81 FR 48323 - Extension of the Requirement for Helicopters to Use the New York North Shore Helicopter Route
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 142 (July 25, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 142 (July 25, 2016)
| Page Range | 48323-48327 | |
| FR Document | 2016-17427 |
[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)] [Rules and Regulations] [Pages 48323-48327] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17427] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 93 [Docket No.: FAA-2010-0302; Amdt. No. 93-99] RIN 2120-AK84 Extension of the Requirement for Helicopters to Use the New York North Shore Helicopter Route AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rulemaking amends the expiration date of the final rule requiring pilots operating civil helicopters under Visual Flight Rules to use the New York North Shore Helicopter Route when operating along that area of Long Island, New York. The current rule expires on August 6, 2016. The FAA finds it necessary to extend the rule for an additional four years to preserve the current operating environment while the FAA conducts ongoing helicopter research that will be considered to determine appropriate future actions. DATES: This final rule is effective August 7, 2016, through August 6, 2020. ADDRESSES: For information on where to obtain copies of rulemaking documents and other information related to this final rule, see ``How To Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For technical questions concerning this action, contact Kenneth Ready, Airspace and Rules Team, AJV-113, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-3396; email [email protected]. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The FAA's authority to issue rules on aviation safety is found in Title 49 of the [[Page 48324]] United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. The FAA has broad authority and responsibility to regulate the operation of aircraft, the use of the navigable airspace and to establish safety standards for and regulate the certification of airmen, aircraft, and air carriers. (49 U.S.C. 40104 et seq., 40103(b)). The FAA's authority for this rule is contained in 49 U.S.C. 40103 and 44715. Under section 40103, the Administrator of the FAA has authority to ``prescribe air traffic regulations on the flight of aircraft (including regulations on safe altitudes) for . . . (B) protecting individuals and property on the ground. (49 U.S.C. 40103(b)(2)(B)). In addition, section 44715(a), provides that to ``relieve and protect the public health and welfare from aircraft noise,'' the Administrator of the FAA, ``as he deems necessary, shall prescribe . . . (ii) regulations to control and abate aircraft noise . . .'' Good Cause for Immediate Adoption Without Prior Notice Section 553(d)(3) of the Administrative Procedure Act requires that agencies publish a rule not less than 30 days before its effective date, except as otherwise provided by the agency for good cause found and published with the rule. The current rule expires on August 6, 2016. To prevent confusion among pilots using the route and avoid disruption of the current operating environment, the FAA finds that good cause exists to make this rule effective in less than 30 days. I. Background In response to concerns from a large number of local residents regarding noise from helicopters operating over Long Island, the FAA issued the New York North Shore Helicopter Route final rule (77 FR 39911, July 6, 2012). The rule requires civil helicopter pilots operating Visual Flight Rules (VFR), whose route of flight takes them over the north shore of Long Island between the Visual Point Lloyd Harbor (VPLYD) waypoint and Orient Point (VPOLT), to use the North Shore Helicopter Route, as published in the New York Helicopter Chart (``the Chart''). The rule was promulgated to maximize use of the route, as published per the Chart, to secure and improve upon decreased levels of noise that had been voluntarily achieved. Under the rule, pilots are permitted to deviate from the route and altitude requirements when necessary for safety, weather conditions, or transitioning to or from a destination or point of landing. In addition, the rule is based on a voluntary VFR route that was developed by the FAA, working with the Eastern Region Helicopter Council. The voluntary route originally was added to the Chart on May 8, 2008. The rule originally had a two-year duration and was set to terminate on August 6, 2014. The FAA limited the duration of the rule because, at the time of promulgation, the FAA did not have data on the current rate of compliance with the voluntary route nor the circumstances surrounding an operator's decision not to use the route. The FAA concluded there would be no reason to retain the rule if the FAA determined the noise situation along the North Shore of Long Island did not improve. Accordingly, the Agency decided that the rule would expire in two years, if it was determined there is no meaningful improvement in the effects of helicopter noise on quality of life or that the rule was otherwise unjustified. Specifically, the FAA stated that should there be such an improvement, the FAA may, after appropriate notice and opportunity for comment, decide to make the rule permanent. Likewise, should the FAA determine that reasonable modification could be made to the route to better address noise concerns (and any other relevant concerns), the FAA may choose to modify the rule after notice and comment. On June 23, 2014, the FAA issued a two-year extension of the rule's termination date to provide additional time for the Agency to assess the rule's impact and consider whether to make the mandatory use of the route permanent (79 FR 35488). Since then, the FAA has been engaged in a variety of helicopter research initiatives that could inform the Agency's future actions on this rule. Topics addressed by these research efforts, described in more detail below, include modeling of helicopter performance and noise, helicopter noise-abatement procedures, and community response to helicopter noise. The FAA has initiated efforts to improve helicopter performance- modeling capabilities for more accurate operational impact analysis. This research is scheduled to be completed in 2016, with an implementation plan for incorporation into the FAA's Aviation Environmental Design Tool (AEDT).\1\ Also, through the National Academies of Science, Engineering, and Medicine Transportation Review Board (TRB), a research project was initiated through the Airport Cooperative Research Program (ACRP) to provide helicopter noise- modeling guidance. The project reviewed, evaluated, and documented current helicopter noise prediction models and identified potential improvements to AEDT to better capture the unique complexity of helicopter operations. The research was published in January 2016. The FAA is currently reviewing the findings and will consider making modeling improvements in AEDT based on those findings. Improved modeling will allow better quantification of the noise impacts of helicopter operations and better inform decisions on measures to abate helicopter-noise impacts. --------------------------------------------------------------------------- \1\ AEDT is the FAA's tool for computing noise, emissions and fuel burn. --------------------------------------------------------------------------- The FAA's Center of Excellence, called the Aviation Sustainability Center (ASCENT), has funded Pennsylvania State University to conduct modeling of helicopters to identify potential noise-abatement procedures that may result in quieter operations. The first phase of this project focuses on integrating the tools needed to predict helicopter-source noise and providing the necessary integration within AEDT to be able to illustrate potential noise impacts of such noise abatement procedures. The second phase of the project is focused on developing noise-abatement procedures for either individual helicopters or classes of helicopters. These phases of the research are scheduled to be completed by August 2017. At that time, the FAA will need to determine whether to initiate and support flight tests during 2018, which would be necessary prior to advancing the use of the procedures with helicopter operators. The FAA is also engaged in research and collaboration with helicopter operators, seeking to educate pilots on the benefits of noise-abatement procedures, when to institute them, and the piloting procedures for achieving quieter operations. This project addresses noted issues by developing a strategy for pilot awareness of noise- abatement techniques, looking at ways to illustrate the benefits through modeling, and examining the potential for video training on how to incorporate noise-abatement procedures. This research will utilize the findings of the ASCENT project described above. Finally, the FAA has two projects to review methodologies to determine community response to helicopter operations. One project is administered through the ACRP. The objectives of the ACRP research project are to: (1) Determine the significance of acoustical and non- acoustical factors that [[Page 48325]] influence community annoyance to helicopter noise, (2) describe how these factors compare to those contributing to fixed-wing aircraft community annoyance, and (3) develop and validate a research method to relate helicopter-noise exposure to surveyed community annoyance. This project is two-thirds complete, and ACRP expects the project to be completed in late 2016. Further, the FAA has initiated a second project in an effort to test a different methodology for gathering information on community annoyance for residents in the vicinity of helicopter operations. The FAA has gathered data for this project, and the analysis is underway. The goal is to report on the methodology in late 2016, and when completed, it will provide an alternative method for developing an annoyance survey for helicopters. Both of these projects provide an opportunity for the FAA to compare methodologies and determine the most effective approach for conducting a helicopter noise-annoyance survey. At the completion of the projects, the FAA intends to select the most effective, survey methodology and determine if a larger scale, community survey would better inform the FAA on appropriate methods to address concerns over helicopter noise. The FAA will then consider the need for a comprehensive helicopter community annoyance survey. While the research reaches maturity by the end of 2017, applying the research will take longer. II. The Final Rule This final rule extends for an additional four years (i.e., to August 6, 2020) the requirement for pilots of civil helicopters to use the North Shore Helicopter Route when transiting along the north shore of Long Island. The FAA expects that four years will be sufficient time to consider results of the described research efforts in determining appropriate future actions on the rule. Extending the requirement to use the North Shore Helicopter Route during this period will continue to foster maximum use of the North Shore Helicopter Route and avoid disruption of the current operating environment. Therefore, the FAA finds that a four-year extension of the current rule is warranted. III. Regulatory Notices and Analyses A. Regulatory Evaluation Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 and Executive Order 13563 direct that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, the Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995). This portion of the preamble summarizes the FAA's analysis of the economic impacts of this final rule. Department of Transportation Order DOT 2100.5 prescribes policies and procedures for simplification, analysis, and review of regulations. If the expected cost impact is so minimal that a proposed or final rule does not warrant a full evaluation, this order permits that a statement to that effect and the basis for it to be included in the preamble if a full regulatory evaluation of the cost and benefits is not prepared. Such a determination has been made for this final rule. The reasoning for this determination follows: This final rule extends for an additional four years (i.e., to August 6, 2020) the requirement for pilots of civil helicopters to use the North Shore Helicopter Route when transiting along the north shore of Long Island. Extending the current rule for four years is expected to provide the FAA with sufficient time to consider results of the described research efforts in determining appropriate future actions on the rule. The FAA determined the 2012 final rule would impose minimal costs because many of the existing operators were already complying with the final rule requirements. As this final rule extends those requirements, the FAA expects this final rule imposes only minimal costs. The FAA has, therefore, determined that this final rule is not a ``significant regulatory action'' as defined in section 3(f) of Executive Order 12866, and is not ``significant'' as defined in DOT's Regulatory Policies and Procedures. B. Regulatory Flexibility Determination The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) establishes ``as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation.'' To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.'' The RFA covers a wide range of small entities, including small businesses, not-for-profit organizations, and small governmental jurisdictions. Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA. However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the RFA provides that the head of the agency may so certify and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear. The FAA believes that this final rule does not have a significant economic impact on a substantial number of small entities for the following reasons. With this final rule, the regulatory provisions already in place will be extended four years to provide the FAA with sufficient time to consider results of the described research efforts in determining appropriate future actions on the rule. The final regulatory flexibility analysis for the 2012 final rule determined that it had a minimal cost impact on a substantial number of small entities. This final rule extends those requirements. Thus, the FAA expects a minimal economic impact on a substantial number of small entities. Therefore, as provided in section 605(b), the head of the FAA certifies that this rulemaking will not result in a significant economic impact on a substantial number of small entities. C. International Trade Impact Assessment The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal agencies [[Page 48326]] from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The FAA has assessed the potential effect of this final rule and determined that the rule will preserve the current operating environment and is not considered an unnecessary obstacle to foreign commerce. D. Unfunded Mandates Assessment Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104- 4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (in 1995 dollars) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a ``significant regulatory action.'' The FAA currently uses an inflation-adjusted value of $155 million in lieu of $100 million. This final rule does not contain such a mandate; therefore, the requirements of Title II of the Act do not apply. E. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. The FAA has determined that there is no new requirement for information collection associated with this final rule. F. International Compatibility and Cooperation In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices to the maximum extent practicable. The FAA has determined that there are no ICAO Standards and Recommended Practices that correspond to these proposed regulations. Executive Order 13609, Promoting International Regulatory Cooperation, promotes international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and to reduce, eliminate, or prevent unnecessary differences in regulatory requirements. The FAA has analyzed this action under the policies and agency responsibilities of Executive Order 13609, and has determined that this action would have no effect on international regulatory cooperation. G. Environmental Analysis FAA Order 1050.1F, ``Environmental Impacts: Policies and Procedures,'' identifies FAA actions that, in the absence of extraordinary circumstances, are categorically excluded from requiring an environmental assessment (EA) or environmental impact statement (EIS) under the National Environmental Policy Act. This rule qualifies for the categorical exclusion in paragraph 5-6.6.f of that Order, which includes ``[r]egulations. . . excluding those that if implemented may cause a significant impact on the human environment. There are no extraordinary circumstances that warrant preparation of an EA or EIS. IV. Executive Order Determinations A. Executive Order 13132, Federalism The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. The agency determined that this action will not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, does not have Federalism implications. B. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA analyzed this final rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The agency has determined that it is not a ``significant energy action'' under the executive order and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. V. How To Obtain Additional Information A. Availability of Rulemaking Documents An electronic copy of rulemaking documents may be obtained from the Internet by-- 1. Searching the Federal eRulemaking Portal (http://www.regulations.gov); 2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or 3. Accessing the Government Printing Office's Web page at http://www.thefederalregister.org/fdsys/. Copies may also be obtained by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Commenters must identify the docket or amendment number of this rulemaking. All documents the FAA considered in developing this rulemaking action, including economic analyses and technical reports, may be accessed from the Internet through the Federal eRulemaking Portal referenced in item (1) above. B. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. A small entity with questions regarding this document, may contact its local FAA official, or the person listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/. List of Subjects in 14 CFR Part 93 Air traffic control, Airspace, Navigation (air). The Amendment In consideration of the foregoing, the Federal Aviation Administration amends chapter I of Title 14 of the Code of Federal Regulations as follows: PART 93-SPECIAL AIR TRAFFIC RULES 0 1. The authority citation for part 93 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40106, 40109, 40113, 44502, 44514, 44701, 44715, 44719, 46301. 0 2. Add Sec. 93.101 to read as follows: Sec. 93.101 Applicability. This subpart prescribes a special air traffic rule for civil helicopters operating VFR along the North Shore, Long Island, New York, between August 6, 2012, and August 6, 2020. [[Page 48327]] Issued under authority provided by 49 U.S.C. 106(f), 44701(a), and 44703 in Washington, DC, on July 15, 2016. Michael P. Huerta, Administrator. [FR Doc. 2016-17427 Filed 7-22-16; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations 48323
the relationship between the national (d) Unsafe Condition the availability of this material at NARA, call
government and the States, or on the This AD was prompted by reports that 202–741–6030, or go to: http://
distribution of power and certain HPT disk serial numbers in AD 2013– www.archives.gov/federal-register/cfr/ibr-
02–02 and in certain Pratt & Whitney service locations.html.
responsibilities among the various
levels of government. information are incorrect. We are issuing this Issued in Burlington, Massachusetts, on
AD to prevent uncontained release of July 11, 2016.
For the reasons discussed above, I multiple turbine blades, damage to the
certify that this AD: Colleen M. D’Alessandro,
engine, and damage to the airplane.
(1) Is not a ‘‘significant regulatory Manager, Engine & Propeller Directorate,
(e) Compliance Aircraft Certification Service.
action’’ under Executive Order 12866,
Comply with this AD within the [FR Doc. 2016–17442 Filed 7–22–16; 8:45 am]
(2) Is not a ‘‘significant rule’’ under compliance times specified, unless already BILLING CODE 4910–13–P
DOT Regulatory Policies and Procedures done.
(44 FR 11034, February 26, 1979), (1) For CFM56–3, CFM56–3B, and CFM56–
(3) Will not affect intrastate aviation 3C turbofan engines operating to 20,100 lbs DEPARTMENT OF TRANSPORTATION
in Alaska to the extent that it justifies maximum takeoff (MTO) thrust, remove the
making a regulatory distinction, and HPT disk from service on or before Federal Aviation Administration
accumulating 8,000 cycles-since-new (CSN).
(4) Will not have a significant (2) For CFM56–3B and CFM56–3C turbofan
economic impact, positive or negative, engines operating to 22,100 lbs MTO thrust, 14 CFR Part 93
on a substantial number of small entities remove the HPT disk from service on or [Docket No.: FAA–2010–0302; Amdt. No.
under the criteria of the Regulatory before accumulating 8,000 CSN. 93–99]
Flexibility Act. (3) For CFM56–3C turbofan engines
operating to 23,500 lbs MTO thrust, remove RIN 2120–AK84
List of Subjects in 14 CFR Part 39 the HPT disk from service on or before
accumulating 4,000 CSN. Extension of the Requirement for
Air transportation, Aircraft, Aviation (4) For HPT disks that have been used in Helicopters to Use the New York North
safety, Incorporation by reference, multiple models or thrust installations, use Shore Helicopter Route
Safety. the formula in the ADDED DATA section of
Pratt & Whitney Special Instruction 6F–12, AGENCY: Federal Aviation
Adoption of the Amendment Administration (FAA), DOT.
Revision A, dated May 17, 2016 to calculate
Accordingly, under the authority the remaining life on the disk. ACTION: Final rule.
delegated to me by the Administrator, (f) Alternative Methods of Compliance
the FAA amends part 39 of the Federal SUMMARY: This rulemaking amends the
(AMOCs)
Aviation Regulations (14 CFR part 39) as expiration date of the final rule
The Manager, Engine Certification Office, requiring pilots operating civil
follows: FAA, may approve AMOCs for this AD. Use helicopters under Visual Flight Rules to
the procedures found in 14 CFR 39.19 to
PART 39—AIRWORTHINESS use the New York North Shore
make your request. You may email your
DIRECTIVES request to: ANE-AD-AMOC@faa.gov. Helicopter Route when operating along
that area of Long Island, New York. The
(g) Related Information current rule expires on August 6, 2016.
■ 1. The authority citation for part 39
continues to read as follows: For more information about this AD, The FAA finds it necessary to extend
contact Kenneth Steeves, Aerospace the rule for an additional four years to
Authority: 49 U.S.C. 106(g), 40113, 44701. Engineer, Engine Certification Office, FAA, preserve the current operating
Engine & Propeller Directorate, 1200 District environment while the FAA conducts
§ 39.13 [Amended]
Avenue, Burlington, MA 01803; phone: 781–
ongoing helicopter research that will be
■ 2. The FAA amends § 39.13 by 238–7765; fax: 781–238–7199; email:
kenneth.steeves@faa.gov. considered to determine appropriate
removing airworthiness directive (AD) future actions.
2013–02–02, Amendment 39–17323 (78 (h) Material Incorporated by Reference DATES: This final rule is effective August
FR 5712, January 28, 2013), (‘‘AD 2013– (1) The Director of the Federal Register 7, 2016, through August 6, 2020.
02–02’’), and adding the following new approved the incorporation by reference ADDRESSES: For information on where to
AD: (IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
obtain copies of rulemaking documents
2016–14–10 CFM International, S.A. and other information related to this
Turbofan Engines Modified by part 51.
(2) You must use this service information final rule, see ‘‘How To Obtain
Supplemental Type Certificate
SE00034EN: Amendment 39–18591; as applicable to do the actions required by Additional Information’’ in the
Docket No. FAA–2012–1289; Directorate this AD, unless the AD specifies otherwise. SUPPLEMENTARY INFORMATION section of
Identifier 2012–NE–43–AD. (i) Pratt & Whitney Corp. Special this document.
Instruction No. 6F–12, Revision A, dated FOR FURTHER INFORMATION CONTACT: For
(a) Effective Date May 17, 2016.
technical questions concerning this
This AD is effective August 9, 2016. (ii) Reserved.
(3) For Pratt & Whitney service information action, contact Kenneth Ready, Airspace
(b) Affected ADs identified in this AD, contact Pratt & and Rules Team, AJV–113, Federal
This AD supersedes AD 2013–02–02. Whitney, 400 Main St., East Hartford, CT Aviation Administration, 800
06108; phone: 860–565–7700; fax: 860–565– Independence Avenue SW.,
(c) Applicability
asabaliauskas on DSK3SPTVN1PROD with RULES
1605. Washington, DC 20591; telephone (202)
This AD applies to CFM International, S.A. (4) You may view this service information 267–3396; email kenneth.ready@
CFM56–3, CFM56–3B, and CFM56–3C at FAA, Engine & Propeller Directorate, 1200 faa.gov.
turbofan engines, modified by Supplemental District Avenue, Burlington, MA 01803. For
Type Certificate SE00034EN, with a high- information on the availability of this SUPPLEMENTARY INFORMATION:
pressure turbine (HPT) disk, part number (P/ material at the FAA, call 781–238–7125. Authority for This Rulemaking
N) 880026, serial number (S/N) (5) You may view this service information
GKLBAA9307, GKLBAA9335, GKLBAA9404, at the National Archives and Records The FAA’s authority to issue rules on
GKLBAA9407, or GKLBAA9409, installed. Administration (NARA). For information on aviation safety is found in Title 49 of the
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![48326 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations
from establishing standards or engaging cooperation to meet shared challenges 2. Visiting the FAA’s Regulations and
in related activities that create involving health, safety, labor, security, Policies Web page at http://
unnecessary obstacles to the foreign environmental, and other issues and to www.faa.gov/regulations_policies or
commerce of the United States. reduce, eliminate, or prevent 3. Accessing the Government Printing
Pursuant to these Acts, the unnecessary differences in regulatory Office’s Web page at http://
establishment of standards is not requirements. The FAA has analyzed www.gpo.gov/fdsys/.
considered an unnecessary obstacle to this action under the policies and
the foreign commerce of the United Copies may also be obtained by
agency responsibilities of Executive
States, so long as the standard has a sending a request to the Federal
Order 13609, and has determined that
legitimate domestic objective, such as Aviation Administration, Office of
this action would have no effect on
the protection of safety, and does not Rulemaking, ARM–1, 800 Independence
international regulatory cooperation.
operate in a manner that excludes Avenue SW., Washington, DC 20591, or
imports that meet this objective. The G. Environmental Analysis by calling (202) 267–9680. Commenters
statute also requires consideration of FAA Order 1050.1F, ‘‘Environmental must identify the docket or amendment
international standards and, where Impacts: Policies and Procedures,’’ number of this rulemaking.
appropriate, that they be the basis for identifies FAA actions that, in the All documents the FAA considered in
U.S. standards. The FAA has assessed absence of extraordinary circumstances, developing this rulemaking action,
the potential effect of this final rule and are categorically excluded from including economic analyses and
determined that the rule will preserve requiring an environmental assessment technical reports, may be accessed from
the current operating environment and (EA) or environmental impact statement the Internet through the Federal
is not considered an unnecessary (EIS) under the National Environmental eRulemaking Portal referenced in item
obstacle to foreign commerce. Policy Act. This rule qualifies for the (1) above.
categorical exclusion in paragraph 5–
D. Unfunded Mandates Assessment B. Small Business Regulatory
6.6.f of that Order, which includes
Title II of the Unfunded Mandates Enforcement Fairness Act
‘‘[r]egulations. . . excluding those that
Reform Act of 1995 (Pub. L. 104–4) if implemented may cause a significant The Small Business Regulatory
requires each Federal agency to prepare impact on the human environment. Enforcement Fairness Act (SBREFA) of
a written statement assessing the effects There are no extraordinary 1996 requires FAA to comply with
of any Federal mandate in a proposed or circumstances that warrant preparation small entity requests for information or
final agency rule that may result in an of an EA or EIS. advice about compliance with statutes
expenditure of $100 million or more (in and regulations within its jurisdiction.
1995 dollars) in any one year by State, IV. Executive Order Determinations
A small entity with questions regarding
local, and tribal governments, in the A. Executive Order 13132, Federalism this document, may contact its local
aggregate, or by the private sector; such FAA official, or the person listed under
The FAA has analyzed this final rule
a mandate is deemed to be a ‘‘significant the FOR FURTHER INFORMATION CONTACT
under the principles and criteria of
regulatory action.’’ The FAA currently heading at the beginning of the
Executive Order 13132, Federalism. The
uses an inflation-adjusted value of $155 preamble. To find out more about
agency determined that this action will
million in lieu of $100 million. This SBREFA on the Internet, visit http://
not have a substantial direct effect on
final rule does not contain such a www.faa.gov/regulations_policies/
the States, or the relationship between
mandate; therefore, the requirements of rulemaking/sbre_act/.
the Federal Government and the States,
Title II of the Act do not apply.
or on the distribution of power and List of Subjects in 14 CFR Part 93
E. Paperwork Reduction Act responsibilities among the various
The Paperwork Reduction Act of 1995 levels of government, and, therefore, Air traffic control, Airspace,
(44 U.S.C. 3507(d)) requires that the does not have Federalism implications. Navigation (air).
FAA consider the impact of paperwork B. Executive Order 13211, Regulations The Amendment
and other information collection That Significantly Affect Energy Supply,
burdens imposed on the public. The Distribution, or Use In consideration of the foregoing, the
FAA has determined that there is no Federal Aviation Administration
The FAA analyzed this final rule amends chapter I of Title 14 of the Code
new requirement for information
under Executive Order 13211, Actions of Federal Regulations as follows:
collection associated with this final
Concerning Regulations that
rule.
Significantly Affect Energy Supply, PART 93–SPECIAL AIR TRAFFIC
F. International Compatibility and Distribution, or Use (May 18, 2001). The RULES
Cooperation agency has determined that it is not a
In keeping with U.S. obligations ‘‘significant energy action’’ under the ■ 1. The authority citation for part 93
under the Convention on International executive order and it is not likely to continues to read as follows:
Civil Aviation, it is FAA policy to have a significant adverse effect on the
Authority: 49 U.S.C. 106(g), 40103, 40106,
conform to International Civil Aviation supply, distribution, or use of energy. 40109, 40113, 44502, 44514, 44701, 44715,
Organization (ICAO) Standards and V. How To Obtain Additional 44719, 46301.
Recommended Practices to the Information
asabaliauskas on DSK3SPTVN1PROD with RULES
maximum extent practicable. The FAA ■ 2. Add § 93.101 to read as follows:
has determined that there are no ICAO A. Availability of Rulemaking
Documents § 93.101 Applicability.
Standards and Recommended Practices
that correspond to these proposed An electronic copy of rulemaking This subpart prescribes a special air
regulations. documents may be obtained from the traffic rule for civil helicopters
Executive Order 13609, Promoting Internet by— operating VFR along the North Shore,
International Regulatory Cooperation, 1. Searching the Federal eRulemaking Long Island, New York, between August
promotes international regulatory Portal (http://www.regulations.gov); 6, 2012, and August 6, 2020.
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![Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations 48327
Issued under authority provided by 49 II. Background Information and location of first responders and public
U.S.C. 106(f), 44701(a), and 44703 in Regulatory History safety vessels that may require the
Washington, DC, on July 15, 2016. bridge to open at any time to perform
Michael P. Huerta,
On May 6, 2016, we published a
notice of proposed rulemaking (NPRM) rescue or emergency operations on Lake
Administrator.
entitled Drawbridge Operation Winnebago. Vessels in distress or
[FR Doc. 2016–17427 Filed 7–22–16; 8:45 am]
Regulation; Fox River, DePere to seeking shelter from weather on Lake
BILLING CODE 4910–13–P Oshkosh, WI, in the Federal Register Winnebago may also need the CN–RR
bridge to open at any time. A delay in
(81 FR 27373). We did receive one
bridge openings at this location may
comment on this rule.
DEPARTMENT OF HOMELAND endanger life or property and is
SECURITY III. Legal Authority and Need for Rule therefore exempted from the proposed
The Coast Guard is issuing this rule 2-hour advance notice requirement from
Coast Guard under authority 33 U.S.C. 499. vessels for all other drawbridges
Currently, the regulation for Fox River between midnight and 8 a.m.
33 CFR Part 117 All drawbridges would be required to
drawbridges (33 CFR 117.1087) includes
open if at least 12-hours advance notice
[Docket No. USCG–2016–0256] the opening schedule for drawbridges in
is provided prior to passing between
Green Bay, WI, where large commercial
RIN 1625–AA09 October 8 and April 26 each year.
vessel traffic continues to transit. This This rule removes the George Street
Drawbridge Operation Regulation; Fox rule does not include any changes to the bridge from the regulation, establishes
River, DePere to Oshkosh, WI schedules for drawbridges over the consistent annual dates for drawbridge
commercial ship channel in Green Bay. schedules between river miles 7.13 and
AGENCY: Coast Guard, DHS. The sections of the current regulation 58.3, eliminates currently exempted
ACTION: Final rule. that includes all other drawbridges bridge opening times during certain
between river mile 7.13 in DePere, WI days and times in Oshkosh, makes
SUMMARY: The Coast Guard is modifying at the DePere Pedestrian bridge, to river permanent the requirement for vessels
the operating schedule for all mile 58.3 in Oshkosh, WI, describe to provide 2-hours advance notice
drawbridges over the Fox River between inconsistent dates and times for between midnight and 8 a.m., and
DePere, WI and Oshkosh, WI. This rule required drawbridge openings, establishes the winter bridge operating
will establish drawbridge schedules that particularly for the four highway schedules throughout the entire river
coincide with lock schedules during the drawbridges in Oshkosh. They also system.
boating season and standard winter include reference to the George Street The dates, times, and conditions have
drawbridge schedules. bridge at mile 7.27. The George Street been employed by local authorities for
DATES: This rule is effective August 24, bridge has been removed in the past 15 approximately 10 years and are
2016. years. In the current regulation, the generally accepted by vessel operators
ADDRESSES: To view documents Oshkosh drawbridges contain in the area as established conditions.
mentioned in this preamble as being exemptions during certain dates and The dates, times, and conditions have
available in the docket, go to http:// times where the drawbridges are not also been reviewed and accepted by
www.regulations.gov, type USCG–2016– required to open for vessels or vessels WIS–DOT and FRNSA during the
0256. In the ‘‘SEARCH’’ box and click must provide advance notice prior to development of this rule.
‘‘SEARCH.’’ Click on Open Docket passing during nighttime hours.
This rule establishes the requirement IV. Discussion of Comments, Changes
Folder on the line associated with this and the Final Rule
rulemaking. for all drawbridges, except the Canadian
National Railroad (CN–RR) bridge at The Coast Guard provided a comment
FOR FURTHER INFORMATION CONTACT: If
mile 55.72 in Oshkosh, to open on period of 45 days and received one
you have questions on this rule, call or signal between the hours of 8 a.m. and comment. Canadian National Railway
email Mr. Lee D. Soule, Bridge midnight each day from April 27 to Company (CN–RR) wished to clarify for
Management Specialist, Ninth Coast October 7 every year. This schedule will the record that the bridge described in
Guard District; telephone 216–902– match the lock schedule established by the NPRM as the ‘‘CN–RR bridge at Mile
6085, email Lee.D.Soule@uscg.mil. FRNSA and drawbridge schedules used 55.72 over Fox River in Oshkosh, WI’’
SUPPLEMENTARY INFORMATION: by WIS–DOT. Between the hours of should reflect Wisconsin Central Ltd. as
I. Table of Abbreviations midnight and 8 a.m., except for the CN– the entity holding common carrier
RR bridge in Oshkosh, all drawbridges responsibilities at this location. The
CFR Code of Federal Regulations would open for vessels if at least 2- Coast Guard recognizes that Wisconsin
DHS Department of Homeland Security
hours advance notice of arrival is Central, Ltd. is owned by CN–RR, but
E.O. Executive Order
FR Federal Register provided. for consistency in describing bridge
NEPA National Environmental Policy Act The CN–RR bridge at mile 55.72 in owners throughout the Fox River system
of 1969 Oshkosh is located where Fox River in official publications, and since the
NPRM Notice of proposed rulemaking feeds into the southwest section of Lake bridges are locally known and referred
RFA Regulatory Flexibility Act of 1980 Winnebago. The portion of Fox River in to as ‘‘Canadian National’’ bridges, we
SNPRM Supplemental notice of proposed the Oshkosh area, and Lake Winnebago, will continue to describe the railroad
asabaliauskas on DSK3SPTVN1PROD with RULES
rulemaking are among the busiest portions of the drawbridge at Mile 55.72 in Oshkosh as
Pub. L. Public Law Fox River System for recreational vessel the CN–RR bridge.
§ Section traffic. The CN–RR bridge provides 6 Additionally, CN–RR commented on
U.S.C. United States Code
WIS–DOT Wisconsin Department of
feet of vertical clearance in the closed the disparity of proposed bridge
Transportation position and prevents most vessels from operations between nearby highway
FRNSA Fox River Navigational System passing under the bridge, thereby bridges and the CN–RR bridge at Mile
Authority requiring the drawbridge to open 55.72 in Oshkosh, WI. The NPRM
CN–RR Canadian National Railroad regularly for vessels. This is also the excluded the CN–RR bridge at Mile
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Document Created: 2016-07-23 02:00:41
Document Modified: 2016-07-23 02:00:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective August 7, 2016, through August 6, 2020. | |
| Contact | For technical questions concerning this action, contact Kenneth Ready, Airspace and Rules Team, AJV-113, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-3396; email [email protected] | |
| FR Citation | 81 FR 48323 | |
| RIN Number | 2120-AK84 | |
| CFR Associated | Air Traffic Control; Airspace and Navigation (air) |
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