39636 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Proposed Rules 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Airbus SAS: Docket No. FAA–2018–0639; 

Product Identifier 2018–NM–058–AD. 

(a) Comments Due Date 

We must receive comments by September 

24, 2018. 

(b) Affected ADs 

This AD affects AD 2017–19–13, 

Amendment 39–19043 (82 FR 43837, 

September 20, 2017) (‘‘AD 2017–19–13’’). 

(c) Applicability 

This AD applies to the Airbus SAS 

airplanes specified in paragraphs (c)(1), 

(c)(2), and (c)(3) of this AD, certificated in 

any category, with an original certificate of 

airworthiness or original export certificate of 

airworthiness issued on or before November 

22, 2017. 

(1) Model A330–223F and –243F airplanes. 

(2) Model A330–201, –202, –203, –223, and 

–243 airplanes. 

(3) Model A330–301, –302, –303, –321, 

–322, –323, –341, –342, and –343 airplanes. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 05, Time Limits/Maintenance 

Checks. 

(e) Reason 

This AD was prompted by a revision of a 

certain airworthiness limitations item (ALI) 

document, which specifies new or more 

restrictive maintenance instructions and 

airworthiness limitations, and a 

determination that those maintenance 

instructions and airworthiness limitations are 

necessary. We are issuing this AD to address 

fatigue cracking, damage, and corrosion in 

principal structural elements; such fatigue 

cracking, damage, and corrosion could result 

in reduced structural integrity of the 

airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Maintenance or Inspection Program 

Revision 

Within 90 days after the effective date of 

this AD, revise the maintenance or inspection 

program, as applicable, to incorporate the 

information specified in Airbus A330 

Airworthiness Limitations Section (ALS) Part 

2—Damage Tolerant Airworthiness 

Limitation Items (DT–ALI), Revision 02, 

Issue 2, dated November 22, 2017. The initial 

compliance time for accomplishing the tasks 

is at the applicable times specified in Airbus 

A330 Airworthiness Limitations Section 

(ALS) Part 2—Damage Tolerant 

Airworthiness Limitation Items (DT–ALI), 

Revision 02, Issue 2, dated November 22, 

2017, or within 90 days after the effective 

date of this AD, whichever occurs later. 

(h) No Alternative Actions or Intervals 

After the maintenance or inspection 

program has been revised as required by 

paragraph (g) of this AD, no alternative 

actions (e.g., inspections) or intervals may be 

used unless the actions or intervals are 

approved as an alternative method of 

compliance (AMOC) in accordance with the 

procedures specified in paragraph (j)(1) of 

this AD. 

(i) Terminating Action 

Accomplishing the action required by 

paragraph (g) of this AD terminates all 

requirements of AD 2017–19–13. 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Section, Transport Standards Branch, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. In accordance with 14 CFR 

39.19, send your request to your principal 

inspector or local Flight Standards District 

Office, as appropriate. If sending information 

directly to the International Section, send it 

to the attention of the person identified in 

paragraph (k)(2) of this AD. Information may 

be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. 

(i) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(ii) AMOC letter AIR–676–18–111 R1, 

dated January 29, 2018, approved previously 

for AD 2017–19–13, is approved as an AMOC 

for the corresponding provisions of this AD. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, International Section, 

Transport Standards Branch, FAA; or the 

European Aviation Safety Agency (EASA); or 

Airbus SAS’s EASA Design Organization 

Approval (DOA). If approved by the DOA, 

the approval must include the DOAauthorized signature. 

(k) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA 

Airworthiness Directive 2018–0068, dated 

March 26, 2018, for related information. This 

MCAI may be found in the AD docket on the 

internet at http://www.regulations.gov by 

searching for and locating Docket No. FAA– 

2018–0639. 

(2) For more information about this AD, 

contact Vladimir Ulyanov, Aerospace 

Engineer, International Section, Transport 

Standards Branch, FAA, 2200 South 216th 

St., Des Moines, WA 98198; telephone and 

fax 206–231–3229. 

(3) For service information identified in 

this AD, contact Airbus SAS, Airworthiness 

Office—EAL, Rond-Point Emile Dewoitine 

No: 2, 31700 Blagnac Cedex, France; 

telephone +33 5 61 93 36 96; fax +33 5 61 

93 45 80; email airworthiness.A330–A340@

airbus.com; internet http://www.airbus.com. 

You may view this service information at the 

FAA, Transport Standards Branch, 2200 

South 216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

Issued in Des Moines, Washington, on July 

23, 2018. 

James Cashdollar, 

Acting Director, System Oversight Division, 

Aircraft Certification Service. 

[FR Doc. 2018–16501 Filed 8–9–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0926] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Hudson River, Albany and Rensselaer, 

NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

modify the operating schedule that 

governs the CSX Transportation Bridge 

across the Hudson River, mile 146.2, 

between Albany and Rensselaer, New 

York. The bridge owner, National 

Railroad Passenger Corporation 

(Amtrak), submitted a request to allow 

the bridge to require four hours’ notice 

for bridge openings. This proposed rule 

would extend the notice required for 

bridge opening during the summer 

months due to the infrequent number of 

requests, and reduce burden on the 

bridge tender. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

October 9, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2017–0926 using Federal e-Rulemaking 

Portal at http://www.regulations.gov. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Miss Stephanie E. 

Lopez, Bridge Management Specialist, 

First Coast Guard District, telephone 

(212) 514–4335, email 

Stephanie.E.Lopez@uscg.mil. 


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Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Proposed Rules 39637 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

E.O. Executive order 

FR Federal Register 

OMB Office of Management and Budget 

NPRM Notice of proposed rulemaking 

SNPRM Supplemental notice of proposed 

rulemaking 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

II. Background, Purpose and Legal 

Basis 

The CSX Transportation (Livingston 

Ave) Bridge at mile 146.2, across the 

Hudson River, between Albany and 

Rensselaer, New York, has a vertical 

clearance of 25 feet at mean high water 

and 32 feet at mean low water. Vertical 

clearance is unlimited when the draw is 

open. Horizontal clearance is 

approximately 98 feet. The waterway 

users include recreational and 

commercial vessels including tugboat/ 

barge combinations as well as tour/ 

dinner boats. 

The existing drawbridge operating 

regulation, 33 CFR 117.791(c), requires 

the draw of CSX Transportation Bridge 

to open on signal; except that, from 

December 16 through March 31, the 

draw shall open on signal if at least 24 

hours’ notice is given. 

The owner of the bridge, National 

Railroad Passenger Corporation, 

requested a change to the drawbridge 

operating regulations to allow the bridge 

owner to require 4 hours’ notice before 

the draw opens on signal between April 

1 and December 15, from 11 p.m. to 7 

a.m., due to infrequent requests to open 

the bridge. This rule change will allow 

for more efficient and economical 

operation of the bridge while still 

meeting the reasonable needs of 

navigation. 

III. Discussion of Proposed Rule 

Review of the bridge logs in the last 

three years shows that the bridge 

averages a total of 24 openings annually 

during the period from April 1 to 

December 15, between 11 p.m. and 7 

a.m. A preliminary notice sent 

September 8, 2017, to various 

stakeholders and agencies indicated no 

objection to the proposed rule change 

from mariners or other stakeholders. 

The Coast Guard proposes to 

permanently change the drawbridge 

operating regulation 33 CFR 117.791(c). 

The proposed rule would provide 

that, from April 1 through December 15, 

between the hours 7 a.m. and 11 p.m., 

the draw shall open on signal, and 

between the hours of 11 p.m. and 7 a.m., 

the draw shall open on signal if at least 

4 hours notice is given. It is our opinion 

that this rule meets the reasonable needs 

of marine and rail traffic. 

IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

Executive Orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and Executive 

Orders and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This NPRM has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, the Office of 

Management and Budget (OMB) has not 

reviewed the NPRM and pursuant to 

OMB guidance, it is exempt from the 

requirements of Executive Order 13771. 

This regulatory action determination 

is based on the ability that vessels can 

still open the draw and transit the 

bridge given advanced notice. We 

believe that this proposed change to the 

drawbridge operation regulations at 33 

CFR 117.791(c) will meet the reasonable 

needs of navigation. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this proposed rule would not 

have a significant economic impact on 

a substantial number of small entities. 

The bridge provides 25 feet of vertical 

clearance at mean high water that 

should accommodate all the present 

vessel traffic except deep draft vessels. 

The bridge will continue to open on 

signal for any vessel provided at least 4 

hour advance notice is given. While 

some owners or operators of vessels 

intending to transit the bridge may be 

small entities, for the reasons stated in 

section IV.A above, this proposed rule 

would not have a significant economic 

impact on any vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule. If the 

rule would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT, above. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

C. Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Government 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has 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. We have 

analyzed this proposed rule under that 

Order and have determined that it is 

consistent with the fundamental 

federalism principles and preemption 

requirements described in Executive 

Order 13132. 

Also, this proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 


daltland on DSKBBV9HB2PROD with PROPOSALS
39638 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Proposed Rules 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule will not result in such an 

expenditure, we do discuss the effects of 

this proposed rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule simply promulgates the operating 

regulations or procedures for 

drawbridges. Normally, such actions are 

categorically excluded from further 

review, under figure 2–1, paragraph 

(32)(e), of the instruction. 

A preliminary Record of 

Environmental Consideration and a 

Memorandum for the Record are not 

required for this proposed rule. We seek 

any comments or information that may 

lead to the discovery of a significant 

environmental impact from this 

proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacynotice. 

Documents mentioned in this NPRM 

as being available in this docket and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. In § 117.791, revise paragraph (c) to 

read as follows: 

§ 117.791 Hudson River. 

* * * * * 

(c) The draw of the CSX 

Transportation Bridge, mile 146.2, 

between Albany and Rensselaer, shall 

open on signal; except that, from April 

1 through December 15, from 11 p.m. to 

7 a.m., the draw shall open on signal if 

at least 4 hours notice is given and, from 

December 16 through March 31, the 

draw shall open on signal if at least 24 

hours notice is given. 

* * * * * 

Dated: July 26, 2018. 

A.J. Tiongson, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2018–17208 Filed 8–9–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R04–OAR–2018–0296; FRL–9982– 

02—Region 4] 

Air Plan and Operating Permit Program 

Approval: AL, GA and SC; Revisions to 

Public Notice Provisions in Permitting 

Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

portions of State Implementation Plan 

(SIP) revisions and the Title V Operating 

Permit Program revisions submitted on 

May 19, 2017, by the State of Alabama, 

through the Alabama Department of 

Environmental Management (ADEM); 

submitted on November 29, 2017, by the 

State of Georgia, through the Georgia 

Environmental Protection Division 

(Georgia EPD); and submitted on 

September 5, 2017, by the State of South 

Carolina, through the South Carolina 

Department of Health and 

Environmental Control (SC DHEC). 

These revisions address the public 

notice rule provisions for the New 

Source Review (NSR) and Title V 

Operating Permit programs (Title V) of 

the Clean Air Act (CAA or Act) that 

remove the mandatory requirement to 

provide public notice of a draft air 

permit in a newspaper and that allow 

electronic notice (‘‘e-notice’’) as an 

alternate noticing option. EPA is 

proposing to approve these revisions 

pursuant to the CAA and implementing 

federal regulations. 

DATES: Written comments must be 

received on or before September 10, 

2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2018–0296 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 


daltland on DSKBBV9HB2PROD with PROPOSALS