39198 Federal Register / Vol. 78, No. 126 / Monday, July 1, 2013 / Proposed Rules 

737–57A1218, Revision 5, dated February 9, 

2009; or Boeing Alert Service Bulletin 737– 

57A1218, Revision 6, dated June 9, 2011; at 

the later of the times specified in paragraphs 

(q)(1) and (q)(2) of this AD, except as 

required by paragraph (r) of this AD. As of 

the effective date of this AD, only Boeing 

Alert Service Bulletin 737–57A1218, 

Revision 6, dated June 9, 2011, may be used 

to perform the replacement required by this 

paragraph. Overhauling the carriage spindles 

does not zero-out the flight cycles. Total 

flight cycles accumulate since new. 

(1) Before the accumulation of 40,000 total 

flight cycles on the new or overhauled 

carriage. 

(2) Within 6 years or 15,000 flight cycles 

after August 31, 2010 (the effective date of 

AD 2010–15–08, Amendment 39–16374 (75 

FR 43803, July 27, 2010)), whichever occurs 

first. 

(r) Retained Carriage Spindle Replacement 

for Airplanes With an Undocumented 

Carriage 

This paragraph restates the requirements of 

paragraph (r) of AD 2010–15–08, Amendment 

39–16374 (75 FR 43803, July 27, 2010). For 

airplanes with an undocumented carriage: Do 

the applicable actions specified in paragraph 

(p) or (q) of this AD at the applicable time 

specified in paragraph (r)(1) or (r)(2) of this 

AD. 

(1) For Model 737–100, –200, –200C series 

airplanes: Do the actions specified in 

paragraph (p) of this AD at the time specified 

in paragraph (p)(1)(ii) of this AD. 

(2) For Model –300, –400, and –500 series 

airplanes: Do the actions specified in 

paragraph (q) of this AD at the time specified 

in paragraph (q)(2) of this AD. 

(s) Retained Repetitive Replacements of 

Carriage Spindle 

This paragraph restates the requirements of 

paragraph (s) of AD 2010–15–08, 

Amendment 39–16374 (75 FR 43803, July 27, 

2010), with revised compliance times. 

(1) For airplanes on which the actions 

required by paragraph (p) or (q) of this AD, 

as applicable, have been done as of the 

effective date of this AD: Repeat the 

replacement of the carriage spindle specified 

by paragraph (p) or (q) of this AD, as 

applicable, one time at the later of the times 

specified in paragraphs (s)(1)(i) and (s)(1)(ii) 

of this AD, and thereafter at intervals not to 

exceed 40,000 total flight cycles on the new 

or overhauled carriage spindle. 

(i) Before the accumulation of 40,000 total 

flight cycles on the new or overhauled 

carriage. 

(ii) Within 6 years or 15,000 flight cycles 

after August 31, 2010 (the effective date of 

AD 2010–15–08, Amendment 39–16374 (75 

FR 43803, July 27, 2010)), whichever occurs 

first. 

(2) For airplanes on which the actions 

required by paragraph (p) or (q) of this AD, 

as applicable, have not been done as of the 

effective date of this AD: Repeat the 

replacement of the carriage spindle specified 

by paragraph (p) or (q) of this AD, as 

applicable, thereafter at intervals not to 

exceed 40,000 total flight cycles on the new 

or overhauled carriage spindle. 

(t) Exception to Compliance Time 

Where Boeing Service Bulletin 737– 

57A1277, Revision 3, dated May 16, 2012, 

and Boeing Alert Service Bulletin 737– 

57A1218, Revision 6, dated June 9, 2011, 

specify a compliance time after the dates of 

those service bulletins, this AD requires 

compliance within the specified compliance 

time after the effective date of this AD. 

(u) Credit for Previous Actions 

This paragraph provides credit for actions 

required by paragraphs (g) through (s) of this 

AD, if those actions were performed before 

the effective date of this AD using Boeing 

Alert Service Bulletin 737–57A1277, 

Revision 2, dated June 9, 2011, which is not 

incorporated by reference in this AD. 

(v) 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 the 

Related Information section of this AD. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(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 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, ACO, to 

make those findings. For a repair method to 

be approved, the repair must meet the 

certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(4) AMOCs previously approved in 

accordance with AD 2003–24–08, 

Amendment 39–13377 (68 FR 67027, 

December 1, 2003), or AD 2010–15–08, 

Amendment 39–16374 (75 FR 43803, July 27, 

2010), are approved as AMOCs for individual 

repairs are acceptable for compliance with 

the corresponding provisions of this AD. All 

other existing AMOCs are not acceptable. 

(w) Related Information 

(1) For more information about this AD, 

contact Nancy Marsh, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

phone: (425) 917–6440; fax: (425) 917–6590; 

email: nancy.marsh@faa.gov. 

(2) 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 206–766– 

5680; email me.boecom@boeing.com; 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 

425–227–1221. 

Issued in Renton, Washington, on June 14, 

2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–15660 Filed 6–28–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Pacific Ocean Off the Pacific Missile 

Range Facility at Barking Sands, Island 

of Kauai, Hawaii; Danger Zone 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The Corps of Engineers is 

proposing to amend an existing danger 

zone in waters of the Pacific Ocean off 

the Pacific Missile Range Facility at 

Barking Sands, Island of Kauai, Hawaii. 

The U.S. Navy conducts missile defense 

activities, test missile launches, and 

training activities at the Pacific Missile 

Range Facility. The proposed 

amendment is necessary to protect the 

public from hazards associated with 

missile launch operations, training 

activities, and increased threat 

conditions. The proposed amendment 

would expand the existing danger zone 

and would prohibit any activity by the 

public within the danger zone without 

first obtaining permission from the 

Commanding Officer, Pacific Missile 

Range Facility, to ensure public safety 

and/or installation good order during 

range operations, weapon system 

testing, training activities, increases in 

force protection and other mission 

essential evolutions. The expanded 

danger zone would extend along 

approximately seven miles of shoreline 

adjacent to the Pacific Missile Range 

Facility, with its seaward extent ranging 

between 2.96 and 4.16 nautical miles 

offshore. 

DATES: Written comments must be 

submitted on or before July 31, 2013. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2013–0007, by any of the following 

methods: 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 126 / Monday, July 1, 2013 / Proposed Rules 39199 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Email: david.b.olson@usace.army.mil. 

Include the docket number, COE–2013– 

0007, in the subject line of the message. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–CO–R (David B. Olson), 

441 G Street NW., Washington, DC 

20314–1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2013–0007 . All 

comments received will be included in 

the public docket without change and 

may be made available on-line at 

http://www.regulations.gov, including 

any personal information provided, 

unless the commenter indicates that the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI, or otherwise 

protected, through regulations.gov or 

email. The regulations.gov Web site is 

an anonymous access system, which 

means we will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email directly to the 

Corps without going through 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the public docket and made available on 

the Internet. If you submit an electronic 

comment, we recommend that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If we cannot read your 

comment because of technical 

difficulties and cannot contact you for 

clarification, we may not be able to 

consider your comment. Electronic 

comments should avoid the use of any 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: For access to the docket to 

read background documents or 

comments received, go to 

www.regulations.gov. All documents in 

the docket are listed. Although listed in 

the index, some information is not 

publicly available, such as 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. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922, or 

Mr. Farley Watanabe, Corps of 

Engineers, Honolulu District, Regulatory 

Branch, at 808–835–4305 or by email at 

farley.k.watanabe@usace.army.mil. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

The purpose of this regulatory action 

is to amend the danger zone in waters 

of the Pacific Ocean off the Pacific 

Missile Range Facility at Barking Sands, 

Island of Kauai, Hawaii by increasing 

the water area historically noted on 

nautical charts as 334.1390. 

The Corps authority to amend this 

danger zone is Section 7 of the Rivers 

and Harbors Act of 1917 (40 Stat 266; 

33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat 892; 33 U.S.C. 3). 

Background 

Pursuant to its authorities in Section 

7 of the Rivers and Harbors Act of 1917 

(40 Stat. 266; 33 U.S.C. 1) and Chapter 

XIX of the Army Appropriations Act of 

1919 (40 Stat. 892; 33 U.S.C. 3), the 

Corps of Engineers is proposing to 

amend the regulations at 33 CFR Part 

334 by amending the existing 

permanent danger zone in the waters of 

the Pacific Ocean off the Pacific Missile 

Range Facility at Barking Sands, Island 

of Kauai, Hawaii. 

The U.S. Navy conducts missile 

defense activities, test missile launches, 

and training activities at the Pacific 

Missile Range Facility. The proposed 

amendment is necessary to protect the 

public from hazards associated with 

missile launch operations, training 

activities, and increased threat 

conditions. The proposed amendment 

would expand the existing danger zone 

and would prohibit any activity by the 

public within the danger zone without 

first obtaining permission from the 

Commanding Officer, Pacific Missile 

Range Facility, to ensure public safety 

and/or installation good order during 

range operations, weapon system 

testing, training activities, increases in 

force protection and other mission 

essential evolutions. The expanded 

danger zone would extend along 

approximately seven miles of shoreline 

adjacent to the Pacific Missile Range 

Facility, with its seaward extent ranging 

between 2.96 and 4.16 nautical miles 

offshore. 

Procedural Requirements 

a. Review Under Executive Order 12866 

This proposed rule is issued with 

respect to a military function of the 

Defense Department and the provisions 

of Executive Order 12866 do not apply. 

b. Review Under the Regulatory 

Flexibility Act 

This proposed rule has been reviewed 

under the Regulatory Flexibility Act 

(Pub. L. 96–354) which requires the 

preparation of a regulatory flexibility 

analysis for any regulation that will 

have a significant economic impact on 

a substantial number of small entities 

(i.e., small businesses and small 

governments). Unless information is 

obtained to the contrary during the 

public notice comment period, the 

Corps expects that the amendment of 

this danger zone would have practically 

no economic impact on the public, no 

anticipated navigational hazard, or 

interference with existing waterway 

traffic. This proposed rule, if adopted, 

will have no significant economic 

impact on small entities. 

c. Review Under the National 

Environmental Policy Act 

Due to the administrative nature of 

this action and because there is no 

intended change in the use of the area, 

the Corps expects that this regulation, if 

adopted, will not have a significant 

impact to the quality of the human 

environment and, therefore, preparation 

of an environmental impact statement 

will not be required. An environmental 

assessment will be prepared after the 

public notice period is closed and all 

comments have been received and 

considered. After it is prepared, it may 

be reviewed at the District office listed 

at the end of the FOR FURTHER

INFORMATION CONTACT section, above. 

d. Unfunded Mandates Act 

This proposed rule does not impose 

an enforceable duty among the private 

sector and, therefore, it is not a Federal 

private sector mandate and it is not 

subject to the requirements of either 

Section 202 or Section 205 of the 

Unfunded Mandates Act. We have also 

found under Section 203 of the Act, that 

small governments will not be 

significantly and uniquely affected by 

this rulemaking. 

List of Subjects in 33 CFR Part 334 

Danger zones, Marine safety, 

Navigation (water), Restricted areas, 

Waterways. 

For the reasons set out in the 

preamble, the Corps proposes to amend 

33 CFR part 334 as follows: 


tkelley on DSK3SPTVN1PROD with PROPOSALS
39200 Federal Register / Vol. 78, No. 126 / Monday, July 1, 2013 / Proposed Rules 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

■ 1. The authority citation for 33 CFR 

part 334 continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

■ 2. Revise § 334.1390 to read as 

follows: 

§ 334.1390 Pacific Ocean off the Pacific 

Missile Range Facility at Barking Sands, 

Island of Kauai, Hawaii; danger zone. 

(a) The danger zone. All navigable 

waters within an area beginning at a 

point on the shore at latitude 

22°04′13.65′′ N, longitude 159°46′30.76′′ 

W; and continue south along the 

shoreline to latitude 21°58′42.77′′ N, and 

longitude 159°45′26.35′′ W. Thence 

extending southwest to latitude 

21°56′6.00′′ N, and longitude 

159°46′55.91′′ W extending northwest to 

latitude 21°58′59.81′′ N and longitude 

159°50′51.42′′ W, continuing north to 

latitude 22°02′28.09′′ N, and longitude 

159°51′28.15′′ W, and continuing 

northeast to latitude 22°06′30.71′′ N, 

longitude 159°49′20.43′′ W; and thence 

to point of beginning. All coordinates 

reference 1983 North American Datum 

(NAD 83). 

(b) The regulations. (1) Dredging, 

dragging, seining, and other similar 

operations within the danger zone are 

prohibited. 

(2) All persons, boats, vessels, or other 

craft are prohibited from entering, 

transiting, or remaining within the 

danger zone during range operations, 

test and training activities, or increases 

in force protection that pose a hazard to 

the general public, as determined by the 

enforcing agency. The enforcing 

agency’s determination of the necessity 

of closing the danger zone due to 

increases in force protection will be 

based on the Department of Defense 

Force Protection Condition (FPCON) 

System. From the lowest security level 

to the highest, FPCON levels are titled 

Normal, Alpha, Bravo, Charlie and 

Delta. 

(3) Closure of the danger zone will be 

indicated by Notice to Mariners, the 

presence of Pacific Missile Range 

Facility range boats, beach markings 

including beach signs along the north 

and south beach borders alerting 

shoreline foot traffic, security patrols, 

and radio transmissions on common 

ocean frequencies to include Marine 

band channel 6 (156.300 MHz), Marine 

band channel 16 (156.800 MHz), and CB 

channel 22. The enforcing agency will 

post the danger zone closure schedule 

on its official Navy Web site, http:// 

www.cnic.navy.mil/PMRF/, and 

Facebook Web site, http:// 

www.facebook.com/ 

PacificMissileRangeFacility. The danger 

zone closure schedule may also be 

obtained by calling the following phone 

numbers: 808–335–4301, 808–335– 

4388, and 808–335–4523. 

(4) The enforcing agency will 

authorize the use of some, or all, of the 

danger zone for civilian waterborne 

activities when mission-essential 

evolutions such as range operations, test 

and training operations, or increases in 

force protections levels permit it. Such 

activities include fishing, sightseeing, 

shelling, surfing, and transit. 

(c) The enforcing agency. The 

regulations in this section shall be 

enforced by the Commanding Officer, 

Pacific Missile Range Facility, Hawaii 

and such agencies or persons as he or 

she may designate. 

Dated: June 24, 2013. 

Approved: 

James R. Hannon, 

Chief, Operations and Regulatory Directorate 

of Civil Works. 

[FR Doc. 2013–15669 Filed 6–28–13; 8:45 am] 

BILLING CODE 3720–58–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 

[Docket No. 2013–5] 

Authentication of Electronic 

Signatures on Electronically Filed 

Statements of Account 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Notice of proposed rulemaking; 

correction. 

SUMMARY: The U.S. Copyright Office 

published a notice of proposed 

rulemaking in the Federal Register of 

June 26, 2013 (78 FR 38240). The 

document contained incorrect dates. 

DATES: Comments must be received in 

the Copyright Office no later than 5 p.m. 

Eastern Standard Time (EST) on July 26, 

2013. Reply comments must be received 

in the Copyright Office no later than 5 

p.m. Eastern Standard Time (e.s.t.) on 

August 26, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Zizzi, Office of the General 

Counsel, Copyright GC/I&R, P.O. Box 

70400, Washington, DC 20024. 

Telephone: (202) 707–8380. Telefax: 

(202) 707–8366. 

SUPPLEMENTARY INFORMATION: 

Correction 

In the Federal Register of June 26, 

2013 (78 FR 38240), on page 38241, in 

the first column, the DATES caption is 

corrected to read as set forth above. 

Dated: June 26, 2013. 

Maria Strong, 

Acting General Counsel, U.S. Copyright 

Office. 

[FR Doc. 2013–15699 Filed 6–28–13; 8:45 am] 

BILLING CODE 1410–30–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 2 

[ET Docket No. 13–115; RM–11341; FCC 13– 

65] 

Federal Earth Stations—Non-Federal 

Fixed Satellite Service Space Stations; 

Spectrum for Non-Federal Space 

Launch Operations 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

make spectrum allocation proposals for 

three different space related purposes. 

The Commission makes two alternative 

proposals to modify the Allocation 

Table to provide interference protection 

for Fixed-Satellite Service (FSS) and 

Mobile-Satellite Service (MSS) earth 

stations operated by Federal agencies 

under authorizations granted by the 

National Telecommunications and 

Information Administration (NTIA) in 

certain frequency bands. The 

Commission also proposes to amend a 

footnote to the Allocation Table to 

permit a Federal MSS system to operate 

in the 399.9–400.05 MHz band; also 

makes alternative proposals to modify 

the Allocation Table to provide access 

to spectrum on an interference protected 

basis to Commission licensees for use 

during the launch of launch vehicles 

(i.e. rockets). The Commission also 

seeks comment broadly on the future 

spectrum needs of the commercial space 

sector. The Commission expects that, if 

adopted, these proposals would advance 

the commercial space industry and the 

important role it will play in our 

nation’s economy and technological 

innovation now and in the future. 

DATES: Comments must be filed on or 

before August 30, 2013, and reply 

comments must be filed on or before 

September 30, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Oros, Office of Engineering 

and Technology, 202–418–0636, 


tkelley on DSK3SPTVN1PROD with PROPOSALS