[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Rules and Regulations]
[Pages 47557-47561]
[FR Doc No: 2021-18441]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0717; Project Identifier AD-2021-00814-R;
Amendment 39-21707; AD 2021-18-06]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-11-
03, which applied to certain Airbus Helicopters Model EC 155B, EC155B1,
SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters. AD 2021-11-03
required inspecting the main gearbox (MGB) fixed cowling front fitting
(MGB front fitting), and depending on findings, corrective action. This
AD retains the requirements of AD 2021-11-03, and includes service
information that was omitted for Airbus Helicopter Model EC 155B and
EC155B1 helicopters, as specified in a European Aviation Safety Agency
(now European Union Aviation Safety Agency) (EASA) AD, which is
incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD becomes effective September 10, 2021.
    The Director of the Federal Register approved the incorporation by
reference

of certain publications listed in this AD as of July 15, 2021 (86 FR
30759, June 10, 2021).
    The FAA must receive comments on this AD by October 12, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this material on the EASA website at
https://ad.easa.europa.eu. For Airbus Helicopters service information
identified in this final rule, contact Airbus Helicopters, 2701 North
Forum Drive, Grand Prairie, TX 75052; telephone<PHONE_NUMBER> or (800)
232-0323; fax<PHONE_NUMBER>; or at https://www.airbus.com/helicopters/services/technical-support.html. You may view this material at the FAA,
Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy.,
Room 6N-321, Fort Worth, TX 76177. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. Service information
also available in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0717.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0717; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA issued AD 2021-11-03, Amendment 39-21565 (86 FR 30759, June
10, 2021) (AD 2021-11-03), for certain Airbus Helicopters Model EC
155B, EC155B1, SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters.
AD 2021-11-03 required inspecting and if necessary, replacing the MGB
front fitting. AD 2021-11-03 also required modifying the MGB front
fitting. AD 2021-11-03 was prompted by EASA AD 2019-0008, dated January
22, 2019 (EASA AD 2019-0008), issued by EASA, which is the Technical
Agent for the Member States of the European Union, to correct an unsafe
condition for certain Airbus Helicopters (AH), formerly Eurocopter,
Eurocopter France, Aerospatiale, Model EC 155 B, EC 155 B1, SA 365 N,
SA 365 N1, AS 365 N2, and AS 365 N3 helicopters. EASA advises of
reports of an in-flight loss of engine and MGB cowlings. Subsequent
investigations revealed that the MGB cowling attachment fittings failed
because of mounting stress in the MGB front fitting and air intake
bulkhead. This condition, if not addressed, could result in damage to
the helicopter, loss of helicopter control, and possible injury to
persons on the ground.
    Accordingly, EASA AD 2019-0008 requires inspecting the MGB front
fittings and if there is a discrepancy, the EASA AD requires applicable
corrective action(s) before next flight. EASA AD 2019-0008 also
requires modification of the MGB fixed cowling attachments.
Accomplishing the modification constitutes a terminating action for the
required inspection.

Actions Since AD 2021-11-03 Was Issued

    Since AD 2021-11-03 was issued, the FAA discovered that paragraph
``(h) Exceptions to EASA AD 2019-0008'' of AD 2021-11-03, inadvertently
omitted service information required for Airbus Helicopters Model EC
155B and EC155B1 helicopters. This AD corrects subparagraph (h)(8) to
add Airbus Helicopters Alert Service Bulletin ASB No. 53A035, Revision
0, dated March 13, 2017, and ASB No. 53A035, Revision 1, dated December
20, 2018. This AD also updates the U.S. fleet size in the Costs of
Compliance section.

FAA's Determination

    These products have been approved by the aviation authority of
another country, and are approved for operation in the United States.
Pursuant to the bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the EASA
AD referenced above. The FAA is issuing this AD after evaluating all
the relevant information and determining the unsafe condition described
previously is likely to exist or develop in other products of these
same type designs.

Related IBR Material Under 1 CFR Part 51

    This AD requires EASA AD 2019-0008, dated January 22, 2019, which
the Director of the Federal Register approved for incorporation by
reference as of July 15, 2021 (86 FR 30759, June 10, 2021). EASA AD
2019-0008 requires inspecting the MGB front fittings within 110 flight
hours after April 14, 2017 (the effective date of EASA AD 2017-0055,
dated March 31, 2017). If there is a discrepancy, the EASA AD requires
applicable corrective action(s) before next flight. EASA AD 2019-0008
also requires modification of the MGB fixed cowling attachments within
660 flight hours or 23 months, whichever occurs first, after the
effective date described in EASA AD 2019-0008. Accomplishing the
modification constitutes a terminating action for the required
inspection.
    This AD also requires Airbus Helicopters Alert Service Bulletin ASB
No. AS365-53.00.62 and ASB No. EC155-53A038, each Revision 0 and dated
December 20, 2018 (ASB AS365-53.00.62 and ASB EC155-53A038). ASB AS365-
53.00.62 applies to Model AS365-series helicopters. ASB EC155-53A038
applies to Model EC155-series helicopters. The Director of the Federal
Register also approved this service information for incorporation by
reference as of July 15, 2021 (86 FR 30759, June 10, 2021). This
service information specifies replacing the front bracket, inspecting
for stress of the MGB fixed cowlings on the radiator bulkhead, and
installing an additional locking system.
    This material 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.

AD Requirements

    This AD requires accomplishing the actions specified in EASA AD
2019-0008 and the service information already described, except for any
differences identified as exceptions in the regulatory text of this AD.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    AD 2021-11-03 omitted service information required for compliance
for certain Model EC 155B and EC155B1 helicopters. This AD corrects
that error by including Airbus Helicopters Alert Service Bulletin ASB
No. 53A035, Revision 0, dated March 13, 2017, and ASB No. 53A035,
Revision 1, dated December 20, 2018 in the regulatory text. The public
was previously provided opportunity for comment on the costs of the AD
and required actions.
    Accordingly, notice and opportunity for prior public comment are
unnecessary pursuant to 5 U.S.C. 553(b)(3)(B). In addition, the FAA
finds that good cause exists pursuant to 5 U.S.C. 553(d) for making
this amendment effective in less than 30 days, for the same reasons the
FAA found good cause to forego notice and comment.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA is incorporating EASA AD 2019-0008 by reference in this FAA final
rule. This AD, therefore, requires compliance with EASA AD 2019-0008 in
its entirety through that incorporation, except for any differences
identified as exceptions in the regulatory text of this AD. Using
common terms that are the same as the heading of a particular section
in EASA AD 2019-0008 does not mean that operators need comply only with
that section. For example, where the AD requirement refers to ``all
required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in EASA AD 2019-0008. Service information
required by EASA AD 2019-0008 for compliance is available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0717.

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0717; Project Identifier AD-
2021-00814-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the AD, explain the reason for
any recommended change, and include supporting data. The FAA will
consider all comments received by the closing date and may amend this
AD because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Andrea
Jimenez, Aerospace Engineer, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email<EMAIL_ADDRESS>Any commentary that the FAA
receives that is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 53 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates that operators may incur the following
costs in order to comply with this AD.
    Inspecting the MGB front fittings takes about 2 work-hours for an
estimated cost of $170 per helicopter and $9,010 for the U.S. fleet. If
required, replacing an MGB front fitting takes about 2 work-hours and
parts cost about $590 for an estimated total cost of $760 per fitting.
Other repairs will take up to 8 work-hours (excluding drying time) and
parts will cost a minimal amount for an estimated cost of up to $680
per helicopter.
    Modifying the MGB fixed cowling attachments takes about 5 work-
hours and parts cost about $630 for an estimated cost of $1,055 per
helicopter and $55,915 for the U.S. fleet.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA 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 this regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2021-11-03, Amendment 39-21565 (86
FR 30759, June 10, 2021); and
0
b. Adding the following new airworthiness directive:

2021-18-06 Airbus Helicopters: Amendment 39-21707; Docket No. FAA-
2021-0717; Project Identifier AD-2021-00814-R.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September
10, 2021.

(b) Affected ADs

    This AD replaces AD 2021-11-03, Amendment 39-21565 (86 FR 30759,
June 10, 2021) (AD 2021-11-03).

(c) Applicability

    This AD applies to Airbus Helicopters Model EC 155B, EC155B1,
SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters, certificated
in any category, as identified in European Aviation Safety Agency
(now European Union Aviation Safety Agency) (EASA) AD 2019-0008,
dated January 22, 2019 (EASA AD 2019-0008).

(d) Subject

    Joint Aircraft System Component (JASC) Code: 7110, Engine
Cowling System.

(e) Unsafe Condition

    This AD was prompted by a report of an in-flight loss of main
gearbox (MGB) and engine cowlings. The FAA is issuing this AD to
address a failure of the MGB fixed cowling front fitting, and
subsequent MGB cowling or engine cowling detachment, which could
result in damage to the helicopter, loss of helicopter control, and
possible injury to persons on the ground.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2019-0008.

(h) Exceptions to EASA AD 2019-0008

    (1) Where EASA AD 2019-0008 refers to April 14, 2017 (the
effective date of EASA AD 2017-0055, dated March 31, 2017), this AD
requires using the effective date of this AD.
    (2) Where EASA AD 2019-0008 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) Where EASA AD 2019-0008 refers to flight hours (FH), this AD
requires using hours time-in-service.
    (4) Where EASA AD 2019-0008 requires the modification within 660
flight hours or 23 months, whichever occurs first, this AD requires
the modification within 660 hours time-in-service instead.
    (5) Although the service information referenced in EASA AD 2019-
0008 specifies to discard certain parts, this AD requires removing
those parts from service instead.
    (6) Where the service information referenced in EASA AD 2019-
0008 specifies to use tooling, equivalent tooling may be used.
    (7) The ``Remarks'' section of EASA AD 2019-0008 does not apply
to this AD.
    (8) Where paragraph (1) of EASA AD 2019-0008 states to,
``inspect the MGB fixed cowling front fittings in accordance with
the instructions of paragraph 1.E.2 of the applicable inspection ASB
or in accordance with the instructions of the applicable
modification ASB,'' this AD requires:
    (i) For Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3
helicopters: determining if Airbus Helicopters Alert Service
Bulletin No. 53.00.55, Revision 0, dated March 13, 2017, or Revision
1, dated December 20, 2018, has or has not been complied with and
following the instructions, ``For helicopters on which ALERT SERVICE
BULLETIN No. 53.00.55 has not been complied with'' or ``For
helicopters on which ALERT SERVICE BULLETIN No. 53.00.55 has been
complied with,'' as applicable, in paragraph 1.E.2, of Airbus
Helicopters Alert Service Bulletin No. AS365-53.00.62 Revision 0,
dated December 20, 2018 (ASB AS365-53.00.62).
    (ii) For Model EC 155B and EC155B1 helicopters: determining if
Airbus Helicopters Alert Service Bulletin No. 53A035, Revision 0,
dated March 13, 2017, or Revision 1, dated December 20, 2018, has or
has not been complied with and following the instructions, ``For
helicopters on which ALERT SERVICE BULLETIN No. 53A035 has not been
complied with'' or ``For helicopters on which ALERT SERVICE BULLETIN
No. 53A035 has been complied with,'' as applicable, in paragraph
1.E.2, of Airbus Helicopters Alert Service Bulletin No. EC155-
53A038, Revision 0, dated December 20, 2018 (ASB EC155-53A038).
    (9) Where paragraph (2) of EASA AD 2019-0008 states to,
``accomplish the applicable corrective action(s) in accordance with
paragraph 1.E.2 of the applicable inspection ASB or in accordance
with the instructions of the applicable modification ASB,'' this AD
requires accomplishing the applicable corrective actions by
following ASB AS365-53.00.62 or ASB EC155-53A038, as applicable to
your model helicopter.
    (10) Where paragraph 3.B.2.e.3 of the applicable modification
ASB referenced in EASA AD 2019-0008 refers to paragraph 3.B.e.3,
this AD requires referring to paragraph 3.B.3 of ASB AS365-53.00.62
or ASB EC155-53A038, as applicable to your model helicopter.

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and
21.199, are not allowed.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k) of
this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) 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.

(k) Related Information

    For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
July 15, 2021 (86 FR 30759, June 10, 2021).
    (i) European Aviation Safety Agency (EASA) AD 2019-0008, dated
January 22, 2019.
    (ii) Airbus Helicopters Alert Service Bulletin ASB No. AS365-
53.00.62, Revision 0, dated December 20, 2018.
    (iii) Airbus Helicopters Alert Service Bulletin ASB No. EC155-
53A038, Revision 0, dated December 20, 2018.
    (3) For EASA AD 2019-0008, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999

000; email<EMAIL_ADDRESS>internet www.easa.europa.eu. You may
find this EASA AD on the EASA website at https://ad.easa.europa.eu.
For Airbus Helicopters service information identified in this AD,
contact Airbus Helicopters, 2701 North Forum Drive, Grand Prairie,
TX 75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax (972) 641-
3775; or at https://www.airbus.com/helicopters/services/technical-support.html.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0717.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 23, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-18441 Filed 8-24-21; 11:15 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Rules and Regulations]
[Pages 20242-20245]
[FR Doc No: 2019-09521]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0703; Product Identifier 2018-NM-007-AD; Amendment
39-19630; AD 2019-08-09]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 747-8 and 747-8F series airplanes. This AD was
prompted by reports of damaged vapor seals, block seals, and heat
shield seals on the outboard pylons between the engine strut and aft
fairing. This AD requires installing new aft fairing vapor seals,
heatshield seals, heatshield seal retainers, block seals, and outboard
lateral restraint access panels. We are issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective June 13, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 13,
2019.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0703.

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-2018-
0703; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Christopher Baker, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
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 The Boeing Company
Model 747-8 and 747-8F series airplanes. The NPRM published in the
Federal Register on August 3, 2018 (83 FR 38096). The NPRM was prompted
by reports of damaged vapor seals, block seals, and heat shield seals
on the outboard pylons between the engine strut and aft fairing. The
NPRM proposed to require installing new aft fairing vapor seals,
heatshield seals, heatshield seal retainers, block seals, and outboard
lateral restraint access panels.
    We are issuing this AD to address heat damage to the vapor seals
between the engine strut and aft fairing. Such damage could allow
flammable fluid leakage out of the aft fairing, which could result in
an uncontrolled fire in the engine strut.

Comments

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

Request To Review Airplane Maintenance Records in Lieu of an Inspection

    United Parcel Service (UPS) requested that operators be allowed to
perform a records review to determine if the affected part number is
installed in lieu of performing an inspection. UPS stated that the
records review will provide an equivalent level of safety. UPS stated
that in accordance with paragraph (g)(2) of the proposed AD, it would
be required to inspect all Model 747-8F airplanes within 4 years or
4,800 flight cycles after the AD effective date, whichever occurs
first.
    We agree with the commenter's request that a review of the airplane
maintenance records is acceptable in lieu of an inspection if the part
number of the part can be conclusively determined from that review. We
have revised paragraph (g)(2) of this AD accordingly.

Request To Revise the Line Numbers in the Applicability Paragraph

    Boeing requested we revise the proposed AD to address airplanes
only specified in Boeing Alert Service Bulletin 747-54A2247, dated
August 3, 2017, line numbers (L/Ns) 1420 through 1540, instead of all
747-8 and 747-8F series airplanes as specified in paragraph (c),
``Applicability,'' of the proposed AD.
    Boeing stated that airplanes not identified in Boeing Alert Service
Bulletin 747-54A2247, dated August 3, 2017, L/Ns 1541 and on, were
built and delivered from the Boeing factory with the correct parts.
Boeing commented that the factory utilizes the approved Boeing
Production System to maintain configuration control of the airplanes
through delivery, and that the remainder of the Model 747-8 fleet is
covered by Boeing Alert Service Bulletin 747-54A2247, dated August 3,
2017.
    We disagree with the commenter's request. As we stated in the
``Differences Between this Proposed AD and the Service Information'' of
the NPRM, the applicability in this AD does not refer to paragraph l.
A., ``Effectivity,'' of Boeing Alert Service Bulletin 747-54A2247,
dated August 3, 2017. The service information does not contain a
comprehensive list of the airplanes affected by the identified unsafe
condition because the spare parts identified in paragraph (j) of this
AD have been determined to be rotable parts that are capable of being
installed on all Model 747-8 and 747-8F series airplanes. Therefore,
the applicability of this AD is all Model 747-8 and 747-8F series
airplanes.
    Additionally, there is the potential for previously delivered Model
747-8 and 747-8F airplanes having the affected spare parts installed
during a repair of the aft fairing. Delivered airplanes with line
numbers 1541 and on could have been exposed to the affected parts
between delivery and as of the effective

date of this AD, which is why operators can either review airplane
maintenance records to confirm whether the subject parts are not
installed, or perform an inspection of the parts on the airplanes.
    We have been informed by operators that the practice of rotating
interchangeable parts among airplanes is widespread and even a key part
of their operations. In the absence of an AD or airworthiness
limitation (AWL) that restricts the installation of the affected parts,
we cannot be assured that the unsafe condition will not be introduced
to Model 747-8 and 747-8F airplanes that are not identified in Boeing
Alert Service Bulletin 747-54A2247, dated August 3, 2017. In addition,
we cannot rely solely on the Boeing Production System to maintain
configuration control of these airplanes until the AD has been
published. In order to eliminate the unsafe condition, we must address
all of the potentially exposed airplanes. We have not changed this AD
in this regard.

Request To Remove the Parts Installation Prohibition Paragraph

    Boeing requested that we remove the ``Parts Installation
Prohibition'' paragraph in the proposed AD. Boeing stated that some of
the parts listed in paragraph (j), ``Parts Installation Prohibition,''
remain in use on all Model 747-8 airplanes and therefore cannot be
prohibited.
    Boeing also commented that, regarding the seals, rotation of these
parts from one airplane to another is not feasible due to their
location and the effort required, as the aft fairings must be removed
and reinstalled to gain access to the seals. In addition, Boeing stated
that the lateral restraint access panels were revised to include an
integral air scoop on one side, and if a panel is inadvertently
installed in an incorrect location, the seal system would still operate
with an acceptable level of safety.
    We partially agree with the commenter's request. We agree the vapor
seal-outboard aft fairing, part number (P/N) 323U8452-3, is a part that
could be used as a part of the service information modification.
Therefore, we have revised the ``Parts Installation Prohibition/
Limitation'' paragraph in this AD to specify that no person may install
a vapor seal with P/N 323U8452-3, on any airplane, unless it is a new
vapor seal that has been installed as specified in the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-54A2247, dated August
3, 2017.
    We disagree with removing any other part numbers as they are
subject to the heat damage that leads to the unsafe condition. However,
we have revised the compliance time specified in paragraph (j) of this
AD by removing ``as of the effective date of this AD'' and replacing it
with either ``as of the determination that no affected part is
installed'' or ``after accomplishing the required actions specified in
paragraph (g) of this AD'', depending on whether the actions in the
service information specified in paragraph (g) of this AD must be done.
    In addition, for clarity, we revised paragraph (g)(2) of this AD by
listing the affected part numbers instead of referring to paragraph (j)
of this AD for the part numbers.

Request To Clarify the Requirements of the Parts Installation
Prohibition Paragraph

    Cathay Pacific Airways Limited (Cathay) requested clarification of
the requirements in the ``Parts Installation Prohibition'' paragraph of
the proposed AD. Cathay stated that the paragraph should only be
applicable to airplanes that have been modified in accordance with
Boeing Alert Service Bulletin 747-54A2247, dated August 3, 2017,
instead of being applicable to any airplane modified as of the
effective date of the AD. Cathay stated that if the intention is indeed
for any airplane, then it asked the FAA to clarify the following:
     Whether the intent of the proposed AD is to fulfill this
paragraph requirement as of the compliance time of the proposed AD
instead of as of the effective date of this proposed AD;
     Whether this paragraph affects the already installed parts
or only the new parts to be installed in accordance with Boeing Alert
Service Bulletin 747-54A2247, dated August 3, 2017. Cathay stated that
on the effective date of the proposed AD, some of the airplanes are
still in pre-mod configuration and are installing the pre-mod parts;
     Whether after the effective date of the proposed AD, do
operators need to accomplish Boeing Alert Service Bulletin 747-54A2247,
dated August 3, 2017, immediately and install the post-modification
parts if the related parts are found damaged at line maintenance as a
non-routine findings; and
     Whether after the effective date of the proposed AD, do
operators need to accomplish Boeing Alert Service Bulletin 747-54A2247,
dated August 3, 2017, immediately and install the post-modification
parts if the related parts are found damaged during the Boeing Alert
Service Bulletin 747-54A2246, dated February 5, 2016, inspections.
    We agree to provide clarification for the commenter. Paragraph
(g)(1) of this AD requires operators to complete the requirements in
accordance with the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-54A2247, dated August 3, 2017, within 4 years or 4,800
flight cycles after the effective date of this AD. Paragraph (g)(2) of
this AD requires operators to determine if any affected part is
installed and if so, to complete the applicable replacement in
accordance with the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-54A2247, dated August 3, 2017, within 4 years or 4,800
flight cycles after the effective date of this AD.
    Within that time period, operators of airplanes that have any
affected parts may use the existing/pre-modification parts that are
subject to the repetitive inspections of AD 2017-04-13, Amendment 39-
18808 (82 FR 11795, February 27, 2017) (``AD 2017-04-13''). If it is
discovered during line maintenance that the subject parts are damaged,
the operator has the option to replace the parts that are damaged using
either Boeing Alert Service Bulletin 747-54A2247, dated August 3, 2017,
or Boeing Alert Service Bulletin 747-54A2246, dated February 5, 2016.
Thus, operators are able to continue to conduct the repetitive
inspections as well as accomplish the repairs using Boeing Alert
Service Bulletin 747-54A2246, dated February 5, 2016, while using the
older parts, for up to 4 years or 4,800 flight cycles from the
effective date of this AD.
    However, operators are required to accomplish Boeing Alert Service
Bulletin 747-54A2247, dated August 3, 2017, within the same compliance
time specified in this AD. The FAA encourages operators to install the
newer parts to eliminate the unsafe condition and terminate the
inspections required by AD 2017-04-13.
    For airplanes that do not have any affected parts, we have
determined that in order to address the unsafe condition, we cannot
allow that condition to be introduced into additional airplanes in the
fleet. Therefore, paragraph (j)(1) of this AD is applicable to those
airplanes and the prohibition and limitation specified in paragraphs
(j)(1)(i) and (j)(1)(ii) of this AD must be complied with as of the
determination that no affected part is installed.
    Paragraph (j)(2) of this AD is only applicable to the airplanes
that have incorporated the actions specified in Boeing Alert Service
Bulletin 747-54A2247, dated August 3, 2017. Once an operator
incorporates the new parts in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-54A2247, dated August
3, 2017, operators must comply with the

prohibition and limitation specified in paragraphs (j)(2)(i) and
(j)(2)(ii) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule 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 for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 747-54A2247, dated August
3, 2017. This service information describes procedures for installing
new aft fairing vapor seals, heatshield seals, heatshield seal
retainers, block seals, and outboard lateral restraint access panels.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 13 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Installation of vapor seals,            136 work-hours x $85 per         $21,910         $33,470        $435,110
 heatshield seals, heatshield seal       hour = $11,560.
 retainers, block seals, and outboard
 lateral restraint access panels.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all available costs in our
cost estimate.

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2019-08-09 The Boeing Company: Amendment 39-19630; Docket No. FAA-
2018-0703; Product Identifier 2018-NM-007-AD.

(a) Effective Date

    This AD is effective June 13, 2019.

(b) Affected ADs

    This AD affects AD 2017-04-13, Amendment 39-18808 (82 FR 11795,
February 27, 2017) (``AD 2017-04-13'').

(c) Applicability

    This AD applies to all The Boeing Company Model 747-8 and 747-8F
series airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
pylons.

(e) Unsafe Condition

    This AD was prompted by reports of damaged vapor seals, block
seals, and heat shield seals on the outboard pylons between the
engine strut and aft fairing. We are issuing this AD to address heat
damage to the vapor seals between the engine strut and aft fairing.
Such damage could allow flammable fluid leakage out of the aft
fairing, which could result in an uncontrolled fire in the engine
strut.

(f) Compliance

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

(g) Required Actions

    (1) For airplanes identified in Boeing Alert Service Bulletin
747-54A2247, dated August 3, 2017: Except as required by paragraph
(h) of this AD, at the applicable times specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-54A2247, dated
August 3, 2017, do all applicable actions identified as ``RC''
(required for compliance) in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
54A2247, dated August 3, 2017.
    (2) For airplanes not identified in Boeing Alert Service
Bulletin 747-54A2247, dated August 3, 2017: Within 4 years or 4,800
flight cycles after the effective date of this AD, whichever occurs
first, inspect to determine if any part number identified in
paragraphs (g)(2)(i) through (g)(2)(v) of this AD is installed. If
any part number specified in paragraphs (g)(2)(i) through (g)(2)(v)
of this AD is installed, within 4 years or 4,800 flight cycles after
the effective date of this AD, whichever occurs first, replace the
part with a part number that is identified as an acceptable
replacement in Boeing Alert Service Bulletin 747-54A2247, dated
August 3, 2017. A review of airplane maintenance records is
acceptable in lieu of this inspection if the part numbers specified
in paragraphs (g)(2)(i) through (g)(2)(v) of this AD can be
conclusively determined from that review.
    (i) An access panel lateral restraint with part number (P/N)
321U8595-1, 321U8595-2, 321U8595-3, or 321U8595-4.
    (ii) A block seal with P/N 323U8452-2.
    (iii) A vapor seal with P/N 323U8452-3.
    (iv) A heatshield seal with P/N 323U8852-1.
    (v) A heatshield seal retainer P/N 323U8852-2.

(h) Exceptions to Service Information Specifications

    For purposes of determining compliance with the requirements of
this AD: Where Boeing Alert Service Bulletin 747-54A2247, dated
August 3, 2017, uses the phrase ``the original issue date of this
service bulletin,'' this AD requires using ``the effective date of
this AD.''

(i) Terminating Action for Repetitive Inspections

    Accomplishing the actions specified in paragraphs (g)(1) or
(g)(2) of this AD, as applicable, terminates all requirements of AD
2017-04-13.

(j) Parts Installation Prohibition/Limitation

    (1) For airplanes identified in paragraph (g)(2) of this AD on
which no part specified in paragraphs (g)(2)(i) through (g)(2)(v) of
this AD is found installed: As of the determination that no part
specified in paragraphs (g)(2)(i) through (g)(2)(v) of this AD is
installed, comply with the prohibition and limitation specified in
paragraphs (j)(1)(i) and (j)(1)(ii) of this AD.
    (i) Do not install an access panel lateral restraint with part
numbers (P/Ns) 321U8595-1, 321U8595-2, 321U8595-3 and 321U8595-4; a
block seal with P/N 323U8452-2; a heatshield seal with P/N 323U8852-
1; and a heatshield seal retainer P/N 323U8852-2; on any airplane.
    (ii) Do not install a vapor seal with P/N 323U8452-3, on any
airplane, unless it is a new vapor seal that is installed as
specified in the Accomplishment Instructions Boeing Alert Service
Bulletin 747-54A2247, dated August 3, 2017.
    (2) For airplanes other than those identified in paragraph
(j)(1) of this AD: After accomplishing the required actions
specified in paragraph (g) of this AD, comply with the prohibition
and limitation specified in paragraphs (j)(2)(i) and (j)(2)(ii) of
this AD:
    (i) Do not install an access panel lateral restraint with P/Ns
321U8595-1, 321U8595-2, 321U8595-3, and 321U8595-4; a block seal
with P/N 323U8452-2; a heatshield seal with P/N 323U8852-1; and a
heatshield seal retainer P/N 323U8852-2; on any airplane.
    (ii) Do not install a vapor seal with P/N 323U8452-3, on any
airplane, unless it is a new vapor seal that is installed as
specified in the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-54A2247, dated August 3, 2017.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (l) of this AD. Information may be
emailed to<EMAIL_ADDRESS>    (2) 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO Branch, FAA, to make those findings. To be
approved, the repair method, modification deviation, or alteration
deviation must meet the certification basis of the airplane, and the
approval must specifically refer to this AD.
    (4) Except as required by paragraph (h) of this AD: For service
information that contains steps that are labeled as RC, the
provisions of paragraphs (k)(4)(i) and (k)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled 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 RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(l) Related Information

    For more information about this AD, contact Christopher Baker,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3552; email<EMAIL_ADDRESS>
 (m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 747-54A2247, dated August 3,
2017.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (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 Des Moines, Washington, on April 25, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-09521 Filed 5-8-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Pages 11256-11259]
[FR Doc No: 2018-05075]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82829; File No. SR-FINRA-2018-012]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating To Eliminate the Fee for an Explained
Decision

March 8, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 21, 2018, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as ``establishing or changing a
due, fee or other charge'' under Section 19(b)(3)(A)(ii) of the Act \3\
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal
effective upon receipt of this filing by the Commission. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    FINRA is proposing to amend FINRA Rules 12214(e)(1) and 12904(g)(5)
of the Code of Arbitration Procedure for Customer Disputes (``Customer
Code'') and FINRA Rules 13214(e)(1) and 13904(g)(5) of the Code of
Arbitration Procedure for Industry Disputes (``Industry Code'')
(together, ``Codes'') to eliminate the $400 fee for an explained
decision.
    Below is the text of the proposed rule change. Proposed new
language is in italics; proposed deletions are in brackets.
* * * * *

12214. Payment of Arbitrators

    (a)-(d) No change.
    (e) Payment for Explained Decisions
    (1) The chairperson who is responsible for writing an explained
decision pursuant to Rule 12904(g) will receive an additional
honorarium of $400. [The panel will allocate the cost of the honorarium
under Rule 12904(g) to the parties.]

    (2) No change.

12904. Awards

    (a)-(f) No change.
    (g) Explained Decisions
    (1)-(4) No change.
    (5) The chairperson will receive an additional honorarium of $400
for writing the explained decision, as required by this paragraph (g).
[The panel will allocate the cost of the chairperson's honorarium to
the parties as part of the final award.]
    (6) No change.
    (h)-(j) No change.

13214. Payment of Arbitrators

    (a)-(d) No change.
    (e) Payment for Explained Decisions
    (1) The chairperson who is responsible for writing an explained
decision pursuant to Rule 13904(g) will receive an additional
honorarium of $400. [The panel will allocate the cost of the honorarium
under Rule 13904(g) to the parties.]
    (2) No change.

13904. Awards

    (a)-(f) No change.
    (g) Explained Decisions
    (1)-(4) No change.
    (5) The chairperson will receive an additional honorarium of $400
for writing the explained decision, as required by this paragraph (g).
[The panel will allocate the cost of the chairperson's honorarium to
the parties as part of the final award.]
    (6) No change.
    (h)-(j) No change.
* * * * *

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

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

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

1. Purpose
    In 2009, the Commission approved amendments to the Codes that
required arbitrators to provide an explained decision at the parties'
joint request.\5\ An explained decision is a fact-based award stating
the general reasons for the arbitrators' decision; it is not required
to include legal authorities or damage calculations.\6\ The chairperson
of the panel is responsible for drafting the explained decision and
receives an additional $400 honorarium for doing so.\7\ Under the
Codes, the arbitrators allocate the $400 cost to the parties as part of
the award.\8\ FINRA began waiving the $400 fee for an explained
decision as of January 2017.\9\ In order to remove a potential obstacle
to parties requesting an explained decision, FINRA is proposing to
eliminate the $400 fee for an explained decision. FINRA will continue
to pay the $400 honorarium to the chairperson.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 59358 (Feb. 4,
2009), 74 FR 6,928 (Feb. 11, 2009) (Approval Order for SR-FINRA
2008-51).
    \6\ See FINRA Rules 12904(g)(2) and 13904(g)(2).
    \7\ See FINRA Rules 12904(g)(4) and 12904(g)(5); see also FINRA
Rules 13904(g)(4) and 13904(g)(5).
    \8\ See FINRA Rules 12214(e)(1) and 12904(g)(5); see also FINRA
Rules 13214(e)(1) and 13904(g)(5).
    \9\ Pursuant to FINRA Rules 12408 and 13412 (Director's
Discretionary Authority), FINRA began waiving the $400 fee for an
explained decision beginning on January 3, 2017. From January 3,
2017 through February 14, 2018, there have been two joint requests
for explained decisions.
---------------------------------------------------------------------------

    The proposed rule change would amend FINRA Rules 12214(e)(1) and
13214(e)(1) (Payment of Arbitrators) and FINRA Rules 12904(g)(5) and
13904(g)(5) (Explained Decisions) to remove the provision that gives
arbitrators express authority to allocate the $400 fee to the parties
for an explained decision. By proposing to remove this provision, if
parties jointly request an explained decision, the chairperson drafting
the decision would receive $400 as currently provided in the rules;
\10\ the fee, however, would not be assessed to the parties. FINRA
believes the proposed rule change would remove a potential barrier to
parties making joint requests for explained decisions.\11\
---------------------------------------------------------------------------

    \10\ Since the explained decision amendments went into effect in
2009 until the end of 2016, parties have made 40 joint requests for
explained decisions. Of the 40 requests, there have been 32
explained decisions issued; explained decisions were not issued for
the remaining eight requests because either the cases settled or
closed by other means. Parties also made two joint requests from
January 3, 2017 through February 14, 2018.
    \11\ See supra note 10.
---------------------------------------------------------------------------

    As noted in Item 2 of this filing, FINRA has filed the proposed
rule change for immediate effectiveness. The operative date will be
February 21, 2018.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(5) of the Act,\12\ which requires, among
other things, that FINRA rules provide for the equitable allocation of
reasonable dues, fees and other charges among members and issuers and
other persons using any facility or system that FINRA operates or
controls. FINRA believes that the elimination of the fee will decrease
its revenue by a de minimis amount because currently there are few
explained decisions: over the past year, eliminating the fee would have
decreased FINRA's program revenues by $800.\13\ Moreover, not charging
for explained decisions removes a potential obstacle to explained
decisions, promoting transparency of decisions.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78o-3(b)(5).
    \13\ Since 2009, there have been approximately four joint
requests for explained decisions on average per year.
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. A discussion of the economic
impacts of the proposed amendments follows.
(a) Need for the Rule
    FINRA began waiving the $400 fee for an explained decision as of
January 2017. The proposal codifies and thereby makes permanent the
elimination of the explained decision fee.
(b) Economic Baseline
    The economic baseline for the proposal includes the current rules
under the Codes that address the allocation of fees by arbitrators. The
economic baseline for the proposal also includes the current practice
of FINRA waiving the explained decision fee. The proposal is expected
to affect parties to an arbitration including customers, member firms,
and associated persons.
    Parties must make a joint request for an explained decision prior
to the first scheduled hearing. Parties can benefit from an explained
decision through a better understanding of the arbitrators' rationale
for the award decision. An explained decision, however, could increase
the time to resolution by providing parties with an additional basis to
file a motion to vacate.\14\ An explained decision could also result in
the public disclosure of information describing the potential
wrongdoing of

a member firm or an associated person. This may cause a negative
reputational effect and could lead to additional claims against the
member firm or the associated person and a loss of business.\15\
---------------------------------------------------------------------------

    \14\ Since 2009, there were seven motions to vacate out of 32
awards that included an explained decision. Three of the motions to
vacate relate to industry cases, and four of the motions to vacate
relate to cases with customers as claimants.
    \15\ Among the 32 cases with an explained decision issued since
2009, approximately two-thirds resulted in a monetary award in favor
of the claimants, and therefore could have resulted in additional
negative disclosure of wrongdoing by industry parties as
respondents. Explained decisions in intra-industry arbitration cases
could result in additional negative disclosure of wrongdoing by
either industry party.
---------------------------------------------------------------------------

    In order for parties to agree to a joint request, both parties
would need to determine that the benefits of an explained decision are
greater than its costs. In general, joint requests for an explained
decision have been few. Since the explained decision rule became
effective in 2009 until the end of 2016, there have been 40 joint
requests for explained decisions with 32 explained decisions issued.
There have been two additional joint requests after FINRA began waiving
the explained decision fee in January 2017.\16\ Together, this evidence
suggests that non-monetary costs of an explained decision are more
important determinants to making a joint request. Otherwise, the
waiving of the fee would have resulted in a relative increase in the
number of joint requests.
---------------------------------------------------------------------------

    \16\ Over 7,600 cases have been filed and closed by hearing or
by papers since the beginning of 2009.
---------------------------------------------------------------------------

    FINRA began waiving the explained decision fee in January 2017.
Parties, however, could again be subject to a fee if FINRA were to
decide to no longer waive the fee. The potential that FINRA may no
longer waive the explained decision fee could be a constraint and
thereby reduce the number of parties that make a joint request.
(c) Economic Impact
    The primary benefit of the proposal is the permanent removal of the
fee that could be a barrier to jointly requesting an explained
decision. To the extent that a potential fee is a constraint, its
removal from the Codes could increase the number of joint requests made
by parties. The parties that would be more likely to file a joint
request are the parties for which the benefits of an explained decision
are greater than its costs not including the potential fee. Other than
the permanent elimination of the fee, the benefits and costs of an
explained decision would remain the same.
    Whether the proposed rule change would result in any additional
requests for an explained decision could be dependent on whether the
fee is a factor in their decision to make a joint request. As noted
above, few parties jointly requested an explained decision prior to
FINRA waiving the fee, and there have been only two joint requests for
an explained decision since the waiver. This evidence suggests that
non-monetary costs, other than the $400 fee, are more significant
determinants of whether parties make a joint request. The removal of
the fee from the Codes, therefore, is likely to have little effect on
the frequency of requests made. The benefits and costs of the proposal
are therefore also likely to be negligible.
(d) Alternatives Considered
    A plausible alternative to the proposed amendments is an explained
decision fee that is greater than zero but less than the $400 currently
stated in the Codes. Similar to the current proposed amendments, this
alternative would permanently establish the fee amount if parties
jointly request an explained decision. A fee greater than zero but less
than $400, however, would increase the costs to parties relative to the
current proposal that seeks to eliminate the fee, thereby potentially
reducing their incentives to make a joint request. As discussed above,
the evidence suggests that the other potential costs of an explained
decision are more significant determinants of whether parties make a
joint request. This alternative, therefore, would increase the costs to
parties that make a joint request but would have little effect on the
frequency of requests made.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \17\ and paragraph (f)(2) of Rule 19b-4
thereunder.\18\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act. If
the Commission takes such action, the Commission shall institute
proceedings to determine whether the proposed rule should be approved
or disapproved.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-FINRA-2018-012 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2018-012. 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 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of FINRA. All comments received will be
posted without change. 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-
FINRA-2018-012 and should be submitted on or before April 4, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-05075 Filed 3-13-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Rules and Regulations]
[Pages 46887-46889]
[FR Doc No: 2019-19071]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0332; FRL-9998-89-Region 7]

Approval of Iowa and Nebraska Air Quality Implementation Plans;
Infrastructure SIP Requirements for the 2012 Annual Fine Particulate
Matter (PM2.5) National Ambient Air Quality Standard Interstate
Transport

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of State Implementation Plan (SIP) submissions from Iowa
Department of Natural Resources (IDNR) and Nebraska Department of
Environmental Quality (NDEQ) for the 2012 Annual Fine Particulate
Matter (PM2.5) National Ambient Air Quality Standard
(NAAQS). The Clean Air Act (CAA) requires that each state adopt and
submit a SIP that provides for the implementation, maintenance, and
enforcement of each NAAQS promulgated by the EPA, commonly referred to
as ``infrastructure'' SIPs. In this action the EPA is taking final
action to approve the interstate transportation obligations of the
State's 2012 PM2.5 NAAQS infrastructure SIP submittals.

DATES: This final rule is effective on October 7, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2019-0332. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number<PHONE_NUMBER>, email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP submission been met?
III. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    This final rulemaking approves certain elements of the
infrastructure SIP submissions from Iowa received on December 22, 2015,
and from Nebraska received on February 22, 2016. Specifically, the EPA
is approving the following elements of section

110(a)(2)(D)(i)(I)--significant contribution to nonattainment (prong
1), and interfering with maintenance of the NAAQS (prong 2). The
background for this action is discussed in detail in EPA's proposed
rulemaking published in the Federal Register on June 26, 2019 (84 FR
30062).

II. Have the requirements for approval of a SIP submission been met?

    The state's submissions have met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The state of Iowa
held a 30-day comment period, and a public hearing on November 16,
2015. No oral or written comments were received. The state of Nebraska
held a public comment period from November 23, 2015, to December 29,
2015. The state received no comments during the public comment period.
A public hearing was held on December 29, 2015. The submissions
satisfied the completeness criteria of 40 CFR part 51, appendix V.

III. The EPA's Response to Comments

    The public comment period on EPA's proposed rule opened June 26,
2019, the date of its publication in the Federal Register and closed on
July 26, 2019. During this period, the EPA received no comments on the
action.

IV. What action is the EPA taking?

    The EPA is taking final action to approve the following elements of
Iowa's December 22, 2015, and Nebraska's February 22, 2016,
infrastructure SIP submissions: Section 110(a)(2)(D)(i)(I)--significant
contribution to nonattainment (prong 1), and interfering with
maintenance of the NAAQS (prong 2) as applicable to the 2012 Annual
PM2.5 NAAQS.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 5, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxides.

    Dated: August 26, 2019.
Edward Chu,
 Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart--Q Iowa

0
2. In Sec.  52.820, the table in paragraph (e) is amended by adding
entry ``(51)'' to read as follows:

Sec.  52.820   Identification of plan.

* * * * *
    (e) * * *

                                   EPA-Approved Iowa Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP        geographic or         State       EPA Approval date        Explanation
           provision             nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
(51) Section 110(a)(2)           Statewide.........      12/15/2015  9/6/2019, [insert   This action approves
 (D)(i)(I)--significant                                               Federal Register    the following CAA
 contribution to nonattainment                                        citation].          elements: 110(a)(1)
 (prong 1), and interfering                                                               and 110(a)(2
 with maintenance of the NAAQs                                                            (D)(i)(I)--prongs 1
 (prong 2) (Interstate                                                                    and 2 [EPA-R07-OAR-
 Transport) Infrastructure                                                                2019-0332; FRL-9998-89-
 Requirements for the 2012                                                                Region 7].
 Annual Fine Particulate Matter
 (PM2.5) NAAQS.
----------------------------------------------------------------------------------------------------------------

Subpart CC--Nebraska

0
3. In Sec.  52.1420, the table in paragraph (e) is amended by adding
entry ``(36)'' to read as follows:

Sec.  52.1420   Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Nebraska Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP        geographic or         State       EPA approval date        Explanation
           provision             nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
(36) Section 110(a)(2)           Statewide.........       2/22/2016  9/6/2019, [insert   This action approves
 (D)(i)(I)--significant                                               Federal Register    the following CAA
 contribution to nonattainment                                        citation].          elements: 110(a)(1)
 (prong 1), and interfering                                                               and 110(a)(2
 with maintenance of the NAAQs                                                            (D)(i)(I)--prongs 1
 (prong 2) (Interstate                                                                    and 2 [EPA-R07-OAR-
 Transport) Infrastructure                                                                2019-0332; FRL-9998-89-
 Requirements for the 2012                                                                Region 7].
 Annual Fine Particulate Matter
 (PM2.5) NAAQS.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2019-19071 Filed 9-5-19; 8:45 a.m.]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Proposed Rules]
[Pages 11734-11735]
[FR Doc No: 2014-04617]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-589; Airspace Docket No. 13-ACE-9]

Proposed Amendment of Class E Airspace; Eagle Grove, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class E airspace at Eagle Grove,
IA. Decommissioning of the Eagle Grove non-directional radio beacon
(NDB) at Eagle Grove Municipal Airport has made airspace
reconfiguration necessary for standard instrument approach procedures
and for the safety and management of Instrument Flight Rules (IFR)
operations at the airport. Geographic coordinates also would be
adjusted.

DATES: 0901 UTC. Comments must be received on or before April 17, 2014.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2013-589/Airspace Docket No. 13-
ACE-9, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9:00 a.m. and
5:00 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527), is on the ground floor of the
building at the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 817-321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2013-589/
Airspace Docket No. 13-ACE-9.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Central Service Center, 2601
Meacham Blvd., Fort Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by modifying Class E airspace extending upward from
700 feet above the surface at Eagle Grove Municipal Airport, Eagle
Grove, IA, for standard instrument approach procedures at the airport.
Airspace reconfiguration is necessary due to the decommissioning of the
Eagle Grove NDB and the cancellation of the NDB approach. The segment
northwest of the airport would now be within 2.6 miles each side of the
305[deg] bearing from the airport. Controlled airspace is necessary for
the safety and management of IFR operations at the airport. Geographic
coordinates would also be adjusted to coincide with the FAA's
aeronautical database.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9X, dated August 7, 2013 and effective September 15, 2013, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed 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 DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend controlled airspace at Eagle Grove Municipal Airport,
Eagle Grove, IA.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air)

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration

proposes to amend 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(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 7400.9X,
Airspace Designations and Reporting Points, dated August 7, 2013, and
effective September 15, 2013, is amended as follows:

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

* * * * *

ACE IA E5 Eagle Grove, IA [Amended]

Eagle Grove Municipal Airport, IA
    (Lat. 42[deg]42'36'' N., long. 93[deg]54'58'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Eagle Grove Municipal Airport, and
within 2.6 miles each side of the 305[deg] bearing from the airport
extending from the 6.4-mile radius to 7.4 miles northwest of the
airport.

    Issued in Fort Worth, TX, on February 2, 2014.
Kent M. Wheeler,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2014-04617 Filed 2-28-14; 8:45 am]
BILLING CODE 4910-13-P