method 1631 as well as the general procedures used to establish the method detection limit ( MDL) and minimum level of quantitation ( ML) specified in the method. On October 19, 2000, EPA entered into a settlement agreement with the Petitioners and Intervenor ( Alliance of Automobile Manufacturers, et al. v. EPA, No. 99   1420 ( D. C. Cir.); the `` settlement agreement''). Clause 6 of the settlement agreement provides for EPA to assess existing Agency and alternative procedures for determining detection and quantitation limits under the Clean Water Act and to sign a notice for publication in the Federal Register on or before February 28, 2003, inviting comment on the assessment. The settlement agreement further provides for EPA to submit its assessment to formal peer review by experts in the fields of analytical chemistry and in the statistical aspects of analytical data interpretation. EPA drafted an Assessment Document describing the issues associated with the assessment process, the detection and quantitation concepts and procedures evaluated, the criteria used for the evaluation, the evaluation results, and the conclusions of the assessment. EPA then conducted a peer review of the draft Assessment Document in August 2002. As stipulated in the settlement agreement, EPA provided the draft Assessment Document to the Petitioners and Intervenor for concurrent review and comment in August 2002. Following peer review, EPA revised the Assessment Document to incorporate peer review comments. The revised assessment is contained in a document titled, `` Technical Support Document for the Assessment of Detection and Quantitation Concepts'' ( EPA 821   R   03   005, February, 2003), or `` Assessment Document.'' The VerDate Jan< 31> 2003 15: 38 Mar 11, 2003 Jkt 200001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\ FR\ FM\ 12MRP1. SGM 12MRP1 11793 Federal Register / Vol. 68, No. 48 / Wednesday, March 12, 2003 / Proposed Rules Assessment Document, the peer review comments, and comments from the Petitioners and Intervenor are available in the docket for this notice. The purpose of this notice is specifically to request comment on the Assessment Document. Elsewhere in today's Federal Register, the Agency is proposing revisions to the MDL definition and procedure codified at 40 CFR part 136, Appendix B, and is also proposing to add a definition of the ML at 40 CFR 136.2. The proposed revisions are based on the findings from the assessment and are fully discussed in the proposed rule. To comment on these proposed revisions, readers are referred to the Proposed Rules section of today's Federal Register for the Guidelines Establishing Test Procedures for the Analysis of Pollutants; Procedures for Detection and Quantitation. The settlement agreement stipulates that EPA's assessment of concepts and procedures for detection and quantitation be submitted for public review and comment for a period of no less than 120 days. The settlement agreement also requires EPA to sign a final notice taking action on the assessment on or before September 30, 2004. By this notice, EPA invites the public to comment on the Assessment Document. The public comment period is open for 120 days and will close on July 10, 2003. After EPA considers public comments, it will publish a notice taking final action on the assessment by September 30, 2004.

Dated: February 28, 2003. Christine Todd Whitman, Administrator. [ FR Doc. 03   5711 Filed 3   11   03; 8: 45 am]

BILLING CODE 6560   50   P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 600 [ I. D. 022403D]

Magnuson Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits ( EFPs)

AGENCY: Department of Commerce, National Oceanic and Atmospheric Administration ( NOAA), National Marine Fisheries Service ( NMFS) ACTION: Notification of a proposal for EFPs to conduct experimental fishing; request for comments. SUMMARY: The Administrator, Northeast Region, NMFS ( Regional Administrator) has made a preliminary determination that the subject EFP application contains all the required information and warrants further consideration. The Regional Administrator has also made a preliminary determination that the activities authorized under the EFPs would be consistent with the goals and objectives of the Northeast ( NE) Multispecies Fishery Management Plan ( FMP). However, further review and consultation may be necessary before a final determination is made to issue EFPs. Therefore, NMFS announces that the Regional Administrator proposes to issue EFPs that would allow four vessels to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. The EFPs would exempt these vessels from minimum mesh size requirements of the Gulf of Maine ( GOM) and Georges Bank ( GB) Regulated Mesh Areas ( RMAs) and from the seasonal GOM Rolling Closure Areas II and III. The proposed experiment would test a separator panel designed to separate haddock from cod in the GOM and GB RMAs. All experimental work would be monitored by Manomet Center for Conservation Sciences ( Manomet) personnel. Regulations under the Magnuson Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs. DATES: Comments must be received at the appropriate address or fax number ( see ADDRESSES) on or before March 27, 2003. ADDRESSES: Written comments should be sent to Patricia A. Kurkul, Regional Administrator, NMFS, NE Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope `` Comments on Manomet Separator Trawl EFP Proposal.'' Comments may also be sent via fax to ( 978) 281   9135. Comments will not be accepted if submitted via e mail or the Internet. FOR FURTHER INFORMATION CONTACT: Heather Sagar, Fisheries Management Specialist, 978   281   9104. SUPPLEMENTARY INFORMATION: An initial application from Manomet was received on December 6, 2002, and the application was completed on January 31, 2003. The proposed study would test a modified trawl net with a separator panel, designed to separate haddock from cod. The modified net would be built with a 4   inch mesh horizontal separator panel dividing the trawl codend into an upper and lower codend. Both codends would be constructed with legal minimum mesh size and the net would be fully compliant with current regulations except for the insertion of a small mesh separator panel. The study would involve four phases. The first phase would consist of development and construction of a separator trawl net. Phase two would involve a series of sea trials conducted with an underwater video camera to ensure that the trawl and separator panel are fishing properly. Trials would take place in shallow water to ensure high quality video imaging. This process would take up to 2 days. Phase three would be the experimental sea trials. Four commercial vessels would fish 5 days each, making approximately five tows per day for a total of 100 tows for this portion of the study. Tow length would be approximately 30 minutes and experimental tows would mimic normal fishing practices. This would result in a total of 22 sea days for the entire study ( including 2 days for preliminary sea trials). Participating vessels would be required to notify NMFS prior to commencing an experimental fishing trip. The final phase of the experiment would be data analysis and reporting, including a video analysis. The proposed study area would take place off the coast of Cape Cod, MA, inside the area defined by the following coordinates: 42 ° 15' N. lat., 70 ° 15' W. long.; 42 ° 15' N. lat., 69 ° 30' W. long.; 42 ° 00' N. lat., 69 ° 30' W. long.; 42 ° 00' N. lat., 68 ° 30' W. long.; 41 ° 30' N. lat., 68 ° 30' W. long.; 41 ° 30' N. lat. 70 ° 00' W. long. following the Cape Cod shoreline north to 42 ° 00' N. lat., 70 ° 00' W. long.; 42 ° 00' N. lat., 70 ° 15' W. long.; and 42 ° 15' N. lat., 70 ° 15' W. long. Areas subjected to permanent closures would be avoided. The EFPs would allow for exemptions from the GOM and GB RMA minimum mesh size requirements specified at 50 CFR 648.80( a)( 1) and ( a)( 2), and seasonal GOM Rolling Closure Areas II and III specified at 50 CFR 648.81( g). Under this experiment, target species would be cod, haddock, yellowtail flounder, American plaice, witch flounder, pollock, and windowpane flounder. Incidental species would include skate, smooth dogfish, spiny dogfish, sculpins, sea raven and sea robin. All biological and environmental information would be recorded by trained observers ( supplied by Manomet) on relevant NMFS observer logbooks. Each participating vessel would have an observer on board. All catch would be sorted and weighed on board the vessel. In addition, all VerDate Jan< 31> 2003 15: 38 Mar 11, 2003 Jkt 200001 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\ FR\ FM\ 12MRP1. SGM 12MRP1


[Federal Register: September 9, 2008 (Volume 73, Number 175)]
[Rules and Regulations]
[Page 52205-52208]
[DOCID:fr09se08-7]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0955; Directorate Identifier 2008-CE-040-AD;
Amendment 39-15668; AD 2008-19-01]
RIN 2120-AA64

Airworthiness Directives; Harco Labs, Inc. Pitot/AOA Probes (Part
Numbers 100435-39, 100435-39-001, 100435-40, and 100435-40-001)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Harco Labs, Inc. part numbers 100435-39, 100435-39-001, 100435-
40, and 100435-40-001 pitot/angle of attack (AOA) probes installed on,
but not limited to Eclipse Aviation Inc. Model EA500 airplanes. This AD
requires you to incorporate information into the Limitations section of
the airplane flight manual (AFM) that will allow operation only under
day visual flight rules (VFR) and allow only a VFR flight plan. This AD
also requires you to test the pitot/AOA probes for heater performance
and replace the pitot/AOA probe if it fails the heater performance
test. This AD results from several reports of airspeed disagree caution
indication due to blockage from freezing condensation within the pitot/
AOA system. We are issuing this AD to detect and correct improperly
performing pitot/AOA probe heaters, which could result in blockage
within the pitot/AOA system from condensation freezing with consequent
incorrect indication of impact air pressure (airspeed/AOA). This
blockage could lead to the stall warning becoming unreliable and the
stick pusher, overspeed warning, autopilot, and yaw damper to
malfunction.

DATES: This AD becomes effective on September 29, 2008.
    On September 29, 2008, the Director of the Federal Register
approved the incorporation by reference of certain publications listed
in this AD.
    We must receive any comments on this AD by November 10, 2008.

ADDRESSES: Use one of the following addresses to comment on this AD.
     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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    To get the service information identified in this AD, contact Harco
Labs, Inc. 186 Cedar Street, Branford, Connecticut 06405; telephone:
(203) 483-3700; fax:<PHONE_NUMBER>, and Eclipse Aviation, 2503 Clark
Carr Loop SE, Albuquerque, New Mexico 87106; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>.
    To view the comments to this AD, go to http://www.regulations.gov.
The docket number is FAA-2008-0955; Directorate Identifier 2008-CE-040-
AD.

FOR FURTHER INFORMATION CONTACT: Solomon Hecht, Aerospace Engineer, 12
New England Executive Park, Burlington, Massachusetts 01803; telephone:
(781) 238-7159; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We received several reports of airspeed disagree caution indication
due to blockage within the pitot/AOA system from freezing condensation.
We are issuing this AD to detect and correct improperly performing
pitot/AOA probe heaters.
    This condition, if not corrected, could result in a blockage within
the pitot/AOA system from condensation freezing with consequent
incorrect indication of impact air pressure (airspeed/AOA). This
blockage could lead to the stall warning becoming unreliable and the
stick pusher, overspeed warning, autopilot, and yaw damper to
malfunction.

Relevant Service Information

    We reviewed Harco Labs, Inc. Service Bulletin SB-34-10-10-001,
Revision F, dated August 19, 2008; Harco Pitot AOA Probe Internal
Tubing Heater Verification Test Procedure No. P1149, Rev: E, referenced
in 8. Appendix A of Harco Labs, Inc. Service Bulletin SB-

34-10-10-001, Revision F, dated August 19, 2008; and Eclipse Aviation
Alert Service Bulletin SB 500-34-019, Rev C, dated August 20, 2008. The
service information describes procedures for verification of the
internal tube (wedge) heater performance on pitot/AOA probes.

FAA's Determination and Requirements of This AD

    We are issuing this AD because we evaluated all the information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This AD requires
you to incorporate information into the Limitations section of the
airplane flight manual (AFM) that will allow operation only under day
visual flight rules (VFR) and allow only a VFR flight plan. This AD
also requires you to test the pitot/AOA probes for heater performance
and replace the pitot/AOA probe if it fails the heater performance
test.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because the
potential for the stall warning to become unreliable and the stick
pusher, overspeed warning, autopilot, and yaw damper to malfunction due
to blockage from condensation freezing in the pitot/AOA system
compromises the continued operational safety of the airplanes.
Therefore, we determined that notice and opportunity for public comment
before issuing this AD are impracticable and that good cause exists for
making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and an opportunity for
public comment. We invite you to send any written relevant data, views,
or arguments regarding this AD. Send your comments to an address listed
under the ADDRESSES section. Include the docket number ``FAA-2008-0955;
Directorate Identifier 2008-CE-040-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD. We will consider
all comments received by the closing date and may amend the AD in light
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 concerning this AD.

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 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.

Examining the AD Docket

    You may examine the AD docket that contains the AD, the regulatory
evaluation, any comments received, and other information 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 Docket Office (telephone<PHONE_NUMBER>)
is located at the street address stated 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 adding the following new airworthiness
directive (AD):

2008-19-01 Harco Labs, Inc.: Amendment 39-15668; Docket No. FAA-
2008-0955; Directorate Identifier 2008-CE-040-AD.

Effective Date

    (a) This AD becomes effective on September 29, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Harco Labs, Inc. pitot/angle of attack
(AOA) probe part numbers (P/Ns) 100435-39, 100435-39-001, 100435-40,
and 100435-40-001; serial numbers 740000 through 799999; that are
installed on, but not limited to Eclipse Aviation Company Model
EA500 airplanes, certificated in any category, with:
    (1) A serial number in the range of 000001 through 000189 where
the affected probe was installed at manufacture; or
    (2) Any serial number where an affected probe was installed in
the field.

Unsafe Condition

    (d) This AD is the result of several reports of airspeed
disagree caution indication due to blockage within the pitot/AOA
system from freezing condensation. We are issuing this AD to detect
and correct improperly performing pitot/AOA probe heaters, which
could result in blockage within the pitot/AOA system from
condensation freezing with consequent incorrect indication of impact
air pressure (airspeed/AOA). This blockage could lead to the stall
warning becoming unreliable and the stick pusher, overspeed warning,
autopilot, and yaw damper to malfunction.

Compliance

    (e) To address this problem, you must do the following, unless
already done:

----------------------------------------------------------------------------------------------------------------
               Actions                             Compliance                            Procedures
----------------------------------------------------------------------------------------------------------------
(1) Do a logbook check of the         Before further flight after           The owner/operator holding at least
 maintenance records to determine if   September 29, 2008 (the effective     a private pilot certificate as
 any pitot/AOA probe (P/Ns 100435-     date of this AD).                     authorized by section 43.7 of the
 39, 100435-39-001, 100435-40, or                                            Federal Aviation Regulations (14
 100435-40-001) with any affected                                            CFR 43.7) may do the logbook check.
 serial number is installed. If, as                                          Make an entry into the aircraft
 a result of this check, you                                                 logbook showing compliance with
 positively identify that all (P/Ns                                          this portion of the AD in
 100435-39, 100435-39-001, 100435-                                           accordance with section 43.9 of the
 40, or 100435-40-001) pitot/AOA                                             Federal Aviation Regulations (14
 probes installed do not have a                                              CFR 43.9).
 serial number affected by this AD,
 then no further action is required.
----------------------------------------------------------------------------------------------------------------
(2) If you find, as a result of the   Before further flight after           The owner/operator holding at least
 check required by paragraph (e)(1)    September 29, 2008 (the effective     a private pilot certificate as
 of this AD any pitot/AOA probe with   date of this AD).                     authorized by section 43.7 of the
 an affected serial number is                                                Federal Aviation Regulations (14
 installed or you cannot positively                                          CFR 43.7) may insert the
 identify the serial number of any                                           information into the AFM as
 pitot/AOA probe installed,                                                  specified in paragraph (e)(2) of
 incorporate the following text into                                         this AD. You may insert a copy of
 the Limitations section of the                                              this AD into the Limitations
 airplane flight manual (AFM):                                               section of the AFM to comply with
(i) ``Operate Only under Day Visual                                          this action. Make an entry into the
 Flight Rules (VFR)''; and                                                   aircraft logbook showing compliance
(ii) ``File Only a VFR Flight                                                with this portion of the AD in
 Plan.''                                                                     accordance with section 43.9 of the
                                                                             Federal Aviation Regulations (14
                                                                             CFR 43.9).
----------------------------------------------------------------------------------------------------------------
(3) If you find any pitot/AOA probe   Within the next 90 days after         (i) For all probes installed in
 with an affected serial number is     September 29, 2008 (the effective     Eclipse Model EA500 airplanes, use
 installed or you cannot positively    date of this AD).                     Eclipse Aviation Alert Service
 identify the serial number of any                                           Bulletin SB 500-34-019, Rev C,
 pitot/AOA probe installed, test the                                         dated August 20, 2008; and (ii) For
 pitot/AOA probe heater performance.                                         all probes, use Harco Labs, Inc.
 Completion of the test with all                                             Service Bulletin SB-34-10-10-001,
 pitot/AOA probes passing terminates                                         Revision F, dated August 19, 2008,
 the AFM operational limitations                                             and Harco Pitot AOA Probe Internal
 required in paragraph (e)(2) of                                             Tubing Heater Verification Test
 this AD.                                                                    Procedure No. P1149, Rev: E, also
                                                                             referenced in 8. Appendix A of
                                                                             Harco Labs, Inc. Service Bulletin
                                                                             SB-34-10-10-001 Revision F, dated
                                                                             August 19, 2008.
----------------------------------------------------------------------------------------------------------------
(4) If any pitot/AOA probe fails the  Within the next 90 days after         Replace following Eclipse Aviation
 test procedure specified in           September 29, 2008 (the effective     Alert Service Bulletin SB 500-34-
 paragraph (e)(3) of this AD,          date of this AD).                     019, Rev C, dated August 20, 2008,
 replace it with a pitot/AOA probe                                           or following an FAA-approved repair
 under the following situations:                                             procedure (e.g. the FAA-approved
(i) the replacement pitot/AOA probe                                          aircraft maintenance manual), as
 serial number is not affected by                                            applicable.
 this AD;
(ii) the replacement pitot/AOA probe
 successfully passes the test
 procedure in paragraph (e)(3) of
 this AD; or
(iii) the replacement pitot/AOA
 probe fails the test or is not
 tested and you:
(A) comply with paragraph (e)(2) of
 this AD; and
(B) within the next 90 days after
 September 29, 2008, install a pitot/
 AOA probe that meets the criteria
 of paragraph (e)(4)(i) or
 (e)(4)(ii) of this AD.
----------------------------------------------------------------------------------------------------------------
(5) Do not install any P/N 100435-    As of September 29, 2008 (the         Not applicable.
 39, 100435-39-001, 100435-40, or      effective date of this AD).
 100435-40-001 pitot/AOA probe
 unless the criteria of paragraph
 (e)(4)(i), (e)(4)(ii), or
 (e)(4)(iii) of this AD are met.
----------------------------------------------------------------------------------------------------------------
(6) Remove the operating limitations  Before further flight after           Not applicable.
 specified in paragraph (e)(2) of      completion of the test in paragraph
 this AD from the Limitations          (e)(3) of this AD with all pitot/
 section of the AFM.                   AOA probes passing or replacement
                                       of all failed pitot/AOA probes
                                       with: (i) pitot/AOA probes having
                                       serial numbers not affected by this
                                       AD; or (ii) pitot/AOA probes
                                       successfully passing the test
                                       following paragraph (e)(3) of this
                                       AD.
----------------------------------------------------------------------------------------------------------------

    (f) If you are required to accomplish paragraph (e)(3) of this
AD, previously tested the pitot/AOA probe using Harco Labs, Inc.
Service Bulletin SB-34-10-10-001, Revision E or earlier, and have a
copy of the Pitot AOA Probe Internal Tubing Heater Verification

Test Procedure Data Sheet for the probe being tested, you may use
that data to accomplish procedure 3.1 Lines 1 through 14 or
procedure 3.2 Lines 1 though 14, of Harco Pitot AOA Probe Internal
Tubing Heater Verification Test Procedure No. P1149, Rev: E, also
referenced in 8. Appendix A of Harco Labs, Inc. Service Bulletin SB-
34-10-10-001 Revision F, dated August 20, 2008.

Special Flight Permit

    (g) Under 14 CFR 39.23, we are limiting the special flight
permits for this AD by requiring you to follow the limitations in
paragraph (e)(2) of this AD (``Operate Only under Day Visual Flight
Rules (VFR)'' and ``File Only a VFR Flight Plan'').

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, Boston Aircraft Certification 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: Solomon
Hecht, Aerospace Engineer, 12 New England Executive Park,
Burlington, Massachusetts 01803; telephone:<PHONE_NUMBER>; fax:
(781) 238-7170. 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.

Material Incorporated by Reference

    (i) You must use Harco Labs, Inc. Service Bulletin SB-34-10-10-
001, Revision F, dated August 19, 2008; Harco Pitot AOA Probe
Internal Tubing Heater Verification Test Procedure No. P1149 Rev: E
also referenced in 8. Appendix A of Harco Labs, Inc. Service
Bulletin SB-34-10-10-001, Revision F, dated August 19, 2008; and
Eclipse Aviation Alert Service Bulletin SB 500-34-019, Rev C, dated
August 20, 2008, to do the actions required by this AD, unless the
AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact Harco
Labs, Inc. 186 Cedar Street, Branford, Connecticut 06405; telephone:
(203) 483-3700; fax:<PHONE_NUMBER> and Eclipse Aviation, 2503 Clark
Carr Loop SE, Albuquerque, New Mexico 87106; telephone: (505) 245-
7555; fax:<PHONE_NUMBER>.
    (3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; 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/code_
of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on August 29, 2008.
Brian A. Yanez,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-20702 Filed 9-8-08; 8:45 am]

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