[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Notices]
[Pages 57511-57513]
[FR Doc No: 2018-24868]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84557; File No. SR-NYSEArca-2018-78]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE
Arca Equities Fees and Charges To Remove Certain Obsolete Text That
References Pillar Phase I Protocols

November 8, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on November 1, 2018, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Equities Fees and
Charges (``Fee Schedule'') to remove certain obsolete text that
reference [sic] Pillar phase I protocols now that Pillar phase I
protocols are no longer available for ETP Holders to communicate with
the NYSE Arca Marketplace. The Exchange proposes to implement the fee
changes effective November 1, 2018. The proposed rule change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule to remove certain
obsolete text that reference Pillar phase I protocols now that Pillar
phase I protocols are no longer available for ETP Holders to
communicate with the NYSE Arca Marketplace. The Exchange proposes to
implement the fee changes effective November 1, 2018.
    As a general matter, ETP Holders enter orders and order
instructions by using communication protocols that map to the order
types and modifiers described in Exchange rules. Prior to the
implementation of Pillar, ETP Holders communicated with the NYSE Arca
Marketplace using Pillar phase I protocols. When the Exchange
introduced trading on its Pillar trading platform, the Exchange also
introduced new technology to support how ETP Holders communicate with
the NYSE Arca Marketplace, referred to in the Exchange's rules as
Pillar phase II protocols. During the Pillar implementation, there was
a period of time when both Pillar phase I protocols and Pillar phase II
protocols were available to ETP Holders. Effective October 1, 2018,
Pillar phase I protocols are no longer available to ETP Holders. All
ETP Holders now use Pillar phase II protocols to communicate with the
NYSE Arca Marketplace. As a result, there is no longer a need to
distinguish between Pillar phase I protocols and Pillar phase II
protocols in the Exchange's Fee Schedule.
    In April 2018, the Exchange filed a proposed rule change to adopt a
new pricing tier--BBO Setter Tier.\4\ In the BBO Setter Tier Filing,
the Exchange adopted the following rule text in the BBO Setter pricing
tier: ``For purpose of the BBO Setter Tier, ETP ID means an ETP ID when
using Pillar phase I protocols to communicate with the NYSE Arca
Marketplace or an MPID when using Pillar phase II protocols to
communicate with the NYSE Arca Marketplace.'' The Exchange proposes to
remove this text from the Fee Schedule now that Pillar phase I
protocols are no longer available and all ETP Holders now communicate
with the NYSE Arca Marketplace using Pillar phase II protocols.
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    \4\ See Securities Exchange Act Release No. 83032 (April 11,
2017 [sic]), 83 FR 16909 (April 17, 2017 [sic]) (SR-NYSEArca-2018-
20) (``BBO Setter Tier Filing'').
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    Additionally, in August 2017, in connection with the introduction
of Pillar phase II protocols, the Exchange amended the Fee Schedule to
adopt a cap, for August and September 2017, on monthly fees for the use
of ports connecting to the NYSE Arca Marketplace.\5\ Given that the
months during which the port fee cap was applicable have passed, the
Exchange proposes to delete reference to the port fee cap from the Fee
Schedule as that rule text is now obsolete.
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    \5\ See Securities Exchange Act Release No. 81573 (September 11,
2017), 82 FR 43430 (September 15, 2017) (SR-NYSEArca-2017-97).
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    Finally, in October 2017, the Exchange amended the Fee Schedule to
adopt a Decommission Extension Fee applicable to ETP Holders for the
use of Pillar phase I protocols to connect with the NYSE Arca
Marketplace for a three-month period from March 2018 through May 2018
as an incentive for ETP Holders to fully transition to the use of
Pillar phase II protocols to connect with the NYSE Arca Marketplace.\6\
In June 2018, the Exchange filed to extend the effectiveness of the
Decommission Extension Fee for an additional four months, until
September 2018.\7\ The Exchange proposes to remove rule text regarding
the Decommission Extension Fee from the Fee Schedule as that rule text
is now obsolete because the period of time during which the
Decommission Extension Fee was applicable has passed.
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    \6\ See Securities Exchange Act Release No. 81901 (October 19,
2017), 82 FR 49426 (October 25, 2017) (SR-NYSEArca-2017-121).
    \7\ See Securities Exchange Act Release No. 83410 (June 12,
2018), 83 FR 28300 (June 18, 2018) (SR-NYSEArca-2018-42).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\8\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\9\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that it is reasonable, equitable and not
unfairly discriminatory to delete reference to obsolete rule text and
dates from the Fee Schedule. The Exchange believes that the proposed
changes are reasonable because they would result in greater specificity
and precision within the Fee Schedule, which would contribute to
reasonably ensuring that the fees and credits described there are clear
and accurate. Specifically, the proposed changes are reasonable because
they would remove obsolete rule text and dates from the Fee Schedule
related to the use of ports that are no longer available to connect to
the NYSE Arca Marketplace and a Decommission Extension Fee that is no
longer charged by the Exchange. The Exchange also believes that the
proposed changes are equitable and not unfairly discriminatory because
all readers of the Fee Schedule, including all ETP Holders, would
benefit from the increased specificity and clarity that this proposed
rule change would provide.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\10\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The proposed changes are not designed to address
any competitive issues. Rather, the proposed changes are designed to
provide greater specificity and precision within the Fee Schedule,
which would contribute to reasonably ensuring that the fees and credits
described therein are clear and accurate. In addition, the removal of
obsolete text from the Fee Schedule would not have any impact on inter-
or intra-market competition because the proposed change would result in
a streamlined Fee Schedule without any impact on pricing.
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    \10\ 15 U.S.C. 78f(b)(8).
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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 rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \11\ of the Act and subparagraph (f)(2) of Rule
19b-4 \12\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may

temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings under Section 19(b)(2)(B) \13\
of the Act to determine whether the proposed rule change should be
approved or disapproved.
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    \13\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEArca-2018-78 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2018-78. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2018-78 and should be submitted
on or before December 6, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-24868 Filed 11-14-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Rules and Regulations]
[Pages 51447-51450]
[FR Doc No: 2015-20585]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0242; Directorate Identifier 2014-NM-100-AD;
Amendment 39-18240; AD 2015-17-07]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A300 B4-603, B4-605R, B4-620, B4-622, B4-622R airplanes;
all Airbus Model A300 C4-605R Variant F airplanes; and certain Airbus
Model A300 F4-605R airplanes. This AD was prompted by the
manufacturer's review of all repairs accomplished using the structural
repair manual. This review was done using revised fatigue and damage
tolerance calculations. This AD requires an inspection of the
surrounding panels of the left and right forward passenger doors, and
corrective actions if necessary. We are issuing this AD to detect and
correct previous incomplete or inadequate repairs to the surrounding
panels of the left and right forward passenger doors and the fail-safe
ring, which could negatively affect the structural integrity of the
airplane.

DATES: This AD becomes effective September 29, 2015.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
29, 2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0242 or in person at the
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.
    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.
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-2015-0242.

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 by adding an AD that would apply to all Airbus Model A300 B4-
603, B4-605R, B4-620, B4-622, B4-622R airplanes; all Airbus Model A300
C4-605R Variant F airplanes; and certain Airbus Model A300 F4-605R
airplanes. The NPRM published in the Federal Register on February 18,
2015 (80 FR 8566).
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0101, dated May 2, 2014 (referred to after
this as the Mandatory Continuing Airworthiness Information, or ``the
MCAI''), to correct an unsafe condition for all Airbus Model A300 B4-
603, B4-605R, B4-620, B4-622, B4-622R airplanes; all Airbus Model A300
C4-605R Variant F airplanes; and certain Airbus Model A300 F4-605R
airplanes. The MCAI states:

    In the frame of the Ageing Airplane Safety Rule (AASR), all
existing Structural Repair Manual (SRM) repairs were reviewed.
    This analysis, which consisted in new Fatigue and Damage
Tolerance calculations, revealed that some repairs in the area
surrounding the forward passenger/crew door and the fail safe ring
are no longer adequate.
    These repairs, if not reworked, could affect the structural
integrity of the aeroplane.
    To address this potential unsafe condition, Airbus issued
Service Bulletin (SB) A300-53-6173 (later revised), to provide
instructions for the inspection of repairs on the left-hand (LH) and
right-hand (RH) forward door surrounding panels.
    For the reasons described above, and further to the AASR
implementation, this [EASA] AD requires a one-time inspection of the
forward door surrounding panels to identify SRM repairs in these
areas and, depending on findings, accomplishment of applicable
corrective action(s).

Corrective actions include rework or repair.
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-0242-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (80 FR 8566, February 18,
2015) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this 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 (80 FR 8566, February 18, 2015) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (80 FR 8566, February 18, 2015).

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A300-53-6173, Revision 01, dated
February 28, 2014. The service information describes procedures for a
one-time detailed of the area surrounding the forward passenger/crew
door and the fail safe ring to determine if any repairs have been done,
and corrective actions. 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 of this AD.

Costs of Compliance

    We estimate that this AD affects 65 airplanes of U.S. registry.
    We also estimate that it will take about 120 work-hours 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 $663,000, or $10,200 per product.
    In addition, we estimate that any necessary follow-on actions will
take up to 730 work-hours and require parts costing up to $72,250, for
a cost of up to $134,300 per product. We have no way of determining the
number of aircraft that might need these actions.

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0242; 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 street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section.

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 adding the following new airworthiness
directive (AD):

2015-17-07 Airbus: Amendment 39-18240. Docket No. FAA-2015-0242;
Directorate Identifier 2014-NM-100-AD.

(a) Effective Date

    This AD becomes effective September 29, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category.
    (1) Model A300 B4-603, B4-605R, B4-620, B4-622, and B4-622R
airplanes, all manufacturer serial numbers.
    (2) Model A300 C4-605R Variant F airplanes, all manufacturer
serial numbers.
    (3) Model A300F4-605R airplanes, all manufacturer serial
numbers, except those on which Airbus Modification 12699 was
embodied in production.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by the manufacturer's review of all repairs
accomplished using the structural repair manual. This review was
done using revised fatigue and damage tolerance calculations. We are
issuing this AD to detect and correct previous incomplete or
inadequate repairs to the surrounding panels of the left and right
forward passenger doors and the fail-safe ring, which could
negatively affect the structural integrity of the airplane.

(f) Compliance

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

(g) Inspection

    At the time specified in paragraph (g)(1) or (g)(2) of this AD,
whichever is later: Do a detailed inspection of the surrounding
panels of the left and right forward passenger doors to determine if
any repairs have been done, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A300-53-6173, Revision 01,
dated February 28, 2014.
    (1) Prior to the accumulation of 30,000 total flight cycles or
67,500 total flight hours, whichever occurs first.
    (2) Within 28 months after the effective date of this AD.

(h) Identification of Repairs

    If any affected repair is found during the inspection required
by paragraph (g) of this AD: Before further flight, identify the
reworked area(s), the percentage of the rework, and the limits of
the rework, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A300-53-6173, Revision 01, dated February
28, 2014.

(i) Corrective Actions

    During the repair identification required by paragraph (h) of
this AD, if any rework is found that is outside the allowable damage
limits specified in Airbus Service Bulletin A300-53-6173, Revision
01, dated February 28, 2014: Before further flight, rework or
repair, as applicable, using a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
the European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA).

(j) Exception to Service Information Specifications

    Although Airbus Service Bulletin A300-53-6173, Revision 01,
dated February 28, 2014, specifies to contact Airbus for repair
instructions, and specifies that action as ``RC'' (Required for
Compliance), this AD requires repair before further flight using a
method approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; EASA; or Airbus's EASA DOA.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Airbus Service Bulletin
A300-53-6173, dated August 1, 2013, which is not incorporated by
reference in this AD.

(l) 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>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) Required for Compliance (RC): Except as required by
paragraph (j) of this AD: If any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures and tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in a serviceable condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.
    (3) Contacting the Manufacturer: 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; the EASA; or
Airbus's EASA DOA. If approved by the DOA, the approval must include
the DOA-authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2014-0101, dated May 2, 2014,
for related information. This MCAI may be found in the AD docket on
the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-
2015-0242-0002.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (n)(3) and (n)(4) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A300-53-6173, Revision 01, dated
February 28, 2014.
    (ii) Reserved.
    (3) 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.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate,

1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 10, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-20585 Filed 8-24-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Proposed Rules]
[Pages 20832-20834]
[FR Doc No: 2014-08318]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0241; Directorate Identifier 2014-CE-008-AD]
RIN 2120-AA64

Airworthiness Directives; British Aerospace Regional Aircraft
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
British Aerospace Regional Aircraft Jetstream Model 3201 airplanes that
would supersede AD 2007-10-16. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as the need to incorporate revisions to the Airworthiness
Limitations section of the Instructions for Continued Airworthiness. We
are issuing this proposed AD to require actions to address the unsafe
condition on these products.

DATES: We must receive comments on this proposed AD by May 29, 2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact BAE
Systems (Operations) Limited, Customer Information Department,
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United
Kingdom; telephone: +44 1292 675207; fax: +44 1292 675704; email:
<EMAIL_ADDRESS>Internet: http://www.baesystems.com/Businesses/RegionalAircraft/. You may review copies of the referenced
service information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0241; 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 proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0241;
Directorate Identifier 2014-CE-008-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On May 9, 2007, we issued AD 2007-10-16, Amendment 39-15057 (72 FR
27953, May 18, 2007). That AD required actions intended to address an
unsafe condition on all British Aerospace Regional Aircraft Jetstream
Model 3201 airplanes and was based on mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country.
    Since we issued AD 2007-10-16, Amendment 39-15057 (72 FR 27953, May
18, 2007), BAE Systems (Operations) Ltd amended Jetstream Series 3200
Aircraft Maintenance Manual (AMM) Chapter 05-10-05, Airworthiness
Limitations. Some life limits have been amended and new life limits
introduced.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No.: 2014-0044, dated February 24, 2014 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    The Jetstream Series 3200 Aircraft Maintenance Manual (AMM),
includes Chapter 05-10-05 ``Airworthiness Limitations, Description
and Operation''. The maintenance tasks and limitations contained in
this chapter have been identified as mandatory actions for continued
airworthiness and EASA issued AD 2007-0074 to require operators to
comply with those instructions.
    Since that AD was issued, BAE Systems (Operations) Ltd amended
Jetstream Series 3200 AMM Chapter 05-10-05 to introduce life
limitations for the main landing gear radius rod mounting shaft
assemblies and to incorporate wing structure inspections previously
introduced through BAE Systems (Operations) Ltd Service Bulletin
(SB) SB 51-JA020940. In addition, a new table was introduced to
provide extended fatigue life limitations for structural items for
aeroplanes entered into a life extension programme. Reference to BAE
Systems (Operations) Ltd SB 32-JA981042 was updated from Revision 7
to Revision 8 to reflect increased life limits of the nose landing
gear.
    Failure to comply with the new and more restrictive instructions
could result in an unsafe condition.
    For the reasons described above, this EASA AD retains the
requirements of EASA AD 2007-0074, which is superseded, and requires
implementation of the maintenance requirements and/or airworthiness
limitations as specified in Chapter 05-10-05 of the Jetstream Series
3200 AMM at Revision 29.

You may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2014-0241.

Relevant Service Information

    BAE Systems (Operations) Ltd has issued British Aerospace Jetstream
3200 Series Aircraft Maintenance Manual, Revision 29, dated December
15, 2012.

The actions described in this AMM are intended to correct the unsafe
condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Costs of Compliance

    We estimate that this proposed AD will affect 14 products of U.S.
registry. We also estimate that it would take about 1 work-hour per
product to comply with the basic requirements of this proposed AD of
inserting the document into the Airworthiness Limitations section of
the Instructions for Continued Airworthiness. The average labor rate is
$85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $1,190, or $85 per product.
    We have no way of determining the cost to replace the life limited
parts and to do the applicable maintenance tasks on each airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    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 proposed regulation is
within the scope of that authority because it addresses an unsafe
condition that is likely to exist or develop on products identified in
this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-15057 (72 FR
27953, May 18, 2007), and adding the following new AD:

British Aerospace Regional Aircraft: Docket No. FAA-2014-0241;
Directorate Identifier 2014-CE-008-AD.

(a) Comments Due Date

    We must receive comments by May 29, 2014.

(b) Affected ADs

    This AD supersedes AD 2007-10-16, Amendment 39-15057 (72 FR
27953, May 18, 2007).

(c) Applicability

    This AD applies to British Aerospace Regional Aircraft Jetstream
Model 3201 airplanes, all serial numbers, certificated in any
category.

(d) Subject

    Air Transport Association of America (ATA) Code 5: Time Limits.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as the need to
incorporate revisions to the Airworthiness Limitations section of
the Instructions for Continued Airworthiness (ICA). We are issuing
this AD to enforce compliance with these requirements in order to
maintain airworthiness.

(f) Actions and Compliance

    Unless already done, do the actions in paragraphs (f)(1) and
(f)(2) of this AD:
    (1) As of the effective date of this AD, replace each component
before exceeding the applicable life limit and complete all
applicable maintenance tasks within the thresholds and intervals as
specified in British Aerospace Jetstream 3200 Series Aircraft
Maintenance Manual, Revision 29, Airworthiness Limitations, Chapter
05-10-05, dated December 15, 2012.
    (2) You may comply with the requirement of paragraph (f)(1) of
this AD by incorporating British Aerospace Jetstream 3200 Series
Aircraft Maintenance Manual, Revision 29, Airworthiness Limitations,
Chapter 05-10-05, dated December 15, 2012, into the Airworthiness
Limitations section of your ICA and complying with that program.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Taylor Martin, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (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.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2014-0044, dated February 24, 2014. You may examine the MCAI on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2014-0241. For service information related to this
AD, contact BAE Systems (Operations) Limited, Customer Information
Department, Prestwick International Airport, Ayrshire, KA9 2RW,
Scotland, United Kingdom; telephone: +44 1292 675207; fax: +44 1292
675704; email:

<EMAIL_ADDRESS>Internet: http://www.baesystems.com/Businesses/RegionalAircraft/. You may review copies of the
referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.

    Issued in Kansas City, Missouri, on April 7, 2014.
Timothy Smyth,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-08318 Filed 4-11-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 98 (Wednesday, May 21, 2014)]
[Rules and Regulations]
[Page 29099]
[FR Doc No: 2014-11798]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0176]

Safety Zone; Fourth of July Fireworks, City of Richmond, Richmond
Harbor, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone for the City of
Richmond Fourth of July Fireworks display in the Captain of the Port,
San Francisco area of responsibility on July 3, 2014, from 9:15 p.m. to
9:45 p.m. This action is necessary to protect life and property of the
maritime public from the hazards associated with the fireworks display.
During the enforcement period, unauthorized persons or vessels are
prohibited from entering into, transiting through, or anchoring in the
safety zone, unless authorized by the Patrol Commander (PATCOM).

DATES: The regulations in 33 CFR 165.1191, Table 1, Item number 9 will
be enforced from 9:15 p.m. to 9:45 p.m. on July 3, 2014.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Lieutenant Junior Grade Joshua Dykman, U.S. Coast Guard
Sector San Francisco; telephone<PHONE_NUMBER> or email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
established in 33 CFR 165.1191, Table 1, Item number 9 on July 3, 2014.
Upon commencement of the 20 minute fireworks display, scheduled to
begin at 9:15 p.m. on July 3, 2014, the safety zone will encompass the
navigable waters surrounding the land based launch site on the Lucrecia
Edwards Park of Richmond Harbor within a radius of 560 feet in
approximate position 37[deg]54'34'' N, 122[deg]21'14'' W (NAD 83) for
the Fourth of July Fireworks, City of Richmond in 33 CFR 165.1191,
Table 1, Item number 9. Upon the conclusion of the fireworks display
the safety zone shall terminate. This safety zone will be in effect
from 9:15 p.m. to 9:45 p.m. on July 3, 2014.
    Under the provisions of 33 CFR 165.1191, unauthorized persons or
vessels are prohibited from entering into, transiting through, or
anchoring in the safety zone during all applicable effective dates and
times, unless authorized to do so by the PATCOM. Additionally, each
person who receives notice of a lawful order or direction issued by an
official patrol vessel shall obey the order or direction. The PATCOM is
empowered to forbid entry into and control the regulated area. The
PATCOM shall be designated by the Commander, Coast Guard Sector San
Francisco. The PATCOM may, upon request, allow the transit of
commercial vessels through regulated areas when it is safe to do so.
    This notice is issued under authority of 33 CFR 165.1191 and 5
U.S.C. 552 (a). In addition to this notice in the Federal Register, the
Coast Guard will provide the maritime community with extensive advance
notification of the safety zone and its enforcement period via the
Local Notice to Mariners.
    If the Captain of the Port determines that the regulated area need
not be enforced for the full duration stated in this notice, a
Broadcast Notice to Mariners may be used to grant general permission to
enter the regulated area.

    Dated: April 29, 2014.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2014-11798 Filed 5-20-14; 8:45 am]
BILLING CODE 9110-04-P


JUL 2 2003 Dr. Russell P. Schneider Technical Director, Registration Regulatory Affairs Monsanto Company 700 14th Street, N. W., Suite 1100 Washington, DC 20005 Dear Dr. Schneider:

Subject: Your Applications and Subsequent Revisions to Test ZMIR39 x MON810 Combined Insecticidal Trait Stacked Corn Hybrids Along with ZMIR39 and MON810 Corn Hybrids Dated November 11, 2002; May 19, 2003; and June 26, 2003. EPA Experimental Use Permit No. 524 EUP 96 Effective Dates: Plantings Through December 31, 2003 and Associated Activities Such as Collection of Field Data; Harvesting & Processing of Seed After Last Planting; Etc.

Quantity Authorized: 11b Cry3Bb1 Protein In Seeds Shipped On the basis of the information furnished by the applicant and the annexed program, this experimental use permit ( EUP) under § 5 of the Federal Insecticide, Fungicide, and Rodenticide Act is hereby granted to test ZMIR39 x MON810 combined insecticidal trait stacked corn hybrids along with ZMIR39 and MON810 corn hybrids; Bacillus thuringiensis Cry3Bb1 Protein and the genetic material necessary for its production ( vector ZMIR39) in corn [ ZMIR39] and Bacillus thuringiensis Cry1Ab delta endotoxin and the genetic material necessary for its production ( vector PV ZMCT01) in corn [ MON810]. Shipment and/ or use under this Permit is subject to the provisions of 40 CFR Part 172. Tolerance exemptions under 40 CFR 180.1174 and 180.1214 apply to these plant incorporated protectants in corn to be tested under this permit in the Bt. Although plantings are currently only approved through December 31, 2003, provided the 40 CFR 180.1214 time limited tolerance exemption is amended so that its expiration date is removed; the Agency anticipates extending this EUP.

Prior to shipment and/ or use of the subject corn, you must consult with the pesticide regulatory officials and, if applicable, the biotechnology regulatory officials of the State( s) in which your experimental program will be conducted, and obtain a State permit or license if such is required. ( Note Hawaii's reporting requirement for genetically modified organisms under section 321 11.6 of the Hawaii revised statutes.) Issuance of this Federal permit does not negate the need for permission from individual States. Prior to initiating this experimental program in any State, 2 you are to notify the lead Agency of the State( s) in which your experimental program will be conducted of the specific testing program ( when, where, how much, etc.). Failure to do so may result in revocation or modification of this EUP. You must comply with all requirements of the USDA/ APHIS as they apply to the proposed testing.

You must provide notice to the State pesticide regulatory Agency at least 72 hours before you begin to apply the experimental use product. You must modify your November 11, 2002 Section G and its May 19, 2003 supplement and submit a copy for the record so that it agrees with your labels and the information presented in your June 26, 2003 submission; namely that you will be testing ZMIR39 x MON810 combined insecticidal trait stacked corn hybrids along with ZMIR39 and MON810 corn hybrids under this EUP. You must also provide a copy of this authorization letter and approved label, as well as the non confidential portion of the revised Section G mentioned above to all cooperators, participants, and users prior to the initial pesticide application made in accordance with the EUP. The Agency is also notifying the relevant EPA Region( s), by sending them copies of this EUP.

Based upon the submitted experimental program, the subject corn seed may be shipped for use under this permit to the following State( s) and be planted on the following acreage and crops, provided that the States agree to the trials and all other requirements of the USDA/ APHIS have been met as they apply to the testing:

States Acres AL 2.5 CA 50 CO 10 HI 266 IA 101.2 IL 116.5 IN 38.3 KS 19 KY 0.5 MD 1.3 MI 2.5 MN 31.6 States cont. Acres cont.

MO 20.3 3 MS 2.5 NC 0.5 NE 50.3 NM 0.5 NY 0.5 OH 29.6 PA 3.3 PR 29 SD 20 TN 12.5 TX 5.5 VA 0.5 WI 15.3 Total 829.7 Conditions under which the EUP is being issued are as follows.

1. The total amount of corn seed to be used will not exceed the quantity authorized by the EUP and its planting acres.

2. Although the Agency is not requiring Monsanto to modify its experimental program as requested by the Sierra Club in their comments to OPP Docket No. OPP 2002 0352, the permittee must immediately notify the Environmental Protection Agency of any findings from the experimental uses that have a bearing on safety ( i. e., reporting to the Agency of any adverse effects from the use of, or exposure to, the pesticide is required). The permittee will also keep records of production, distribution and performance, and, on request, make the records available to any authorized officer or employee of the Environmental Protection Agency.

3. You must provide a final report within180 days of the expiration of the permit. The final report must include all of the items set forth in 40 CFR § 172.8( b).

4. Per 40 CFR § 174.4( b)( v), you must provide the name and street address of all cooperators as soon as available and prior to planting.

5. The labeling submitted in connection with your application is acceptable subject to the following comments and must be used for all shipments of seed subsequent to receiving this approval and be in possession of the user under this EUP amendment. 4 ° Modify the EUP number from " 524 EUP OA" to " 524 EUP 96 on all labels.

° Each label must have the EPA Establishment Number listed and have the statement " Cooperators must have at least one copy of each applicable protocol..." modified to state " Cooperators and participants must have at least one copy of each applicable protocol..."

° Delete the " EPA Registration Number 524 489" and add a net contents statement to the MON810 label and provide the active ingredient percentage based on the wt/ wt of dry grain.

A stamped copy of the master label which includes labels for ZMIR39, MON810, and ZMIR39xMON810 hybrids is enclosed for your records. Within 30 days, submit an updated label that includes these changes for the record.

6. Submit an updated Confidential Statement of Formula that incorporates the changes indicated for the ingredients statements in item 5 above.

7. This experimental use permit is not a limited seed increase registration under § 3 of FIFRA and plantings solely for commercial seed increase are prohibited Sincerely,

/ s/

Janet L. Andersen, Ph. D., Director Biopesticides and Pollution Prevention Division ( 7511C) Enclosure


[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Rules and Regulations]
[Pages 26336-26338]
[FR Doc No: 2017-11676]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-9178; Airspace Docket No. 16-ASO-12]

Amendment of VOR Federal Airways; Eastern United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies VOR Federal airways V-16, V-94 and V-124,
in the eastern United States due to the planned decommissioning of the
Jacks Creek, TN, VOR/DME navigation aid.

DATES: Effective date 0901, August 17, 2017. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC, 20591; telephone: 202-267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go to
http://www.archives.gov/federal_register/code_of_federalregulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is

published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT:  Paul Gallant, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it modifies the air traffic service route structure in the
eastern United States to maintain the efficient flow of air traffic.

History

    On December 1, 2016, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend VOR Federal airways V-16,
V-94 and V-124, due to the planned decommissioning of the Jacks Creek,
TN, VOR/DME (81 FR 86633) Docket No. 2016-9178. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal. No comments were received.
    Domestic VOR Federal airways are published in paragraph 6010(a) of
FAA Order 7400.11A dated August 3, 2016, and effective September 15,
2016, which is incorporated by reference in 14 CFR 71.1. The VOR
Federal airways listed in this document will be subsequently published
in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016, and effective September 15,
2016. FAA Order 7400.11A is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11A lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This final rule amends Title 14, Code of Federal Regulations (14
CFR) part 71 by modifying VOR Federal airways V-16, V-94 and V-124, due
to the planned decommissioning of the Jacks Creek, TN, VOR/DME. The
route changes are described below.
    V-16: V-16 extends between Los Angeles, CA, and Boston, MA. This
action amends that portion of the route that reads ``. . .Marvell, AR;
Holly Springs, MS; Jacks Creek, TN; Shelbyville, TN. . ..'' to read as
follows: ``. . .Marvell, AR; to Holly Springs, MS. From Shelbyville,
TN;. . ..'' thus eliminating Jacks Creek, TN, from the route.
    V-94: V-94 extends between Blythe, CA and Bowling Green, KY. This
action terminates the route at Holly Springs, MS, thus eliminating the
segments of the route from Holly Springs, MS, through Jacks Creek, TN,
to Bowling Green, KY.
    V-124: V-124 extends between Bonham, TX and Graham, TN. This action
terminates the route at Gilmore, AR, thus eliminating the segments from
Gilmore, AR, through Jacks Creek, TN, to Graham, TN.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation because the anticipated impact is so
minimal. Since this is a routine matter that only affects air traffic
procedures and air navigation, it is certified that this rule does not
have a significant economic impact on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of modifying VOR Federal
airways V-16, V-94 and V-124 in the eastern United States due to the
planned decommissioning of the Jacks Creek, TN, VOR/DME navigation aid
qualifies for categorical exclusion under the National Environmental
Policy Act and its agency-specific implementing regulations in FAA
Order 1050.1F, ``Environmental Impacts: Policies and Procedures''
regarding categorical exclusions for procedural actions at paragraph 5-
6.5a, which categorically excludes from full environmental impact
review rulemaking actions that designate or modify classes of airspace
areas, airways, routes, and reporting points. Therefore, this airspace
action is not expected to result in any significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, this action has been reviewed for factors
and circumstances in which a normally categorically excluded action may
have a significant environmental impact requiring further analysis, and
it is determined that no extraordinary circumstances exist that warrant
preparation of an environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

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

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

0
1. The authority citation for part 71 continues to read as follows:

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016 and
effective September 15, 2016, is amended as follows:

Paragraph 6010(a)--Domestic VOR Federal Airways

* * * * *

V-16 [Amended]

    From Los Angeles, CA; Paradise, CA; Palm Springs, CA; Blythe,
CA; Buckeye, AZ; Phoenix, AZ; INT Phoenix 155[deg] and Stanfield,
AZ, 105[deg] radials; Tucson, AZ; San Simon, AZ; INT San Simon
119[deg] and Columbus, NM, 277[deg] radials; Columbus; El Paso, TX;
Salt Flat, TX; Wink, TX; INT Wink 066[deg] and Big Spring, TX,
260[deg] radials; Big Spring; Abilene, TX; Bowie, TX; Bonham, TX;
Paris, TX; Texarkana, AR; Pine Bluff, AR; Marvell, AR; to Holly
Springs, MS. From Shelbyville, TN; Hinch Mountain, TN; Volunteer,
TN; Holston Mountain, TN; Pulaski, VA; Roanoke, VA; Lynchburg, VA;
Flat Rock, VA; Richmond, VA; INT Richmond 039[deg] and Patuxent, MD,
228[deg] radials; Patuxent; Smyrna, DE; Cedar Lake,

NJ; Coyle, NJ; INT Coyle 036[deg] and Kennedy, NY, 209[deg] radials;
Kennedy; INT Kennedy 040[deg] and Calverton, NY 261[deg] radials;
Calverton; Norwich, CT; Boston, MA. The airspace within Mexico and
the airspace below 2,000 feet MSL outside the United States is
excluded. The airspace within Restricted Areas R-5002A, R-5002C, and
R-5002D is excluded during their times of use. The airspace within
Restricted Areas R-4005 and R-4006 is excluded.

V-94 [Amended]

    From Blythe, CA, INT Blythe 094[deg] and Gila Bend, AZ, 299[deg]
radials; Gila Bend; Stanfield, AZ; 55 miles, 74 miles, 95 MSL, San
Simon, AZ; Deming, NM; Newman, TX; Salt Flat, TX; Wink, TX; Midland,
TX; Tuscola, TX; Glen Rose, TX; Cedar Creek, TX: Gregg County, TX;
Elm Grove, LA; Monroe, LA; Greenville, MS; to Holly Springs, MS.

V-124 [Amended]

    From Bonham, TX, via Paris, TX; Hot Springs, AR; Little Rock,
AR; to Gilmore, AR.
* * * * *

    Issued in Washington, DC, on May 23, 2017.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2017-11676 Filed 6-6-17; 8:45 am]
 BILLING CODE 4910-13-P


                          RCRA REVISION CHECKLIST 17

                            HSWA Codification Rule
                               50 FR 28702-28755
                                 July 15, 1985
                               (HSWA Cluster I)

Note: This codification rule incorporated numerous HSWA amendments to RCRA into the existing RCRA regulations. Since HSWA provides that states may seek authorization for selected provisions (instead of having to adopt all provisions simultaneously), this checklist has been subdivided into logical groupings of the HSWA early enactment provisions.  There are 19 subsections to this checklist.

Checklist 17 A  -  Small Quantity Generators (superseded by Checklist 23)

Checklist 17 B  -  Delisting

Checklist 17 C  -  Household Waste

Checklist 17 D  -  Waste Minimization

Checklist 17 E  -  Location Standards for Salt Domes, Salt Beds, Underground Mines and Caves

Checklist 17 F  -  Liquids in Landfills

Checklist 17 G  -  Dust Suppression

Checklist 17 H  -  Double Liners

Checklist 17 I  -  Ground-Water Monitoring

Checklist 17 J  -  Cement Kilns

Checklist 17 K  -  Fuel Labeling superseded by Checklist 19)

Checklist 17 L  -  Corrective Action

Checklist 17 M  -  Pre-construction Ban

Checklist 17 N  -  Permit Life

Checklist 17 O  -  Omnibus Provision

Checklist 17 P  -  Interim Status

Checklist 17 Q  -  Research and Development Permits

Checklist 17 R - Hazardous Waste Exports (superseded by Checklist 31)

Checklist 17 S  -  Exposure Information

Name of State: Washington

State Statutory Authority: Chapter 70.105 RCW

Title of Regulations: Chapter 173-303 WAC                              Effective Date: July 31, 2009

Date Checklist Completed:  May 10, 2010

                          RCRA REVISION CHECKLIST 17S

                             Exposure Information

                             FEDERAL REQUIREMENTS
                             FEDERAL RCRA CITATION
                           ANALOGOUS STATE CITATION
                               STATE ANALOG IS:
EQUIV-ALENT
LESS STRIN-GENT
                                MORE STRIN-GENT
                               BROADER IN SCOPE

PART 270  -  EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM

                       SUBPART B  -  PERMIT APPLICATION

GENERAL APPLICATION REQUIREMENTS
†
completeness
270.10(c)
800(8)
X

†
exposure information
270.10(j)
806(12)
X


[Federal Register Volume 80, Number 82 (Wednesday, April 29, 2015)]
[Rules and Regulations]
[Pages 23710-23711]
[FR Doc No: 2015-09874]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-0518; Airspace Docket No. 15-ANM-2]

Amendment of Class E Airspace; Livingston, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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

SUMMARY: This action amends the legal description of the Class E
airspace area at Livingston, MT. The geographic coordinates of the
airport are updated to coincide with the FAA's aeronautical database as
well as correcting a longitudinal point of the airspace boundary. This
does not affect the charted boundaries or operating requirements of the
airspace.

DATES: Effective 0901 UTC, June 25, 2015. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.9Y, Airspace Designations and Reporting
Points and subsequent amendments can be viewed online at http://www.faa.gov/airtraffic/publications/. The order is also available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15. For further
information, you can contact the Airspace Policy and ATC Regulations
Group, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington DC 29591; telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Steve Haga, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The Aeronautical Information Services branch identified an error in
a longitudinal coordinate in the legal description extending upward
from 1,200 feet above the surface, and the airport reference point
(ARP) was not coincidental with the FAA's aeronautical database. This
action makes these corrections.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9Y dated August 6, 2014, and effective September 15,
2014, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.9Y, airspace Designations and
Reporting Points, dated August 6, 2014, and effective September 15,
2014. FAA Order 7400.9Y is publicly available as listed in the
ADDRESSES section of this final rule. FAA Order 7400.9Y lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends the legal description of the Class E airspace area
extending upward from 700 feet above the surface at Livingston, MT. The
geographic coordinates of the airport are updated to coincide with the
FAA's aeronautical database, and a longitudinal point of the airspace
boundary extending from 1,200 feet above the surface is corrected from
``long. 112[deg]29'00''W., to ``long 110[deg]29'00''W.''. This does not
affect the boundaries or operating requirements of the airspace.
    This is an administrative change and does not affect the
boundaries, altitudes, or operating requirements of the airspace,
therefore, notice and public procedure under 5 U.S. C. 553(b) is
unnecessary.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class E airspace at Mission Field Airport, Livingston, MT.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71:

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y,
Airspace Designations and Reporting Points, dated August 6, 2014,
effective September 15, 2014, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
feet or More Above the Surface of the Earth.

* * * * *

ANM MT E5 Livingston, MT [Modified]

Livingston, Mission Field Airport, MT
    (Lat. 45[deg]41'58'' N., long. 110[deg]26'53'' W.)

    That airspace extending upward from 700 feet above the surface
within a 4.2-mile radius of Mission Field Airport, and that airspace
bounded by a line beginning at lat. 45[deg]40'30'' N., long.
110[deg]15'20'' W.; to lat. 45[deg]47'30'' N., long. 110[deg]15'30''
W.; to lat. 45[deg]47'30'' N., long. 110[deg]23'00'' W.; to lat.
46[deg]02'20'' N., long. 110[deg]31'00'' W.; to lat. 45[deg]58'00''
N., long. 110[deg]47'15'' W.; to lat. 45[deg]38'45'' N., long.
110[deg]37'00'' W.; thence to point of beginning, and that airspace
extending upward from 1,200 feet above the surface within an area
bounded by a line beginning at lat. 46[deg]16'00'' N., long
112[deg]00'00'' W.; to lat. 46[deg]37'00'' N., long. 111[deg]30'00''
W.; to lat. 46[deg]37'00'' N., long. 110[deg]43'00'' W.; to lat.
46[deg]00'00'' N., long. 110[deg]29'00'' W.; to lat. 46[deg]00'00''
N., long. 109[deg]30'00'' W.; to lat. 45[deg]30'00'' N., long.
109[deg]30'00'' W.; to lat. 45[deg]30'00'' N., long. 112[deg]00'00''
W.; thence to point of beginning; excluding that airspace within
Federal airways, the Helena, MT, and the Billings, MT, Class E
airspace areas.

    Issued in Seattle, Washington, on April 21, 2015.
Christopher Ramirez,
Acting Manager, Operations Support Group Western Service Center, AJV-
W2.
[FR Doc. 2015-09874 Filed 4-28-15; 8:45 am]
 BILLING CODE 4910-14-P