[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Rules and Regulations]
[Pages 43931-43936]
[FR Doc No: 2015-17934]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0011; Directorate Identifier 2013-NM-046-AD;
Amendment 39-18194; AD 2015-13-07]
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 superseding Airworthiness Directive (AD) 98-13-23 for
certain Airbus 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). AD 98-13-23 required
inspections to detect corrosion and cracking of the lower horizontal
stabilizer cutout longeron, the corner fitting, the skin strap, and the
outer skin; and repair, if necessary. This new AD reduces the
compliance times and repetitive intervals, and changes the inspection
procedures. This AD was prompted by the determination that the risk of
cracking is higher than initially determined. We are issuing this AD to
prevent cracking of the lower horizontal stabilizer cutout longeron,
the corner fitting, the skin strap, and the outer skin, which could
result in reduced structural integrity of the horizontal-stabilizer
cutout longeron.

DATES: This AD becomes effective August 28, 2015.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 28,
2015.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of July
30, 1998 (63 FR 34576).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0011; 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-2014-0011.

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 98-13-23, Amendment 39-10614 (63 FR 34576, June
25, 1998). AD 98-13-23 applied to certain Airbus Model 300-600 series
airplanes. The NPRM published in the Federal Register on February 10,
2014 (79 FR 7592).
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2013-0048, dated March 4, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition on certain Airbus 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 MCAI states:

    During a full scale fatigue test, a crack was found at the lower
corner of the assembly of the horizontal stabilizer cut-out, between
Frame (FR)87 and FR89 and between Stringer (STGR)24 and STGR27, Left
Hand (LH) and Right Hand (RH) sides.
    This condition, if not detected and corrected, could reduce the
structural integrity of the aeroplane.
    DGAC [The Direction Generale de l'Aviation Civile France] France
issued AD * * * to require repetitive visual and High Frequency Eddy
Current (HFEC) rotating probe inspections of the affected areas and
subsequent corrective action, in case of cracks.
    Since that [DGAC France] AD was issued, a fleet survey and
updated Fatigue and Damage Tolerance analyses have been performed to
substantiate the second A300-600 Extended Service Goal (ESG2)
exercise. The results of these analyses have shown that the risk of
cracks for these aeroplanes is higher than initially determined and
that, consequently, the thresholds and intervals must be reduced to
allow timely detection of these cracks and accomplishment of an
applicable corrective action.
    For the reasons described above, this [EASA] AD retains the
requirements of DGAC France AD * * *, which is superseded, and
requires the accomplishment of these actions within the new
thresholds and intervals defined in Revision 03 of Airbus Service
Bulletin (SB) A300-53-6042 [dated August 30, 2012].

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0011-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (79
FR 7592, February 10, 2014) and the FAA's response to each comment.

Acknowledgement of the NPRM (79 FR 7592, February 10, 2014)

    FedEx acknowledges the requirements of the NPRM (79 FR 7592,
February 10, 2014).

Request To Revise Compliance Times

    UPS requested that we revise the compliance times in the proposed
AD (79 FR 7592, February 10, 2014) to reflect specific times regardless
of the aircraft utilization rate. UPS stated that a comment response in
AD 98-13-23, Amendment 39-10614 (63 FR 34576, June 25, 1998), noted
that the FAA did not concur with the ``average flight time'' (AFT)
compliance time methodology as it may not address the unsafe condition
in a timely manner. UPS stated that paragraph (h) of the proposed AD
specifies that the compliance time is at the applicable times specified
in paragraph 1.E. of Airbus Service Bulletin A300-53-6042, Revision 03,
dated August 30, 2012, which establishes the initial and repetitive
inspection compliance times based on AFT methodology. UPS requested
changing the compliance times in paragraph (h) of the proposed AD to
reflect specific values regardless of the aircraft utilization rate to
provide consistency in the compliance times for paragraphs (g) and (h)
of the proposed AD.
    We disagree with the commenter's request to revise the compliance
times in this AD. At the time the FAA issued AD 98-13-23, Amendment 39-
10614 (63 FR 34576, June 25, 1998), the required actions in Airbus
Service Bulletin A300-53-6042, Revision 1, dated February 20, 1995,
contained inspection thresholds and intervals based on airplane flight
cycles, and provided instructions for adjusting the flight cycle
threshold and interval using each individual airplane's AFT
utilization. The FAA did not agree with the AFT method because it could
result in a different inspection threshold and interval for each
individual airplane, and the FAA did not agree with adjusting a flight
cycle based threshold and interval using the average flight time
utilization without also having a related flight hour based threshold
and interval. In Airbus Service Bulletin A300-53-6042, Revision 03,
dated August 30, 2012, the inspection thresholds and intervals are now
based on the accumulation of both flight cycles and flight hours, and
are listed in tables appropriately grouping airplanes with average
flight time utilization above 1.5 hours, and airplanes with average
flight time utilization at or below 1.5 hours. The changes made in
Airbus Service Bulletin A300-53-6042, Revision 03, dated August 30,
2012 have addressed the FAA's original concerns with the AFT method and
is acceptable for this AD.
    We acknowledge that a fixed compliance time for a fleet could be
easier for operators to schedule and record compliance. Therefore,
under the provisions of paragraph (l)(1) of this AD, we will consider
requests for approval of an alternative method of compliance (AMOC) if
a proposal is submitted that is supported by technical data that
includes fatigue and damage tolerance analysis. We have not changed
this AD in this regard.

Request for Credit for Previous Cold Expansion

    UPS requested that we allow credit for previous accomplishment of
cold expansion of the fastener holes. UPS stated that paragraph (h)(3)
of the proposed AD (79 FR 7592, February 10, 2014) requires cold
working fastener holes in accordance with Airbus Service Bulletin A300-
53-6042, Revision 03, dated August 30, 2012, if no cracking is found.
However, the fastener holes were previously cold worked as a
requirement of paragraph (c)(2) of AD 98-13-23, Amendment 39-10614 (63
FR 34576, June 25, 1998). UPS suggested that we add the phrase ``unless
previously accomplished'' to

the second sentence of paragraph (h)(3) of the proposed AD.
    We agree with the request to give credit if fastener holes were
cold worked before the effective date of this AD. We have added a new
paragraph (k)(2) to this AD to give credit for cold working fastener
holes using Airbus Service Bulletin A300-53-6042, Revision 1, dated
February 20, 1995, which is referred to as the appropriate source of
service information for the actions in AD 98-13-23, Amendment 39-10614
(63 FR 34576, June 25, 1998); or Airbus Service Bulletin A300-53-6042,
Revision 02, dated April 28, 1998.
    We have re-designated paragraph (k) of the proposed AD (79 FR 7592,
February 10, 2014) as paragraph (k)(1) of this AD. We also removed the
reference to Airbus Service Bulletin A300-53-6042, Revision 1, dated
February 20, 1995 from paragraph (k)(1) of this AD, which gives credit
for actions in paragraph (g) of this AD. Paragraph (g) of this AD
already refers Airbus Service Bulletin A300-53-6042, Revision 1, dated
February 20, 1995, as a source of service information.

Request To Remove Requirement To Refer to This AD in Repair Approvals

    UPS also requested that we revise paragraph (i)(2) of the proposed
AD (79 FR 7592, February 10, 2014) to remove the requirement to include
the AD reference in repair approvals. UPS noted its concerns that the
proposal would require development of a unique Airbus process for U.S.
operators; that it could have significant financial and administrative
impacts to existing customer support agreements and different AD
records requirements within an operator's fleet; and that it will
increase requests for approval of AMOCs and result in delayed return to
service.
    We concur with the commenter's request to remove from this AD the
requirement that repair approvals must specifically refer to this AD.
We have revised paragraph (i)(2) of this AD accordingly.
    Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD. The MCAI or referenced service
information in an FAA AD often directs the owner/operator to contact
the manufacturer for corrective actions, such as a repair. Briefly, the
Airworthy Product paragraph allowed owners/operators to use corrective
actions provided by the manufacturer if those actions were FAA-
approved. In addition, the paragraph stated that any actions approved
by the State of Design Authority (or its delegated agent) are
considered to be FAA-approved.
    In the NPRM (79 FR 7592, February 10, 2014), we proposed to prevent
the use of repairs that were not specifically developed to correct the
unsafe condition, by requiring that the repair approval provided by the
State of Design Authority or its delegated agent specifically refer to
this FAA AD. This change was intended to clarify the method of
compliance and to provide operators with better visibility of repairs
that are specifically developed and approved to correct the unsafe
condition. In addition, we proposed to change the phrase ``its
delegated agent'' to include ``the Design Approval Holder (DAH) with a
State of Design Authority's design organization approval (DOA)'' to
refer to a DAH authorized to approve required repairs for the AD.
    In its comments to the NPRM (79 FR 7592, February 10, 2014), UPS
stated the following: ``The proposed wording, being specific to
repairs, eliminates the interpretation that Airbus messages are
acceptable for approving minor deviations (corrective actions) needed
during accomplishment of an AD mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed that paragraph and
retitled it ``Contacting the Manufacturer.'' This paragraph now
clarifies that for any requirement in this AD to obtain corrective
actions from a manufacturer, the actions must be accomplished using a
method approved by the FAA, EASA, or Airbus's EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or
other information.
    This clarification does not remove flexibility afforded previously
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the AD Implementation
Aviation Rulemaking Committee to increase flexibility in complying with
ADs by identifying those actions in manufacturers' service instructions
that are ``Required for Compliance'' with ADs. We continue to work with
manufacturers to implement this recommendation. But once we determine
that an action is required, any deviation from the requirement must be
approved as an alternative method of compliance.
    Other commenters to an NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) pointed out that in many cases
the foreign manufacturer's service bulletin and the foreign authority's
MCAI may have been issued some time before the FAA AD. Therefore, the
DOA may have provided U.S. operators with an approved repair, developed
with full awareness of the unsafe condition, before the FAA AD is
issued. Under these circumstances, to comply with the FAA AD, the
operator would be required to go back to the manufacturer's DOA and
obtain a new approval document, adding time and expense to the
compliance process with no safety benefit.
    Based on these comments, we removed the requirement from this AD
that the DAH-provided repair specifically refer to this AD. Before
adopting such a requirement in the future, the FAA will coordinate with
affected DAHs and verify they are prepared to implement means to ensure
that their repair approvals consider the unsafe condition addressed in
an AD. Any such requirements will be adopted through the normal AD
rulemaking process, including notice-and-comment procedures, when
appropriate.
    We have also decided not to include a generic reference to either
the

``delegated agent'' or the ``DAH with State of Design Authority design
organization approval,'' but instead we will provide the specific
delegation approval granted by the State of Design Authority for the
DAH.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 7592, February 10, 2014) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 7592, February 10, 2014).

Related Service Information Under 1 CFR Part 51

    Airbus issued Service Bulletin A300-53-6042, Revision 03, dated
August 30, 2012. The service information describes procedures for an
inspection of the lower tail plane cut-out. 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 5 airplanes of U.S. registry.
    The actions required by AD 98-13-23, Amendment 39-10614 (63 FR
34576, June 25, 1998), and retained in this AD take about 268 work-
hours 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 actions that were required by AD 98-13-23 is
$22,780 per product.
    We also estimate that it will take about 88 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 $0 per
product. Based on these figures, we estimate the cost of this AD on
U.S. operators to be $37,400, or $7,480 per product per inspection
cycle.
    In addition, we estimate that any necessary follow-on actions will
take about 155 work-hours and require parts costing $0, for a cost of
$13,175 per product. We have no way of determining the number of
aircraft that might need this action.

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-2014-0011; 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 800-647-
5527) 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 removing Airworthiness Directive (AD)
98-13-23, Amendment 39-10614 (63 FR 34576, June 25, 1998), and adding
the following new AD:

2015-13-07 Airbus: Amendment 39-18194. Docket No. FAA-2014-0011;
Directorate Identifier 2013-NM-046-AD.

(a) Effective Date

    This AD becomes effective August 28, 2015.

(b) Affected ADs

    This AD replaces AD 98-13-23, Amendment 39-10614 (63 FR 34576,
June 25, 1998).

(c) Applicability

    This AD applies to Airbus Model A300 B4-601, B4-603, B4-620, and
B4-622 airplanes; Model A300 B4-605R and B4-622R airplanes; Model
A300 F4-605R and F4-622R airplanes; and Model A300 C4-605R Variant F
airplanes; certificated in any category; on which Airbus
Modification 6146 has not been installed.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of cracking found at the lower
corner of the horizontal stabilizer cutout longeron during a full
scale fatigue test, and a determination that the risk of cracking is
higher than initially determined. We are issuing this AD to prevent
cracking of the lower horizontal stabilizer cutout longeron, the
corner fitting, the skin strap, and the outer skin, which could
result in reduced structural integrity of the horizontal-stabilizer
cutout longeron.

(f) Compliance

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

(g) Retained Inspections and Corrective Actions

    This paragraph restates the requirements of paragraphs (a), (b),
(c), (d), and (e) of AD 98-13-23, Amendment 39-10614 (63 FR 34576,

June 25, 1998), with revised service information.
    (1) Prior to the accumulation of 18,000 total landings, or
within 2,000 landings after July 30, 1998 (the effective date of AD
98-13-23, Amendment 39-10614 (63 FR 34576, June 25, 1998), whichever
occurs later: Perform a visual and eddy current inspection to detect
cracks and/or corrosion of Areas 1 and 2 of the lower horizontal
stabilizer cutout longeron, in accordance with Airbus Service
Bulletin A300-53-6042, Revision 1, dated February 20, 1995; or the
Accomplishment Instructions of Airbus Service Bulletin A300-53-6042,
Revision 03, dated August 30, 2012. As of the effective date of this
AD, use only Airbus Service Bulletin A300-53-6042, Revision 03,
dated August 30, 2012, to do the actions required by this paragraph.
    (2) At the later of the times specified in paragraphs (g)(2)(i)
and (g)(2)(ii) of this AD: Perform a visual and an eddy current
inspection to detect cracks and corrosion of Area 3 of the lower
horizontal stabilizer cutout longeron, in accordance with Airbus
Service Bulletin A300-53-6042, Revision 1, dated February 20, 1995;
or the Accomplishment Instructions of Airbus Service Bulletin A300-
53-6042, Revision 03, dated August 30, 2012. As of the effective
date of this AD, use only Airbus Service Bulletin A300-53-6042,
Revision 03, dated August 30, 2012, to do the actions required by
this paragraph.
    (i) Prior to the accumulation of 24,000 total landings, but not
before the accumulation of 18,000 total landings; or
    (ii) Prior to the accumulation of 2,000 landings after July 30,
1998 (the effective date of AD 98-13-23, Amendment 39-10614 (63 FR
34576, June 25, 1998)).
    (3) If no cracking is detected during any inspection required by
paragraph (g)(1) or (g)(2) of this AD: Before further flight, cold
work and ream the vacated fastener holes, in accordance with Airbus
Service Bulletin A300-53-6042, Revision 1, dated February 20, 1995;
or the Accomplishment Instructions of Airbus Service Bulletin A300-
53-6042, Revision 03, dated August 30, 2012; and perform the
requirements of paragraph (g)(3)(i) or (g)(3)(ii) of this AD, as
applicable. As of the effective date of this AD, use only Airbus
Service Bulletin A300-53-6042, Revision 03, dated August 30, 2012,
to do the actions required by this paragraph.
    (i) For airplanes on which no cracking is found in Area 1 or 2:
Repeat the inspections required by paragraph (g)(1) of this AD
thereafter at intervals not to exceed 6,000 flight cycles.
    (ii) For airplanes on which no cracking is found in Area 3:
Perform the various follow-on actions in accordance with Airbus
Service Bulletin A300-53-6042, Revision 1, dated February 20, 1995;
or the Accomplishment Instructions of Airbus Service Bulletin A300-
53-6042, Revision 03, dated August 30, 2012. (The follow-on actions
include installing a new corner fitting, installing a new longeron,
and performing a cold working procedure.) After accomplishment of
these follow-on actions, no further action is required by this AD.
After the effective date of this AD, use only Airbus Service
Bulletin A300-53-6042, Revision 03, dated August 30, 2012, to do the
actions required by this paragraph.
    (4) If any cracking is detected during any inspection required
by paragraph (g)(1) or (g)(2) of this AD, perform the requirements
of paragraph (g)(4)(i) or (g)(4)(ii) of this AD, as applicable.
    (i) If any cracking is found in Area 1 or 3 that is within the
limits specified in Airbus Service Bulletin A300-53-6042, Revision
1, dated February 20, 1995; or Airbus Service Bulletin A300-53-6042,
Revision 03, dated August 30, 2012: Before further flight, repair in
accordance with Airbus Service Bulletin A300-53-6042, Revision 1,
dated February 20, 1995; or the Accomplishment Instructions of
Airbus Service Bulletin A300-53-6042, Revision 03, dated August 30,
2012. As of the effective date of this AD, use only Airbus Service
Bulletin A300-53-6042, Revision 03, dated August 30, 2012, to do the
actions required by this paragraph.
    (ii) If any cracking is found in Area 2, or if any cracking is
found in any area and that cracking is beyond the limits described
in Airbus Service Bulletin A300-53-6042, Revision 1, dated February
20, 1995; or Airbus Service Bulletin A300-53-6042, Revision 03,
dated August 30, 2012: Before further flight, repair 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).
    (5) If any corrosion is detected during any inspection required
by paragraph (g) of this AD, prior to further flight, repair the
corrosion, in accordance with Airbus Service Bulletin A300-53-6042,
Revision 1, dated February 20, 1995; or the Accomplishment
Instructions of Airbus Service Bulletin A300-53-6042, Revision 03,
dated August 30, 2012. As of the effective date of this AD, use only
Airbus Service Bulletin A300-53-6042, Revision 03, dated August 30,
2012, to do the actions required by this paragraph.

(h) New Inspections

    At the applicable times specified in paragraph 1.E.,
``Compliance,'' of Airbus Service Bulletin A300-53-6042, Revision
03, dated August 30, 2012, except as provided by paragraphs (j)(1)
and (j)(2) of this AD: Do the actions specified in paragraphs
(h)(1), (h)(2), and (h)(3) of this AD, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A300-53-6042,
Revision 03, dated August 30, 2012. Repeat the inspections,
thereafter, at the applicable intervals specified in paragraph 1.E.,
``Compliance,'' of Airbus Service Bulletin A300-53-6042, Revision
03, dated August 30, 2012. Doing the initial inspections required by
paragraph (h) of this AD and applicable corrective actions required
by paragraph (i) of this AD terminates the requirements of paragraph
(g) of this AD.
    (1) Do a general visual inspection for cracking and corrosion of
the lower horizontal stabilizer cut-out longeron, the corner
fitting, the skin strap, and the skin between frame (FR)87 and FR89
and between stringers (STGR)24 and STGR27, left- and right-hand
sides.
    (2) Do a high frequency eddy current (HFEC) inspection for
cracking of the flanges of the lower corner fittings and the edges
of the outer skin and the edges of the longeron, the skin strap, and
the skin at the run-out of the corner fitting above the last eight
fasteners.
    (3) Do a rotating probe inspection for cracking of the fastener
holes. If no cracking is found during the rotating probe inspection,
before further flight, do a cold expansion of the fastener holes, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A300-53-6042, Revision 03, dated August 30, 2012.

(i) New Corrective Actions

    (1) If any corrosion is found during any inspection required by
paragraph (h) of this AD, before further flight, repair, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A300-53-6042, Revision 03, dated August 30, 2012.
    (2) If any cracking is found during any inspection required by
paragraph (h) of this AD, before further flight, repair in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A300-53-6042, Revision 03, dated August 30, 2012, except
where Airbus Service Bulletin A300-53-6042, Revision 03, dated
August 30, 2012, specifies to contact Airbus, before further flight,
repair using a method approved by the Manager, International Branch,
ANM-116, Transport Airplane Directorate, FAA; or EASA, or Airbus's
EASA DOA.

(j) Exception

    (1) Where Airbus Service Bulletin A300-53-6042, Revision 03,
dated August 30, 2012, specifies a grace period of 1950 flight
cycles or 4100 flight hours, this AD specifies the grace period
after the effective date of this AD.
    (2) Where Airbus Service Bulletin A300-53-6042, Revision 03,
dated August 30, 2012, specifies a compliance time ``after receipt
of this service bulletin,'' this AD requires compliance within the
specified compliance time after the effective date of this AD.

(k) Credit for Previous Actions

    (1) This paragraph provides credit for the corresponding actions
required by paragraph (g) of this AD, if those actions were
performed before the effective date of this AD using Airbus Service
Bulletin A300-53-6042, Revision 02, dated April 28, 1998, which is
not incorporated by reference in this AD.
    (2) This paragraph provides credit for the corresponding actions
required by paragraph (h)(3) of this AD, if those actions were
performed before the effective date of this AD using Airbus Service
Bulletin A300-53-6042, Revision 1, dated February 20, 1995, which
was incorporated by reference in AD 98-13-23, Amendment 39-10614 (63
FR 34576, June 25, 1998), and continues to be incorporated by
reference in this AD; or Airbus Service Bulletin A300-53-6042,
Revision 02, dated April 28, 1998, 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>    (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 for AD 98-13-23, Amendment 39-10614 (63 FR
34576, June 25, 1998), are approved as AMOCs for the corresponding
requirements 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 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 2013-0048, dated March 4, 2013,
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-2014-0011.
    (2) Service information identified in this AD that is not
incorporated by reference in this AD is available at the addresses
specified in paragraphs (n)(5) and (n)(6) 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.
    (3) The following service information was approved for IBR on
August 28, 2015.
    (i) Airbus Service Bulletin A300-53-6042, Revision 03, dated
August 30, 2012.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
July 30, 1998 (63 FR 34576, June 25, 1998).
    (i) Airbus Service Bulletin A300-53-6042, Revision 1, dated
February 20, 1995.
    (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 June 17, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-17934 Filed 7-23-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Rules and Regulations]
[Page 59013]
[FR Doc No: 2011-24282]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0821; Directorate Identifier 2010-NE-30-AD;
Amendment 39-16657; AD 2011-08-07]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce plc (RR) RB211-Trent 800
Series Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: The FAA is correcting an airworthiness directive (AD) that
published in the Federal Register. That AD applies to RR RB211-Trent
875-17, RB211-Trent 877-17, RB211-Trent 884-17, RB211-Trent 884B-17,
RB211-Trent 892-17, RB211-Trent 892B-17, and RB211-Trent 895-17
turbofan engines. The compliance instructions in the regulatory section
paragraphs (e)(3) and (e)(5) are partially correct and do not fully
meet our original intent. This document corrects those errors. In all
other respects, the original document remains the same.

DATES: The effective date for AD 2011-08-07 remains June 7, 2011.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov; 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 (phone:<PHONE_NUMBER>) is Document 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: Alan Strom, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:
781-238-7199; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Airworthiness Directive 2011-08-07,
Amendment 39-16657 (76 FR 24798, May 3, 2011), currently requires
initial and repetitive ultrasonic inspections of the affected low-
pressure compressor blades, identified by serial number.
    As published, paragraph (e)(3) in the regulatory section
inadvertently referenced RR Alert Service Bulletin (SB) No. RB.211-72-
AG244, Revision 1, dated January 26, 2010, for performing the
ultrasonic inspections of blades, without differentiating between
blades removed or blades installed. Also as published, paragraph (e)(5)
in the regulatory section inadvertently left out that it applies only
to blades that were removed. This document corrects those errors.
    No other part of the preamble or regulatory information has been
changed; therefore, only the changed portion of the final rule is being
published in the Federal Register.
    The effective date of this AD remains June 7, 2011.

Correction of Regulatory Text

Sec.  39.13  [Corrected]

0
In the Federal Register of May 3, 2011, on page 24801, in the first
column, paragraph (e)(3) of AD 2011-08-07 is corrected to read as
follows:
    (3) For blades that are:
    (i) Removed from the engine, use paragraphs 3.A.(1) through 3.A.(2)
of Accomplishment Instructions of RR ASB No. RB.211-72-AG244, Revision
1, dated January 26, 2010, and paragraphs 1 through 3.B. of Appendix 1
of that ASB, to perform the UIs.
    (ii) Not removed from the engine, use paragraphs 3.B.(1) through
3.B.(3) of Accomplishment Instructions of RR ASB No. RB.211-72-AG244,
Revision 1, dated January 26, 2010, and paragraphs 1 through 3.C. of
Appendix 2 of that ASB, to perform the UIs.
    In the Federal Register of May 3, 2011, on page 24801, in the
second column, paragraph (e)(5) of AD 2011-08-07 is corrected to read
as follows:
    (5) For blades that are removed from the engine and pass
inspection, re-apply dry film lubricant, and install all blades in
their original position.

    Issued in Burlington, Massachusetts on September 9, 2011.
Peter A. White,
Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2011-24282 Filed 9-22-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 10, 2010 (Volume 75, Number 89)]
[Proposed Rules]
[Page 25794-25797]
[DOCID:fr10my10-15]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0092]
RIN 1625-AA08

Regulated Navigation Area: Red Bull Air Race World Championship,
Upper New York Bay, Lower Hudson River, NJ and NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary regulated
navigation area on the navigable waters of the lower Hudson River and
Upper New York Bay in the vicinity of Liberty State Park, New Jersey
and Ellis Island, New Jersey and New York for the Red Bull Air Race
World Championship, an event scheduled to be held over water. This
regulation is necessary to protect participants and spectators from the
hazards associated with air races. This proposed action is intended to
restrict vessel traffic in a portion of the lower Hudson River and
Upper New York Bay during the event.

DATES: Comments and related material must be received by the Coast
Guard on or before June 9, 2010.
    Requests for public meetings must be received by the Coast Guard on
or before June 9, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0092 using any one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
     Hand delivery: Same as mail address above, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail LTJG Eunice James, Coast Guard Sector New York
Waterways Management Division, Marine Events Branch; telephone 718-354-
4163, e-mail<EMAIL_ADDRESS>If you have questions on viewing
or submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0092), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0092'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\; by 11 inches,
suitable for copying and electronic filing. If you submit comments by
mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0092'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Basis and Purpose

    Red Bull Air Race GmbH is sponsoring the Red Bull Air Race World
Championship event on and over the waters of the lower Hudson River and
Upper New Bay, in the vicinity of Liberty State Park, NJ and Ellis
Island, NJ and NY on June 17, 2010 through June 20, 2010.
    The event will feature lightweight racing planes, performing low-
flying, high speed precision maneuvers while navigating a low-level
aerial track made up of air-filled pylons. The objective is for pilots
to complete the course in the fastest time while safely navigating
specially designed inflatable pylons known as ``Air Gates'' that will
be strategically placed in the water to form the race course. The event
organizer will commence setting up the race course and placing the Air
Gates in position, on June 14 through June 16, 2010.
    It is anticipated that spectator vessels will gather nearby to view
the event. To provide for the safety of participants, support vessels,
spectators and transiting vessels, the Coast Guard Captain of the Port
New York will temporarily restrict vessel traffic during the event.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary regulated
navigation area on specified waters of the Hudson River and Upper New
York Bay. The regulated area will encompass all waters of Upper New
York Bay and the Hudson River, bound by the following points (NAD 83):
    40[deg]42'31.8'' N, 074[deg]02'04.0'' W; thence to 40[deg]42'36.3''
N, 074[deg]01'47.9'' W; thence to 40[deg]42'34.1'' N, 074[deg]01'28.6''
W; thence to 40[deg]42'07.5'' N, 074[deg]01'26.4'' W; thence to
40[deg]41'17.5'' N, 074[deg]02'07.3'' W; thence to 40[deg]41'46.2'' N,
074[deg]03'04.0'' W; and bound by the shoreline in the vicinity of
Liberty State Park, NJ. The Captain of the Port New York will establish
spectator vessel viewing areas within the boundaries of the regulated
area. Access to the spectator vessel viewing areas will be restricted
to vessels based on vessel size.
    This proposed rule is intended to ensure the safety of the public
and vessels during the event and during scheduled activities related to
the event associated with the Red Bull Air Race Championship event.
    The regulations will be in effect daily from 8 a.m. to 6 p.m., June
17th through June 20th, 2010. On June 17-20, 2010, the restrictions
will be enforced as needed and therefore will be intermittent. On June
17-18, 2010, the restrictions on the regulated area closure will total
no more than 5 hours between the hours of 8 a.m. to 6 p.m. On June 19-
20, 2010, the regulated area closure will total no more than 6 hours
between the hours of 8 a.m. to 6 p.m. The effect will be to restrict
general navigation in the regulated area during the event and during
scheduled activities related to the event. Except for persons or
vessels authorized by the Coast Guard Captain of the Port New York or
the designated representative, no person or vessel may enter or remain
in the regulated area during the enforcement period. The Captain of the
Port New York will notify the public of specific enforcement times by
Marine Radio Safety Broadcast.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory

Planning and Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Order. The Office of
Management and Budget has not reviewed it under that Order.
    Although this proposed rule prevents vessels from transiting a
portion of the Hudson River and Upper New York Bay during the event,
the effect of this regulation will not be significant due to the
limited duration the regulated area will be in effect and enforced. In
addition, advance notifications will be made to the maritime community
via information broadcasts, and local notice to mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This rule will affect the following entities: The owners and
operators of vessels intending to transit or anchor in a portion of the
lower Hudson River and Upper New York Bay in the vicinity of Liberty
State Park, NJ between 10 a.m. June 17, 2010 to 6 p.m. June 20, 2010.
    This proposed regulated navigation area will not have a significant
economic impact on a substantial number of small entities for the
following reasons: The regulated area would be activated for four days,
and subject to enforcement, for approximately 6 hours each day when
participating vessels and aircrafts are in the area. Vessel traffic can
safely transit all waters outside the regulated area during the event.
Before the effective period, we will issue maritime advisories widely
available to users of the waterway.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact LTJG Eunice James, office: (718)
354-4163, email<EMAIL_ADDRESS>The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b) (2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the establishment of regulated areas, including two
spectator vessel viewing areas for a marine event which a permit
application was made.
    We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
    1. The authority citation for part 165 continues to read as
follows:

    Authority:  33 U.S.C. 1226; 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 6.05; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
    2. Add Sec.  165.T01-0092 to read as follows:

Sec.  165.T01-0092  Regulated Navigation Area; Red Bull Air Race
Championship, Upper New York Bay and Hudson River, New York.

    (a) Regulated Navigation Area. The regulated area includes all
waters of Upper New York Bay and the lower Hudson River bound by the
following points (NAD 83): 40[deg]42[min]31.8[sec] N,
074[deg]02[min]04.0[sec] W; thence to 40[deg]42[min]36.3[sec] N,
74[deg]01[min]47.9[sec] W; thence to 40[deg]42[min]34.1[sec] N,
074[deg]01[min]28.6[sec] W; thence to 40[deg]42[min]07.5[sec] N,
074[deg]01[min]26.4[sec] W; thence to 40[deg]41[min]17.5[sec] N,
074[deg]02[min]07.3[sec] W; thence to 40[deg]41[min]46.2[sec] N,
074[deg]03[min]04.0[sec] W; thence along the shoreline to the point of
origin. Within this area, the Captain of the Port New York may
establish--
    (b) Definition. As used in this section, ``designated
representative'' means a commissioned, warrant, or petty officer of the
Coast Guard who has been designated by the Captain of the Port Sector
New York.
    Regulations. (1) No person or vessel may enter, transit, or remain
in the regulated area, unless participating in the event or unless
authorized by the Coast Guard Captain of the Port New York or
designated representative.
    (2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port New York or the designated on-scene
representative. Upon being hailed by a Coast Guard or other law
enforcement vessel by siren, radio, flashing light, or other means the
operator of a vessel shall proceed as directed.
    (c) Enforcement period. The regulated area will be enforced daily
from 8 a.m. to 6 p.m. on June 17 through June 20, 2010.

    Dated: May 4, 2010.
J.A. Servidio,
Captain, U.S. Coast Guard, Acting, Commander, First Coast Guard
District.
[FR Doc. 2010-10946 Filed 5-7-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: July 12, 2007 (Volume 72, Number 133)]
[Notices]
[Page 38115-38116]
[DOCID:fr12jy07-94]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56021; File No. SR-NYSEArca-2007-58]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to the
Extension of a Pilot Program That Increases Position and Exercise
Limits for Options on the iShares[supreg] Russell 2000[supreg] Index
Fund

July 6, 2007.
    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 June 22, 2007, NYSE Arca, Inc. (``NYSE Arca'' 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 substantially prepared by NYSE Arca. NYSE Arca has filed the
proposal pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6) thereunder,\4\ which renders the proposal effective upon filing
with the Commission. 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\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NYSE Arca proposes to amend Rule 6.8 in order to extend the pilot
program (``IWM Pilot'') which allows for increased position and
exercise limits on options overlying the iShares[supreg] Russell
2000[supreg] Index Fund (``IWM''). The text of the proposed rule change
is available at NYSE Arca, the Commission's Public Reference Room, and
http://www.nysearca.com.

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

    In its filing with the Commission, NYSE Arca 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. NYSE Arca 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 purpose of this rule change is to extend the IWM Pilot for a
six-month period, through January 18, 2008,\5\ and to make non-
substantive changes to simplify the rule text describing the IWM Pilot.
The IWM Pilot increases the position and exercise limits for IWM
options traded on the Exchange. The Exchange is not proposing any other
changes to the IWM Pilot at this time. NYSE Arca represents that it has
not encountered any problems or difficulties relating to the IWM Pilot
since its inception.
---------------------------------------------------------------------------

    \5\ The actual time period for the extension will be slightly
less than six months. January 18, 2008 is the third Friday of the
month (or expiration Friday), which is the day on which January 2008
IWM options will expire.
---------------------------------------------------------------------------

    The proposal that established the IWM Pilot was designated by the
Commission to be effective and operative upon filing and provided that
the pilot would run through July 22, 2007.\6\ At that time, the
Exchange amended Commentary .06 to Rule 6.8 on a six-month pilot basis
to exempt options on IWM from the Rule 6.8 Pilot Program. Under the
Rule 6.8 Pilot Program, the position and exercise limits for IWM would
have been reduced on January 22, 2007 from 500,000 to 250,000
contracts. The Exchange proposed to allow position and exercise limits
for options on IWM to remain at 500,000 contracts on a pilot basis,
from January 25, 2007 through July 22, 2007.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 55185 (January 29,
2007), 72 FR 5481 (February 6, 2007) (SR-NYSEArca-2007-10).
---------------------------------------------------------------------------

    In June 2005, as a result of a 2-for-1 stock split, the position
limit for IWM options was temporarily increased from 250,000 contracts
(covering 25,000,000 shares) to 500,000 contracts (covering 50,000,000
shares). At the time of the split, the furthest IWM option expiration
date was January 2007. Therefore, the temporary increase of the IWM
position limit would have reverted to the pre-split level (as provided
for in connection with the Rule 6.8 Pilot Program) of 250,000 contracts
after expiration in January 2007, or on January 22, 2007.
    The Exchange described in the proposal that a position limit of
250,000 contracts is too low and may be a deterrent to the successful
trading of IWM options. The Exchange stated that options on IWM are 1/
10th the size of options on the Russell 2000[supreg] Index (``RUT''),
which have a position limit of 50,000 contracts.\7\ Traders on NYSE
Arca who trade IWM options to hedge positions in RUT options would
likely find a position limit of 250,000 contracts in IWM options too
restrictive and insufficient to properly hedge. For example, if a
trader held 50,000 RUT options and wanted to hedge that position with
IWM options, the trader would need--at a minimum--500,000 IWM options
to properly hedge the position. Therefore, the Exchange believes that a
position limit of 250,000 contracts is too low and may adversely affect
market participants' ability to provide liquidity in this product.
---------------------------------------------------------------------------

    \7\ See NYSE Arca Rule 6.8 Commentary .06(b).
---------------------------------------------------------------------------

    As the Exchange also described in the proposal that established the
IWM Pilot, IWM options have grown to become one of the largest options
contracts in terms of trading volume. For example, through May 29, 2007
year-to-date industry volume in IWM options has averaged over 460,000
contracts per day, for a total of over 61 million contracts. In
contrast, QQQQ options, which have a position limit of 900,000
contracts, have averaged almost 575,000 contracts per day.
    The Exchange believes that maintaining the increased position and
exercise limits \8\ for IWM options will lead to a more liquid and
competitive market environment for IWM options that will benefit all
investors interested in trading this product. As a result, the Exchange
requests that the Commission extend the pilot for an additional six-
month time period, through January 18, 2008.
---------------------------------------------------------------------------

    \8\ Pursuant to Commentary .03 of NYSE Arca Rule 6.9, the
exercise limit established under Rule 6.9 for IWM options shall be
equivalent to the position limit prescribed for IWM options in
Commentary .06 under Rule 6.8. The increased exercise limits would
only be in effect during the pilot period, to run from July 22, 2007
through January 18, 2008.

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

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with and furthers the objectives of Section 6(b)(5) of the Act,\9\ in
that it is designed to promote just and equitable principles of trade,
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 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

    Because the forgoing rule change does not: (1) Significantly affect
the protection of investors or the public interest; (2) impose any
significant burden on competition; and (3) become operative for 30 days
after the date of this filing, or such shorter time as the Commission
may designate, it has become effective pursuant to Section 19(b)(3)(A)
of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\12\
However, Rule 19b-4(f)(6)(iii) \13\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because such waiver
would permit position and exercise limits for options on IWM to
continue at 500,000 option contracts for an approximately six-month
pilot period. For this reason, the Commission designates the proposed
rule change to be operative upon filing with the Commission.\14\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change, at least five business days prior to the date of filing
of the proposed rule change, or such shorter time as designated by
the Commission. The Exchange has satisfied the five-day pre-filing
notice requirement.
    \13\ Id.
    \14\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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-NYSEArca-2007-58 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2007-58. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of NYSE Arca. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2007-58 and should
be submitted on or before August 2, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-13506 Filed 7-11-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Notices]
[Page 70676]
[FR Doc No: 2016-24764]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-2725-000]

PSEG Energy Solutions LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
PSEG Energy Solutions LLC`s application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 25, 2016.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

    Dated: October 5, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-24764 Filed 10-12-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Notices]
[Pages 58274-58275]
[FR Doc No: 2017-26599]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for modification of special permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein. Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.

DATES: Comments must be received on or before December 26, 2017.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration U.S. Department of Transportation, Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on December 5, 2017.
Donald Burger,
Chief, General Approvals and Permits Branch.

----------------------------------------------------------------------------------------------------------------
                                                                   Regulation(s)         Nature of the special
    Application No.       Docket No.          Applicant               affected              permits thereof
----------------------------------------------------------------------------------------------------------------
                                              SPECIAL PERMITS DATA
----------------------------------------------------------------------------------------------------------------
7607-M................  ..............  THERMO FISHER          172.101(j), 173.306..  To modify the special
                                         SCIENTIFIC INC.                               permit to authorize new
                                                                                part numbers and
                                                                                improvements to the
                                                                                cylinders authorized in
                                                                                the permit. (Mode 5).
11323-M...............  ..............  SHARPSVILLE CONTAINER  173.302a(a)(1),        To modify the special
                                         CORPORATION.           173.304a(a)(1).        permit to authorize an
                                                                                additional stainless
                                                                                steel cylinder. (Modes
                                                                                1,2,3,4,5).
14313-M...............  ..............  AIRGAS USA LLC.......  172.203(a),            To modify the special
                                                                172.301(c),            permit to remove the
                                                                173.302a(b), 180.205.  requirement for an annual
                                                                                gain control linearity
                                                                                check and replace it with
                                                                                a one time certification
                                                                                from the manufacturer
                                                                                generated at the time of
                                                                                the system manufacture.
                                                                                (Modes 1,2,3,4,5).
15980-M...............  ..............  WINDWARD AVIATION INC  172.400, 172.200,      To modify the special
                                                                172.300, 173.27,       permit to authorize
                                                                175.33, 175.75.        additional Class 2.1, 3,
                                                                                and 8 hazmat. (Mode 4).
20418-M...............  ..............  CIMARRON COMPOSITES,   173.302(a)...........  To modify the special
                                         LLC.                                          permit to authorize an
                                                                                increase in bar pressure
                                                                                from 250 to 300, an
                                                                                increase in volume to
                                                                                3000 liters and authorize
                                                                                additional hazmat. (Modes
                                                                                1,2,3).
20441-M...............  ..............  SPACEFLIGHT, INC.....  173.185(a)...........  To modify the special
                                                                                permit from emergency to
                                                                                permanent. (Modes 1,4).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-26599 Filed 12-8-17; 8:45 am]
 BILLING CODE 4901-60-P


[Federal Register: July 25, 2008 (Volume 73, Number 144)]
[Notices]
[Page 43483]
[DOCID:fr25jy08-112]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at the Rialto Municipal Airport, Rialto, San Bernardino County, CA

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

ACTION: Notice of Request to Release Airport Property.

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SUMMARY: The FAA proposes to rule and invite public comment on the
release of land at the Rialto Municipal Airport under the provisions of
section 125 of the Wendell H. Ford Aviation Investment Reform Act for
the 21st Century (AIR 21).

DATES: Comments must be received on or before August 25, 2008.

ADDRESSES: Comments on this application may he mailed or delivered to
the FAA at the following address: Mr. Brian Armstrong, Manager, Federal
Aviation Administration, Los Angeles Airports District Office, LAX--
600, 15000 Aviation Blvd, Lawndale, CA 90261. In addition, one copy of
any comments submitted to the FAA must be mailed or delivered to
Richard Scanlan, Director of Aviation and Solid Waste Management, City
of Rialto, 150 Palm Avenue, Rialto, CA 92376.

FOR FURTHER INFORMATION CONTACT: Mr. Brian Armstrong, Manager, Federal
Aviation Administration, Los Angeles Airports District Office, LAX--
600, 15000 Aviation Blvd, Lawndale, CA 90261, Telephone: (310) 725-
3644, e-mail<EMAIL_ADDRESS>fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release property at the Rialto Municipal Airport under the
provisions of the AIR 21 and Section 4408 of Public Law 109-59. The
following is a brief overview of the request:
    The Congress of the United States adopted Section 4408 of Public
Law 109-59 on August 10, 2005. In part, Section 4408 specifically
states; ``Notwithstanding any law, regulation or grant assurance, but
subject to the requirements of this section, the United States shall
release all restrictions, conditions, and limitations on the use,
encumbrance, conveyance, or closure of the Rialto Municipal Airport, in
Rialto, California, to the extent such restrictions, conditions, and
limitations are enforceable by the United States.'' This legislation
authorized the closure of the Rialto Airport, the transfer of certain
assets of the Rialto Municipal Airport, the sale of the Rialto
Municipal Airport Properties by the City of Rialto and the distribution
of 45% of the fair market value of the local land sales proceeds to the
United States for the benefit of a commercial airport complying with
the criteria set forth in the legislation. This airport has been
identified as the San Bernardino International Airport owned and
operated by the San Bernardino International Airport Authority.
    The FAA is carrying out the direction of Congress. This notice
invites public comment on FAA's intent to rule on the request for
release for the Rialto Airport property in its totality. There will be
no further public notices published on this matter. However, the FAA
intends to process the release in incremental phases. Smaller parcels
will be released individually and the entire release will occur over
time. The purpose of processing the release, in this fashion, is to
allow for the early sale of parcels not currently used for aviation
purposes at the Rialto Municipal Airport. This incremental sale will
allow the Rialto Municipal Airport to remain open and functional as an
airport for a period of time while the proceeds from the early land
sales are used for the design and construction of certain general
aviation infrastructure and other aviation improvements on the San
Bernardino International Airport.
    Any person may inspect the request in person, by appointment, at
the FAA office listed above under FOR FURTHER INFORMATION CONTACT. In
addition, any person may, upon request, inspect the application, notice
and other documents relevant to the application in person, by
appointment, at the Rialto Municipal Airport, telephone number (909)
820-2622.

    Issued in Hawthorne, California, on July 1, 2008.
Mark McClardy,
Manager, Airports Division, AWP-600, Western Pacific Region.
[FR Doc. E8-17003 Filed 7-24-08; 8:45 am]

BILLING CODE 4910-13-M