[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Notices]
[Pages 9413-9414]
[FR Doc No: 2022-03486]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2022-0211]

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Aviation
Insurance

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The collection involves obtaining basic information from
new aviation insurance applicants about eligible aviation insurance
applicants needed to establish a legally binding, non-premium insurance
policy with the FAA, as requested by another Federal agency, such as
the applicants name and address, and the aircraft to be covered by the
policy. The information collected will be used to determine whether
applicants are eligible for Chapter 443 insurance and the amount of
coverage necessary; populate non-premium insurance policies with the
legal name and address; and meet conditions of coverage required by
each insurance policy. As a condition of coverage, air carriers will be
required to submit any changes to the basic information initially
submitted on the application, as necessary. Air carriers will also be
responsible for providing a copy of their current commercial insurance
policy on an ongoing basis, and aircraft registration and serial
numbers for any new aircraft the air carrier would like to add to the
policy. This information will form part of a legally binding agreement
(i.e., insurance policy) between the FAA and air carrier. Failure to
provide this updated information could result in lack or denial of
coverage.

DATES: Written comments should be submitted by April 15, 2022.

ADDRESSES: Please send written comments:

By Electronic Docket: www.regulations.gov (Enter docket number into
search field)
By mail: James Poe, 4848 Lambs Knolls Rd., Boonsboro, MD 21713
By fax:<PHONE_NUMBER>

FOR FURTHER INFORMATION CONTACT: James Poe by email at:
[email protected]; phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0514.
    Title: Aviation Insurance.
    Form Numbers: 2120-0514.
    Type of Review: Renewal of an information collection.
    Background: Title 49 U.S.C. 44305 authorizes the Administrator of
the Federal Aviation Administration, acting pursuant to a delegation of
authority from the Secretary of Transportation, to provide aviation
insurance at the request of another Federal agency, without premium,
provided that the head of the Federal agency agrees to indemnify the
FAA from loss.
    The FAA Non-Premium Aviation War Risk Insurance Program offers war
risk coverage, without premium, to air carriers at the request of DoD
and other Federal agencies. DoD and other Federal agencies rely on the
FAA to provide aviation war risk insurance to contracted air carriers
supporting mission objectives and operations that is not available
commercially on reasonable terms and conditions. Air carriers never
insured under the FAA Non-Premium War Risk Insurance

Program must submit an application before the FAA can provide coverage.
    Respondents: The FAA currently insure 31 U.S. air carriers through
its Non-Premium Aviation Insurance Program at the request of other
Federal agencies. We estimate the addition of one new air carrier to
the program each year. In addition, air carriers insured will be
required to provide and update information on an ongoing basis as a
condition of insurance coverage and to remain eligible for insurance
policy renewals.
    Frequency: The initial application for insurance is required only
from air carriers that have not previously received aviation insurance
from the FAA. We estimate one new air carrier will need to submit an
application annually; 6 insured air carriers will need to update basic
information submitted on their initial application, such as business
name and/or address, annually; 31 insured air carriers will be required
to provide one commercial insurance policy to the FAA annually by
uploading an electronic image into the FAA's Aviation Insurance Data
Management System (AIDMS) annually; and 31 insured air carriers will
need to update their Schedule of Aircraft with aircraft registration
data adding and removing a total of 550 aircraft to or from AIDMS,
annually.
    Estimated Average Burden per Response: Initial Application--4
hours; Commercial Policy Submission--10 minutes; Business Information
Update--5 minutes; and Aircraft Schedule Update--2 minutes per
aircraft.
    Estimated Total Annual Burden: 28 hours.

    Issued in Washington, DC, on February 14, 2022.
James W. Poe, III,
Program Manager, Aviation Insurance, Command and Control Communications
(C3) Division (AXE-400), Office of National Security Programs and
Incident Response, Federal Aviation Administration.
[FR Doc. 2022-03486 Filed 2-17-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Proposed Rules]
[Pages 51288-51292]
[FR Doc No: 2014-20177]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2014-0283; FRL 9915-08-OAR]
RIN 2060-AS19

Regulation of Fuels and Fuel Additives: Extension of the
Reformulated Gasoline Program to Maine's Southern Counties

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
extend the Clean Air Act's (CAA) prohibition against the sale of
conventional gasoline in reformulated gasoline (RFG) areas to the
southern Maine counties of York, Cumberland, Sagadahoc, Androscoggin,
Kennebec, Knox, and Lincoln. This proposal is based on a request from
the Governor of the State of Maine for areas within the ozone transport
region established under the CAA. The CAA does not give the EPA
discretion to deny a Governor's request on this matter. The scope of
the EPA's discretion is limited to establishing the date that the
prohibition commences. Consistent with the Governor's request, the EPA
proposes that this prohibition commence on May 1, 2015 for all
refiners, importers, and distributors in the Maine counties referenced
in the Governor's request, and on June 1, 2015 for all retailers and
wholesale purchaser-consumers in those counties. The EPA is also adding
in its RFG opt-out rules a provision to reflect that there is a four-
year minimum opt-in period for areas that opt into the RFG program on
the basis of their location within the ozone transport region. This
clarification will align the federal regulation for RFG opt-out
requirements with the CAA.

DATES: Comments must be received on or before September 29, 2014 unless
a public hearing is requested by September 12, 2014. If the EPA
receives such a request, we will publish information related to the
timing and location of the hearing and a new deadline for public
comment.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2014-0283, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Mail: Air Docket, Environmental Protection Agency,
Mailcode: 6102T, 1200 Pennsylvania Ave. NW., Washington, DC 20460,
Attention Docket ID No. EPA-HQ-OAR-2014-0283. Please include a total of
two copies.
     Hand Delivery: Air and Radiation Docket, EPA Docket
Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW.,
Washington, DC 20004. Attention Docket ID No. EPA-HQ-OAR-2014-0283.
Please include two copies. Such deliveries are accepted only during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2014-0283. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means that EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to the EPA without going through
www.regulations.gov your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, the EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should avoid the use
of special characters, any form of encryption, and be free of any
defects or viruses. For additional information about the EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the Air
Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Patty Klavon, Office of Transportation
and Air Quality, Environmental Protection Agency, 2000 Traverwood
Drive, Ann Arbor, Michigan 48105; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in
the following outline:

I. General Information
II. Public Participation
III. Background and Proposal
IV. Environmental Impact
V. Statutory and Executive Order Reviews

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this rule are fuel producers and
distributors who do business in Maine.

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                                                             NAICS \1\
       Examples of potentially regulated entities              codes
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Petroleum refineries....................................          324110
Gasoline Marketers and Distributors.....................          424710
                                                                  424720
Gasoline Retail Stations................................          447110
Gasoline Transporters...................................          484220
                                                                  484230
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\1\ North American Industry Classification System.

    The above table is not intended to be exhaustive, but rather
provides a guide for readers regarding entities likely to be regulated
by this action. The table lists the types of entities of which the EPA
is aware that potentially could be affected by this rule. Other types
of entities not listed on the table could also be affected by this
rule. To determine whether your organization could be affected by this
rule, you should carefully examine the regulations in 40 CFR 80.70. If
you have questions regarding the applicability of this action to a
particular entity, call the person listed in the FOR FURTHER
INFORMATION CONTACT section of this preamble.

B. What should I consider as I prepare my comments?

1. Submitting CBI
    Do not submit CBI to the EPA through www.regulations.gov or email.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI information in a disk or CD-ROM that you mail to the EPA,
mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
2. Tips for Preparing Your Comments
    When submitting comments, remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.
3. Docket Copying Costs
    You may be required to pay a reasonable fee for copying docket
materials.

II. Public Participation

A. Public Comments

    Clean Air Act (CAA) section 211(k)(6)(B) states that, ``[o]n
application of the Governor of a State in the ozone transport region
established by [section 184(a) of the CAA], the Administrator . . .
shall apply the prohibition'' against the sale of conventional gasoline
to any area of the State other than an area classified as a marginal,
moderate, serious, or severe ozone nonattainment area. CAA section
211(k)(6)(B) provides the EPA limited discretion to establish the date
that this prohibition commences based on consideration of whether there
is sufficient capacity to supply RFG to the area. However, the CAA does
not give the EPA discretion to deny a Governor's request for an RFG
opt-in for a qualifying area.
    The EPA is acting on a request made by the Governor of the State of
Maine to extend the CAA prohibition against the sale of conventional
gasoline in RFG areas to the southern Maine counties of York,
Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox, and Lincoln (the
``Southern Maine Counties'') which are part of the ozone transport
region established by CAA Section 184(a). The State of Maine requested
that the prohibition commence on June 1, 2015. Therefore, the scope of
today's action is limited to proposing the date on which the
prohibition commences for the Southern Maine Counties' opt-in to the
federal RFG program, and not whether those counties should opt in to
the federal RFG program. Thus, the EPA is not soliciting comments that
support or oppose participation by the Southern Maine Counties in the
federal RFG program. The EPA is, however, requesting comment regarding
whether there will be a sufficient capacity to supply RFG to these
seven counties beginning May 1, 2015 for refiners, importers, and
distributors, and on June 1, 2015 for retailers and purchaser-
consumers.
    Additionally, the EPA is adding in its opt-out regulations at 40
CFR 80.72 a provision to reflect that there is a four-year minimum opt-
in period for areas that opt into the RFG program on the basis of their
location within the ozone transport region. This clarification will
align the federal regulation for RFG opt-out requirements with CAA
section 211(k)(6)(B)(ii)(II).

B. Public Hearing

    The EPA will not hold a public hearing on this matter unless a
request is received by the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble by September 12, 2014. If
the EPA receives such a request, we will publish information related to
the timing and location of the hearing and a new deadline for public
comment.

III. Background and Proposal

A. Background on the Federal Reformulated Gasoline Program

    The purpose of the federal RFG program is to improve air quality in
certain areas through the use of gasoline that is reformulated to
reduce motor vehicle emissions of tropospheric ozone-forming compounds,
as set forth in CAA section 211(k)(1). The EPA first published
regulations for the federal RFG program on February 16, 1994. (59 FR
7716). RFG makes up over 30 percent of the volume of motor vehicle
gasoline consumed in the United States \2\ and is used in 17 states and
the District of Columbia.\3\
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    \2\ See the U.S. Energy Information Administration statistics on
consumption and sales of petroleum and other liquids at: http://www.eia.gov/petroleum/reports.cfm?t=164.
    \3\ For a map showing current RFG areas, please visit the EPA's
Web site at: http://www.epa.gov/otaq/fuels/gasolinefuels/rfg/areas.htm.
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    CAA section 211(k)(5) prohibits the sale of conventional gasoline
(i.e., gasoline that the EPA has not certified as reformulated) in
certain ozone nonattainment areas beginning January 1, 1995. CAA
section 211(k)(10)(D) defines the areas initially covered by the
federal RFG program as ozone nonattainment areas having a 1980
population in excess of 250,000 and having the highest ozone design
values during the period 1987 through 1989.\4\ In addition, under CAA
section 211(k)(10)(D), any area reclassified as a severe ozone
nonattainment area under CAA section 181(b) is also included in the
federal RFG program. Finally, CAA sections 211(k)(6)(A) and (B) allow
areas classified as Marginal, Moderate, Serious, or Severe ozone
nonattainment

areas, or areas within the ozone transport region established under CAA
section 184, to opt into the RFG program at the request of the Governor
of the State in which the area is located.
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    \4\ Applying these criteria, the EPA has determined the nine
covered areas to be the metropolitan areas including Los Angeles,
Houston, New York City, Baltimore, Chicago, San Diego, Philadelphia,
Hartford, and Milwaukee.
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    Maine is in the ozone transport region established under CAA
section 184, and its request to opt into the RFG program was made
pursuant to CAA section 211(k)(6)(B). That provision specifies that
upon petition of the Governor of a State in the ozone transport region
in which the area is located, the EPA is to apply the prohibition
against selling or dispensing of conventional gas in RFG covered areas
in any area in the State other than an area classified as marginal,
moderate, serious, or severe ozone nonattainment area under subpart 2
of part D of subchapter 1 of the Clean Air Act. This prohibition is to
``commence as soon as practicable but not later than 2 years after the
date of approval by the Administrator of the application of the
Governor of the State.'' CAA section 211(k)(6)(B)(ii)(I). However, if
the EPA determines that there is insufficient capacity to supply RFG,
the EPA may extend the commencement date by no more than a year, and
may renew that extension for two additional one-year periods. CAA
section 211(k)(6)(B)(iii). The area may not opt out of the federal RFG
program earlier than 4 years after the RFG commencement date. CAA
section 211(k)(6)(B)(ii)(II).

B. Request From the State of Maine

    In 2013, the State of Maine enacted Public Law 2013 c.221 calling
for the use of RFG in York, Cumberland, Sagadahoc, Androscoggin,
Kennebec, Knox, and Lincoln counties beginning May 1, 2014. On July 23,
2013, the Governor of Maine formally requested, pursuant to CAA section
211(k)(6)(B), that the EPA extend the requirement for the sale of RFG
to these counties beginning on May 1, 2014.
    The Maine legislature subsequently enacted an emergency law, Public
Law 2013 c.453, effective March 6, 2014, to postpone the requirement
for the sale of RFG in these counties until June 1, 2015. Pursuant to
that legislation, the Commissioner for the State of Maine's Department
of Environmental Protection (DEP) submitted a request to the EPA dated
March 10, 2014, modifying Maine's request for the implementation date
for the sale of RFG in the Southern Maine Counties to coincide with
June 1, 2015.\5\
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    \5\ The EPA has determined that the original petition from the
Governor of Maine, together with the revised Maine legislation and
the Commissioner's letter, serve as a petition from the Governor
under CAA section 211(k)(6)(B) seeking commencement of the
prohibition in CAA 211(k)(5) in the Southern Maine Counties on June
1, 2015.
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    Copies of the Commissioner's letter, the letter from the Governor
of the State of Maine dated July 23, 2013, and the Maine legislation
establishing the use of RFG in the Southern Maine Counties are
available in the docket at EPA-HQ-OAR-2014-0283.

C. Proposed Date for the Commencement of a Prohibition on the Sale of
Conventional Gasoline in the Southern Maine Counties

    Based on our evaluation of the appropriate lead time and start
dates, and pursuant to Maine's request for a June 1, 2015
implementation date and the provisions of CAA section 211(k)(6), the
EPA is proposing to extend the CAA section 211(k)(5) prohibition
against the sale of conventional (i.e., non-reformulated) gasoline in
RFG covered areas to the Southern Maine Counties. The Southern Maine
Counties are part of the ozone transport region as defined in CAA
section 184. They are not currently classified under subpart 2 of Part
D of CAA subchapter I as Marginal, Moderate, Serious, or Severe ozone
nonattainment areas. Based on Maine's request for a June 1, 2015
implementation date, the EPA is proposing that a prohibition on the
sale of conventional gasoline in the Southern Maine Counties commence
as of May 1, 2015 for all regulated entities in these counties other
than retailers and wholesale purchaser-consumers (i.e., refiners,
importers, and distributors), and as of June 1, 2015 for retailers and
wholesale purchaser-consumers. Thus, if this action is finalized as
proposed, conventional gasoline could not be sold to consumers in the
Southern Maine Counties as of June 1, 2015. Only RFG could be sold to
consumers in these counties as of June 1, 2015.
    Further, under CAA section 211(k)(6)(B)(ii)(II) the State of Maine
would be prohibited from opting out of the federal RFG program for the
Southern Maine Counties for four years after the commencement of the
area's opt-in. Thus, if this action is finalized as proposed, the State
of Maine may not opt out of the federal RFG program for the Southern
Maine Counties before May 1, 2019 for all regulated entities other than
retailers and purchaser-consumers, and not before June 1, 2019 for
retailers and purchaser-consumers, respectively. The EPA is also adding
in its RFG opt-out regulation at 40 CFR 80.72 a provision to reflect
that there is a four-year minimum opt-in period for areas that opt into
the RFG program on the basis of their location within the ozone
transport region. This clarification will align the federal regulation
for RFG opt-out requirements with CAA section 211(k)(6)(B)(ii)(II).
    The EPA believes the dates proposed in today's action would provide
a reasonable balance by achieving air quality benefits in southern
Maine by the start of the 2015 peak ozone season and providing adequate
lead time for industry to prepare for program implementation. The
proposed dates are consistent with the State's request that the EPA
require RFG to be sold in the Southern Maine Counties to coincide with
the beginning of the high ozone season, which begins June 1 of each
year. Thus, the dates would provide environmental benefits by allowing
southern Maine to achieve volatile organic compound (VOC) reduction
benefits for the 2015 VOC control season. The proposed dates are also
consistent with the statutory requirement that the EPA set the date for
commencement of the prohibition within two years of the EPA's approval
of the application by the Governor. The EPA's approval of the
Governor's request will occur in the final rule establishing an
implementation date.
    The EPA is seeking comment on whether the refining and distribution
industry has the capacity to supply exclusively federal RFG to the
Southern Maine Counties as of May 1, 2015 as proposed in this notice.
The EPA also seeks comment on whether the dates for commencement of the
prohibition proposed today would provide adequate lead time for
industry to ensure supply of RFG to retail outlets, and for retail
outlets to plan for, and accomplish, a transition from the sale of
conventional gasoline to RFG. The EPA requests that, to the extent
possible, commenters provide documentation supporting their comments.
Comments supported by documentation will be most valuable to the EPA in
making a final decision on the commencement date for the prohibition on
the sale of conventional gasoline in the Southern Maine Counties.
    As noted above in Section II.A. of today's action, CAA section
211(k)(6)(B) directs the EPA to apply RFG requirements in areas subject
to a Governor's petition ``as soon as practical'' within a two-year
period following the EPA's approval of a Governor's petition, and may
further extend the date RFG requirements commence based on a
determination that there is insufficient capacity to supply RFG.
However, the EPA does not have discretion to deny a Governor's request
for an opt-in for qualifying

areas. Therefore, the scope of this action is limited to setting a date
for commencement of opt-in of the Southern Maine Counties to the
federal RFG program; it is not to decide whether the Southern Maine
Counties may opt into the federal RFG program. The EPA is requesting
comment on the proposed commencement dates and whether there will be a
sufficient capacity to supply RFG available to these seven counties as
of May 1, 2015 for regulated entities such as refiners, importers, and
distributors, and as of June 1, 2015 for retailers and purchaser-
consumers.
    This proposed action would have no effect on the approved Maine
State Implementation Plan (SIP). We understand that if today's action
is finalized as proposed, the State of Maine intends to submit a
proposed SIP revision requesting the removal of the existing 7.8 Reid
Vapor Pressure fuel requirements for the Southern Maine Counties. The
EPA will consider Maine's request when it is received.

IV. Environmental Impact

    The federal RFG program is designed to lead to reductions in ozone-
forming emissions. Reductions in ozone precursors are environmentally
significant because they lead to reductions in ozone formation, with
the associated improvements in human health and welfare. Exposure to
ground-level ozone (or smog) can cause respiratory problems, chest
pain, and coughing and may worsen bronchitis, emphysema, and asthma.
Animal studies suggest that long-term exposure (months to years) to
ozone can damage lung tissue and may lead to chronic respiratory
illness. The Maine DEP analyzed the emissions benefits which could be
achieved by switching from 7.8 RVP fuel to RFG.\6\ The Maine DEP used
the EPA's motor vehicle emission factor model, MOVES2010, to estimate,
for informational purposes, that motor vehicle VOC emissions could be
reduced by 123 tons, or by 6 percent and NOx by 28 tons, or by 1
percent.\7\
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    \6\ RFG primarily reduces emissions of VOCs. The RFG regulations
at 40 CFR 80.41 establish a performance standard that must be met in
order for gasoline to meet RFG requirements. Generally, based on
survey data, RFG sold in the northeastern states has an RVP of
between 6.8 and 7.0 psi. The lower RVP will result in reduction in
VOC emissions. The survey data is available at: http://www.epa.gov/otaq/fuels/rfgsurvey.htm
    \7\ The Governor of Maine submitted this analysis for calendar
year 2014 projected emission reductions with his July 23, 2013
letter requesting a May 1, 2014 effective date. However, Maine is
not claiming, and the EPA is not proposing to approve in today's
action, any specific amount of emission reductions for the RFG
program at this time.
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V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563.
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. Burden is defined at 5 CFR 1320.3. The OMB has approved the
information collection requirements that apply to the RFG program (see
59 FR 7716, February 16, 1994), and has assigned OMB control number
2060-0277 (EPA ICR No. 1591.25).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed rule on
small entities, small entity is defined as: (1) Defined by the Small
Business Administration's (SBA) regulations a 13 CFR 121.201; (2) a
small governmental jurisdiction that is a government of a city, county,
town, school district or special district with a population of less
than 50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
    After considering the economic impacts of today's proposed rule on
small entities, I certify that this action would not have a significant
adverse impact on a substantial number of small entities. In
promulgating the RFG regulations for conventional gasoline, the EPA
analyzed the impact of the regulations on small entities. The EPA
concluded that the regulations may possibly have some economic effect
on a substantial number of small refiners, but that the regulations may
not significantly affect other small entities, such as gasoline
blenders, terminal operators, service stations and ethanol blenders.
See 59 FR 7810-7811 (February 16, 1994). As stated in the preamble to
the final RFG rule, exempting small refiners from the RFG regulations
would not meet CAA requirements. 59 FR 7810. However, since most small
refiners are located in the mountain states or in California, which has
its own RFG program, the vast majority of small refiners are unaffected
by the federal RFG requirements (although all refiners of conventional
gasoline are subject to the RFG requirements). Moreover, all
businesses, large and small, maintain the option to produce
conventional gasoline to be sold in areas not obligated by the CAA to
receive RFG or those areas which have not chosen to opt into the
federal RFG program. A complete analysis of the effect of the RFG
regulations on small businesses is contained in the Regulatory
Flexibility Analysis which was prepared for the RFG rulemaking, and can
be found in the docket for that rulemaking. The docket number is: EPA
Air Docket A-92-12.
    Today's proposed rule would affect only those refiners, importers
or blenders of gasoline that choose to produce or import RFG for sale
in the Southern Maine Counties, and gasoline distributors and retail
stations in those areas. As discussed above, the EPA determined that,
because of their location, the vast majority of small refiners would be
unaffected by the RFG requirements. For the same reason, most small
refiners would be unaffected by today's action. Other small entities,
such as gasoline distributors and retail stations located in the
Southern Maine Counties, which would become a covered area if today's
proposed rule is finalized as proposed, would be subject to the same
requirements as those small entities which are located in current RFG
covered areas. The EPA did not find the previous RFG regulations to
significantly affect these entities.
    We welcome comments on the potential impacts of the proposed rule
on small entities. Since the EPA's discretion in this rulemaking is
limited to establishment of the date for the application of RFG in the
Southern Maine Counties, any comments related to impacts on small
entities should be focused on the impact of alternative, and legally
permissible, compliance dates.

D. Unfunded Mandates Reform Act (UMRA)

    This proposed rule does not contain a Federal mandate that may
result in expenditures of $100 million or more for State, local, and
tribal governments, in the aggregate, or the private sector in any one
year. Thus, this proposed rule is not subject to the requirements of
sections 202 and 205 of the UMRA. Although the EPA does not believe
that UMRA imposes requirements for this rulemaking, the EPA notes that
the environmental and economic impacts of the federal RFG program were
assessed in the EPA's Regulatory Impact Analysis for the 1994 RFG
regulations.
    This proposed rule is also not subject to the requirements of
section 203 of UMRA because it contains no regulatory requirements that
might significantly or uniquely affect small governments.

E. Executive Order 13132 (Federalism)

    This action does not have federalism implications. It would not
have substantial direct effects 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,
as specified in Executive Order 13132. The proposed rule would impose
requirements only on certain refiners and other entities in the
gasoline distribution system, and not on States. The requirements of
the proposed rule would be enforced by the federal government at the
national level. Thus, Executive Order 13132 does not apply to this
proposed rule.

F. Executive Order 13175

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). Today's proposed
rule would affect only those refiners, importers or blenders of
gasoline that choose to produce or import RFG for sale in the Southern
Maine Counties, and gasoline distributors and retail stations in those
areas. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not economically significant as defined
in Executive Order 12866, and because the Agency does not believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs the EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards.
Therefore, the EPA is not considering the use of any voluntary
consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations of the United States.
    The EPA has determined that this proposed rule would not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population.

List of Subjects in 40 CFR Part 80

    Environmental protection, Air pollution control, Fuel additives,
Gasoline, Motor vehicle pollution.

    Dated: August 18, 2014.
Gina McCarthy,
Administrator.

    For the reasons discussed in the preamble, the Environmental
Protection Agency proposes to amend 40 CFR part 80 as follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

    Authority  42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

0
2. Section 80.70 is amended by adding paragraph (n) to read as follows:

Sec.  80.70  Covered areas.

* * * * *
    (n) The areas included in paragraph (n) of this section are located
within the ozone transport region established under Clean Air Act
section 184(a), are not classified as a marginal, moderate, serious, or
severe ozone nonattainment area, and have opted into the reformulated
gasoline program. They are covered areas for the purposes of subparts
D, E, and F of this part.
    (1) The southern Maine counties of York, Cumberland, Sagadahoc,
Androscoggin, Kennebec, Knox, and Lincoln are a covered area beginning
June 1, 2015. The prohibitions of Clean Air Act section 211(k)(5) apply
to all persons other than retailers and wholesale purchaser-consumers
in these counties beginning May 1, 2015. The prohibitions of section
211(k)(5) of the Clean Air Act apply to retailers and wholesale
purchaser-consumers in these counties beginning on June 1, 2015.
    (2) [Reserved]
0
3. Section 80.72 is amended by adding paragraph (c)(8) to read as
follows:

Sec.  80.72  Procedures for opting out of the covered areas.

* * * * *
    (c) * * *
    (8) Notwithstanding any other provision of paragraph (c) of this
section, for an area that opted in pursuant to Clean Air Act section
211(k)(6)(B), the Administrator shall not set the effective date for
removal of the area earlier than four years after the commencement date
of opt-in.
* * * * *
[FR Doc. 2014-20177 Filed 8-27-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 14, 2008 (Volume 73, Number 94)]
[Notices]
[Page 27821-27822]
[DOCID:fr14my08-57]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R04-OW-2008-0179; FRL-8565-8]

Extension of the Period for Preparation of Regional Clean Water
Act Section 404(c) Recommendation Concerning the Use of Wetlands and
Other Waters in the Yazoo River Basin as Disposal Sites, Issaquena
County, MS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On March 19, 2008, EPA published in the Federal Register (73
FR 14806) a Notice of a Proposed Determination, under Section 404(c) of
the Clean Water Act, to prohibit or restrict the use of certain waters
in the Yazoo River Basin in Issaquena County, Mississippi as disposal
sites for dredged or fill material in connection with the construction
of the proposed Yazoo Backwater Area Project. The notice established a
public comment period, which ended on May 5, 2008. On April 17, 2008, a
public hearing concerning the Proposed Determination was held in
Vicksburg, Mississippi. Over 500 interested stakeholders participated
in the five-hour hearing including approximately 65 stakeholders who
provided oral statements. EPA has also received over 45,000 written
comments, including substantial additional information, which needs to
be evaluated. In order to allow full consideration of the extensive
administrative record, the time period provided in 40 CFR 231.5(a) for
the preparation of the Regional Recommendation, the next step in the
404(c) process, is being extended until no later than, July 11, 2008.
This time extension is made under authority of 40 CFR 231.8.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald J. Mikulak, Wetlands
Regulatory Section, Wetlands, Coastal and Nonpoint Source Branch, Water
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number
is<PHONE_NUMBER>. Mr. Mikulak can also be reached via electronic mail at

<EMAIL_ADDRESS>or Mr. William Ainslie, Wetlands Regulatory
Section, at the same address above. The telephone number is (404) 562-
9400. Mr. Ainslie can also be reached via electronic mail at
<EMAIL_ADDRESS>
    Dated: May 7, 2008.
Lawrence E. Starfield,
Regional Decision Officer.
 [FR Doc. E8-10832 Filed 5-13-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Notices]
[Page 18539]
[FR Doc No: 2023-06520]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2628-066]

Alabama Power Company; Notice of Waiver Period for Water Quality
Certification Application

    On March 3, 2023, Alabama Power Company submitted to the Federal
Energy Regulatory Commission (Commission) a copy of its application for
a Clean Water Act section 401(a)(1) water quality certification filed
with the Alabama Department of Environmental Management (Alabama DEM),
in conjunction with the above captioned project. Pursuant to 40 CFR
121.6 and section 5.23(b) of the Commission's regulations,\1\ we hereby
notify Alabama DEM of the following:
---------------------------------------------------------------------------

    \1\ 18 CFR 5.23(b).
---------------------------------------------------------------------------

    Date of Receipt of the Certification Request: March 3, 2023.
    Reasonable Period of Time to Act on the Certification Request: One
year (March 3, 2024).
    If Alabama DEM fails or refuses to act on the water quality
certification request on or before the above date, then the agency
certifying authority is deemed waived pursuant to section 401(a)(1) of
the Clean Water Act, 33 U.S.C. 1341(a)(1).

    Dated: March 23, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-06520 Filed 3-28-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Rules and Regulations]
[Pages 11134-11137]
[FR Doc No: 2017-03021]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9066; Directorate Identifier 2014-NM-113-AD;
Amendment 39-18800; AD 2017-04-05]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2011-10-17 for
all Airbus Model A300 and A310 series airplanes, and Model A300 B4-600,
B4-600R, and F4-600R series airplanes, and Model C4-605R Variant F

airplanes (collectively called A300-600 series airplanes). AD 2011-10-
17 required revising the maintenance program by incorporating certain
airworthiness limitation items (ALIs). This AD requires revising the
maintenance or inspection program, as applicable, to incorporate new or
revised structural inspection requirements. This AD also removes Model
A310 and A300-600 series airplanes from the applicability. This AD was
prompted by a revision of certain ALI documents, which specify more
restrictive instructions and/or airworthiness limitations. We are
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective March 28, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 28,
2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of June
17, 2011 (76 FR 27875, May 13, 2011).

ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email<EMAIL_ADDRESS>Internet
http://www.airbus.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9066.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9066; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (telephone 800-
647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2011-10-17, Amendment 39-16698 (76 FR 27875,
May 13, 2011) (``AD 2011-10-17''). AD 2011-10-17 applied to all Airbus
Model A300 and A310 series airplanes, and Model A300 B4-600, B4-600R,
and F4-600R series airplanes, and Model A300 C4-605R Variant F
airplanes (collectively called Model A300-600 series airplanes). The
NPRM published in the Federal Register on September 12, 2016 (81 FR
62679). The NPRM was prompted by a revision of certain ALI documents,
which specify more restrictive instructions and/or airworthiness
limitations. The NPRM proposed to require revising the maintenance or
inspection program, as applicable, to incorporate new or revised
structural inspection requirements. The NPRM also proposed to remove
Model A310 and A300-600 series airplanes from the applicability. We are
issuing this AD to detect and correct fatigue cracking, damage, and
corrosion in certain structure; such fatigue cracking, damage, and
corrosion could result in reduced structural integrity of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued
Airworthiness Directive 2015-0115, dated June 23, 2015 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI'') to correct an unsafe condition. The MCAI states:

    The airworthiness limitations applicable to the Damage Tolerant
Airworthiness Limitation Items (DT ALIs) are currently listed in the
Airbus Airworthiness Limitations Sections [ALS] Part 2.
    Airbus recently revised the A300 ALS Part 2 and this Revision 02
was approved by EASA. Airbus A300 ALS Part 2 Revision 02 introduces
more restrictive maintenance requirements and airworthiness
limitations, which have been identified as mandatory actions for
continued airworthiness.
    EASA issued AD 2014-0124 to require compliance with the
maintenance requirements and associated airworthiness limitations
defined in Airbus A300 ALS Part 2 Revision 01.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2014-0124 for A300 aeroplanes and requires
implementation of new or more restrictive maintenance instructions
and/or airworthiness limitations as specified in Airbus A300 ALS
Part 2 Revision 02.
    The requirements for A310 and A300-600 aeroplanes remain
unchanged and are covered by EASA AD 2014-0124R1 [FAA AD 2013-13-13,
Amendment 39-17501 (79 FR 48957, August 19, 2014), contains the
corresponding requirements for the Model A300-600 and A310 series
airplanes].

    The unsafe condition is fatigue cracking, damage, or corrosion in
certain structure (principal structural elements), which could result
in reduced structural integrity of the airplane. You may examine the
MCAI in the AD docket on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-9066.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the NPRM and
the FAA's response to the comment.

Request To Revise MCAI Reference

    Airbus requested that we reference the correct MCAI in paragraph
(k) of the proposed AD, which is EASA Airworthiness Directive 2015-
0115, dated June 23, 2015.
    We agree with the commenter's request. We have confirmed that EASA
Airworthiness Directive 2015-0115, dated June 23, 2015, is the MCAI
that should be referenced in this AD. We have revised this AD
accordingly.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting
this AD with the change described previously and minor editorial
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Airbus A300 Airworthiness Limitations Section,
Part 2--Damage-Tolerant Airworthiness Limitation Items (DT ALIs),
Revision 02, dated October 3, 2014. This service information describes
airworthiness limitations applicable to the DT ALIs.
    This service information is reasonably available because the
interested parties have access to it through their normal

course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 11 airplanes of U.S. registry.
    The actions required by AD 2011-10-17 and retained in this AD take
about 1 work-hour per product, at an average labor rate of $85 per
work-hour. Based on these figures, the estimated cost of the actions
that were required by AD 2011-10-17 is $85 per product.
    We also estimate that it would take about 1 work-hour per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD on U.S. operators to be $935, or $85 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2011-10-17, Amendment 39-16698 (76 FR 27875, May 13, 2011), and adding
the following new AD:

2017-04-05 Airbus: Amendment 39-18800; Docket No. FAA-2016-9066;
Directorate Identifier 2014-NM-113-AD.

(a) Effective Date

    This AD is effective March 28, 2017.

(b) Affected ADs

    This AD replaces AD 2011-10-17, Amendment 39-16698 (76 FR 27875,
May 13, 2011) (``AD 2011-10-17'').

(c) Applicability

    This AD applies to all Airbus Model A300 B2-1A, B2-1C, B4-2C,
B2K-3C, B4-103, B2-203, and B4-203 airplanes, certificated in any
category.

(d) Subject

    Air Transport Association (ATA) of America Codes 52, Doors; 53,
Fuselage; 54, Nacelles/pylons; 55, Stabilizers; and 57, Wings.

(e) Reason

    This AD was prompted by a revision of certain airworthiness
limitations item (ALI) documents, which specify more restrictive
instructions and/or airworthiness limitations. We are issuing this
AD to detect and correct fatigue cracking, damage, and corrosion in
certain structure; such fatigue cracking, damage, and corrosion
could result in reduced structural integrity of the airplane.

(f) Compliance

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

(g) Retained Revision of the Maintenance Program, With Changes

    This paragraph restates the requirements of paragraph (s) of AD
2011-10-17, with changes. Within 3 months after June 17, 2011 (the
effective date of AD 2011-10-17): Revise the maintenance program to
incorporate the structural inspections and inspection intervals
defined in the Airbus A300 ALI Document AI/SE-M2/95A.1308/07, Issue
4, dated June 2008. Thereafter, except as required by paragraph (h)
of this AD and except as provided by paragraph (j)(1) of this AD, no
alternative structural inspections or inspection intervals may be
approved. The initial ALI tasks must be done at the times specified
in Airbus A300 ALI Document AI/SE-M2/95A.1308/07, Issue 4, dated
June 2008.

(h) New Requirement of This AD: Maintenance or Inspection Program
Revision

    Within 3 months the effective date of this AD: Revise the
maintenance program or inspection program, as applicable, to
incorporate the structural inspections and inspection intervals
defined in Airbus A300 Airworthiness Limitations Section (ALS), Part
2--Damage-Tolerant Airworthiness Limitation Items, Revision 02,
dated October 3, 2014. The initial compliance times for the ALI
tasks identified in Airbus A300 ALS, Part 2--Damage-Tolerant
Airworthiness Limitation Items, Revision 02, dated October 3, 2014,
are at the applicable times specified in Airbus A300 ALS, Part 2--
Damage-Tolerant Airworthiness Limitation Items, Revision 02, dated
October 3, 2014, or within 3 months after the effective date of this
AD, whichever occurs later. Accomplishing the applicable initial ALI
tasks constitutes terminating action for the requirements of
paragraphs (g) of this AD for that airplane only.

(i) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (h) of this AD, no alternative actions (e.g.,
inspections) or intervals may be used unless the actions or
intervals are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (j)(1) of
this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office. The AMOC

approval letter must specifically reference this AD.
    (ii) AMOCs approved previously for AD 2011-10-17 are approved as
AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA); or Airbus's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.

(k) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
EASA Airworthiness Directive 2015-0115, dated June 23, 2015, for
related information. This MCAI may be found in the AD docket on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2016-9066.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
March 28, 2017.
    (i) Airbus A300 Airworthiness Limitations Section, Part 2--
Damage-Tolerant Airworthiness Limitation Items, Revision 02, dated
October 3, 2014.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
June 17, 2011 (76 FR 27875, May 13, 2011).
    (i) Airbus A300 Airworthiness Limitations Inspections Document
AI/SE-M2/95A.1308/07, Issue 4, dated June 2008.
    (ii) Reserved.
    (5) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office- EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (6) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on January 24, 2017.
Dionne Palermo,
Acting Manager,
    Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2017-03021 Filed 2-17-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59726-59728]
[FR Doc No: 2012-23052]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0589; Directorate Identifier 2011-NM-189-AD;
Amendment 39-17199; AD 2012-19-04]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding two existing airworthiness directives (ADs)
for certain Fokker Services B.V. Model F.28 Mark 0100 airplanes. The
first existing AD currently requires removing the actuator from the
fuel-balance transfer-valve (FBTV) and installing a locking device on
the FBTV. The second existing AD currently requires inspecting to
verify that the position indicator of the FBTV is in the closed
position and deactivating the fuel-balance transfer-system. This new AD
requires installing an FBTV locking device. This AD was prompted by
reports that the FBTV was inadvertently reactivated after required de-
activation measures were undone. We are issuing this AD to prevent fuel
starvation and a consequent double-engine flameout, possibly resulting
in a forced landing, damage to the airplane, and injury to occupants.

DATES: This AD becomes effective November 5, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 5,
2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication, listed in this AD as of April
29, 1996 (61 FR 14014, March 29, 1996).
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication, listed in this AD as of
August 10, 1994 (59 FR 35237, July 11, 1994).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on June 6, 2012 (77 FR
33332), and proposed to supersede AD 94-14-05, Amendment 39-8957 (59 FR
35237, July 11, 1994); and AD 96-07-06, Amendment 39-9555 (61 FR 14014,
March 29, 1996). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:

    Some Fokker F28 Mark 0100 (Fokker 100) aeroplanes were delivered
from the production line with a Fuel-Balance Transfer-System (FBTS)
installed. Other Fokker 100 aeroplanes were delivered with only FBTS
provisions and for some of those, an option existed for in-service
activation of the FBTS, through Fokker Service Bulletin (SB) SBF100-
28-021.
    The FBTS was designed to be used during maintenance activities
to move the Centre of Gravity (CG) forward by transferring fuel from
the main tanks to the centre tank through the crossfeed system and a
Fuel-Balance Transfer-Valve (FBTV).
    In 1993, a dormant failure mode was discovered, which could lead
to fuel starvation and consequently to a double engine flame-out,
possibly resulting in a forced landing, damage to the aeroplane and
injury to occupants. To address and correct this unsafe condition,
CAA-NL [Civil Aviation Authority--Netherlands] issued AD BLA 93-160,
which required modification of the FBTV (Fokker SBF100-28-029)
[which corresponds to FAA AD 94-14-05, Amendment 39-8957 (59 FR
35237, July 11, 1994)], and later BLA 94-146, which required
deactivation of the FBTS (Fokker SBF100-28-030) [which corresponds
to FAA AD 96-07-06, Amendment 39-9555 (61 FR 14014, March 29,
1996)].
    Recently, one operator reported that on two aeroplanes, the FBTS
had inadvertently been reactivated. SBF100-28-030 had been
accomplished on both aeroplanes but apparently, (some of) the de-
activation measures introduced with that SB were later made undone.
Subsequent investigation also showed that Fokker SBF100-28-021,
containing instructions for activating the FBTS, had inadvertently
been left active when SBF100-28-029 and SBF100-28-030 were
published. To address this safety concern, Fokker Services have
issued SBF100-28-066, which introduces a task to deactivate the FBTS
to a greater extent than previously required. At the same time,
SBF100-28-021 has been cancelled by its Revision 1.
    For the reasons described above, this [European Aviation Safety
Agency (EASA)] AD retains the requirements of CAA-NL [airworthiness
directives] BLA 93-160 and BLA 94-146, which are superseded, and
requires the accomplishment of additional measures to deactivate the
FBTS [modify the airplane by installing an FBTV locking device], in
accordance with the instructions of Fokker Services SBF100-28-066.

You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (77 FR 33332, June 6,
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed--except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 33332, June 6, 2012) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 33332, June 6, 2012).

Costs of Compliance

    We estimate that this AD will affect 2 products of U.S. registry.
    The actions that were required by AD 94-14-05, Amendment 39-8957
(59 FR 35237, July 11, 1994), and retained in this AD take about 1
work-hour per product, at an average labor rate of $85 per work hour.
Required parts cost about $250 per product. Based on these figures, the
estimated cost of the currently required actions is $335 per product.
    The actions required by AD 96-07-06, Amendment 39-9555 (61 FR
14014, March 29, 1996), and retained in this AD take 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 $85 per product.
    We also estimate that it will take about 5 work-hours per product
to comply with the new basic requirements of this AD. The average labor
rate is $85 per work-hour. Required parts will cost about $650 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 parts. 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 this AD to the U.S. operators to be
$2,150, or $1,075 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket 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 the NPRM (77 FR 33332, June 6, 2012),
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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive AD
94-14-05, Amendment 39-8957 (59 FR 35237, July 11, 1994); and AD 96-07-
06, Amendment 39-9555 (61 FR 14014, March 29, 1996); and adding the
following new AD:

2012-19-04 Fokker Services B.V.: Amendment 39-17199. Docket No. FAA-
2012-0589; Directorate Identifier 2012-NM-189-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective November 5,
2012.

(b) Affected ADs

    This AD supersedes AD 94-14-05, Amendment 39-8957 (59 FR 35237,
July 11, 1994); and AD 96-07-06, Amendment 39-9555 (61 FR 14014,
March 29, 1996).

(c) Applicability

    This AD applies to Fokker Services B.V. Model F.28 Mark 0100
airplanes; certificated in any category; serial numbers 11257,
11258, 11261, 11262, 11264, 11265, 11266, 11284, 11285, 11287,
11288, 11290, 11292, 11294, 11296, 11298, 11299, 11301, 11302,
11304, 11305, 11307, 11309, 11311, 11315, 11317, 11319, 11320,
11322, 11336, 11339, 11341 through 11344 inclusive, 11347, 11348,
11350, 11351, 11362, 11363, 11364, 11371, 11374, 11375, 11382,
11383, 11384, 11389, 11390, 11394, 11400, 11401, 11409, 11410, 11420
through 11424 inclusive, 11429, 11430, 11431, 11433, 11441 through
11456 inclusive, 11461, 11462, 11463, 11470 through 11475 inclusive,
11477, 11484, 11485, 11486, 11488, 11489, 11496, 11497, 11500,
11503, 11505, 11511, 11512, 11516, 11517, 11518, and 11527.

(d) Subject

    Air Transport Association (ATA) of America Code 28: Fuel.

(e) Reason

    This AD was prompted by reports that the fuel-balance transfer-
valve (FBTV) was inadvertently reactivated after required de-
activation measures were undone. We are issuing this AD to prevent
fuel starvation and a consequent double-engine flameout, possibly
resulting in a forced landing, damage to the airplane, and injury to
occupants.

(f) Compliance

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

(g) Retained Installation of a Locking Device for the FBTV

    This paragraph restates the requirements of paragraph (a) of AD
94-14-05, Amendment 39-8957 (59 FR 35237, July 11, 1994). For
airplanes having serial numbers 11443, 11446 through 11449
inclusive, and 11456: Within 30 days after August 10, 1994 (the
effective date of AD 94-14-05), remove the actuator from the FBTV,
part number (P/N) 7933141J and install a locking device on the FBTV,
in accordance with the Accomplishment Instructions of Fokker Service
Bulletin SBF100-28-029, Revision 1, dated November 30, 1993.

(h) Retained Inspection and Deactivation

    (1) This paragraph restates the requirements of paragraphs (a)
and (b) of AD 96-07-06, Amendment 39-9555 (61 FR 14014, March 29,
1996). For airplanes identified in Fokker Service Bulletin SBF100-
28-030, Revision 1, dated December 5, 1994: After April 29, 1996
(the effective date of AD 96-07-06), whenever the fuel balance
transfer system (FBTS) is used during maintenance, prior to further
flight, perform an inspection to verify that the position indicator
of the FBTV is in the closed position, in accordance with Fokker
Service Bulletin SBF100-28-030, Revision 1, dated December 5, 1994.
The inspection requirements of this paragraph must be accomplished
until the deactivation required by paragraph (h)(2) of this AD is
accomplished.
    (i) If the position indicator is in the closed position, no
further action is required by this paragraph.
    (ii) If the position indicator is in the open position, close
the FBTV, in accordance with the Accomplishment Instructions of
Fokker Service Bulletin SBF100-28-030, Revision 1, dated December 5,
1994.
    (2) Within 90 days after April 29, 1996 (the effective date of
AD 96-07-06, Amendment 39-9555 (61 FR 14014, March 29, 1996)),
deactivate the FBTS in accordance with either Part 2 or Part 3, as
applicable, of the Accomplishment Instructions of Fokker Service
Bulletin SBF100-28-030, Revision 1, dated December 5, 1994.
Accomplishment of the deactivation constitutes terminating action
for the repetitive inspection requirements of paragraph (h)(1) of
this AD.

(i) New Requirements of This AD

    Within 12 months after the effective date of this AD, modify the
airplane by installing an FBTV locking device, in accordance with
the Accomplishment Instructions of Fokker Service Bulletin SBF100-
28-066, dated June 30, 2011, which includes the attachments

identified in paragraphs (i)(1) through (i)(5) of this AD (* the
issue date is not specified on the drawing.)
    (1) Fokker Manual Change Notification--Maintenance Documentation
MCNM-F100-145, dated June 30, 2011.
    (2) Fokker Manual Change Notification--Operational Documentation
MCNO-F100-059, dated June 30, 2011.
    (3) Fokker Drawing W41190, Sheet 013, Issue P*.
    (4) Fokker Drawing W41190, Sheet 014, Issue P*.
    (5) Fokker Drawing W41190, Sheet 016, Issue P*.

(j) Prohibited Modification

    As of the effective date of this AD, no person may modify any
airplane using Fokker Service Bulletin SBF100-28-021, dated
September 6, 1991 (specified in European Aviation Safety Agency
(EASA) AD 2011-0158, dated August 26, 2011, and is not incorporated
by reference in this AD). That service bulletin was cancelled by
Fokker Service Bulletin SBF100-28-021, Revision 1, dated June 30,
2011 (not incorporated by reference in this AD).

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) 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.

(l) Related Information

    Refer to MCAI EASA Airworthiness Directive 2011-0158, dated
August 26, 2011, and the service information specified in paragraphs
(l)(1), (l)(2), and (l)(3) of this AD, for related information.
    (1) Fokker Service Bulletin SBF100-28-029, Revision 1, dated
November 30, 1993.
    (2) Fokker Service Bulletin SBF100-28-030, Revision 1, dated
December 5, 1994.
    (3) Fokker Service Bulletin SBF100-28-066, dated June 30, 2011,
which includes the attachments identified in paragraphs (l)(3)(i)
through (l)(3)(v) of this AD (* the issue date is not specified on
the drawing).
    (i) Fokker Manual Change Notification--Maintenance Documentation
MCNM-F100-145, dated June 30, 2011.
    (ii) Fokker Manual Change Notification--Operational
Documentation MCNO-F100-059, dated June 30, 2011.
    (iii) Fokker Drawing W41190, Sheet 013, Issue P*.
    (iv) Fokker Drawing W41190, Sheet 014, Issue P*.
    (v) Fokker Drawing W41190, Sheet 016, Issue P*.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
November 5, 2012.
    (i) Fokker Service Bulletin SBF100-28-066, dated June 30, 2011,
which includes the attachments identified in paragraphs (m)(3)(i)(A)
through (m)(3)(i)(E) of this AD (* the issue date is not specified
on the drawing).
    (A) Fokker Manual Change Notification--Maintenance Documentation
MCNM-F100-145, dated June 30, 2011.
    (B) Fokker Manual Change Notification--Operational Documentation
MCNO-F100-059, dated June 30, 2011.
    (C) Fokker Drawing W41190, Sheet 013, Issue P*.
    (D) Fokker Drawing W41190, Sheet 014, Issue P*.
    (E) Fokker Drawing W41190, Sheet 016, Issue P*.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
April 29, 1996 (61 FR 14014, March 29, 1996).
    (i) Fokker Service Bulletin SBF100-28-030, Revision 1, dated
December 5, 1994. (Pages 1 through 3, 5, 8, and 10 of this document
are identified as Revision 1, dated December 5, 1994. Pages 4, 6, 7,
and 9 of this document are dated August 28, 1994 (original issue).)
    (ii) Reserved.
    (5) The following service information was approved for IBR on
August 10, 1994 (59 FR 35237, July 11, 1994).
    (i) Fokker Service Bulletin SBF100-28-029, Revision 1, dated
November 30, 1993. (Pages 1 through 3 of this document are
identified as Revision 1, dated November 30, 1993. Pages 4 through 7
of this document are dated November 10, 1993 (original issue).)
    (ii) Reserved.
    (6) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150
AE Nieuw-Vennep, the Netherlands; telephone +31 (0)252-627-350; fax
+31 (0)252-627-211; email
<EMAIL_ADDRESS>Internet http://www.myfokkerfleet.com.
    (7) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (8) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 11, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-23052 Filed 9-28-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 27, 2009 (Volume 74, Number 38)]
[Notices]
[Page 9014-9015]
[DOCID:fr27fe09-129]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59430; File No. SR-NYSE-2009-15]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Establishing a Fee for Its New Risk Management Gateway Service

February 20, 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 February 12, 2009, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II 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 establish a fee for its new Risk
Management Gateway (``RMG'') service.

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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to offer, through its wholly-owned subsidiary
NYSE Euronext Advanced Trading Solutions, Inc., the Risk Management
Gateway (``RMG'') service to NYSE member organizations. NYSE Transact
Tools, Inc, a division of the NYSE Euronext Advanced Trading Solutions
Group (``NYXATS''), owns RMG.\3\ This proposed rule change establishes
fees for that service.
---------------------------------------------------------------------------

    \3\ The establishment of fees on the NYSE Alternext for the same
services was formally submitted to the Securities and Exchange
Commission through a separate filing, SR-NYSEALTR-2009-12.
---------------------------------------------------------------------------

Background
    On December 12, 2008, the Exchange filed with the Securities and
Exchange Commission to establish its RMG service.\4\ RMG is a service
designed to facilitate the ability of Sponsoring Member Organizations
to monitor and oversee the sponsored access activity of their Sponsored
Participants. NYXATS offers an order-verification service to Sponsoring
Member Organizations that acts as a risk filter by causing the orders
of Sponsored Participants to pass through RMG prior to entering the
Exchange's trading systems for execution. When a Sponsored
Participant's order passes through RMG,

RMG software determines whether the order complies with order criteria
that the Sponsoring Member Organization has established for that
Sponsored Participant. The order criteria reviewed by RMG may include
the size of the order or the credit limit that the Sponsoring Member
Organization has established for the Sponsored Participant.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 59354 (February 3,
2009), 74 FR 6683 (February 10, 2009) (SR-NYSE-2008-101).
---------------------------------------------------------------------------

    If the order is consistent with the parameters set by the
Sponsoring Member Organization, RMG allows the order to continue along
its path to the Exchange's trading systems. If the order falls outside
of those parameters, then RMG returns the order to the Sponsored
Participant. RMG will only return an order to the Sponsored Participant
when the order fails to comply with the criteria set by the Sponsoring
Member Organization.
    The Exchange does not require Sponsoring Member Organizations to
use RMG. Sponsoring Member Organizations are free to use a competing
risk-management service or to use none at all.
    The Exchange believes that RMG will offer its member organizations
another option in the efficient risk management of its Sponsored
Participant's access to the NYSE.
Fees
    NYXATS proposes to charge each Sponsoring Member Organization Three
Thousand Dollars ($3,000) per month for the first Connection plus One
Thousand Dollars ($1,000) per month for each additional Connection.
    A ``Connection'' is defined as up to 1000 messages per second
inbound, regardless of the connection's actual capacity (i.e., if the
NYXT infrastructure allows any single End User connection to support
more than 1000 messages per second inbound, such connection will be
deemed to be multiple Connections).
    The Exchange believes that the proposed fee would be fair and
reasonable and would reflect an equitable allocation of charges among
members and others. The fee compares favorably with the fees that
NYXATS' competitors charge for similar services. Of course, the
marketplace will determine if the fee is too high relative to the value
that the RMG service provides because any market participant that feels
that the fee is too high will simply elect to use the risk management
services of one of NYXATS' competitors.
2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (the ``1934
Act'') for this proposed rule change are the requirement under Section
6(b)(4) \5\ that an exchange have rules that provide for the equitable
allocation of reasonable dues, fees and other charges among its members
and other persons using its facilities. The Exchange believes that RMG
will promote marketplace efficiency by providing security safeguards to
the trading of securities by means of sponsored access and believes
that the proposed fee is fair and reasonable for the reasons cited
above.
---------------------------------------------------------------------------

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

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

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

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

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

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

    The foregoing proposed rule change is effective upon filing
pursuant to Section 19(b)(3)(A)(ii) of the Act \6\ and Rule 19b-4(f)(2)
thereunder,\7\ because it establishes or changes a due, fee, or other
charge applicable only to a member imposed by the Exchange.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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.

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-NYSE-2009-15 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-NYSE-2009-15. 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, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing will
also be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File No. SR-NYSE-
2009-15 and should be submitted on or before March 20, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-4182 Filed 2-26-09; 8:45 am]

BILLING CODE 8011-01-P