[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Rules and Regulations]
[Pages 15410-15411]
[FR Doc No: 2021-05770]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0573]
RIN 1625-AA09

Drawbridge Operation Regulation; Little Manatee River, Ruskin,
Hillsborough County, FL

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that
governs the Seaboard Systems Railroad Bridge across the Little Manatee
River, mile 2.4, in Ruskin, Hillsborough County, FL. This rule updates
the name of the swing bridge and allow the swing bridge to be operated
remotely. The draw is maintained in the closed position and will open
with a three hour notice to the remote bridge tender.

DATES: This rule is effective April 22, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2020-0573 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Clark W. Sanford with Coast Guard Sector St Petersburg
Florida, Waterways Office; telephone<PHONE_NUMBER> x8105, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On October 20, 2020, the Coast Guard published a notice of proposed
rulemaking entitled ``Drawbridge Operation Regulation; Little Manatee
River, Ruskin, Hillsborough County, FL'' in the Federal Register (85 FR
66501). The NPRM invited comments on the proposed rule change. One
comment was received from the bridge owner and will be addressed in
section IV.

III. Legal Authority and Need for Rule

    The bridge owner, CSX Transportation, requested the Coast Guard
consider allowing remote operation of the Seaboard System Railroad
Bridge across the Little Manatee River, mile 2.4, in Ruskin,
Hillsborough County, Florida. The Seaboard System Railroad Bridge
across the Little Manatee River, mile 2.4, in Ruskin, Hillsborough
County, FL is a swing bridge. The bridge is currently maintained in the
closed position with a three hour advance notification for an opening.
It has a vertical clearance of 5 feet at mean high water in the closed
position and a horizontal clearance of 35 feet.
    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard is modifying the operating schedule that governs
the Seaboard System Railroad Bridge across the Little Manatee River,
mile 2.4, in Ruskin, Hillsborough County, FL. The bridge is currently
unmanned and maintained in the closed position.
    The bridge owner provided one comment. CSX requested the wording
regarding the detection sensors be modified. The detection sensors will
not detect approaching vessels but vessels that are within the radius
of the swing span of the bridge. This change was made to the regulatory
text in paragraph (c).
    This rule allows the bridge to be remotely monitored and operated.
Visual monitoring of the waterway shall be maintained with the use of
cameras and the detection of vessels approaching the span shall be
accomplished with detection sensors. Marine radio communication shall
be maintained with mariners near the bridge for the safety of
navigation. The remote tender may also be contacted via telephone at
(813) 677-3974. The span is normally in the fully closed position and
will display red lights to indicate that the span is fully closed. This
rule would allow vessels to pass through the bridge while taking into
account the reasonable needs of other modes of transportation.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the ability that
vessels can still transit the bridge given advanced notice. Vessels
that can transit under the bridge without an opening may do so at any
time.

B. 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 received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator. Under section 213(a) of the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want
to assist small entities in understanding this rule. If the rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to

the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1 of
the U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
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; and Department of
Homeland Security Delegation No. 0170.1.

0
2. Revise Sec.  117.297 to read as follows:

Sec.  117.297  Little Manatee River.

    The draw for the CSX Railroad Bridge, mile 2.4 near Ruskin, FL,
shall operate as follows:
    (a) The bridge is normally maintained in the closed position.
    (b) The bridge is not tendered locally, but will be monitored and
operated by a remote bridge tender.
    (c) Marine radio communication shall be maintained, by the remote
bridge tender, with mariners near the bridge for the safety of
navigation. Visual monitoring of the waterway shall be maintained with
the use of cameras. Detection sensors shall be installed for the
detection of vessels within the radius of the swing span of the bridge.
    (d) The draw must open on signal if at least three hours advance
notice is requested via marine radio channel 9 VHF or telephone (813)
677-3974.
    (e) The bridge shall not be operated from the remote location in
the following events: Failure or obstruction of the detection sensors,
cameras, or marine radio communications. In these situations, a bridge
tender must be on-site and locally operate the bridge.

    Dated: March 15, 2021.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2021-05770 Filed 3-22-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Proposed Rules]
[Pages 38096-38098]
[FR Doc No: 2018-16575]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0703; Product Identifier 2018-NM-007-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
The Boeing Company Model 747-8 and 747-8F series airplanes. This
proposed AD was prompted by reports of damaged vapor seals, block
seals, and heat shield seals on the outboard pylons between the engine
strut and aft fairing. This proposed AD would require installing new
aft fairing vapor seals, heatshield seals, heatshield seal retainers,
block seals and outboard lateral restraint access panels. We are
proposing this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by September 17,
2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this referenced service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2018-0703.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0703; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Christopher Baker, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0703;
Product Identifier 2018-NM-007-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received reports of damaged vapor seals, block seals, and
heat shield seals on the outboard pylons between the engine strut and
aft fairing. Such damage could allow flammable fluid leakage out of the
aft fairing. This condition, if not addressed, could result in an
uncontrolled fire in the engine strut.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 747-54A2247, dated August
3, 2017. This service information describes procedures for installing
new aft fairing vapor seals, heatshield seals, heatshield seal
retainers, block seals, and outboard lateral restraint access panels.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishment of the actions
identified as ``RC'' (required for compliance) in the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-54A2247, dated August
3, 2017, described previously, except as discussed under ``Differences
Between this Proposed AD and the Service Information,'' and except for
any differences identified as exceptions in the regulatory text of this
proposed AD.
    For information on the procedures and compliance times, see this
service information at http://www.regulations.gov by searching for and
locating Docket No. FAA-2018-0703.

Differences Between This Proposed AD and the Service Information

    The applicability in this proposed AD does not refer to paragraph
1.A., ``Effectivity,'' of Boeing Alert Service Bulletin 747-54A2247,
dated August 3, 2017. The service information does not contain a
comprehensive list of the airplanes affected by the identified unsafe
condition because the spare parts identified in paragraph (j) of this
AD have been determined to be rotable parts that are capable of being
installed on all Model 747-8 and 747-8F series airplanes. Therefore,
the applicability of

this proposed AD is all Model 747-8 and 747-8F series airplanes. We
have coordinated this difference with Boeing.

Costs of Compliance

    We estimate that this proposed AD affects 13 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Installation of vapor seals,            136 work-hours x $85 per         $21,910         $33,470        $435,110
 heatshield seals, heatshield seal       hour = $11,560.
 retainers, block seals, and outboard
 lateral restraint access panels.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. We do not control warranty coverage for
affected individuals. As a result, we have included all available costs
in our cost estimate.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

The Boeing Company: Docket No. FAA-2018-0703; Product Identifier
2018-NM-007-AD.

(a) Comments Due Date

    We must receive comments by September 17, 2018.

(b) Affected ADs

    This AD affects AD 2017-04-13, Amendment 39 18808 (82 FR 11795,
February 27, 2017) (``2017-04-13'').

(c) Applicability

    This AD applies to all The Boeing Company Model 747-8 and 747-8F
series airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
pylons.

(e) Unsafe Condition

    This AD was prompted by reports of damaged vapor seals, block
seals, and heat shield seals on the outboard pylons between the
engine strut and aft fairing. We are issuing this AD to address heat
damage to the vapor seals between the engine strut and aft fairing.
Such damage could allow flammable fluid leakage out of the aft
fairing, which could result in an uncontrolled fire in the engine
strut.

(f) Compliance

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

(g) Required Actions

    (1) For airplanes identified in Boeing Alert Service Bulletin
747-54A2247, dated August 3, 2017: Except as required by paragraph
(h) of this AD, at the applicable times specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-54A2247, dated
August 3, 2017, do all applicable actions identified as ``RC''
(required for compliance) in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
54A2247, dated August 3, 2017.
    (2) For airplanes not identified in Boeing Alert Service
Bulletin 747-54A2247, dated August 3, 2017: Within 4 years or 4,800
flight cycles after the effective date of this AD, whichever occurs
first, inspect to determine if any part number identified in
paragraph (j) of this AD is installed. If any part number specified
in paragraph (j) of this AD is installed, within 4 years or 4,800
flight cycles after the effective date of this AD, whichever occurs
first, replace the part with a part number that is identified as an
acceptable replacement in Boeing Alert Service Bulletin 747-54A2247,
dated August 3, 2017.

(h) Exceptions to Service Information Specifications

    For purposes of determining compliance with the requirements of
this AD: Where Boeing Alert Service Bulletin 747-54A2247, dated
August 3, 2017, uses the phrase ``the original issue date of this
service bulletin,''

this AD requires using ``the effective date of this AD.''

(i) Terminating Action for Repetitive Inspections

    Accomplishing the actions specified in paragraphs (g)(1) or
(g)(2) of this AD, as applicable, terminates all requirements of AD
2017-04-13.

(j) Parts Installation Prohibition

    As of the effective date of this AD, do not install an access
panel lateral restraint with part numbers (P/Ns) 321U8595-1,
321U8595-2, 321U8595-3 and 321U8595-4; a vapor seal with P/N
323U8452-3; a block seal with P/N 323U8452-2; a heatshield seal with
P/N 323U8852-1; and a heatshield seal retainer P/N 323U8852-2; on
any airplane.

 (k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (l)(1) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO Branch, FAA, to make those findings. To be
approved, the repair method, modification deviation, or alteration
deviation must meet the certification basis of the airplane, and the
approval must specifically refer to this AD.
    (4) Except as required by paragraph (h) of this AD: For service
information that contains steps that are labeled as RC, the
provisions of paragraphs (k)(4)(i) and (k)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(l) Related Information

    (1) For more information about this AD, contact Christopher
Baker, Aerospace Engineer, Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th Street, Des Moines, WA 98198; phone and
fax:<PHONE_NUMBER>; email: [email protected].
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on July 25, 2018.
James Cashdollar,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-16575 Filed 8-2-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 231 (Tuesday, December 2, 2014)]
[Rules and Regulations]
[Pages 71304-71308]
[FR Doc No: 2014-27632]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0776; Directorate Identifier 2013-NM-240-AD;
Amendment 39-18033; AD 2014-23-17]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2013-20-06 for
all Airbus Model A340-211, -212, -213, -311, -312, -313, -541, and -642
airplanes. AD 2013-20-06 required revising the maintenance program to
incorporate certain maintenance requirements and airworthiness
limitations. This new AD requires revising the maintenance or
inspection program to incorporate certain other maintenance
requirements and airworthiness limitations. This AD was prompted by a
determination that existing maintenance requirements are not adequate
to address the aging effects of aircraft systems. We are issuing this
AD to address the aging effects of aircraft systems. Such aging effects
could change the characteristics of systems' life-limited components
leading to an increased potential for failure, which, in isolation or
in combination with one or more other specific failures or events,
could result in failure of certain life limited parts, which could
reduce the structural integrity or the controllability of the airplane.

DATES: This AD becomes effective December 17, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 17,
2014.
    We must receive comments on this AD by January 16, 2015.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this AD, contact Airbus SAS,
Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80;
email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0776; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On September 17, 2013, we issued AD 2013-20-06, Amendment 39-17612
(78 FR 64156, October 28, 2013). AD 2013-20-06 applied to all Airbus
Model A340-211, -212, -213, -311, -312, -313, -541, and -642 airplanes.
AD 2013-20-06 was prompted by a determination that existing maintenance
requirements were are not adequate to address the unsafe condition. AD
2013-20-06 required revising the maintenance program to incorporate
certain maintenance requirements and airworthiness limitations. We
issued AD 2013-20-06 to address the aging effects of aircraft systems.
Such aging effects could change the characteristics of systems life-
limited components leading to an increased potential for failure,
which, in isolation or in combination with one or more other specific
failures or events, could result in failure of certain life limited
parts, which could reduce the structural integrity or the
controllability of the airplane.
    Since we issued AD 2013-20-06, Amendment 39-17612 (78 FR 64156,
October 28, 2013), we determined that existing maintenance requirements
are not adequate to address the aging effects of aircraft systems.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0269, dated November 7, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition all Airbus Model A340-
211, -212, -213, -311, -312, -313, -541, and -642 airplanes. The MCAI
states:

    The airworthiness limitations for Airbus aeroplanes are
currently published in Airworthiness Limitations Section (ALS)
documents.
    The airworthiness limitations applicable to the Ageing Systems
Maintenance (ASM) are given in Airbus A340 ALS Part 4, which is
approved by EASA.
    Revision 03 of Airbus A340 ALS Part 4 introduces more
restrictive maintenance requirements and/or airworthiness
limitations. Failure to comply with these instructions could result
in an unsafe condition.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2012-0021 (http://ad.easa.europa.eu/ad/2012-0021) [which corresponds to FAA AD 2013-20-06, Amendment 39-17612
(78 FR 64156, October 28, 2013)], which is superseded, and requires
accomplishment of the actions specified in Airbus A340 ALS Part 4 at
Revision 03.
    In addition, this [EASA] AD also supersedes EASA AD 2008-0026
(http://ad.easa.europa.eu/ad/2008-0026) [which corresponds to FAA AD
2010-15-02, Amendment 39-16368 (75 FR 42589, July 22, 2010)] and
EASA AD 2008-0160 (http://ad.easa.europa.eu/ad/2008-0160) [which
corresponds to FAA AD 2009-18-20, Amendment 39-16017 (74 FR 46313,
September 9, 2009)], whose requirements applicable to A340
aeroplanes have been transferred into Airbus A340 ALS Part 4.

The unsafe condition is the aging effects of aircraft systems. Such
aging effects could change the characteristics of systems' life-limited
components leading to an increased potential for failure, which, in
isolation or in combination with one or more other specific failures or
events, could result in failure of certain life limited parts, which
could reduce the structural integrity or the controllability of the
airplane. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0776.

Relevant Service Information

    Airbus has issued A340 Airworthiness Limitations Section (ALS) Part
4--Ageing Systems Maintenance, Revision 03, dated November 15, 2012.
The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    This AD requires revisions to certain operator maintenance
documents to include new inspections. Compliance with these inspections
is required by 14 CFR 91.403(c). For airplanes that have been
previously modified, altered, or repaired in the areas addressed by
these inspections, the operator may not be able to accomplish the
inspections described in the revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator must request approval for an
alternative method of compliance according to paragraph (k) of this AD.
The request should include a description of changes to the required
inspections that will ensure the continued operational safety of the
airplane.
    There are no products of this type currently registered in the
United States.

However, this rule is necessary to ensure that the described unsafe
condition is addressed if any of these products are placed on the U.S.
Register in the future.

Differences Between This AD and MCAI or Service Information

    This AD incorporates Airbus A340 ALS Part 4--Ageing Systems
Maintenance, Revision 03, dated November 15, 2012, including the
compliance times for the actions. However, the compliance times for
certain initial actions are different from those specified in Airbus
A340 ALS Part 4--Ageing Systems Maintenance, Revision 03, dated
November 15, 2012, because the actions and associated compliance times
were required by AD 2009-18-20, Amendment 39-16017 (74 FR 46313,
September 9, 2009). Therefore, the initial compliance time for these
actions is relative to the effective date of the applicable superseded
AD, as specified in paragraph (h) of this AD.
    The MCAI specifies that if there are findings from the ALS
inspection tasks, corrective actions must be accomplished in accordance
with Airbus maintenance documentation. However, this AD does not
include that requirement. Operators of U.S.-registered airplanes are
required by general airworthiness and operational regulations to
perform maintenance using methods that are acceptable to the FAA. We
consider those methods to be adequate to address any corrective actions
necessitated by the findings of ALS inspections required by this AD.

Related Rulemaking

    Certain maintenance requirements specified in A340 ALS Part 4--
Ageing Systems Maintenance, Revision 03, dated November 15, 2012, are
already required by other ADs. Therefore, accomplishing the actions
required by this AD will terminate the requirements of the following
ADs for Model A340 airplanes.
     AD 2003-14-11, Amendment 39-13230 (68 FR 41521, July 14,
2003).
     AD 2004-11-08, Amendment 39-13654 (69 FR 31874, June 8,
2004).
     AD 2004-13-25, Amendment 39-13707 (69 FR 41394, July 9,
2004).
     AD 2004-18-14, Amendment 39-13793 (69 FR 55326, September
14, 2004).
     AD 2007-05-12, Amendment 39-14973 (72 FR 10057, March 7,
2007).
     AD 2008-06-07, Amendment 39-15419 (73 FR 13103, March 12,
2008; corrected April 15, 2008 (73 FR 20367)).
     AD 2012-04-07, Amendment 39-16963 (77 FR 12989, March 5,
2012).
     AD 2009-18-20, Amendment 39-16017 (74 FR 46313, September
9, 2009), which requires the identification and modification of certain
standard spoiler servo-controls; and
     AD 2010-15-02, Amendment 39-16368 (75 FR 42589, July 22,
2010), which requires various detailed visual inspections for corrosion
and wear detection of the input gear box and down drive shafts of all
wing flap tracks and corrective actions.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2014-0776; Directorate
Identifier 2013-NM-240-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 0 airplanes of U.S. registry.
    We estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost $0 per product. Based on
these figures, we estimate the cost of this AD on U.S. operators to be
$85 per product.

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 the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2013-20-06, Amendment 39-17612 (78 FR 64156, October 28, 2013), and
adding the following new AD:

2014-23-17 Airbus: Amendment 39-18033. Docket No. FAA-2014-0776;
Directorate Identifier 2013-NM-240-AD.

(a) Effective Date

    This AD becomes effective December 17, 2014.

(b) Affected ADs

    (1) This AD replaces AD 2013-20-06, Amendment 39-17612 (78 FR
64156, October 28, 2013).
    (2) This AD affects the requirements of the ADs specified in
paragraphs (j)(1) through (j)(9) of this AD.

(c) Applicability

    This AD applies to Airbus Model A340-211, -212, -213, -311, -
312, -313, -541, and -642 airplanes, certificated in any category,
all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that existing
maintenance requirements are not adequate to address the aging
effects of aircraft systems. We are issuing this AD to address the
aging effects of aircraft systems. Such aging effects could change
the characteristics of systems life-limited components leading to an
increased potential for failure, which, in isolation or in
combination with one or more other specific failures or events,
could result in failure of certain life limited parts, which could
reduce the structural integrity or the controllability of the
airplane.

(f) Compliance

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

(g) Maintenance/Inspection Program Revision

    Within 6 months after the effective date of this AD, revise the
maintenance program or inspection program, as applicable, by
incorporating Airbus A340 Airworthiness Limitations Section (ALS)
Part 4--Ageing Systems Maintenance, Revision 03, dated November 15,
2012. The initial compliance times for the actions are within the
applicable compliance time specified in the Record of Revisions page
of Airbus A340 ALS Part 4--Ageing Systems Maintenance, Revision 03,
dated November 15, 2012, or within 6 months after the effective date
of this AD, whichever is later, except as required by paragraph (h)
of this AD.

(h) Exceptions to Initial Compliance Times

    (1) Where Airbus A340 ALS Part 4--Ageing Systems Maintenance,
Revision 03, dated November 15, 2012, defines a calendar compliance
time for the modification of spoiler servo-controls having part
numbers MZ4339390-01X; MZ4306000-01X; MZ4339390-02X; MZ4306000-02X;
MZ4339390-10X; and MZ4306000-10X as ``March 5, 2010,'' the calendar
compliance time is April 14, 2011 (18 months after October 14, 2009
(the effective date of AD 2009-18-20, Amendment 39-16017 (74 FR
46313, September 9, 2009)).
    (2) Where Note 6 of ``ATA 27-64, Flight Control--Spoiler
Hydraulic Actuation, (Fig. 09),'' of Sub-part 4-2-1, Life Limits, of
Sub-part 4-2, Systems Life--Limited Components, of the Airbus A340
ALS, Part 4--Ageing Systems Maintenance, Revision 03, dated November
15, 2012, defines a calendar date of ``September 5, 2008,'' as a
date for the determination of accumulated flight cycles since the
aircraft's initial entry into service, the calendar compliance time
is October 14, 2009 (the effective date of AD 2009-18-20, Amendment
39-16017 (74 FR 46313, September 9, 2009)).
    (3) Where Note 6 of ``ATA 27-64 Flight Control--Spoiler
Hydraulic Actuation, (Fig. 09),'' of Sub-part 4-2-1, Life Limits, of
Sub-part 4-2, Systems Life--Limited Components, of the Airbus A340
ALS, Part 4--Ageing Systems Maintenance, Revision 03, dated November
15, 2012, defines a calendar compliance time of ``March 5, 2010,''
for the modification of affected servo-controls, the calendar
compliance time is April 14, 2011 (18 months after October 14, 2009
(the effective date of AD 2009-18-20, Amendment 39-16017 (74 FR
46313, September 9, 2009)).

(i) Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (g) of
this AD, no alternative actions (e.g., inspections) or intervals may
be used unless the actions or intervals are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (k)(1) of this AD.

(j) Terminating Action for Other ADs

    Accomplishing the revision of the maintenance program and
complying with all applicable instructions and airworthiness
limitations required by paragraph (g) of this AD terminates the
requirements of the ADs specified in paragraphs (j)(1) through
(j)(9) of this AD for Model A340 airplanes only.
    (1) AD 2003-14-11, Amendment 39-13230 (68 FR 41521, July 14,
2003).
    (2) AD 2004-11-08, Amendment 39-13654 (69 FR 31874, June 8,
2004).
    (3) AD 2004-13-25, Amendment 39-13707 (69 FR 41394, July 9,
2004).
    (4) AD 2004-18-14, Amendment 39-13793 (69 FR 55326, September
14, 2004).
    (5) AD 2007-05-12, Amendment 39-14973 (72 FR 10057, March 7,
2007).
    (6) AD 2008-06-07, Amendment 39-15419 (73 FR 13103, March 12,
2008; corrected April 15, 2008 (73 FR 20367)).
    (7) AD 2009-18-20, Amendment 39-16017 (74 FR 46313, September 9,
2009).
    (8) AD 2010-15-02, Amendment 39-16368 (75 FR 42589, July 22,
2010).
    (9) AD 2012-04-07, Amendment 39-16963 (77 FR 12989, March 5,
2012).

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA); or Airbus's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.

(l) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
European Aviation Safety Agency Airworthiness Directive 2013-0269,
dated November 7, 2013, for related information. You may examine the
MCAI on the Internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2014-0776.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus A340 Airworthiness Limitations Section (ALS) Part 4--
Ageing Systems Maintenance, Revision 03, dated November 15, 2012.
The revision date of this document is not identified on the title
page of this document. Also, the revision level of this document is
identified on only the title page and in the Record of Revisions
section of this document.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call

202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on November 13, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-27632 Filed 12-1-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 185 (Monday, September 24, 2012)]
[Notices]
[Page 58829]
[FR Doc No: 2012-23427]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of FERC Staff Attendance at Entergy/Cleco Teleconference
on Order No. 1000

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of its staff may participate in the teleconference
noted below. Their participation is part of the Commission's ongoing
outreach efforts.

Entergy/Cleco Teleconference on Order No. 1000 Compliance

September 19, 2012 (2-4pm EDT)

    The discussions may address matters at issue in the following
proceedings:

Docket No. OA07-32, Entergy Services, Inc.
Docket No. EL00-66, Louisiana Public Service Commission v. Entergy
Services, Inc.
Docket No. EL01-88, Louisiana Public Service Commission v. Entergy
Services, Inc.
Docket No. EL07-52, Louisiana Public Service Commission v. Entergy
Services, Inc.
Docket No. EL08-60, Ameren Services Co. v. Entergy Services, Inc.
Docket No. EL09-43, Arkansas Public Service Commission v. Entergy
Services, Inc.
Docket No. EL09-50, Louisiana Public Service Commission v. Entergy
Services, Inc.
Docket No. EL09-61, Louisiana Public Service Commission v. Entergy
Services, Inc.
Docket No. EL10-55, Louisiana Public Service Commission v. Entergy
Services, Inc.
Docket No. EL10-65, Louisiana Public Service Commission v. Entergy
Services, Inc.
Docket No. EL11-34, Midwest Independent System Transmission Operator,
Inc.
Docket No. EL11-63, Louisiana Public Service Commission v. Entergy
Services, Inc.
Docket No. ER05-1065, Entergy Services, Inc.
Docket No. ER07-682, Entergy Services, Inc.
Docket No. ER07-956, Entergy Services, Inc.
Docket No. ER08-1056, Entergy Services, Inc.
Docket No. ER09-833, Entergy Services, Inc.
Docket No. ER09-1224, Entergy Services, Inc.
Docket No. ER10-794, Entergy Services, Inc.
Docket No. ER10-1350, Entergy Services, Inc.
Docket No. ER10-1676, Entergy Services, Inc.
Docket No. ER10-2001, Entergy Arkansas, Inc.
Docket No. ER10-3357, Entergy Arkansas, Inc.
Docket No. ER11-2131, Entergy Arkansas, Inc.
Docket No. ER11-2132, Entergy Gulf States, Louisiana, LLC
Docket No. ER11-2133, Entergy Gulf States, Louisiana, LLC
Docket No. ER11-2134, Entergy Mississippi, Inc.
Docket No. ER11-2135, Entergy New Orleans, Inc.
Docket No. ER11-2136, Entergy Texas, Inc.
Docket No. ER11-3156, Entergy Arkansas, Inc.
Docket No. ER11-3657, Entergy Arkansas, Inc.
Docket No. ER12-480, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-1378-000, Cleco Power LLC
Docket No. ER12-1379-000, Cleco Power LLC
Docket No. ER12-2390, Entergy Services, Inc.

    The meeting is open to the public.
    For more information, contact Peter Nagler, Office of Energy Market
Regulation, Federal Energy Regulatory Commission at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    Dated: September 17, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-23427 Filed 9-21-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 212 (Friday, November 1, 2019)]
[Notices]
[Pages 58723-58724]
[FR Doc No: 2019-23875]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-D-0880]

Assessing User Fees Under the Generic Drug User Fee Amendments of
2017; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry entitled ``Assessing
User Fees under the Generic Drug User Fee Amendments of 2017.'' This
draft guidance provides stakeholders information regarding the
implementation of the Generic Drug User Fee Amendments of 2017 (GDUFA
II) and policies and procedures surrounding its application. This draft
guidance revises and replaces FDA's draft guidance for industry
entitled ``Assessing User Fees under the Generic Drug User Fee
Amendments of 2017,'' published in October 2017.

DATES: Submit either electronic or written comments on the draft
guidance by December 31, 2019 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for

information submitted, marked and identified, as confidential, if
submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2012-D-0880 for ``Assessing User Fees Under the Generic Drug User
Fee Amendments of 2017; Draft Guidance for Industry.'' Received
comments will be placed in the docket and, except for those submitted
as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of this draft guidance to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one
self-addressed adhesive label to assist that office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Keith Verrett, Division of User Fee
Management and Budget Formulation Staff, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, Rm. 2179, Silver Spring, MD 20993,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Assessing User Fees under the Generic Drug User Fee
Amendments of 2017.'' GDUFA II (Pub. L. 115-52, Title III), signed into
law by the President on August 18, 2017, continues FDA's and industry's
goal to improve public access to safe and effective generic drugs and
to improve upon the predictability of the review process. GDUFA II
extends FDA's authority to collect user fees from fiscal year (FY) 2018
to FY 2022 and introduces a number of technical revisions that affect
what fees are collected and how some fees are collected.
    The draft guidance announced in this notice revises and replaces
the draft guidance for industry on ``Assessing User Fees under the
Generic Drug User Fee Amendments of 2017.'' This draft guidance
addresses changes in user fee assessments from GDUFA I, user fees
incurred by industry under GDUFA II, payment procedures,
reconsideration and appeals, and other additional information to assist
industry in complying with GDUFA II. Clarifying language was added to
the revised draft guidance based on the public comments submitted for
the draft guidance.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``Assessing
User Fees Under the Generic Drug User Fee Amendments of 2017.'' It does
not establish any rights for any person and is not binding on FDA or
the public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    This draft guidance contains information collection provisions that
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
draft guidance refers to collections of information for filling out and
submitting Form FDA 3913 (User Fee Payment Refund Request), previously
approved under OMB control number 0910-0805, and Form FDA 3914 (User
Fee Payment Transfer Request), previously approved under OMB control
number 0910-0805.

III. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at either https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or
https://www.regulations.gov.

    Dated: October 28, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-23875 Filed 10-31-19; 8:45 am]
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