### 69287 Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Rules and Regulations

1 See Flightcrew Member Duty and Rest Requirements Final Rule, 77 FR 330, 336–337 (Jan. 4, 2012). 2 Id. at 403 (emphasis added).

3 The FAA acknowledges that § 121.470(b) governs scheduled operations and § 110.2 defines a scheduled operation as a ‘‘passenger-carrying operation.’’ Consequently, an all-cargo operation may not be able to operate under § 121.470(b) as currently written. The FAA is examining this issue and may address it in a future regulatory action. information security refresher briefings for all cleared employees at least annually and to provide derivative classification training for employees authorized to apply derivative classifications before exercising this authority and then at least once every 2 years thereafter. This direct final rule also gave licensees flexibility in determining the means and methods for providing this training. In the direct final rule, the NRC stated that if any significant adverse comments were received on the companion proposed rule by September 6, 2013 (78 FR 48076; August 7, 2013), a notice of timely withdrawal of the direct final rule would be published in the Federal Register. A significant adverse comment is one where a commenter explains why the rule would be inappropriate, including challenges to its underlying premise or approach, or would be ineffective, or unacceptable without a change. The NRC did not receive any comments that warranted withdrawal of the direct final rule. Therefore, this direct final rule was effective as scheduled.

Dated at Rockville, Maryland, this 7th day of November 2013.

For the Nuclear Regulatory Commission. Cindy Bladey, Chief, Rules, Announcements, and Directives Branch, Office of Administration.
[FR Doc. 2013–27140 Filed 11–18–13; 8:45 am]

**BILLING CODE 7590–01–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Parts 117 and 121**

**[Docket No. FAA–2009–1093; Amdt. Nos. 117–1, 119–16, 121–357]** 

**RIN 2120–AJ58**

**Flightcrew Member Duty and Rest Requirements; Technical Correction** 

**AGENCY :**  Federal Aviation Administration, DOT.

**ACTION :**  Final rule; technical correction.

**SUMMARY :**  The FAA is correcting the final flightcrew member duty and rest rule published on January 4, 2012. In that rule, the FAA amended its existing flight, duty and rest regulations applicable to certificate holders and their flightcrew members operating certain domestic, flag, and supplemental operations. This document corrects several issues requiring a technical correction in the codified text of the final flightcrew member duty and rest rule. **DATES :**  Effective January 4, 2014.

**FOR FURTHER INFORMATION CONTACT :**  For technical questions concerning this action, contact Dale E. Roberts, AFS– 200, Flight Standards Service, Air Transportation Division Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267–5749; email dale.e.roberts@faa.gov.

For legal questions concerning this action, contact Alex Zektser or Bonnie Dragotto, AGC–220, Office of Chief Counsel, Regulations Division, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267–3073; email: alex.zektser@faa.gov

or bonnie.dragotto@faa.gov.

**SUPPLEMENTARY INFORMATION :**  Background

On January 4, 2012, the FAA published a final rule entitled ‘‘Flightcrew Member Duty and Rest Requirements’’ (77 FR 330). In that rule, the FAA created a new part, part 117, which replaced the then-existing flight, duty, and rest regulations for part 121 passenger operations. As part of this rulemaking, the FAA also applied the new part 117 to certain part 91 operations, and it permitted all-cargo operations operating under part 121 to voluntarily opt into the part 117 flight, duty, and rest regulations.

After the final rule was published, the FAA discovered several issues requiring a technical correction in the regulatory text of the rule. These issues, and the corresponding technical corrections, are as follows.

Technical Corrections 1. Certain Domestic All-Cargo Operations (§ 121.470(b))

Under the existing rules, 14 CFR 121.470(b) states that ‘‘[c]ertificate holders conducting scheduled operations entirely within the States of Alaska or Hawaii with airplanes having a passenger seat configuration of more than 30 seats, excluding each crewmember seat, or a payload capacity of more than 7,500 pounds’’ may elect to comply with the flag flight, duty, and rest rules of part 121.

The final rule that created 14 CFR part 117 provides that all-cargo operations that do not choose to operate under part 117 will be able to operate under the same flight, duty, and rest rules that they operated under prior to the creation of part 117. 1 However, the final rule inadvertently changed the regulatory text of § 121.470(b) to apply to airplanes with a passenger seat configuration of ‘‘30 seats or fewer . . . and a payload capacity of 7,500 pounds or less.’’ 2 Because this was not the intent of the final rule, § 121.470(b) has been corrected so that all-cargo operations that previously operated pursuant to § 121.470(b) can continue to do so after the final rule becomes effective. 3 2. Conflict Between the Definitions in § 117.3 and Other Definitions

The regulatory text in § 117.3 has been corrected to clarify that if there is a conflict in definitions, the definitions in § 117.3 control only for purposes of the flight and duty limitations and rest requirements of part 117. 3. Reporting Requirements of § 117.11(c)

Section 117.11(b) permits a flightcrew member to exceed the flight-time limits of § 117.11(a) and § 117.23(b) in certain circumstances. To ensure that the FAA is notified in all instances in which the § 117.11(b) extension is utilized, § 117.11(c) has been corrected to clarify that reporting is required if the extension in § 117.11(b) is used to exceed either the limits of § 117.11 or § 117.23(b). 4. Reporting Requirements of § 117.19(b)(4)

Similar to § 117.11(b), § 117.19(b) permits a flightcrew member to exceed the flight-duty-period limits specified in Tables B and C and in § 117.23(c). To ensure that the FAA is notified in all instances in which the § 117.19(b) extension is utilized, § 117.19(b)(4) has been corrected to clarify that reporting is required if the extension in § 117.19(b) is used to exceed either the limits of Tables B/C or § 117.23. We note that while reporting is not required if the limits of Table B or C are exceeded by 30 minutes or less, the corrected § 117.19(b) requires certificate holder reporting if the limits of § 117.23 are exceeded by any amount of time.
5. Cumulative Limitations in § 117.23(b)

The cumulative flight-time limitations in § 117.23(c) have been corrected to clarify that a flightcrew member cannot accept an assignment that would cause that crewmember’s total flight duty period to exceed either 60 hours in any


### 69288 Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Rules and Regulations

168 consecutive hours or 190 hours in any 672 consecutive hours. 6. Reporting Requirements of § 117.29(e)

Similar to § 117.11(b) and § 117.19(b), § 117.29 permits a flightcrew member to exceed the cumulative limits specified in Tables A, B, and C, and in § 117.23. To ensure that the FAA is notified in all instances in which the § 117.29(b) extension is utilized, § 117.29(e) has been corrected to clarify that reporting is required if the extension in § 117.29(b) is used to exceed either the limits of Tables A/B/C or § 117.23.

Accordingly, in the final rule, FR Doc. 2011–33078, published on January 4, 2012 (77 FR 330), make the following corrections:

**§ 117.3 [Corrected]**

■ 1. On page 398, in the second column, in § 117.3, the introductory text is corrected to read as follows:

**§ 117.3 Definitions.**

In addition to the definitions in §§ 1.1 and 110.2 of this chapter, the following definitions apply to this part. In the event there is a conflict in definitions, the definitions in this part control for purposes of the flight and duty limitations and rest requirements of this part.
* * * * *

**§ 117.11 [Corrected]**

■ 2. On pages 399 and 400, in the third column on page 399 and the first column of page 400, in § 117.11, correct paragraph (c) to read as follows:

**§ 117.11 Flight time limitation.**
* * * * *

(c) Each certificate holder must report to the Administrator within 10 days any flight time that exceeded the maximum flight time limits permitted by this section or § 117.23(b). The report must contain a description of the extended flight time limitation and the circumstances surrounding the need for the extension.

* * * * *

**§ 117.19 [Corrected]**

■ 3. On page 400, in the third column, in § 117.19, correct paragraph (b)(4) to read as follows:

**§ 117.19 Flight duty period extensions.**
* * * * *

(b) * * * (4) Each certificate holder must report to the Administrator within 10 days any flight duty period that either exceeded the cumulative flight duty periods specified in § 117.23(c), or exceeded the maximum flight duty period limits permitted by Tables B or C of this part by more than 30 minutes. The report must contain a description of the circumstances surrounding the affected flight duty period.

**§ 117.23 [Corrected]**

■ 4. On page 401, in the first column, in § 117.23, paragraph (c)(1) is corrected to read as follows:

**§ 117.23 Cumulative limitations**
* * * * *

(c) * * * (1) 60 flight duty period hours in any 168 consecutive hours or

* * * * *

**§ 117.29 [Corrected]**

■ 5. On page 401, in the third column, in § 117.29, correct paragraph (e) to read as follows:

**§ 117.29 Emergency and government sponsored operations.** 
* * * * *

(e) Each certificate holder must report within 10 days:

(1) Any flight duty period that exceeded the maximum flight duty period permitted in Tables B or C of this part, as applicable, by more than 30 minutes;

(2) Any flight time that exceeded the maximum flight time limits permitted in Table A of this part and § 117.11, as applicable; and

(3) Any flight duty period or flight time that exceeded the cumulative limits specified in § 117.23.

* * * * *

**§ 121.470 [Corrected]**

■ 6. On page 403, in the first column, in § 121.470, correct paragraph (b) to read as follows:

**§ 121.470 Applicability.**
* * * * *

(b) Certificate holders conducting scheduled operations entirely within the States of Alaska or Hawaii with airplanes having a passenger seat configuration of more than 30 seats, excluding each crewmember seat, or a payload capacity of more than 7,500 pounds, may comply with the requirements of this subpart or subpart R of this part for those operations.

* * * * *

Issued in Washington, DC, on November 12, 2013. Mark W. Bury, Assistant Chief Counsel for International Law, Legislation, and Regulations Division, AGC–
200.
[FR Doc. 2013–27539 Filed 11–18–13; 8:45 am]

**BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE** 

**Foreign-Trade Zones Board**

**15 CFR Part 400**

**[Docket No.: 131105932–3932–01]**

**RIN 0625–AA98**

**Import Administration; Change of Agency Name** 

**AGENCY :**  Foreign-Trade Zones Board, International Trade Administration, Commerce.

**ACTION :**  Final rule; nomenclature change.

**SUMMARY :**  Effective October 1, 2013, the Department of Commerce (Department), through internal department organizational orders, changed the name of ‘‘Import Administration’’ to ‘‘Enforcement and Compliance.’’ Consistent with this action, this rule makes appropriate conforming changes in part 400 of title 15 of the Code of Federal Regulations.

The rule also sets forth a Savings Provision that preserves, under the new name, all actions taken under the name of Import Administration and provides that any references to Import Administration in any document or other communication shall be deemed to be references to Enforcement and Compliance.

**DATES :**  This rule is effective on November 19, 2013.

**FOR FURTHER INFORMATION CONTACT :**  Andrew McGilvray, Executive Secretary, Foreign-Trade Zones Board, Telephone: (202) 482–2862; Joanna Theiss, Attorney, Office of Chief Counsel for Trade Enforcement and Compliance, Telephone: (202) 482–
5052.

**SUPPLEMENTARY INFORMATION :**  Background

This rule implements the decision by the Department of Commerce, through internal Department Organizational Order 10–3 (effective September 18, 2013) and Department Organizational Order 40–1, (effective September 19, 2013), to consolidate and reorganize certain Department organizational functions and revise the name of ‘‘Import Administration’’ to ‘‘Enforcement and Compliance.’’ The revision more accurately reflects the breadth of the agency’s activities with respect to the enforcement of, and compliance with, U.S. trade laws. Consistent with the consolidation and name change, this rule makes a number of changes in part 400 of title 15 of the