[Federal Register Volume 77, Number 188 (Thursday, September 27, 2012)]
[Notices]
[Page 59395]
[FR Doc No: 2012-23784]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the eLibrary link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, please contact FERC, Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

----------------------------------------------------------------------------------------------------------------
                                            Communication
               Docket No.                        date                       Presenter or requester
----------------------------------------------------------------------------------------------------------------
Prohibited:
    1. CP11-161-000.....................             9-7-12  Jolie DeFeis \1\.
    2. CP11-161-000.....................            9-12-12  Jolie DeFeis \2\.
    3. CP10-480-000.....................            9-18-12  Lisa Ann Richlin.
    4. EL12-8-000.......................            9-18-12  Pierce Atwood LLP.
Exempt:
    1. P-1494-000.......................             9-4-12  Hon. Dan Boren.
    2. ER12-1698-000; ER12-1699-000.....             9-4-12  Guadalupe County Commission.
    3. P-2079-069.......................            9-12-12  LaShavio Johnson.
    4. CP11-161-000.....................            9-17-12  Pike County Commissioners.
    5. CP11-161-000.....................            9-19-12  Hon. Robert Menendez.
----------------------------------------------------------------------------------------------------------------
\1\ Email record.
\2\ Email record: two separate emails were received on September 12, 2012.

    Dated: September 21, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-23784 Filed 9-26-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 57 (Friday, March 23, 2012)]
[Notices]
[Pages 17109-17111]
[FR Doc No: 2012-7088]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0380]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

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SUMMARY: FMCSA announces receipt of applications from twelve
individuals for exemption from the vision requirement in the Federal
Motor Carrier Safety Regulations. If granted, the exemptions would
enable these individuals to qualify as drivers of commercial motor
vehicles (CMVs) in interstate commerce

without meeting the Federal vision requirement.

DATES: Comments must be received on or before April 23, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2011-0380 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' FMCSA can renew exemptions at the end of each
2-year period. The twelve individuals listed in this notice have each
requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.

Qualifications of Applicants

Robert J. Ambrose

    Mr. Ambrose, age 57, has had amblyopia in his left eye since
childhood. The best corrected visual acuity in right eye is 20/15 and
in his left eye, 20/60. Following an examination in 2011, his
ophthalmologist noted, ``It is my opinion, this patient has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Ambrose reported that he has driven straight trucks for
3 years, accumulating 60,000 miles. He holds a Class A Commercial
Driver's License (CDL) from Massachusetts. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a Commercial Motor Vehicle (CMV).

Clifford W. Doran, Jr.

    Mr. Doran, 51, has had a macular scar in his left eye due to a
traumatic injury sustained in 2003. The best corrected visual acuity in
his right eye is 20/20 and in his left eye, 20/400. Following an
examination in 2011, his ophthalmologist noted, ``I see no
contraindications to him operating a commercial motor vehicle safely.''
Mr. Doran reported that he has driven straight trucks for 1 year,
accumulating 12,000 miles and tractor-trailer combinations for 19 years
accumulating 3 million miles. He holds a Class A CDL from North
Carolina. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Scott T. Green

    Mr. Green, 31, has had amblyopia in his left eye since birth. The
best corrected visual acuity in right eye is 20/20 and in his left eye,
20/70. Following an examination in 2011, his optometrist noted, ``It is
my opinion that his visual condition is stable and that he has
sufficient visual function to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Green reported that he has driven
straight trucks for 6 years, accumulating 37,500 miles. He holds a
Class C operator's license from Oregon. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.

Mark J. Meacham

    Mr. Meacham, 49, has a prosthetic left eye due to a traumatic
injury sustained 20 years ago. The best corrected visual acuity in
right eye is 20/20. Following an examination in 2011, his
ophthalmologist noted, ``In my medical opinion, you have sufficient
vision in the right eye to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Meacham reported that he has driven
straight trucks for 15 years, accumulating 2.25 million miles. He holds
a Class C operator's license from North Carolina. His driving record
for the last 3 years shows one crash, which he was not cited for, and
one conviction for speeding in a CMV; he exceeded the speed limit by 9
mph.

Ronnie D. Owens

    Mr. Owens, 63, has a prosthetic right eye due to a traumatic injury
sustained at age 23. The best corrected visual acuity in left eye is
20/20. Following an examination in 2011, his optometrist noted, ``In my
professional opinion, Mr. Owens has sufficient vision to operate a
commercial vehicle.'' Mr. Owens reported that he has driven straight
trucks for 47 years, accumulating 2.9 million miles and tractor-trailer
combinations for 42 years, accumulating 315,000 miles. He holds a Class
A CDL from Missouri. His driving record for the last 3 years shows no
crashes and conviction for speeding in a CMV; he exceeded the speed
limit by 20 mph.

Rojelio Garcia-Pena

    Mr. Garcia-Pena, 49, has had amblyopia in his left eye since birth.
The best corrected visual acuity in right eye is 20/20 and in his left
eye, 20/400. Following an examination in 2011, his optometrist noted,
``Mr. Pena has full

visual fields in each eye as well as normal color vision. His best
corrected visual acuity in his right eye is 20/20 and in his left eye
20/400. Following an examination in 2011, his optometrist noted, ``In
my opinion, the above mentioned findings qualify Mr. Pena to operate a
commercial vehicle safely.'' Mr. Garcia-Pena reported that he has
driven straight trucks for 14 years, accumulating 280,000 miles. He
holds a Class A CDL from Michigan. His driving record for the last 3
years shows two crashes; he was cited for one of the crashes, and no
convictions for moving violations in a CMV.

John M. Riley

    Mr. Riley, 34, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in right eye is 20/20 and in his left
eye, 20/150. Following an examination in 2011, his optometrist noted,
``In my medical opinion, I believe Mr. Riley has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Riley reported that he has driven straight trucks for 15 years,
accumulating 750,000 miles and tractor-trailer combinations for 15
years, accumulating 675,000 miles. He holds a Class A CDL from Alabama.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Jeffrey A. Sheets

    Mr. Sheets, 29, has aphakia in his right eye due to a traumatic
injury sustained at age 3. The best corrected visual acuity in right
eye is count-finger vision and in his left eye, 20/20. Following an
examination in 2011, his optometrist noted, ``In my opinion, Mr. Sheets
does have sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Sheets reported that he has driven
straight trucks for 7 years, accumulating 525,000 miles and tractor-
trailer combinations for 1 year, accumulating 20,000 miles. He holds a
Class A CDL from Arizona. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.

Scotty W. Sparks

    Mr. Sparks, 37, has had amblyopia in his left eye since birth. The
best corrected visual acuity in right eye is 20/20 and in his left eye,
20/200. Following an examination in 2011, his optometrist noted, ``It
is my opinion that despite the poor visual acuity in Mr. Sparks left
eye, he does have normal acuity in the right eye and normal visual
fields in both eyes, allowing for sufficient vision to perform the
driving tasks required to operate a commercial motor vehicle in
interstate commerce.'' Mr. Sparks reported that he has driven straight
trucks for 12 years, accumulating 288,000 miles. He holds a Class B CDL
from Kentucky. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Scottie Stewart

    Mr. Stewart, 57, has had amblyopia in his right eye since
childhood. The best corrected visual acuity in right eye is hand motion
vision and in his left eye, 20/20. Following an examination in 2011,
his ophthalmologist noted, ``Patient has sufficient vision to perform
said tasks required to operate a commercial vehicle.'' Mr. Stewart
reported that he has driven tractor-trailer combinations for 23 years,
accumulating 1.7 million miles. He holds a Class A CDL from
Mississippi. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Charles E. Stokes

    Mr. Stokes, 59, has complete loss of vision in his right eye. The
best corrected visual acuity in right eye is hand motion vision and in
his left eye, 20/25. Following an examination in 2011, his
ophthalmologist noted, ``Although both conditions can potentially be
progressive, currently his monocular status and intact visual field
would not prohibit him from operating a commercial vehicle.'' Mr.
Stokes reported that he has driven straight trucks for 16 years,
accumulating 1.5 million miles and tractor-trailer combinations for 18
years, accumulating 1.1 million miles. He holds a Class A CDL from
Michigan. His driving record for the last 3 years shows two crashes in
a CMV, for which he was cited, and no convictions for moving violations
in a CMV.

Timothy J. Sullivan

    Mr. Sullivan, 60, has complete loss of vision in his left eye due
to a traumatic injury sustained in 1998. The best corrected visual
acuity in right eye is 20/20 and in his left eye, light perception.
Following an examination in 2011, his ophthalmologist noted, ``In my
medical opinion, I feel Mr. Sullivan has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Sullivan reported that he has driven straight for 18 years,
accumulating 1.4 million miles. He holds a Class E operator's license
from Florida. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. The Agency will consider all comments
received before the close of business April 23, 2012. Comments will be
available for examination in the docket at the location listed under
the ADDRESSES section of this notice. The Agency will file comments
received after the comment closing date in the public docket, and will
consider them to the extent practicable.
    In addition to late comments, FMCSA will also continue to file, in
the public docket, relevant information that becomes available after
the comment closing date. Interested persons should monitor the public
docket for new material.

    Issued on: March 16, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-7088 Filed 3-22-12; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Page 75686]
[FR Doc No: 2022-26817]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-057, OMB Control No. 3235-0057]

Submission for OMB Review; Comment Request; Extension: Regulation
14C (Commission Rules 14c-1 through 14c-7 and Schedule 14C)

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
    Section 14(c) of the Securities Exchange Act of 1934 (the
``Exchange Act'') operates to require issuers that do not solicit
proxies or consents from any or all of the holders of record of a class
of securities registered under section 12 of the Exchange Act and in
accordance with the rules and regulations prescribed under section
14(a) in connection with a meeting of security holders (including
action by consent) to distribute to any holders that were not solicited
an information statement substantially equivalent to the information
that would be required to be transmitted if a proxy or consent
solicitation were made. Regulation 14C (Exchange Act Rules 14c-1
through 14c-7 and Schedule 14C) (17 CFR 240.14c-1 through 240.14c-7 and
240.14c-101) sets forth the requirements for the dissemination, content
and filing of the information statement. We estimate that Schedule 14C
takes approximately 129.1575 hours per response and will be filed by
approximately 569 issuers annually. In addition, we estimate that 75%
of the 129.1575 hours per response (96.8681 hours) is prepared by the
issuer for an annual reporting burden of 55,118 hours (96.8681 hours
per response x 569 responses). An agency may conduct or sponsor, and a
person is not required to respond to, a collection of information
unless it displays a currently valid control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
by January 9, 2023 to (i) www.reginfo.gov/public/do/PRAMain and (ii)
David Bottom, Director/Chief Information Officer, Securities and
Exchange Commission, c/o John Pezzullo, 100 F Street NE, Washington, DC
20549, or by sending an email to: [email protected].

    Dated: December 5, 2022.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-26817 Filed 12-8-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Rules and Regulations]
[Pages 6178-6179]
[FR Doc No: 2016-02100]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0046]

Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
South Branch of the Elizabeth River, Portsmouth-Chesapeake, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Norfolk and Western railroad bridge
(Norfolk Southern V6.8 Bridge) across the South Branch of the Elizabeth
River, mile 3.6, at Portsmouth-Chesapeake, VA. The deviation is
necessary to perform bridge maintenance and repairs. This deviation
allows the bridge to remain in the closed-to-navigation position.

DATES: This deviation is effective from 7 a.m. on February 5, 2016 to 7
p.m. on February 7, 2016.

ADDRESSES: The docket for this deviation [USCG-2016-0046] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Hal R. Pitts, Bridge Administration
Branch Fifth District, Coast Guard, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Norfolk Southern Corporation, that owns
and operates the Norfolk and Western railroad bridge (Norfolk Southern
V6.8 Bridge), has requested a temporary deviation from the current
operating regulations to install new festoon systems between the bridge
towers. The bridge is a vertical lift draw bridge and has a vertical
clearance in the closed position of 10 feet above mean high water.
    The current operating schedule is set out in 33 CFR 117.997(b).
Under this temporary deviation, the bridge will remain in the closed-
to-navigation position from 7 a.m. to 7 p.m. from February 5, 2016
through February 7, 2016. During this temporary deviation, the bridge
will operate per 33 CFR 117.997(b) from 7 p.m. to 7 a.m.
    The South Branch of the Elizabeth River is used by a variety of
vessels including deep draft ocean-going

vessels, U.S. government vessels, small commercial vessels,
recreational vessels and tug and barge traffic. The Coast Guard has
carefully coordinated the restrictions with waterway users.
    There will be limited opportunity for vessels to transit through
the bridge in the closed position during this temporary deviation.
Vessels able to pass through the bridge in the closed position may do
so after receiving confirmation from the bridge tender that it is safe
to transit through the bridge. The bridge will not be able to open for
emergencies and there is no immediate alternate route for vessels to
pass. The Coast Guard will also inform the users of the waterways
through our Local and Broadcast Notices to Mariners of the change in
operating schedule for the bridge so that vessel operators can arrange
their transit to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: January 28, 2016.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2016-02100 Filed 2-4-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60673-60676]
[FR Doc No: 2013-23084]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1041; Directorate Identifier 2011-NM-272-AD;
Amendment 39-17590; AD 2013-19-08]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 727 airplanes; Model 737-100, -200, and -200C
series airplanes; and Model 747-100, -100B, -100B SUD, -200B, -200C, -
200F, -300, -400, -400D, -400F, 747SR, and 747SP series airplanes. This
AD was prompted by a report of an activation of the control column
shaker during takeoff. This AD requires performing a general visual
inspection to determine if a certain angle of attack (AOA) sensor with
a paddle type vane is installed, and, for affected sensors, performing
an operational test of the stall warning system, and replacing the AOA
sensor with a new sensor if necessary. We are issuing this AD to
prevent erroneous activation of the control column shaker during
takeoff, which could result in runway overrun, failure to clear terrain
or obstacles after takeoff, or reduced controllability of the airplane.

DATES: This AD is effective November 6, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of November 6,
2013.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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: Ray Mei, Aerospace Engineer, Systems
and Equipment Branch, ANM-130S, Seattle Aircraft Certification Office,
FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>;
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 the specified products. The
NPRM published in the Federal Register on October 10, 2012 (77 FR
61548). The NPRM proposed to require performing a general visual
inspection to determine if a certain angle of attack (AOA) sensor with
a paddle type vane is installed, and, for affected sensors, performing
an operational test of the stall warning system, and replacing the AOA
sensor with a new sensor if necessary.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 61548, October 10, 2012) and the FAA's response to each comment.

Supportive Comments

    United Airlines and Air Line Pilots Association, International
supported the NPRM (77 FR 61548, October 10, 2012).

Request To Allow Credit for Certain ``C'' Check Actions

    Boeing requested that paragraph (f), ``Compliance,'' of the NPRM
(77 FR 61548, October 10, 2012) be modified. Boeing stated it
recommends the NPRM specifically state that if the maintenance planning
document (MPD) ``C'' check task associated with the stall warning
system has been accomplished within the last 15 months, or if one is
scheduled within the compliance time, it can take the place of the
required inspection. Boeing stated that the intent of the NPRM is then
satisfied and no further inspection is required. Boeing also stated
that the compliance statement in the Boeing service information is
identical to the ``SRP 7X7-34-0114'' final compliance recommendation
submitted to the FAA and it has been agreed upon.
    We partially agree with Boeing's request. We agree with the intent
of the request that the stall warning system test may be accomplished
in lieu of the required inspection of the AOA sensor. However, because
maintenance documents vary among operators, operators will have to
submit data substantiating that the change would provide an acceptable
level of safety. We have added a new paragraph (h) to this AD to allow
accomplishment of this optional method of compliance in accordance with
a method approved by the FAA. We have redesignated subsequent
paragraphs accordingly.

Request To Review the Maintenance Records in Lieu of the Inspection

    Lufthansa Technik AG requested that a review of the maintenance
records be allowed in lieu of the inspection. Lufthansa Technik stated
that in many cases it is possible to determine the part number
installed from the airplane maintenance documents. Lufthansa Technik
stated that the Boeing delivery documents contain a list with part
numbers of the AOA sensors that are installed at airplane delivery.
Lufthansa Technik stated that in the case of an AOA sensor being
changed or replaced after delivery, it will be recorded in the airplane
maintenance records. Lufthansa Technik also stated that some operators
keep databases with the part numbers and serial numbers currently
installed on their airplanes. Lufthansa Technik stated that in order to
avoid incorrect results of the maintenance reviews due to incomplete or
unclear maintenance records, the option should be limited to those
cases where the part number of the sensors can be determined from that
review without any doubt.
    We disagree with Lufthansa Technik's request. It is the FAA's
intent with this AD to require determination of the type of AOA vanes
installed on the airplane by an actual physical inspection of the AOA
vane installation. For purposes of correcting a potential unsafe
condition in the AOA vanes, the FAA considers actual physical
inspection of the type of AOA vanes installed to be the most reliable
method of determining what type of vane is installed. Although airplane
maintenance records may in some cases document the AOA vane
installation, they may also contain incorrect or outdated information,
or be incorrectly interpreted (for example, by misreading the installed
part number, or misunderstanding part number effectivity in the service
information). Although it is true that in some cases the FAA has
allowed a review of the maintenance records in lieu of an inspection,
the physical inspection of the AOA in this case is far more reliable
than the record check and it can be performed easily. We have not
changed this AD in this regard.

Conclusion

    We reviewed the relevant data, considered 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 (77 FR 61548, October 10, 2012) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 61548, October 10, 2012).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 1,013 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on  U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection........................  3 work-hours x $85 per                 $0             $255        $258,315.
                                     hour = $255.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the proposed inspection.
We have no way of determining the number of aircraft that might need
this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                         Labor cost                Parts cost           Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement........................  Up to 2 work-hours x $85     Up to $36,552.........  Up to $36,722.
                                      per hour = $170.
----------------------------------------------------------------------------------------------------------------

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

    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):

2013-19-08 The Boeing Company: Amendment 39-17590; Docket No. FAA-
2012-1041; Directorate Identifier 2011-NM-272-AD.

(a) Effective Date

    This AD is effective November 6, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company series airplanes,
certificated in any category, as specified in paragraphs (c)(1),
(c)(2), and (c)(3) of this AD.
    (1) Model 727, 727C, -100, -100C, -200, and -200F series
airplanes, identified in Boeing Special Attention Service Bulletin
727-34-0245, dated June 4, 2008.
    (2) Model 737-100, -200, and -200C series airplanes, identified
in Boeing Special Attention Service Bulletin 737-34-2102, dated June
5, 2008.
    (3) Model 747-100, -100B, -100B SUD, -200B, -200C, -200F, -300,
-400, -400D, -400F, 747SR, and 747SP series airplanes, identified in
Boeing Special Attention Service Bulletin 747-34-2925, dated June 4,
2008.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 3418, Stall Warning System.

(e) Unsafe Condition

    This AD was prompted by a report of an erroneous activation of
the control column shaker during takeoff. We are issuing this AD to
prevent erroneous activation of the control column shaker during
takeoff, which could result in runway overrun, failure to clear
terrain or obstacles after takeoff, or reduced controllability of
the airplane.

(f) Compliance

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

(g) Inspection

    Within 36 months after the effective date of this AD: Do a
general visual inspection of the left and right angle of attack
(AOA) sensor as applicable, to determine if a certain AOA sensor
with a paddle type vane is installed, in accordance with the
Accomplishment Instructions of the applicable service information
specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD.
    (1) Boeing Special Attention Service Bulletin 727-34-0245, dated
June 4, 2008 (for Model 727 airplanes).
    (2) Boeing Special Attention Service Bulletin 737-34-2102, dated
June 5, 2008 (for Model 737-100, -200, and -200C series airplanes).
    (3) Boeing Special Attention Service Bulletin 747-34-2925, dated
June 4, 2008 (for Model 747-100, -100B, -100B SUD, -200B, -200C, -
200F, -300, -400, -400D, -400F, 747SR, and 747SP series airplanes).

(h) Optional Method of Compliance

    Operators may accomplish a stall warning system test in lieu of
the inspection specified in paragraph (g) of this AD by using a
method approved by the Manager, Seattle Aircraft Certification
Office (ACO), FAA.

(i) Operational Test and Replacement

    If, during the inspection required by paragraph (g) of this AD,
it is determined that an AOA sensor with a paddle type vane is
installed: Before further flight, do an operational test of the
stall warning system, in accordance with Part 2 of the
Accomplishment Instructions of the applicable service information
specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD.
    (1) For group 2 airplanes identified in Boeing Special Attention
Service Bulletin 747-34-2925, dated June 4, 2008: If you cannot get
the values given in the table specified in Part 2 of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 747-34-2925, dated June 4, 2008, before further flight,
replace the AOA sensor, in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 747-34-
2925, dated June 4, 2008.
    (2) For all airplanes, except those identified in paragraph
(i)(1) of this AD: If the AOA sensor fails to activate the control
column shaker in the operational test, replace the AOA sensor with a
new AOA sensor, in accordance with Part 3 of the Accomplishment
Instructions of the applicable service information specified in
paragraph (i)(2)(i), (i)(2)(ii), or (i)(2)(iii) of this AD.
    (i) Boeing Special Attention Service Bulletin 727-34-0245, dated
June 4, 2008 (for Model 727 airplanes).

    (ii) Boeing Special Attention Service Bulletin 737-34-2102,
dated June 5, 2008 (for Model 737-100, -200, and -200C series
airplanes).
    (iii) Boeing Special Attention Service Bulletin 747-34-2925,
dated June 4, 2008 (for Model 747-100, -100B, -100B SUD, -200B, -
200C, -200F, -300, -400, -400D, -400F, 747SR, and 747SP series
airplanes).

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office, (ACO),
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 ACO, 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 Ray Mei, Aerospace
Engineer, Systems and Equipment Branch, ANM-130S, Seattle Aircraft
Certification Office, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; 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 the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 727-34-0245, dated
June 4, 2008.
    (ii) Boeing Special Attention Service Bulletin 737-34-2102,
dated June 5, 2008.
    (iii) Boeing Special Attention Service Bulletin 747-34-2925,
dated June 4, 2008.
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 13, 2013.
Jeffrey E. Duven,
Acting Manager, Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2013-23084 Filed 10-1-13; 8:45 am]
BILLING CODE 4910-13-P