[Federal Register: April 24, 2009 (Volume 74, Number 78)]
[Notices]
[Page 18731-18733]
[DOCID:fr24ap09-74]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0138]

Joint Meeting of the Drug Safety and Risk Management Advisory
Committee, Nonprescription Drugs Advisory Committee, and the Anesthetic
and Life Support Drugs Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committees: Drug Safety and Risk Management Advisory
Committee, Nonprescription Drugs Advisory Committee, and the Anesthetic
and Life Support Drugs Advisory Committee.
    General Function of the Committees: To provide advice and
recommendations to the agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on June 29 and 30, 2009,
from 8 a.m. to 5 p.m.
    Addresses: Electronic comments should be submitted to http://
www.regulations.gov. Enter ``FDA-2009-N-0138 Liver Injury Related to
the Use of Acetaminophen'' and follow the prompts to submit your
statement. Written comments should be submitted to the Division of
Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852. All comments received will
be posted without change, including any personal information provided.
Comments received on or before June 8, 2009, will be provided to the
committee before the meeting.
    Location: Marriott Conference Centers, University of Maryland,
University College Inn and Conference Center, 3501 University Blvd.
East, Adelphi, MD. The Conference Center telephone number is 301-985-
7300.
    Contact Person: Elaine Ferguson, Center for Drug Evaluation and
Research (HFD-21), Food and Drug Administration, 5600 Fishers Lane (for
express delivery, 5630 Fishers Lane, rm. 1093), Rockville, MD 20857,
301-827-7001, FAX:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-
0572 in the Washington, DC area), codes<PHONE_NUMBER>,<PHONE_NUMBER>, and
3014512529. Please call the Information Line for up-to-date information
on this meeting. A notice in the Federal Register about last minute
modifications that impact a previously announced advisory committee
meeting cannot always be published quickly enough to provide timely
notice. Therefore, you should always check the agency's Web site and
call the appropriate advisory committee hot line/phone line to learn
about possible modifications before coming to the meeting.
    Agenda: The primary topic area for discussion is how to address the
public health problem of liver injury related to the use of
acetaminophen in both over-the-counter (OTC) and prescription (Rx)
products. FDA recognizes that acetaminophen is an important drug used
to treat pain and fever in both settings and is not seeking to remove
it from the market. The risk of developing liver injury to the
individual patient who uses the drug according to directions is very
low. However, acetaminophen containing products are used extensively
making the absolute number of liver injury cases a public health
concern.
    More complete information about the topics on which FDA will seek
public input will be available by or around May 22, 2009, at http://
www.fda.gov/ohrms/dockets/ac/acmenu.htm, click on the year 2009 and
scroll down to the appropriate advisory committee link.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/ohrms/dockets/ac/acmenu.htm, click on
the year 2009 and scroll down to the appropriate advisory committee
link.
    Background: Acetaminophen is one of the most commonly used drugs in
the United States,\1\ yet it is also an important cause of serious
liver injury. Acetaminophen is the generic name of a drug found in many
common brand name over-the-counter (OTC) products, such as Tylenol, and
Prescription (Rx) products, such as Vicodin and Percocet. Acetaminophen
is an important drug, and its effectiveness in relieving pain and fever
is widely known. Unlike other commonly used drugs to reduce pain and
fever (e.g., nonsteroidal antinflammatory drugs (NSAIDs), such as
aspirin, ibuprofen, and naproxen), at recommended doses acetaminophen
does not cause adverse effects, such as stomach discomfort and
bleeding, and acetaminophen is considered safe when used according to
the directions on its OTC or Rx labeling. However, taking more than the
recommended amount can cause liver damage, ranging from abnormalities
in liver function blood tests, to acute liver failure, and even death.
Many cases of overdose are caused by patients inadvertently taking more
than the recommended dose (i.e., 4 grams a day) of a particular
product, or by taking more than one product containing acetaminophen
(e.g., an OTC product and an Rx drug containing acetaminophen).
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    \1\ Kaufman, D.W., J.P. Kelly, L. Rosenberg, et al., ``Recent
Patterns of Medication Use in the Ambulatory Adult Population of the
United States: The Slone Survey,'' The Journal of the American
Medical Association 2002, Jan 16;287(3) 337-44.
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    The mechanism of liver injury is not related to acetaminophen
itself, but to the production of a toxic metabolite. The toxic
metabolite binds with liver proteins, which cause cellular injury. The
ability of the liver to remove this metabolite before it binds to liver
protein influences the extent of liver injury. In a study that combined
data from 22 specialty medical centers in the United States,
acetaminophen-related liver injury was the leading cause of acute liver
failure for the years 1998 through 2003.\2\ Patients in this study were
found to have taken too much acetaminophen from OTC, Rx products, or
both. Almost half of these cases involved overdose in which the patient
had not intended to take too much acetaminophen (unintentional
overdoses), although many cases of liver injury with acetaminophen
result from self-harm, i.e., intentional self-poisoning. The high
percentage of cases of liver failure related to unintentional
acetaminophen overdose was also observed in a study published in
2007.\3\ The extent of liver failure cases reported in the medical
literature provides an important signal of concern. However, the types
of databases available to identify cases make it difficult to determine
the full extent of the problem or whether interventions have been
successful.
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    \2\ Larson, A.M., J. Polson, R.J. Fontana, et al., Acute Liver
Failure Study Group (ALFSG), ``Acetaminophen-Induced Acute Liver
Failure: Results of a United States Multicenter, Prospective
Study,'' Hepatology 2005, Dec;42(6):1364-72.
    \3\ Bower, W.A., M. Johns, H.S. Margolis, et al., ``Population-
Based Surveillance for Acute Liver Failure,'' The American Journal
of Gastroenterology 2007;102:2459-63.

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A. Why Acetaminophen Overdoses Occur

    There are few data available describing consumer behavior with
acetaminophen products or consumer understanding of acetaminophen
toxicity. However, based on the prevalence of liver injury, it appears
that there are distinct factors associated with acetaminophen and
acetaminophen products that contribute to this public health problem.
These factors are listed below.
     Taking just a small amount of acetaminophen over the
recommended total daily dose (4 grams per day) may lead to liver
injury.\4\
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    \4\ Data from both FDA's Adverse Event Reporting System (AERS)
and the ALFSG show that the median daily dose of acetaminophen
related to liver injury was 5 to 7.5 grams/day, very near the
current maximum daily dose of 4 grams/day.
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Currently recommended doses and tablet strengths of acetaminophen leave
little room for error and the onset of liver injury can be hard to
recognize. There is scientific agreement that taking a large amount of
acetaminophen over a short period of time causes liver injury, but
there is limited agreement as to the specific threshold dose for
toxicity. In addition, the onset of symptoms associated with
acetaminophen liver injury can take several days, even in severe cases.
The symptoms of liver injury may not be readily identified by an
individual because they may be non-specific and mimic flu symptoms. The
antidote for acetaminophen poisoning, N-acetylcysteine, is less
effective when liver injury has progressed too far.
     Some individuals may be especially sensitive to liver
injury from acetaminophen. The maximum safe dose may not be the same
for all persons. Individuals with increased sensitivity may experience
toxic effects at lower acetaminophen doses. Available information
suggests that some individuals, such as those who use alcohol or have
liver disease, may have a greater sensitivity to the effects of the
toxic metabolite because they produce more or are unable to clear it
from the body as easily. More research is needed to understand whether
ethnicity, genetics, nutrition, or other factors might have a role in
making some individuals more sensitive.
     There is a wide array of OTC and Rx acetaminophen products
used in a range of doses for various indications.
For some people, it may be difficult to identify the appropriate
product to use. Acetaminophen is in many widely used OTC single
ingredient products, such as those to treat headaches, and multiple
ingredient (combination) products, such as those to treat symptoms of
the common cold, like aches and fever. Acetaminophen is also a
component of a number of Rx drug products in combination with narcotic
pain medicines. So, consumers may reasonably attempt to treat different
conditions or symptoms with multiple choices among products containing
acetaminophen, but may not realize that acetaminophen is an ingredient
common to each.
     It can be difficult to identify acetaminophen as an
ingredient.
Rx products that contain acetaminophen (usually with codeine or
oxycodone) are often labeled as containing ``APAP'' on pharmacy
dispensed containers.\5\ Without clear labeling, patients may take more
than one product containing acetaminophen (e.g., a Rx product and an
OTC product) without realizing it, and in some cases take a harmful
overdose.
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    \5\ ``APAP'' is an acronym based on the chemical name of
acetaminophen, N-acetyl-para-aminophenol.
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     Multiple products exist for children containing different
strengths.
Liquid acetaminophen formulations intended for use in infants are
typically more concentrated (i.e., stronger) to enable proper dosing
using less liquid. However, failure to distinguish between the two
strengths of liquid can result in an accidental overdose where the
parent gives a higher dose of the concentrated drops to a younger
child.
     The association between acetaminophen and liver injury is
not common knowledge.\6\
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    \6\ Stumpf J.L., A.J. Skyles, C. Alaniz, et al., ``Knowledge of
Appropriate Acetaminophen Doses and Potential Toxicities in an Adult
Clinic Population, Journal of the American Pharmacists Association
(2003), 2007 Jan-Feb; 47(1): 35-41.
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Consumers are not sufficiently aware that acetaminophen can cause
serious liver injury, and their perceptions may be influenced by the
marketing of the products. Finding ways to educate consumers about the
risk of liver injury from acetaminophen has been difficult. Current
labeling on OTC products may be overlooked, as can the patient
information provided with dispensed prescriptions. Programs to educate
the public about safe use of acetaminophen have been small and
encountered a number of obstacles. Advertisements of OTC drugs often
emphasize the effectiveness of products, but are not subject to the
same requirements to offset such messages by providing warning
information as prescription products. Also, acetaminophen is available
in retail outlets in large quantities (e.g., 500 tablets per bottle)
which may contribute to the perception that the ingredient is unlikely
to be harmful.

B. FDA's Previous Actions

    In the late 1990s, research began to show that acetaminophen was a
major cause of acute liver failure in the United States, with up to
half of the cases due to accidental overdose. Responding to these
concerns, FDA took a number of steps to reduce the incidence of liver
injury related to acetaminophen.
    In 1998, FDA finalized a regulation that required all OTC
acetaminophen products to include an alcohol warning in labeling. The
warning stated: Acetaminophen. ``Alcohol Warning'' [heading in boldface
type]: ``If you consume 3 or more alcoholic drinks every day, ask your
doctor whether you should take acetaminophen or other pain relievers/
fever reducers. Acetaminophen may cause liver damage.''
    In 2002, FDA convened an Advisory Committee meeting to discuss
unintentional liver toxicity related to the use of OTC
acetaminophen.\7\ The Advisory Committee recommended a specific liver
toxicity warning and distinctive labeling on OTC packages so that
products containing acetaminophen could be more easily identified. FDA
and manufacturers were also advised to educate consumers and health
professionals about the risk of liver injury from acetaminophen.
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    \7\ See http://www.fda.gov/OHRMS/DOCKETS/98fr/082002c.htm.
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    In early 2004, FDA launched a public education campaign to help
consumers use acetaminophen more safely. By most standards, the
campaign would be considered small, due to budgetary constraints. It
was also limited by reluctance on the part of some commercial outlets
to provide a venue for FDA's message about acetaminophen toxicity as
the product was sold or promoted in those outlets. Nonetheless, FDA has
continued to expand efforts to improve public education about
acetaminophen overdosing and liver injury and has recently updated the
acetaminophen information on FDA's Web site.
    In 2004, FDA sent letters to every state board of pharmacy asking
them to consider requiring labeling on the immediate container of Rx
products containing acetaminophen that: (1) uses the term
acetaminophen, not APAP, (2) instructs patients to avoid concurrent use
of other acetaminophen containing drugs, (3) instructs patients not to
exceed the maximum daily recommended acetaminophen dose, and (4)
instructs patients to avoid drinking

alcohol during prescription use.\8\ FDA was informed by the National
Association of Boards of Pharmacy that, as of February 2008, no states
had implemented regulations related to the request.
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    \8\ Letter from Steven Galson to State Boards of Pharmacy,
Acetaminophen Hepatotoxicity and Nonsteroidal Anti-Inflammatory Drug
(NSAID)-Related Gastrointestinal and Renal Toxicity (January 22,
2004), available on FDA's Web site at http://www.fda.gov/cder/drug/
analgesics/letter.htm.)
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    In December 2006, FDA issued proposed regulations for OTC labeling
for acetaminophen containing products to require inclusion of new
safety information and that the container and outer carton identify
acetaminophen when it is an ingredient.\9\ The final version of the
regulation is currently under review.
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    \9\ Internal Analgesic, Antipyretic, and Antirheumatic Drug
Products for Over-the Counter Human Use: Proposed Amendment of the
Tentative Final Monograph: Required Warnings and Other Labeling, 71
FR 77314-52 (December 26, 2006) (Docket No.1977N-0094L) (amending 21
CFR 201.66, 201.322, 201.325, 343.50).
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    In 2007, the Director of FDA's Center for Drug Evaluation and
Research (CDER) convened a multidisciplinary working group in CDER to
continue to evaluate the issues associated with acetaminophen-related
liver injury and consider additional steps FDA could take to decrease
the number of cases of acetaminophen-related liver injury. The working
group considered detailed reviews of the issues from the Office of
Nonprescription Products, the Office of Surveillance and Epidemiology
and the Division of Anesthesia and Analgesic and Rheumatology Drug
Products as part of its deliberations. The working group considered the
full range of options proposed and made recommendations to the Center
Director regarding which should be considered for implementation. Given
the complex nature of the underlying problem of acetaminophen liver
toxicity, the Center Director and the Working Group agreed that the
options should be presented for public discussion prior to taking
further action. The report of the Working Group will be available by or
around May 22, 2009, at http://www.fda.gov/ohrms/dockets/ac/acmenu.htm,
click on the year 2009 and scroll down to the appropriate advisory
committee link.
    Procedure: Interested persons and Sponsors (representatives from
industry) may present data, information, or views, orally or in
writing, on issues pending before the committee.
    All electronic and written submissions submitted to the Docket (see
above section: Addresses) on or before June 8, 2009, will be provided
to the committees.
    Oral presentations from the public (excluding Sponsors) will be
scheduled between approximately 1 p.m. to 2 p.m. on both days. Persons
desiring to make formal oral presentations during this time should
notify the contact person and submit a brief statement of the general
nature of the evidence or arguments they wish to present, the names and
addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before June
1, 2009. Time allotted for each presentation may be limited. If the
number of registrants requesting to speak is greater than can be
reasonably accommodated during the scheduled open public hearing
session, FDA may conduct a lottery to determine the speakers for the
scheduled open public hearing session. The contact person will notify
interested persons regarding their request to speak at the open public
hearing session by June 3, 2009.
    FDA will work with sponsors of acetaminophen products who wish to
make presentations to ensure that adequate time, separate from the 1
p.m. to 2 p.m. time slots for the general Open Public Hearing, is
provided. Sponsors interested in making formal presentations to the
committees should notify the contact person on or before June 1, 2009.
Sponsors with common interest are urged to coordinate their oral
presentations.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Elaine Ferguson at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/oc/advisory/
default.htm for procedures on public conduct during advisory committee
meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app.).

    Dated: April 16, 2009.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E9-9380 Filed 4-23-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register: June 8, 2009 (Volume 74, Number 108)]
[Rules and Regulations]
[Page 27077-27078]
[DOCID:fr08jn09-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0127; Airspace Docket No. 09-AGL-4]

Amendment of Class E Airspace; Cleveland, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace at Cleveland, OH.
Additional controlled airspace is necessary to accommodate Area
Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at
Lorain County Regional Airport, Lorain, OH. The FAA is taking this
action to enhance the safety and management of Instrument Flight Rule
(IFR) operations at Lorain County Regional Airport.

DATES: Effective Date: 0901 UTC, August 27, 2009. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76193-0530; telephone (817)
321-7716.

SUPPLEMENTARY INFORMATION:

History

    On March 9, 2009, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace at Cleveland,
OH, adding additional controlled airspace at Lorain County Regional
Airport, Cleveland, OH. (74 FR 9973, Docket No. FAA-2009-0127).
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received. Class E airspace designations are published in
paragraph 6005 of FAA Order 7400.9S signed October 3, 2008, and
effective October 31, 2008, which is incorporated by reference in 14
CFR Part 71.1. The Class E airspace designations listed in this
document will be published subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E airspace at Cleveland, OH, adding
additional controlled airspace at Lorain County Regional Airport,
Lorain, OH, for the safety and management of IFR operations.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated

impact is so minimal. Since this is a routine matter that will only
affect air traffic procedures and air navigation, it is certified that
this rule, when promulgated, will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it adds additional controlled airspace in the Cleveland, OH area at
Lorain County Regional Airport, Lorain, OH.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR Part 71 as follows:

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, signed October 3, 2008, and effective October 31,
2008, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

AGL OH E5 Cleveland, OH [Amended]

    That airspace extending upward from 700 feet above the surface
bounded by a line beginning at lat. 41[deg]25'00'' N., long.
82[deg]23'00'' W., to lat. 41[deg]56'00'' N., long. 81[deg]22'00''
W., to lat. 41[deg]48'00'' N., long. 81[deg]02'00'' W., to lat.
41[deg]32'00'' N., long. 81[deg]03'00'' W., to lat. 41[deg]11'00''
N., long. 81[deg]48'00'' W., to lat. 41[deg]11'00'' N., long.
82[deg]21'00'' W., to lat. 41[deg]14'39'' N., long. 82[deg]21'44''
W., to lat. 41[deg]18'06'' N., long. 82[deg]23'52'' W., to lat.
41[deg]18'42'' N., long. 82[deg]22'07'' W., thence to the point of
beginning.
* * * * *

    Issued in Fort Worth, Texas, on May 14, 2009.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-13184 Filed 6-5-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Rules and Regulations]
[Pages 64411-64414]
[FR Doc No: 2012-25981]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0869]
RIN 1625-AA00

Safety Zone; Cooper T. Smith Fireworks Event; Mobile River;
Mobile, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for a
portion of the Mobile River, Mobile, AL in the vicinity of Cooper
Riverside Park. This action is necessary for the protection of persons
and vessels on navigable waters during the Cooper T. Smith Fireworks
Event. Entry into, transiting or anchoring in this zone is prohibited
to all vessels, mariners, and persons unless specifically authorized by
the Captain of the Port Mobile or a designated representative.

DATES: This rule is effective from 9 p.m. to 10 p.m. on October 22,
2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0869. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH''. Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Lenell J. Carson, Sector Mobile,
Waterways Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because there is insufficient time to publish
a NPRM. The Coast Guard received an application for a Marine Event
Permit on August 24, 2012 from Pyro Tecnico to conduct a fireworks
display on October 22, 2012. Publishing a NPRM is impracticable because
it would unnecessarily delay the required safety zone's effective date.
The safety zone is needed to protect persons and vessels from safety
hazards associated with a fireworks display. Additionally, delaying the
safety zone for the NPRM process would unnecessarily interfere with the
event and its possible commercial and contractual obligations.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Delaying the
effective date to provide a full 30 day notice is impracticable because
immediate action is needed to protect persons and vessels from safety
hazards associated with a fireworks display.

B. Basis and Purpose

    Cooper T. Smith Corp. has hired Pyro Tecnico to conduct a fireworks
display on the Mobile River, Mobile, AL in the vicinity of Cooper
Riverside Park. The fireworks fall out zone for this event is 600 feet
and covers the entire width of the Mobile River posing significant
safety hazards to both vessels and mariners operating on the Mobile
River. The Captain of the Port (COTP) Mobile is establishing a
temporary safety zone for a portion of the Mobile River, Mobile, AL, to
protect persons and vessels during the fireworks display. The legal
basis and authorities for this rule are found in 33 U.S.C. 1231, 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; and
Department of Homeland Security Delegation No. 0170.1, which
collectively authorizes the Coast Guard to propose, establish, and
define regulatory safety zones.
    The COTP anticipates minimal impact on vessel traffic due to this
regulation. However, this safety zone is deemed necessary for the
protection of life and property within the COTP Mobile zone.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone for a
portion of the Mobile River, to include all waters within a 600 foot
radius around position 30[deg]41'21.7'' N, 088[deg]02'04.7'' W. This
temporary rule will protect the safety of life and property in this
area. Entry into, transiting or anchoring in this zone is prohibited to
all vessels, mariners, and persons unless specifically authorized by
the COTP Mobile or a designated representative. The COTP may be
contacted by telephone at<PHONE_NUMBER>.
    The COTP Mobile or a designated representative will inform the
public through broadcast notice to mariners of changes in the effective
period for the safety zone. This rule is effective from 9:00 p.m. to
10:00 p.m. on October 22, 2012.

D. Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under that Order.
    The safety zone listed in this rule will restrict vessel traffic
from entering, transiting or anchoring in a small portion of the Mobile
River, Mobile, AL. The effect of this regulation will not be
significant for several reasons: (1) This rule will only affect vessel
traffic for a short duration; (2) vessels may request permission from
the COTP to transit through the safety zone; and (3) the impacts on
routine navigation are expected to be minimal. Notifications to the
marine community will be made through broadcast notice to mariners.
These notifications will allow the public to plan operations around the
affected area.

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 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.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in the affected portions of the Mobile River during a
fireworks display. This safety zone will

not have a significant economic impact on a substantial number of small
entities for the following reasons. The zone is limited in size, is of
short duration and vessel traffic may request permission from the COTP
Mobile or a designated representative to enter or transit through the
zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

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.

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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

Taking of Private Property

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

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, To Minimize Litigation,
Eliminate Ambiguity, and Reduce Burden.

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone on a waterway during a
fireworks display and is not expected to result in any significant
adverse environmental impact as described in NEPA. This rule is
categorically excluded from further review under paragraph (34)(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a categorical exclusion
determination will be made available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T08-0869 to read as follows:

Sec.  165.T08-0869  Cooper T. Smith Fireworks Event; Mobile River;
Mobile, AL.

    (a) Location. The following area is a safety zone: A portion of the
Mobile River, to include all waters within a 600 foot radius around
position 30[deg]41'21.7'' N, 088[deg]02'04.7'' W.
    (b) Enforcement date. This rule will be enforced from 9 p.m. to 10
p.m. on October 22, 2012.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Mobile or a designated
representative.

    (2) Persons or vessels desiring to enter into or passage through
the zone must request permission from the Captain of the Port Mobile or
a designated representative. They may be contacted on VHF-FM channels
16 or by telephone at<PHONE_NUMBER>.
    (3) If permission is granted, all persons and vessels shall comply
with the instructions of the Captain of the Port or designated
representative.
    (d) Informational Broadcasts. The Captain of the Port or a
designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.

    Dated: September 21, 2012.
D.J. Rose,
Captain, U.S. Coast Guard Captain of the Port Mobile.
[FR Doc. 2012-25981 Filed 10-19-12; 8:45 am]
BILLING CODE 9110-04-PENVIRONMENTAL PROTECTION AGENCY


[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Notices]
[Page 50810]
[FR Doc No: 2011-20807]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Executive Committee of the Aviation Rulemaking Advisory
Committee; Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of the Executive Committee of the Aviation Rulemaking Advisory
Committee.

DATES: The meeting will be held on September 29, 2011, at 1 p.m.

ADDRESSES: The meeting will take place at the Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591,
10th floor, MacCracken Room.

FOR FURTHER INFORMATION CONTACT: Renee Butner, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591,
telephone (202) 267- 5093; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under section 10(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App. 2), we are giving notice of a
meeting of the Executive Committee of the Aviation Rulemaking Advisory
Committee taking place on September 29, 2011, at the Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC, 20591.
The Agenda includes:

1. Discussion of restructuring of ARAC
2. Status of Rulemaking Prioritization Working Group (RPWG)
3. Update on FAA response to Process Improvement Working Group (PIWG)
recommendations
4. Status Report from FAA on ARAC Recommendations
5. Issue Area Status Reports from Assistant Chairs
6. Remarks from other EXCOM members

    Attendance is open to the interested public but limited to the
space available. The FAA will arrange teleconference service for
individuals wishing to join in by teleconference if we receive notice
by September 20. Arrangements to participate by teleconference can be
made by contacting the person listed in the FOR FURTHER INFORMATION
CONTACT section. Callers outside the Washington metropolitan area are
responsible for paying long-distance charges.
    The public must arrange by September 20 to present oral statements
at the meeting. The public may present written statements to the
executive committee by providing 25 copies to the Executive Director,
or by bringing the copies to the meeting.
    If you are in need of assistance or require a reasonable
accommodation for this meeting, please contact the person listed under
the heading FOR FURTHER INFORMATION CONTACT.

    Issued in Washington, DC, on August 9, 2011.
Dennis Pratte,
Acting Director, Office of Rulemaking.
[FR Doc. 2011-20807 Filed 8-15-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 24, 2009 (Volume 74, Number 78)]
[Notices]
[Page 18779-18782]
[DOCID:fr24ap09-111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59784; File No. SR-FINRA-2009-019]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Proposed Rule Change To Adopt
FINRA Rules 1010 (Electronic Filing Requirements for Uniform Forms) and
2263 (Arbitration Disclosure to Associated Persons Signing or
Acknowledging Form U4) in the Consolidated FINRA Rulebook

April 17, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 7, 2009, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to adopt, subject to certain amendments, NASD
Rules 1140 (Electronic Filing Rules) and 3080 (Disclosure to Associated
Persons When Signing Form U-4) as FINRA rules in the consolidated FINRA
rulebook. The proposed rule change would renumber NASD Rule 1140 as
FINRA Rule 1010 (Electronic Filing Requirements for Uniform Forms) and
NASD Rule 3080 as FINRA Rule 2263 (Arbitration Disclosure to Associated
Persons Signing or Acknowledging Form U4) in the consolidated FINRA
rulebook.

    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, FINRA 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. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    As part of the process of developing a new consolidated rulebook
(``Consolidated FINRA Rulebook''),\3\ FINRA is proposing to adopt,
subject to certain amendments, NASD Rule 1140 (Electronic Filing Rules)
as new FINRA Rule 1010 (Electronic Filing Requirements for Uniform
Forms) and NASD Rule 3080 (Disclosure to Associated Persons When
Signing Form U-4) as new FINRA Rule 2263 (Arbitration Disclosure to
Associated Persons Signing or Acknowledging Form U4). The details of
the proposed rule change are described below.
---------------------------------------------------------------------------

    \3\ The current FINRA rulebook consists of (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see FINRA Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
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Proposed FINRA Rule 1010
    Web CRD is an interactive, web-based registration system that
maintains the qualification, employment and disclosure information,
fingerprint requirements, registration fees and renewal fees for more
than half a million registered persons.\4\ NASD Rule 1140 supports the
information reported to Web CRD by requiring each member to file its
Forms U4, U5, BR, BDW, and BD amendments (referred to collectively as
``Uniform Forms'') \5\ via electronic process or such other process as
FINRA may prescribe to Web CRD.\6\ NASD Rule 1140 also requires that
the member retain and provide upon regulatory request every original,
signed initial and transfer Form U4 that form the basis of the member's
electronically filed Forms U4 and every record of the member's
electronically filed initial and amended Forms U5.\7\
---------------------------------------------------------------------------

    \4\ The Central Registration Depository (CRD[reg]), which was
developed jointly by FINRA and the North American Securities
Administrators Association (NASAA), was first launched in 1981 to
centralize the registration process for the securities industry.
Over the past two decades, the system has been expanded and modified
extensively to meet the evolving needs of FINRA's constituencies.
CRD became an interactive, web-based registration system (Web CRD)
on August 16, 1999. See NASD Notice to Members 99-63 (August 1999)
(SEC Approves and Adopts Revised Forms and Electronic Filing
Requirement; New Member Applicants Should Continue to File Paper
Forms).
    \5\ The initial Form BD is also a Uniform Form. However, it is
filed with the new membership application, pursuant to NASD Rule
1013 (New Member Application and Interview).
    \6\ See NASD Rule 1140(a) (requiring all forms required to be
filed by Article IV, Sections 1 (Application for Membership), 7
(Transfer and Termination of Membership), and 8 (Registration of
Branch Office) and Article V, Sections 2 (Application for
Registration) and 3 (Notification by Member to the Corporation and
Associated Person of Termination; Amendments to Notification) to be
filed via electronic process or such other process as FINRA may
prescribe); see also Securities Exchange Act Release No. 41575 (June
29, 1999), 64 FR 36728 (July 7, 1999) (Order Approving File No. SR-
NASD-99-28); NASD Notice to Members 99-63 (August 1999) (informing
members of revised Forms U4, U5, BD, and BDW and requirement that
such forms and their amendments must be filed electronically
pursuant to NASD Rule 1140).
    \7\ NASD Rule 1140 also addresses the continued submission of
paper fingerprint cards in the Web CRD electronic filing environment
by requiring a member, upon electronically filing a Form U4, to
promptly submit the fingerprint information for the person named in
the Form U4. Pursuant to NASD Rule 1140, FINRA may make a
registration effective pending receipt of the fingerprint card and
also place a person in an inactive status if FINRA does not receive
the fingerprint card within 30 days of the filing of a Form U4.
---------------------------------------------------------------------------

    Additionally, NASD Rule 1140 requires each member to identify a
registered principal(s) or corporate officer(s) who has a position of
authority over registration functions to be responsible for supervising
the firm's electronic filings. Also, the registered principal(s) or
corporate officer(s) who has the responsibility to review and approve
the electronically filed forms must acknowledge, electronically, that
he is filing the information on behalf of the member and the member's
associated persons. Finally, the rule permits a member to use third-
party providers to submit electronic filings; however, the member
remains ultimately responsible for the timeliness and content of the
filings.\8\
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    \8\ See Securities Exchange Act Release No. 41575 (June 29,
1999), 64 FR 36728, 36729 (July 7, 1999) (Order Approving File No.
SR-NASD-99-28) (specifically noting that members may use service
bureaus to submit their electronic filings required by NASD Rule
1140 but noting that the members remain ultimately responsible for
the timeliness and content of the filings).
---------------------------------------------------------------------------

    The proposed rule change amends these rule requirements in several
respects. First, the proposed rule change codifies FINRA's position
that every initial and transfer electronic Form U4 must be based on an
original, manually signed Form U4 provided to the member by the person
on whose behalf the Form U4 is being filed.\9\ While the current rule
specifies that an electronic initial and transfer Form U4 must be based
on a signed Form U4, it does not expressly state that such signatures
be manual. FINRA believes it is important to have clear evidence of the
associated person's execution of the initial and transfer Form U4s,
including his or her agreement to the attestations set forth in the
form.
---------------------------------------------------------------------------

    \9\ Under the CRD system, the member submits the form on behalf
of the associated person by typing the person's name into the
signature box on the electronic form.
---------------------------------------------------------------------------

    Second, the proposed rule change modifies the signature requirement
with respect to amendments to disclosure information in the Form U4.
Currently, amendments to Form U4 that provide disclosure information
must be signed by the associated person on whose behalf the filing is
made. However, the new FINRA rule would permit a firm to file
amendments to the Form U4 disclosure information without obtaining the
registered person's manual signature if the firm uses reasonable
efforts to (1) provide the registered person with a copy of the amended
disclosure information prior to filing and (2) obtain the registered
person's written acknowledgment (which may be electronic) prior to
filing that the information has been received and reviewed. The
proposed rule change also requires a member, as part of its
recordkeeping requirements, to retain the written acknowledgment in
accordance with SEA Rule 17a-4(e)(1) and make it available promptly
upon regulatory request.\10\
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    \10\ In February 2008, at FINRA's request, the SEC staff issued
a no-action letter regarding the ability of FINRA members to rely on
Web CRD to satisfy their record retention requirements under SEA
Rule 17a-4 with respect to certain Forms U4, U5 and BR filed in Web
CRD. See Letter from Thomas K. McGowan, Assistant Director, Division
of Trading and Markets, SEC, to Richard E. Pullano, Associate Vice
President and Chief Counsel, Registration and Disclosure, FINRA,
dated February 19, 2008. In short, such relief extends to, among
other things, Form U4 amendments that do not require the registered
person's signature. Because FINRA's request for no-action relief
excluded Form U4 amendments that provide or update disclosure
information (on the basis that such amendments required the
registered person's signature), FINRA sought clarification from SEC
staff on the extent of the relief in light of the proposed rule
change. The SEC staff has affirmed in a conversation with FINRA
staff that, if the proposed rule change is approved, the no-action
relief provided in the February 19, 2008 letter will extend to Form
U4 amendments that provide or update disclosure information that are
submitted pursuant to the proposed rule change without obtaining the
registered person's manual signature. Telephone conversation between
Thomas K. McGowan, Assistant Director, Division of Trading and
Markets, SEC, and Patrice Gliniecki, Senior Vice President & Deputy
General Counsel and Richard E. Pullano, Associate Vice President &
Chief Counsel, Registration and Disclosure, FINRA, dated March 5,
2009.

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

    Third, the proposed rule change clarifies that a member must submit
disclosure information to [sic] which it has knowledge in those cases
where the member is not able to obtain an associated person's manual
signature or written acknowledgment of the amendment. FINRA believes it
is important to codify the firm's obligation to submit such disclosure
information, consistent with the obligation under Article V, Section 2
of the FINRA By-Laws that every Form U4 be kept current. Proposed
supplementary material sets forth examples of reasons why a member may
not be able to obtain the associated person's manual signature or
written acknowledgment. They include, but are not limited to, the
associated person refusing to acknowledge the information in writing,
being on active military duty, or otherwise being unavailable during
the period provided for filing the amendment. In such instances, the
proposed supplementary material instructs a member to enter
``Representative Refused to Sign/Acknowledge'' or ``Representative Not
Available'' or a substantially similar entry in the signature box to
the electronic form. This instruction is generally consistent with
current practice in instances where an associated person is unable or
unavailable to sign a disclosure information amendment.\11\
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    \11\ FINRA will consider future enhancements to the CRD system
that may include incorporating a ``drop down'' menu, or some
substantially similar method for recording the reason the registered
person has not acknowledged the filing, to assist firms in
completing the signature section in these circumstances.
---------------------------------------------------------------------------

    Fourth, the proposed rule change incorporates Web CRD's current
practice of permitting Form U4 administrative information to be amended
without obtaining the associated person's signature (manual or
otherwise).\12\ Proposed supplementary material explains that such
administrative information includes items such as the addition of state
or self-regulatory organization registrations, exam scheduling, and
updates to residential, business, and personal history.
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release No. 41575 (June 29,
1999), 64 FR 36728, 36729 n.7 (July 7, 1999) (Order Approving File
No. SR-NASD-99-28); see also Securities Exchange Act Release No.
37439 (July 15, 1996), 61 FR 37950 (July 22, 1996) (Order Approving
File No. SR-NASD-96-21).
---------------------------------------------------------------------------

    Fifth, the proposed rule change proposes supplementary material
expressly permitting the registered principal(s) or corporate
officer(s) who is responsible for supervising a firm's electronic
filings to delegate to another associated person (who need not be
registered) the electronic filing of the member's forms via Web CRD.
The delegatee may also acknowledge, electronically, that he is making
the filing on behalf of the member and the member's associated person.
The proposed supplementary material makes clear, however, that the
principal(s) or corporate officer(s) may not delegate any of his or her
supervision, review and approval responsibilities and must take
reasonable and appropriate action to ensure that all delegated
electronic filing functions are properly executed and supervised.
    Sixth, the staff proposes to retain, but relocate to supplementary
material, the provision allowing firms to enter into third-party
agreements for the electronic filing of the required forms. The
supplementary material makes clear that the firm remains responsible
for complying with the requirements of the rule.
    Finally, the staff proposes to make other technical changes, such
as making clarifying rule cross-references, replacing the reference to
fingerprint ``cards'' with fingerprint ``information,'' \13\ and noting
the applicable retention periods for the forms under SEA Rule 17a-
4.\14\
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    \13\ This proposed change recognizes that recent technological
improvements to FINRA's fingerprinting plan permit members to submit
fingerprints and identifying information to FINRA using either paper
fingerprint cards or by electronically sending a digitized image of
the fingerprints. See Securities Exchange Act Release No. 53751 (May
2, 2006), 71 FR 27299 (May 10, 2006) (Order Approving [sic] NASD
Fingerprint Plan). The document is entitled, ``Declaration of
Effectiveness of the Fingerprint Plan of the National Association of
Securities Dealers, Inc.''
    \14\ The proposed rule clarifies that initial and amendments to
Forms U4 (and related acknowledgments) must be retained until at
least three years after the registered person's employment and any
other connection with the member has terminated. See SEA Rule 17a-
4(e)(1). In addition, initial and amendments to Forms U5 must be
retained for at least three years, the first two years in an easily
accessible place. See SEA Rule 17a-4.
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Proposed FINRA Rule 2263
    NASD Rule 3080 (Disclosure to Associated Persons When Signing Form
U4) requires members to provide each associated person, whenever the
associated person is asked to sign a new or amended Form U4, with
certain written disclosures regarding the nature and process of
arbitration proceedings. The associated person agrees to be bound by
this process upon signing a Form U4. The disclosures required by NASD
Rule 3080 may be given by the same member firm to the same associated
person on more than one occasion during that person's employment, if
the associated person has reason to re-sign the Form U4. NASD Rule 3080
does not address any private arbitration agreements that the associated
person might enter into with the member firm.
    The disclosure language in NASD Rule 3080 explains that the Form U4
contains a predispute arbitration clause, indicates in which Item of
the Form U4 the clause is located \15\ and advises the associated
person to read the predispute arbitration clause. Rule 3080 was modeled
on the disclosure given to customers when signing predispute
arbitration agreements with member firms, as contained in NASD Rule
3110(f).\16\
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    \15\ The member is responsible for updating this item number on
new disclosure statements if it changes in later versions of the
Form U4. See Securities Exchange Act Release No. 42061 (October 27,
1999), 64 FR 59815, 59817 n.11 (November 3, 1999) (Order Approving
File No. SR-NASD-99-08).
    \16\ FINRA is proposing to renumber NASD Rule 3110(f) as FINRA
Rule 2268 (Requirements When Using Predispute Arbitration Agreements
for Customer Accounts), a stand-alone rule in the disclosure section
of the Consolidated FINRA Rulebook. See FINRA Regulatory Notice 08-
25 (May 2008) (Proposed Consolidated FINRA Rules Governing Books and
Records Requirements).
---------------------------------------------------------------------------

    Specifically, NASD Rule 3080 provides that, before signing a Form
U4, an associated person should understand the following (1) the
associated person is giving up the right to sue a member, customer or
another associated person in court, except as provided by the rules of
the arbitration forum in which a claim is to be filed; (2) there is an
exception to the arbitration requirement for claims of statutory
employment discrimination \17\ (such a claim may be arbitrated at FINRA
only if the parties have agreed to arbitrate it); (3) arbitration
awards are generally final and binding; (4) discovery is generally more
limited in arbitration than in court; (5) arbitrators do not have to
explain the reasons for their awards; (6) the panel of arbitrators may
include either public or industry arbitrators; and

(7) the rules of some arbitration forums may impose time limits for
bringing a claim in arbitration; in some cases, a claim that is
ineligible for arbitration may be brought in court.
---------------------------------------------------------------------------

    \17\ See FINRA Rule 13201.
---------------------------------------------------------------------------

    The proposed rule change transfers NASD Rule 3080 into the
Consolidated FINRA Rulebook as FINRA Rule 2263 with several minor
changes. First, the proposed rule change amends the current title
``Disclosure to Associated Person When Signing Form U-4'' to clarify
that the rule relates to arbitration disclosures. Accordingly, the new
proposed title is ``Arbitration Disclosure to Associated Persons
Signing or Acknowledging Form U4.''
    Second, proposed FINRA Rule 2263 clarifies that a member must
provide the required arbitration disclosures whenever a member asks an
associated person, pursuant to proposed FINRA Rule 1010 (as described
above), to manually sign an initial or amended Form U4, or to otherwise
provide written (which may be electronic) acknowledgement of an
amendment to the Form.
    Lastly, the proposed rule change updates the rule language to
reflect recent amendments to FINRA's Code of Arbitration Procedure
requiring arbitrators to provide an explained decision to the parties
in eligible cases if there is a joint request by all parties at least
20 days before the first scheduled hearing date.\18\
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    \18\ See Securities Exchange Act Release No. 59358 (Feb. 4,
2009), 74 FR 6928 (Feb. 11, 2009) (Order Approving File No. SR-
FINRA-2008-051).
---------------------------------------------------------------------------

    FINRA will announce the implementation date of the proposed rule
change in a Regulatory Notice to be published no later than 90 days
following Commission approval.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\19\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed changes to NASD Rule
1140 will clarify and streamline the Form U4 electronic filing and
amendment requirements for both members and members' associated
persons, consistent with the goals of investor protection. FINRA also
believes that the proposed changes to NASD Rule 3080 will clarify the
required arbitration disclosures and when members must provide those
disclosures to their associated persons.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in
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

    Written comments were neither solicited nor received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2009-019 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-FINRA-2009-019. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. 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-FINRA-2009-019 and should be
submitted on or before May 15, 2009

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-9372 Filed 4-23-09; 8:45 am]

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[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Rules and Regulations]
[Pages 40011-40023]
[FR Doc No: 2023-13152]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0671; Project Identifier AD-2022-01428-T;
Amendment 39-22469; AD 2023-12-11]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-03-
20, which applied to all The Boeing Company Model 737-8, 737-9, and
737-8200 airplanes. AD 2022-03-20 required revising the limitations and
operating procedures sections of the existing airplane flight manual
(AFM) to incorporate limitations prohibiting the use of certain minimum
equipment list (MEL) items, and to incorporate operating procedures for
calculating takeoff and landing distances, when in the presence of
interference from wireless broadband operations in the 3.7-3.98 GHz
frequency band (5G C-Band) as identified by Notices to Air Missions
(NOTAMs). Since the FAA issued AD 2022-03-20, the FAA determined that
additional limitations are needed due to the continued deployment of
new 5G C-Band base stations whose signals are expected to cover most of
the contiguous United States at transmission frequencies between 3.7-
3.98 GHz. This AD requires revising the limitations section of the
existing AFM to incorporate limitations prohibiting the use of certain
MEL items, and would retain the operating procedures from AD 2022-03-20
for calculating takeoff and landing distances, due to the presence of
5G C-Band interference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective June 21, 2023.

ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov
under Docket No. FAA-2023-0671; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this final rule, any comments
received, and other information. The address for Docket Operations is
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Brett Portwood, Continued Operational
Safety Technical Advisor, COS Program Management Section, Operational
Safety Branch, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2022-03-20, Amendment 39-21937 (87 FR 4787,
January 31, 2022) (AD 2022-03-20). AD 2022-03-20 applied to all The
Boeing Company Model 737-8, 737-9, and 737-8200 airplanes. The NPRM
published in the Federal Register on May 3, 2023 (88 FR 27786). The
NPRM was prompted by a determination that radio altimeters cannot be
relied upon to perform their intended function if they experience 5G C-
Band interference, and a determination that, during takeoffs and
landings, as a result of this interference, certain airplane systems
may not properly function, resulting in longer than normal landing or
rejected takeoff distances due to the effect on thrust reverser
deployment, spoilers, speedbrake deployment, and increased idle thrust,
regardless of the approach type or weather.
    In the NPRM, the FAA proposed to retain the requirements of AD
2022-03-20 until June 30, 2023. On or before June 30, 2023, the FAA
proposed to require replacing those AFM limitations with limitations
prohibiting the same dispatching or releasing to airports, and takeoff
or landings on runways, and use of certain MEL items at all airports
for non-radio altimeter tolerant airplanes. For radio altimeter
tolerant airplanes, the FAA proposed to allow the prohibited operations
at 5G C-Band mitigated airports (5G CMAs) as identified in an FAA
Domestic Notice. The FAA proposed this AD to address degraded
deceleration performance, which could lead to a runway excursion.

Discussion of Final Airworthiness Directive

Comments

    The FAA provided the public with an opportunity to comment on the
proposed AD and received comments from four commenters. The following
presents the comments received on the NPRM and the FAA's response to
each comment.

Support for NPRM

    Boeing and the Air Line Pilots Association, International (ALPA),
supported the NPRM without change.
    The supportive comments from ALPA included additional viewpoints
without a suggestion specific to the AD or a request the FAA can act
on. These comments are outside the scope of this AD.

Request To Extend Compliance Time

    Comment summary: Southwest Airlines and American Airlines expressed
concern regarding the compliance time for the proposed actions and
requested the FAA revise the AD to provide a minimum of 30 days from
the effective date of the AD.
    FAA response: The FAA understands the commenters' concerns and made
every effort to publish this AD as soon as possible. After refraining
from operating at their FCC-authorized levels for a year and a half,
wireless companies are now able to operate at higher levels, yet still
not at the levels authorized. Specifically, wireless companies expect
to operate their networks in urban areas with minimal restrictions due
to the completion of retrofits. Additionally, the FAA anticipates 19
additional telecommunication companies will begin transmitting in the
C-Band after June 30, 2023. Although the FAA continues to work with the
companies that intend to transmit in the 3.7-3.98-GHz band near 5G
CMAs, the FAA has no agreement with those companies to provide the FAA
with tower locations and other information necessary to support the
current NOTAM/AMOC process. Therefore, the FAA will not be able to
extend the June 30, 2023, date.

Conclusion

    The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. This AD is adopted as proposed in the
NPRM.

Interim Action

    The FAA considers this AD to be an interim action. Once the
Technical Standard Order (TSO) standard for radio altimeters is
established, which will follow the existing international technical
consensus on the establishment of the minimum operational performance
standards (MOPS), the FAA anticipates that the MOPS will be
incorporated into the TSO. Once a new radio altimeter TSO is developed,
approved, and available,

the FAA might consider additional rulemaking.

Effective Date

    Section 553(d) of the Administrative Procedure Act (APA) (5 U.S.C.
551 et seq.) requires publication of a rule not less than 30 days
before its effective date. However, section 553(d) authorizes agencies
to make rules effective in less than 30 days when the agency finds
``good cause.'' Radio altimeters cannot be relied upon to perform their
intended function if they experience interference from wireless
broadband operations in the 5G C-Band. This interference can cause
other airplane systems to not properly function, resulting in longer
than normal landing or rejected takeoff distances due to the effect on
thrust reverser deployment, spoilers, speedbrake deployment, and
increased idle thrust, regardless of the approach type or weather. To
address this unsafe condition, the actions required by this AD must be
accomplished before the compliance date of June 30, 2023. The FAA based
this date on the changes to the 5G C-Band environment beginning on July
1, 2023. These changes include increased wireless broadband deployment
and transmissions closer to the parameters authorized by the FCC. The
earlier operators learn of the requirements in this AD, the earlier
they can take action to ensure compliance. An effective date less than
30 days would ensure the AD is codified earlier, thereby increasing
awareness of its requirements. Therefore, the FAA finds that good cause
exists pursuant to 5 U.S.C. 553(d) for making this amendment
immediately effective.

Costs of Compliance

    The cost information below describes the costs to change the AFM.
Although this AD largely maintains the AFM limitations currently
required by AD 2022-03-20, the FAA acknowledges that this AD may also
impose costs on some aircraft operators from having to change their
conduct to comply with the amended AFM. However, the FAA lacks the data
necessary to quantify the costs associated with aircraft operators
changing their conduct.
    The FAA estimates that this AD affects 276 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
AFM revision (retained actions from AD  1 work-hour \1\ x $85                 $0             $85         $23,460
 2022-03-20).                            per hour = $85.
New AFM revisions (new action)........  1 work-hour x $85 per                  0              85      \2\ 23,460
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------
\1\ The labor rate of $85 per hour is the average wage rate for an aviation mechanic.
\2\ The estimated cost for this revision would not constitute a significant economic impact (even for small
  entities) because $85 is a minimal cost compared to the regular costs of maintaining and operating a Model 737-
  8, 737-9, or 737-8200 transport category airplane.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2022-03-20, Amendment 39-21937
(87 FR 4787, January 31, 2022), and
0
b. Adding the following new AD:

2023-12-11 The Boeing Company: Amendment 39-22469; Docket No. FAA-
2023-0671; Project Identifier AD-2022-01428-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 21, 2023.

(b) Affected ADs

    This AD replaces AD 2022-03-20, Amendment 39-21937 (87 FR 4787,
January 31, 2022) (AD 2022-03-20).

(c) Applicability

    This AD applies to all The Boeing Company 737-8, 737-9, and 737-
8200 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by a determination that radio altimeters
cannot be relied upon to perform their intended function if they
experience interference from wireless broadband operations in the
3.7-3.98 GHz frequency band (5G C-Band), and a determination that,
during takeoffs and landings, as a result of this interference,
certain airplane systems may not properly

function, resulting in longer than normal landing or rejected
takeoff distances due to the effect on thrust reverser deployment,
spoilers, speedbrake deployment, and increased idle thrust,
regardless of the approach type or weather. The FAA is issuing this
AD to address degraded deceleration performance, which could lead to
a runway excursion.

(f) Compliance

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

(g) Definitions

    (1) For purposes of this AD, a ``5G C-Band mitigated airport''
(5G CMA) is an airport at which the telecommunications companies
have agreed to voluntarily limit their 5G deployment at the request
of the FAA, as identified by an FAA Domestic Notice.
    (2) For purposes of this AD, a ``radio altimeter tolerant
airplane'' is one for which the radio altimeter, as installed,
demonstrates the tolerances specified in paragraphs (g)(2)(i) and
(ii) of this AD, using a method approved by the FAA.
    (i) Tolerance to radio altimeter interference, for the
fundamental emissions (3.7-3.98 GHz), at or above the power spectral
density (PSD) curve threshold specified in figure 1 to paragraph
(g)(2)(i) of this AD.
BILLING CODE 4910-13-P

Figure 1 to paragraph (g)(2)(i)--Fundamental Effective Isotropic PSD
at Outside Interface of Aircraft Antenna
[GRAPHIC] [TIFF OMITTED] TR21JN23.108

    (ii) Tolerance to radio altimeter interference, for the spurious
emissions (3.7-3.98 GHz), at or above the PSD curve threshold
specified in figure 2 to paragraph (g)(2)(ii) of this AD.

Figure 2 to paragraph (g)(2)(ii)--Spurious Effective Isotropic PSD
at Outside Interface of Aircraft Antenna
[GRAPHIC] [TIFF OMITTED] TR21JN23.109

    (3) For purposes of this AD, a ``non-radio altimeter tolerant
airplane'' is one for which the radio altimeter, as installed, does
not demonstrate the tolerances specified in paragraphs (g)(2)(i) and
(ii) of this AD.
    (4) Runway condition codes are defined in figure 3 to paragraph
(g)(4) of this AD.

Figure 3 to paragraph (g)(4)--Runway Condition Codes

[GRAPHIC] [TIFF OMITTED] TR21JN23.110

(h) Retained Airplane Flight Manual (AFM) Revision

    This paragraph restates the requirements of paragraph (h) of AD
2022-03-20.
    (1) Within 2 days after January 31, 2022 (the effective date of
AD 2022-03-20): Revise the Limitations Section of the existing AFM
to include the information specified in figure 4 to paragraph (h)(1)
of this AD. This may be done by inserting a copy of figure 4 to
paragraph (h)(1) of this AD into the existing AFM.

Figure 4 to paragraph (h)(1)--AFM Limitations Revisions
[GRAPHIC] [TIFF OMITTED] TR21JN23.111

    (2) Within 2 days after January 31, 2022 (the effective date of
AD 2022-03-20): Revise the Operating Procedures Section of the
existing AFM to include the information specified in figure 5 to
paragraph (h)(2) of this AD. This may be done by inserting a copy of
figure 5 to paragraph (h)(2) of this AD into the existing AFM.

Figure 5 to paragraph (h)(2)--AFM Operating Procedures Revision
[GRAPHIC] [TIFF OMITTED] TR21JN23.112

[GRAPHIC] [TIFF OMITTED] TR21JN23.113

[GRAPHIC] [TIFF OMITTED] TR21JN23.114

[GRAPHIC] [TIFF OMITTED] TR21JN23.115

[GRAPHIC] [TIFF OMITTED] TR21JN23.116

[GRAPHIC] [TIFF OMITTED] TR21JN23.117

(i) New Requirement: AFM Revision for Non-Radio Altimeter Tolerant
Airplanes

    For non-radio altimeter tolerant airplanes, do the actions
specified in paragraphs (i)(1) and (2) of this AD.
    (1) On or before June 30, 2023, revise the Limitations Section
of the existing AFM to include the information specified in figure 6
to paragraph (i) of this AD. This may be done by inserting a copy of
figure 6 to paragraph (i) of this AD into the existing AFM.
Incorporating the AFM revision required by this paragraph terminates
the AFM revision required by paragraph (h)(1) of this AD.
    (2) Before further flight after incorporating the limitations
specified in figure 6 to paragraph (i) of this AD, remove the AFM
revision required by paragraph (h)(1) of this AD.

Figure 6 to paragraph (i)--AFM Revision for Non-Radio Altimeter
Tolerant Airplanes
[GRAPHIC] [TIFF OMITTED] TR21JN23.118

(j) New Requirement: AFM Revision for Radio Altimeter Tolerant
Airplanes

    For radio altimeter tolerant airplanes, do the actions specified
in paragraphs (j)(1) and (2) of this AD.
    (1) On or before June 30, 2023, revise the Limitations Section
of the existing AFM to include the information specified in figure 7
to paragraph (j) of this AD. This may be done by inserting a copy of
figure 7 to paragraph (j) of this AD into the existing AFM.
Incorporating the AFM revision required by this paragraph terminates
the AFM revision required by paragraph (h)(1) of this AD.
    (2) Before further flight after incorporating the limitations
specified in figure 7 to paragraph (j) of this AD, remove the AFM
revision required by paragraph (h)(1) of this AD.

Figure 7 to paragraph (j)--AFM Revision for Radio Altimeter Tolerant
Airplanes
[GRAPHIC] [TIFF OMITTED] TR21JN23.119

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Operational Safety Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the manager of the Operational Safety Branch, send it to the
attention of the person identified in paragraph (l) 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 responsible Flight Standards Office.
    (3) AMOCs approved for AD 2021-23-12, Amendment 39-21810 (86 FR
69984, December 9, 2021) providing relief for specific radio
altimeter installations are approved as AMOCs for the requirements
specified in paragraph (h) of this AD until June 30, 2023.

(l) Related Information

    For more information about this AD, contact Brett Portwood,
Continued Operational Safety Technical Advisor, COS Program
Management Section, Operational Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; email:
[email protected].

(m) Material Incorporated by Reference

    None.

    Issued on June 9, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-13152 Filed 6-16-23; 11:15 am]
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