[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Rules and Regulations]
[Pages 13972-13974]
[FR Doc No: 2016-06019]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 736, 740, and 746

[Docket No. 160303178-6178-01]
RIN 0694-AG86

Cuba: Revisions to License Exceptions and Licensing Policy

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule allows vessels departing the United States on
temporary sojourn to Cuba with cargo for other destinations to travel
to Cuba under a license exception rather than having to obtain a
license for the cargo bound for those other destinations to transit
Cuba. This rule also authorizes exports of certain items to persons
authorized by the Department of the Treasury to establish and maintain
a physical or business presence in Cuba. Finally, the rule would adopt
a licensing policy of case-by-case review for exports and reexports of
items that would enable or facilitate export of items produced by the
private sector in Cuba, subject to certain limitations.

DATES: Effective March 16, 2016.

FOR FURTHER INFORMATION CONTACT: Foreign Policy Division, Bureau of
Industry and Security, Phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On December 17, 2014, the President announced a historic new
approach in U.S. policy toward Cuba. This approach recognized that
increased engagement and commerce benefits the American and Cuban
people, and sought to make the lives of ordinary Cubans easier and more
prosperous. On January 16, 2015, the Bureau of Industry and Security
(BIS) amended the Export Administration Regulations (EAR) to create
License Exception Support for the Cuban People (SCP), which authorizes
the export and reexport, without a license, of certain items to, among
other objectives, improve the living conditions of the Cuban people
(see 80 FR 2286). The rule also made other changes to license
exceptions and licensing policy. Id.
    On July 22, 2015, BIS published a rule implementing the May 29,
2015, rescission of Cuba's designation as a state sponsor of terrorism
(see 80 FR 43314). That rule expanded certain license exception
availability for exports and reexports to Cuba, including making
general aviation aircraft eligible for temporary sojourns to Cuba.
    On September 21, 2015, BIS published a rule to enhance support for
the Cuban people (see 80 FR 56898). This rule expanded the scope of
transactions that are eligible for License Exception SCP and made
certain vessels on temporary sojourn to Cuba eligible for a license
exception.
    On January 27, 2016, BIS published a rule that amended the
licensing policy in Sec.  746.2 of the EAR to add a general policy of
approval for certain exports and reexports previously subject to case-
by-case review and a policy of case-by-case review for exports and
reexports of items not eligible for License Exception SCP to meet the
needs of the Cuban people, including exports and reexports made to
state-owned enterprises and agencies and organizations of the Cuban
government that provide goods and services to the Cuban people, subject
to certain restrictions (see 81 FR 4580).
    Today, BIS is taking this action in coordination with the
Department of the Treasury, Office of Foreign Assets Control (OFAC),
which is amending the Cuban Assets Control Regulations (31 CFR part
515).
    This rule revises License Exception Aircraft, Vessels and
Spacecraft (AVS) in Sec.  740.15 to authorize transit through Cuban
territory of cargo, laden aboard a vessel on temporary sojourn to Cuba,
that is destined for other countries rather than require a license for
that cargo to transit Cuban territory provided that such cargo departs
with the vessel at the end of its temporary sojourn, does not enter the
Cuban economy and is not transferred to another vessel while in Cuba.
This change allows for efficient use of vessels that carry cargo from
the United States to Cuba and to other countries and allows exporter
carriers to select efficient routes. This rule also adds a note
reminding readers to consult Coast Guard regulations on unauthorized
entry into Cuban territorial waters.
    This rule revises License Exception SCP to authorize export or
reexport of EAR99 items and items controlled on the Commerce Control
List only for anti-terrorism reasons for use by persons authorized to
establish and maintain a physical or business presence in Cuba by the
Department of the Treasury, Office of Foreign Assets Control pursuant
to 31 CFR 515.573 or pursuant to a specific license issued by OFAC.
Prior to this rule, License Exception SCP enumerated the activities for
which OFAC had authorized such physical or business presence by general
license. Simultaneously with the publication of this rule, OFAC is
publishing an amendment to 31 CFR 515.573 to authorize additional
persons subject to U.S. jurisdiction to establish a business and
physical presence in Cuba. BIS's intent is to authorize by license
exception the export and reexport of items needed to establish and
maintain a physical or business presence in Cuba, to all persons
authorized by OFAC to have such a presence. The simplest way to do this
is to reference the applicable section in OFAC's Cuban Assets Control
Regulations (``CACR''), i.e., 31 CFR 515.573 and specific licenses
issued by OFAC rather than to revise the EAR to repeat any changes made
to that CACR section.
    This rule also revises EAR licensing policy regarding Cuba to adopt
a policy of case-by-case review of license applications to export or
reexport items that will enable or facilitate exports from Cuba of
items produced by Cuba's private sector. BIS is adopting this policy to
reinforce the Cuba case-by-case licensing policy adopted prior to this
rule, which focuses on exports and reexports that would be used in ways
that meet the needs of the Cuban people. Enabling or facilitating
exports of items produced by the Cuban private sector, under certain
circumstances will also help meet the needs of the Cuban people and is
consistent with the Administration's policy of supporting the ability
of the Cuban people to gain greater control over their own lives and
determine their country's future. However, BIS will conduct the case-
by-case review consistent with the policy standard set forth in Sec.
746.2(b)(3)(i) of the EAR, which provides that ``BIS generally will
deny applications to export or reexport items for use by state-owned
enterprises, agencies, and other organizations that primarily generate
revenue for the state, including those engaged in tourism and those
engaged in the extraction or production of minerals or other raw
materials. Applications for export or reexport of items destined to the
Cuban military, police, intelligence or security services also
generally will be denied.''
    This rule revises Note 1 to Sec.  746.2(b)(3)(i) of the EAR, which
describes a condition that will generally be included on licenses to
prohibit reexport of the items authorized by the license or use of
those items to enable or facilitate exports from Cuba. The revision
makes clear that the condition applies to reexports from Cuba or uses
that enable or facilitate exports from Cuba that primarily generate
revenue for the state. BIS is making this change because enabling or
facilitating exports of items produced by the Cuban private sector
under certain circumstances will

help meet the needs of the Cuban people and is consistent with the
Administration's policy of supporting the ability of the Cuban people
to gain greater control over their own lives and determine their
country's future.

Specific Changes Made by This Rule

    This rule revises Sec.  736.2(b)(8) of the EAR, which prohibits
shipments from transiting certain destinations, to explicitly state
that the prohibition does not apply if a license or license exception
authorizes the in-transit shipment.
    This rule revises Sec.  740.15(d)(6) of the EAR to authorize
temporary sojourn to Cuba of a vessel carrying cargo destined to other
countries provided that such cargo departs with the vessel at the end
of its temporary sojourn to Cuba, does not enter the Cuban economy and
is not transferred to another vessel while in Cuba.
    This rule revises Sec.  740.21(e) to remove the individual
references to categories of persons authorized by OFAC to establish and
maintain a physical or business presence in Cuba pursuant to 31 CFR
515.573, and to authorize exports and reexports to all such persons and
to persons whose physical or business presence is authorized by a
specific license issued by OFAC.
    This rule revises Sec.  746.2(b)(3)(i), to add a paragraph
(b)(3)(i)(D), which sets a policy of case-by-case review of items that
will enable or facilitate export from Cuba of items produced by the
Cuban private sector. It also revises Note 1 to clarify that the
license condition described therein is intended to preclude use of
items authorized by licenses bearing that condition from being
reexported from Cuba or being used to enable or facilitate exports from
Cuba that primarily generate revenue for the state.
    BIS is making these changes to facilitate further support of and
engagement with the Cuban people.

Export Administration Act

    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March
8, 2013, 78 FR 16129 (March 13, 2013), and as extended by the Notice of
August 7, 2015, 80 FR 48233 (August 11, 2015), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act. BIS continues to carry out the provisions of the
Export Administration Act, as appropriate and to the extent permitted
by law, pursuant to Executive Order 13222 as amended by Executive Order
13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action,'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget (OMB).
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) control number. This rule
involves a collection of information approved under OMB control number
0694-0088--Simplified Network Application Processing+ System (SNAP+)
and the Multipurpose Export License Application, which carries an
annual estimated burden of 31,833 hours. BIS believes that this rule
will have no material impact on that burden. To the extent that it has
any impact, BIS believes that the benefits of this rule justify any
additional burden it creates. This rule does not impose any new license
requirements, it creates less restrictive licensing policies (i.e., the
policies under which the decision to approve or deny a license
application is made) for exports and reexports to Cuba. These less
restrictive policies might increase the number of license applications
submitted to BIS because applicants might be more optimistic about
obtaining approval. However, the benefit to license applicants in the
form of greater likelihood of approval justifies any additional burden.
Send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing the
burden, to Jasmeet K. Seehra, Office of Management and Budget, by email
at<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER> and to William Arvin
at<EMAIL_ADDRESS>    3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking and the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military or foreign affairs function
of the United States (see 5 U.S.C. 553(a)(1)). This rule is part of a
foreign policy initiative to change the nature of the relationship
between Cuba and the United States announced by the President on
December 17, 2014. Delay in implementing this rule to obtain public
comment would undermine the foreign policy objectives that the rule is
intended to implement. Further, no other law requires that a notice of
proposed rulemaking and an opportunity for public comment be given for
this rule. Because a notice of proposed rulemaking and an opportunity
for public comment are not required to be given for this rule under 5
U.S.C. 553, or by any other law, the requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable.

List of Subjects

15 CFR Part 736

    Exports.

15 CFR Part 740

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

15 CFR Part 746

    Exports, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, 15 CFR Chapter VII,
Subchapter C is amended as follows:

PART 736--[AMENDED]

0
1. The authority citation for part 736 continues to read as follows:

    Authority:  50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 2151 note; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp.,
p. 168; Notice of May 6, 2015, 80 FR 26815 (May 8, 2015); Notice of
August 7, 2015, 80 FR 48233 (August 11, 2015); Notice of November
12, 2015, 80 FR 70667 (November 13, 2015).

0
2. Section 736.2 is amended by revising paragraph (b)(8)(i) to read as
follows:

Sec.  736.2  General prohibitions and determination of applicability.

* * * * *
    (b) * * *
    (8) * * *
    (i) Unlading and shipping in transit. You may not export or
reexport an item through, or transit through a country listed in
paragraph (b)(8)(ii) of this section, unless a license exception or
license authorizes such an export or reexport directly to or transit
through such a country of transit, or unless such an export or reexport
is eligible to such a country of transit without a license.
* * * * *

PART 740--[AMENDED]

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

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of
August 7, 2015, 80 FR 48233 (August 11, 2015).

0
4. Section 740.15 is amended by revising paragraph (d)(6) to read as
follows:

Sec.  740.15  Aircraft, vessels and spacecraft (AVS).

* * * * *
    (d) * * *
    (6) Cuba--(i) Eligible vessels and purposes. Only the types of
vessels listed in this paragraph (d)(6)(i) departing for Cuba for the
purposes listed in this paragraph (d)(6)(i) may depart for Cuba
pursuant to this paragraph (d). Vessels used to transport both
passengers and items to Cuba may transport automobiles only if the
export or reexport of the automobiles to Cuba has been authorized by a
separate license issued by BIS (i.e., not authorized by license
exception).
    (A) Cargo vessels for hire for use in the transportation of items;
    (B) Passenger vessels for hire for use in the transportation of
passengers and/or items; and
    (C) Recreational vessels that are used in connection with travel
authorized by the Department of the Treasury, Office of Foreign Assets
Control (OFAC).
    Note to paragraph (d)(6)(i)(C): Readers should also consult U.S.
Coast Guard regulations at 33 CFR part 107 Subpart B--Unauthorized
Entry into Cuban Territorial Waters.
    (ii) Intransit cargo. Cargo laden on board a vessel may transit
Cuba provided:
    (A) The vessel is exported or reexported on temporary sojourn to
Cuba pursuant to this paragraph (d) or a license from BIS; and
    (B) The cargo departs with the vessel at the end of its temporary
sojourn to Cuba, does not enter the Cuban economy and is not
transferred to another vessel while in Cuba.
    Note to paragraph (d). A vessel exported or reexported to a country
pursuant to this paragraph (d) may not remain in that country for more
than 14 consecutive days before it departs for a country to which it
may be exported without a license or the United States.
* * * * *

0
5. Section 740.21 is amended by:
0
a. Revising paragraph (e)(1);
0
b. Removing paragraph (e)(2);
0
c. Redesignating paragraph (e)(3) as (e)(2); and
0
d. Revising the note to paragraph (e).
    The revisions read as follows:

Sec.  740.21  Support for the Cuban People (SCP).

* * * * *
    (e) * * *
    (1) The export or reexport to Cuba of items for use by persons
authorized by the Department of the Treasury, Office of Foreign Assets
Control (OFAC) to establish and maintain a physical or business
presence in Cuba pursuant to 31 CFR 515.573 or pursuant to a specific
license issued by OFAC. The items authorized pursuant to this paragraph
(e)(1) are limited to those designated as EAR99 (i.e., items subject to
the EAR but not specified in any ECCN) or controlled on the CCL only
for anti-terrorism reasons.
* * * * *
    Note to paragraph (e). Any resulting payments associated with
establishing or maintaining a physical or business presence in Cuba,
such as lease payments, are permitted only to the extent authorized by
31 CFR 515.573 or a specific license issued by OFAC.
* * * * *

PART 746--[AMENDED]

0
6. The authority citation for part 746 continues to read as follows:

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C.
6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR
36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR,
1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential
Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320;
Presidential Determination 2007-7, 72 FR 1899, 3 CFR, 2006 Comp., p.
325; Notice of May 6, 2015, 80 FR 26815 (May 8, 2015); Notice of
August 7, 2015, 80 FR 48233 (August 11, 2015).

0
7. Section 746.2 is amended by:
0
a. Removing the word ``and'' from the end of paragraph (b)(3)(i)(B);
0
b. Removing the period from the end of paragraph (b)(3)(i)(C) and
adding ``; and'' in its place;
0
c. Adding paragraph (b)(3)(i)(D); and
0
d. Revising Note 1 to paragraph (b)(3)(i).
    The addition and revision read as follows:

Sec.  746.2  Cuba.

* * * * *
    (b) * * *
    (3) * * *
    (i) * * *
    (D) Items that will enable or facilitate export from Cuba of items
produced by the private sector.
    Note 1 to paragraph (b)(3)(i): Licenses issued pursuant to the
policy set forth in this paragraph generally will have a condition
prohibiting both reexports from Cuba to any other destination and uses
that enable or facilitate the export of goods or services from Cuba,
that primarily generate revenue for the state.
* * * * *

    Dated: March 14, 2016.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2016-06019 Filed 3-15-16; 8:45 am]
 BILLING CODE 3510-33-P


[Federal Register: April 21, 2010 (Volume 75, Number 76)]
[Proposed Rules]
[Page 20787-20790]
[DOCID:fr21ap10-14]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

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

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0382; Directorate Identifier 2009-NM-211-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model DHC-8-400, -401,
and -402 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 the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:

    Several cases have been reported where a loss of fluid in the
No. 2 hydraulic system has caused the power transfer unit (PTU) to
overspeed, resulting in pressure fluctuations and increased fluid
flow within the No. 1 hydraulic system. In one case, the hydraulic
system control logic did not shut down the PTU and the overspeed
condition persisted, resulting in the illumination of the No. 1 HYD
FLUID HOT caution light.
* * * * *
    The unsafe condition is possible loss of both the No. 1 and No. 2
hydraulic systems, resulting in the potential loss of several functions
essential for safe flight and landing of the airplane. The proposed AD
would require actions that are intended to address the unsafe condition
described in the MCAI.

DATES: We must receive comments on this proposed AD by June 7, 2010.

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 W12-40, 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 proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.bombardier.com.
You may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 proposed 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: Fabio Buttitta, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0382;
Directorate Identifier 2009-NM-211-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
    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

    On July 31, 2008, we issued AD 2008-17-06, Amendment 39-15644 (73
FR 47818, August 15, 2008). That AD required actions intended to
address an unsafe condition on the products listed above.
    Since we issued AD 2008-17-06, a modification of the power transfer
unit (PTU) control logic, including the provision of automatic PTU
shutdown in the event of loss of fluid in the No. 2 hydraulic system,
has been developed. The modification addresses the identified unsafe
condition. In addition, the applicability has been revised to remove
airplanes having serial number 4185 and subsequent, since an equivalent
modification has been installed in production on these airplanes.
Transport Canada Civil Aviation (TCCA), which is the aviation authority
for Canada, has issued Canadian Airworthiness Directive CF-2006-08R1,
dated August 31, 2009 (referred to after this as ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:

    Several cases have been reported where a loss of fluid in the
No. 2 hydraulic system has caused the power transfer unit (PTU) to
overspeed, resulting in pressure fluctuations and increased fluid
flow within the No. 1 hydraulic system. In one case, the hydraulic
system control logic did not shut down the PTU and the overspeed
condition persisted, resulting in the illumination of the No.1 HYD
FLUID HOT caution light.

    As an interim action to avoid possible loss of both the No. 1
and No. 2 hydraulic systems, the Airplane Flight Manual (AFM) has
been revised to include pulling the HYD PWR XFER circuit breaker in
the event of the loss of all hydraulic fluid in the No. 2 hydraulic
system.
    Insertion of the resultant Temporary Amendment (TA) No. 13 into
the AFM was mandated in the original issue of this [Canadian]
directive. This instruction * * * remains in effect until * * * this
[revised] directive is accomplished.
    Revision 1 of this directive * * * mandates modification of the
PTU control logic, including the provision of automatic PTU shutdown
in the event of loss of fluid in the No. 2 hydraulic system. In
addition, the applicability of the [Canadian] directive has been
revised to remove aircraft Serial Number (SN) 4185 and subsequent,
since an equivalent modification has been installed in production on
these aircraft.

    The unsafe condition is possible loss of both the No. 1 and No. 2
hydraulic systems, resulting in the potential loss of several functions
essential for safe flight and landing of the airplane. You may obtain
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 84-29-22, Revision A, dated
February 24, 2009. 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 Proposed 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 proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 42 products of U.S. registry.
    The actions that are required by AD 2008-17-06 and retained in this
proposed AD take up about 1 work-hour per product, at an average labor
rate of $85 per work hour. Required parts cost about $0 per product.
Based on these figures, the estimated cost of the currently required
actions is up to $85 per product.
    We estimate that it would take up to 165 work-hours per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about
$10,982 per product. Where the service information lists required parts
costs that are covered under warranty, we have assumed that there will
be no charge for these costs. As we do not control warranty coverage
for affected parties, some parties may incur costs higher than
estimated here. Based on these figures, we estimate the cost of the
proposed modification on U.S. operators to be up to $1,050,294, or up
to $25,007 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 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); 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 proposed AD and placed it in the AD docket.

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

    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]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-15644 (73 FR
47818, August 15, 2008) and adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2010-0382; Directorate Identifier
2009-NM-211-AD.

Comments Due Date

    (a) We must receive comments by June 7, 2010.

Affected ADs

    (b) This AD supersedes AD 2008-17-06, Amendment 39-15644.

Applicability

    (c) This AD applies to Bombardier, Inc. Model DHC-8-400, -401,
and -402 airplanes, certificated in any category; serial numbers
4001, 4003, 4004, 4006, and 4008 through 4184 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 29:
Hydraulic power.

Reason

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

    ``Several cases have been reported where a loss of fluid in the
No.2 hydraulic system has caused the power transfer unit (PTU) to

overspeed, resulting in pressure fluctuations and increased fluid
flow within the No. 1 hydraulic system. In one case, the hydraulic
system control logic did not shut down the PTU and the overspeed
condition persisted, resulting in the illumination of the No.1 HYD
FLUID HOT caution light.
    ``As an interim action to avoid possible loss of both the No. 1
and No. 2 hydraulic systems, the Airplane Flight Manual (AFM) has
been revised to include pulling the HYD PWR XFER circuit breaker in
the event of the loss of all hydraulic fluid in the No. 2 hydraulic
system.
    ``Insertion of the resultant Temporary Amendment (TA) No. 13
into the AFM was mandated in the original issue of this [Canadian]
directive. This instruction * * * remains in effect until * * * this
[revised] directive is accomplished.
    ``Revision 1 of this directive * * * mandates modification of
the PTU control logic, including the provision of automatic PTU
shutdown in the event of loss of fluid in the No. 2 hydraulic
system. In addition, the applicability of the [Canadian] directive
has been revised to remove aircraft Serial Number (SN) 4185 and
subsequent, since an equivalent modification has been installed in
production on these aircraft.''

    The unsafe condition is possible loss of both the No. 1 and No.
2 hydraulic systems, resulting in the potential loss of several
functions essential for safe flight and landing of the airplane.

Compliance

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

Restatement of Requirements of AD 2007-12-03: Airplane Flight Manual
(AFM) Revision

    (g) Within 14 days after July 10, 2007 (the effective date of AD
2007-12-03, Amendment 39-15081, which was superseded by AD 2008-17-
06), revise the Limitations section of the applicable AFM to include
the information in the applicable Bombardier temporary amendment
specified in Table 1 of this AD, as specified in the temporary
amendment. These temporary amendments introduce procedures for
pulling the ``HYD PWR XFER'' circuit breaker in the event of the
loss of all hydraulic fluid in the No. 1 or No. 2 hydraulic system.
Operate the airplane according to the limitations and procedures in
the applicable temporary amendment.

                                        Table 1--AFM Temporary Amendments
----------------------------------------------------------------------------------------------------------------
                                         Use
                                     Bombardier                                           To Bombardier  Dash 8
           For Model--                Temporary        Issue--           Dated--          Q400  Airplane Flight
                                     Amendment--                                                Manual--
----------------------------------------------------------------------------------------------------------------
DHC-8-400 airplanes..............              13               1  July 14, 2005......  PSM 1-84-1A.
DHC-8-401 airplanes..............              13               1  July 14, 2005......  PSM 1-84-1A.
DHC-8-402 airplanes..............              13               1  July 14, 2005......  PSM 1-84-1A.
----------------------------------------------------------------------------------------------------------------

    Note 1: This may be done by inserting a copy of the applicable
temporary amendment into the applicable AFM. When the applicable
temporary amendment has been included in general revisions of the
AFM, the general revisions may be inserted into the AFM, provided
the relevant information in the general revisions is identical to
that in the temporary amendment.

Restatement of Requirements of AD 2008-17-06: AFM Revision

    (h) Within 14 days after September 2, 2008 (the effective date
of AD 2008-17-06), revise the applicable AFM Normal and Abnormal
Procedures section to include the information in the applicable
Bombardier temporary amendment specified in Table 2 of this AD, as
specified in the temporary amendment. These temporary amendments
introduce additional procedures for ensuring that the ``PTU CNTRL''
switch is Normal, the ``PTU CNTRL ON'' advisory light is out, and
the ``HYD PWR XFER'' circuit breaker is pulled in the event of the
illumination of the ``2 HYD ISO VALVE'' caution light.
After accomplishing the AFM revision, the AFM limitation required by
paragraph (g) in this AD may be removed from the AFM.

                                        Table 2--AFM Temporary Amendments
----------------------------------------------------------------------------------------------------------------
                                         Use
                                     Bombardier                                           To Bombardier  Dash 8
           For Model--                Temporary        Issue--           Dated--          Q400  Airplane Flight
                                     Amendment--                                                Manual--
----------------------------------------------------------------------------------------------------------------
DHC-8-400 airplanes..............              13               3  June 9, 2008.......  PSM 1-84-1A.
DHC-8-401 airplanes..............              13               3  June 9, 2008.......  PSM 1-84-1A.
DHC-8-402 airplanes..............              13               3  June 9, 2008.......  PSM 1-84-1A.
----------------------------------------------------------------------------------------------------------------

New Requirements of This AD: Actions

    (i) Within 6,000 flight hours after the effective date of this
AD, modify the PTU control logic, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 84-29-22,
Revision A, dated February 24, 2009. Doing this modification
terminates the requirements of paragraphs (g) and (h) of this AD,
and after the modification has been done, the AFM limitation
required by paragraphs (g) and (h) of this AD may be removed from
the AFM.
    (j) Modifying the PTU control logic is also acceptable for
compliance with the requirements of paragraph (i) of this AD if done
before the effective date of this AD, in accordance with Bombardier
Service Bulletin 84-29-22, dated December 5, 2008.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (k) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, New York 11590; telephone 516-
228-7300; fax<PHONE_NUMBER>. Before using any approved AMOC on any
airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office. The AMOC approval letter must
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (l) Refer to MCAI Canadian Airworthiness Directive CF-2006-08R1,
dated August 31, 2009; and Bombardier Service Bulletin 84-29-22,
Revision A, dated February 24, 2009; for related information.

    Issued in Renton, Washington, on April 9, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-9110 Filed 4-20-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Notices]
[Pages 73096-73097]
[FR Doc No: 2012-29623]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68342; File No. SR-CBOE-2012-114]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Fees Schedule

December 3, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 21, 2012, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Fees Schedule. The text of the
proposed rule change is available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's
Office of the Secretary, and at the Commission.

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

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

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

1. Purpose
    The Exchange proposes to amend its Network Access Port fees.
Currently, the Exchange only offers 1 Gigabit Ethernet (``1 Gbps'')
network access connectivity. However, as of December 1, 2012, the
Exchange is moving its trading systems over to the Equinix NY4 facility
(``NY4''). In addition to 1 Gbps network access, NY4 has capacity to
accommodate 10 Gigabit Ethernet (``10 Gbps'') network access. The
Exchange would like to make such a connection available to CBOE market
participants. However, the equipment and infrastructure necessary to
provide the 10 Gbps connection is more expensive than that necessary to
provide a 1 Gbps connection. As such, the Exchange proposes to adopt a
$3,000 per month fee for access to a 10 Gbps Network Access Port
($6,000 for Sponsored Users). CBOE market participants will be able to
elect to connect to CBOE's trading system via either a 1 Gbps or 10
Gbps Network Access port. Regardless of which is chosen, the Network
Access Port fee will be assessed for each port that provides direct
access to CBOE's trading system. The Exchange currently charges a
different rate for regular access and Sponsored User access, and merely
proposes to increase the rates in equal proportion.
    Following the move to NY4, CBOE will be retaining some trading
systems in Chicago (the ``Disaster Recovery Systems'') in case of the
occurrence of some kind of disaster which prevents NY4 from operating.
These Disaster Recovery Systems can be accessed via Network Access
Ports in Chicago (the ``Disaster Recovery Network Access Ports''). CBOE
market participants may maintain Disaster Recovery Network Access Ports
in order to be able to connect to the Disaster Recovery Systems in case
of such disaster. The fee for a Disaster Recovery Network Access Port
will be $250 per month ($500 for Sponsored Users; for connectivity
fees, CBOE charges twice the rate for Sponsored Users as for regular
access, and therefore merely proposes to apply the same concept to the
new Disaster Recovery Network Access Port fees). This amount will allow
CBOE to maintain the Disaster Recovery Network Access Ports in case
they become necessary.
    The Exchange also proposes to amend the reference in its Fees
Schedule to its 1-Gbps Network Access Port. Currently, that port fee is
listed as for ``1 Gigabyte''. However, ``Gigabyte'' is not the correct
term (``Gigabit'' is the correct term) to refer to that manner of
access. The Exchange proposes to replace the word ``Gigabyte'' with
``Gbps'', which is the abbreviation of the term ``Gigabit'', in order
to use the correct terminology.
    The proposed change is to take effect on December 1, 2012.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\3\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \4\ requirements that the rules of
an exchange be designed to promote just and equitable principles of
trade, to prevent fraudulent and manipulative acts, to remove
impediments to and to perfect the mechanism for a free and open market
and a national market system, and, in general, to protect investors and
the public interest, and with Section 6(b)(4) of the Act \5\, which
provides that Exchange rules may provide for the equitable allocation
of reasonable dues, fees, and other charges

among its Trading Permit Holders and other persons using its
facilities.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
    \5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    Assessing a higher fee for 10 Gbps connectivity than for 1 Gbps
connectivity is reasonable because 10 Gbps connectivity is more robust
than 1 Gbps connectivity, and is equitable and not unfairly
discriminatory because 10 Gbps connectivity requires more costly
equipment and maintenance, and the Exchange must recoup the costs
related to providing 10 Gbps connectivity. Further, CBOE market
participants may still elect for the less-expensive 1 Gbps
connectivity. Finally, the amount of the fee for 10 Gbps connectivity
is less than the amount of the fees for 10 Gbps connectivity assessed
by other exchanges.\6\
---------------------------------------------------------------------------

    \6\ See New York Stock Exchange Price List, page 13 [sic], which
lists monthly prices of $12,000-61,500 for different types of 10
Gbps connectivity (along with initial charges of $10,000-50,000) and
International Securities Exchange Schedule of Fees, page 9 [sic],
which lists a low-latency Ethernet network access fee of $7,000 per
month.
---------------------------------------------------------------------------

    The fee for Disaster Recovery Network Access Ports is reasonable
because it will allow CBOE to maintain those ports in case of
necessity. The fee for Disaster Recovery Network Access Ports is
equitable and not unfairly discriminatory because it will be applied
equally to all CBOE market participants wishing to maintain a
connection to the Disaster Recovery Systems via a Disaster Recovery
Network Access Port (except Sponsored Users).
    Assessing higher fees for Sponsored Users is equitable and not
unfairly discriminatory because Sponsored Users are able to access the
Exchange and use the equipment provided without possessing a trading
permit. As such, CBOE Trading Permit Holders who have a trading permit
will have a higher level of commitment to transacting business on CBOE
and using Exchange facilities than Sponsored Users. Finally, these
differences in the amounts for Sponsored Users and regular users
maintain the same proportional difference as that for other
connectivity fees.
    Amending the references in the Fees Schedule to its 1-Gbps Network
Access Port from ``1 Gigabyte'' to ``1 Gbps'' removes impediments to
and to perfects the mechanism for a free and open market and a national
market system, and, in general, protects investors and the public
interest by eliminating any confusion that could be caused due to the
use of inaccurate terminology.

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

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

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \7\ of the Act and paragraph (f) of Rule 19b-4 \8\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 C.F.R. 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2012-114 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2012-114. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549-1090, on official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be
available for inspection and copying at CBOE's principal office and on
its Internet Web site. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-CBOE-2012-114, and should be submitted on or before December 28,
2012.
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-29623 Filed 12-6-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 1, 2009 (Volume 74, Number 125)]
[Notices]
[Page 31478-31479]
[DOCID:fr01jy09-111]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activity Seeking OMB Approval

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: The FAA invites public comments about our intention to request
the Office of Management and Budget's (OMB) revision of a current
information collection. The Federal Register Notice with a 60-day
comment period soliciting comments on the following collection of
information was published on April 23, 2009, vol. 74, no. 77, page
18605-18606. This request is a change to FAA Form 5100-127, Operating
and Financial Summary, where we will now collect limited statistical
information on airport operations. This new information will add 10
lines to the Form and 1 hour to the Forms preparation time. Large,
medium, and small hub commercial service airports will be asked to
provide this information. A copy of the modified Form is available for
public inspection at FAA Docket-2009-0257. This notice is supplementary
to the notice of this Airport Grants Program revision published in the
Federal Register on February 3, 2009 [74 FR 5965]. Additionally, since
that notice of revision, the burden for this collection has increased
due to new requirements imposed by the American Recovery and
Reimbursement Act of 2009 (ARRA).

DATES: Please submit comments by July 31, 2009.

FOR FURTHER INFORMATION CONTACT: Carla Mauney at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Federal Aviation Administration (FAA).
    Title: Airports Grants Program Including ARRA Requirements.
    Type of Request: Revision of a currently approved collection.
    OMB Control Number: 2120-0569.

    Forms(s) Forms 5100-100, 5100-101, 5100-108, 5100-126, 5100-127,
5370-1.
    Affected Public: An estimated 1,950 respondents.
    Frequency: This information is collected on occasion.
    Estimated Average Burden Per Response: Approximately 9 hours per
response.
    Estimated Annual Burden Hours: An estimated 86,379 hours annually.
    Abstract: The FAA collects information from airport sponsors and
planning agencies in order to administer the Airports Grants Program.
Data is used to determine eligibility, ensure proper use of Federal
Funds, and ensure project accomplishments.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to oira_
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimates of the burden of
the proposed information collection; ways to enhance the quality,
utility, and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

    Issued in Washington, DC, on June 23, 2009.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. E9-15390 Filed 6-30-09; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: June 19, 2009 (Volume 74, Number 117)]
[Proposed Rules]
[Page 29148-29149]
[DOCID:fr19jn09-18]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0559; Directorate Identifier 2008-SW-66-AD]
RIN 2120-AA64

Airworthiness Directives; Sikorsky Aircraft Corporation
(Sikorsky) Model S-92A Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This document proposes adopting a new airworthiness directive
(AD) for Sikorsky Model S-92A helicopters. The AD would require
revising the Limitations section of the Rotorcraft Flight Manual (RFM)
by clarifying that the Model S-92A helicopter was certificated as a
transport category rotorcraft in both Categories A and B with different
operating limitations for each category and must be operated
accordingly. We have received reports that some operators are
inappropriately operating Model S-92A helicopters using Category B
limitations when the helicopter is configured with 10 or more passenger
seats. Operating this helicopter when configured with 10 or more
passenger seats and adhering to the less stringent limitations for the
Category B configuration approved for a 9 or less passenger seat
configuration does not maintain the FAA required minimum level of
safety. This condition if not corrected, could result in operating
under less stringent requirements.

DATES: Comments must be received on or before August 18, 2009.

ADDRESSES: Use one of the following addresses to submit comments on
this proposed 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.

FOR FURTHER INFORMATION CONTACT: John Coffey, Flight Test Engineer,
Boston Aircraft Certification Office, 12 New England Executive Park,
Burlington, MA 01803, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any written data, views, or arguments
regarding this proposed AD. Send your comments to the address listed
under the caption ADDRESSES. Include the docket number ``FAA-2009-0559,
Directorate Identifier 2008-SW-66-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed 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
with FAA personnel concerning this proposed rulemaking. Using the
search function of our docket Web site, you can find and read the
comments to any of our dockets, including the name of the individual
who sent or signed the comment. You may review the DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000.

Examining the Docket

    You may examine the docket that contains the proposed AD, any
comments, and other information in person at the Docket Operations
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Operations office (telephone<PHONE_NUMBER>) is
located in Room

W12-140 on the ground floor of the West Building at the street address
stated in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.

Discussion

    This document proposes adopting a new AD for Sikorsky Model S-92A
helicopters. The AD would require revising the Limitations section of
the RFM by clarifying that the Model S-92A helicopter was certificated
as a transport category rotorcraft in both Categories A and B with
different operating limitations for each category and must be operated
accordingly. The Model S-92A helicopter was certificated to Category A
requirements on December 17, 2002, and certificated to Category B
requirements on May 7, 2004. When the Model S-92A is configured with 10
or more passenger seats, it is a Category A rotorcraft, and operators
must follow the limitations for Category A. When it is configured with
9 or less passenger seats, it may be considered a Category B
rotorcraft, and operators may follow the less stringent Category B
limitations. The current limitation language in the RFM does not make a
clear distinction between Categories A and B based on the seating
configuration. We have received reports that some operators are
inappropriately operating Model S-92A helicopters using Category B
limitations when the helicopter is configured with 10 or more passenger
seats. Operating this helicopter when configured with 10 or more
passenger seats and adhering to the less stringent limitations for the
Category B configuration approved for a 9 or less passenger seat
configuration does not maintain the FAA required minimum level of
safety. Therefore, we are proposing to change the Limitations section
of the RFM to make it clear that this model helicopter is a Category A
helicopter when configured with 10 or more passenger seats.
    This unsafe condition is likely to exist or develop on other
helicopters of the same type design. Therefore, the proposed AD would
require revising the Limitations section of the RFM by replacing the
wording in Part 1, Section 1, of the Operating Limitations under Types
of Operation. Replace this wording: ``Category `A' and `B', Day, Night,
VFR and IFR, transport, with maximum seating for 19 passengers'' with
this wording: ``Category `A' with a maximum of 19 passenger seats or
Category `B' with 9 or less passenger seats; day, night, VFR and IFR.''
    We estimate this proposed AD would affect about 65 helicopters of
U.S. registry. Revising the RFM would result in minimal costs.

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. Additionally, 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 that the 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); 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.

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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (14 CFR part 39) as
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. Section 39.13 is amended by adding a new airworthiness directive
to read as follows:

Sikorsky Aircraft Corporation: Docket No. FAA-2009-0559; Directorate
Identifier 2008-SW-66-AD.

Applicability

    Model S-92A helicopters, certificated in any category.

Compliance

    Within the next 10 days, unless accomplished previously.
    To prevent operating under less stringent requirements, do the
following:
    (a) Make the following pen and ink changes or insert a copy of
this AD into the Limitations section of the Rotorcraft Flight Manual
(RFM), Part 1, Section 1, of the Operating Limitations under Types
of Operation:
    Replace this wording:
    ``Category `A' and `B', Day, Night, VFR and IFR, transport, with
maximum seating for 19 passengers''
    With this wording:
    ``Category `A' with a maximum of 19 passenger seats or Category
`B' with 9 or less passenger seats; Day, Night, VFR and IFR.''
    (b) Making the change required by paragraph (a) of this AD is
terminating action for the requirements of this AD.
    (c) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Manager, Boston Aircraft Certification Office, FAA,
ATTN: John Coffey, Flight Test Engineer, 12 New England Executive
Park, Burlington, MA 01803, telephone<PHONE_NUMBER>, fax (781) 238-
7170, for information about previously approved alternative methods
of compliance.

    Issued in Fort Worth, Texas, on June 15, 2009.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-14356 Filed 6-18-09; 8:45 am]

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