Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations 34925 

We agree and added a reference to 

EASA AD 2009–0270 in the AD. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

received, and determined that air safety 

and the public interest require adopting 

the AD with the changes described 

previously. We have determined that 

these changes will neither increase the 

economic burden on any operator nor 

increase the scope of the AD. 

Costs of Compliance 

We estimate that this AD will affect 

two engines installed on airplanes of 

U.S. registry. The pro-rated cost of the 

replacement parts is $40,375 per engine. 

We estimate that no additional labor 

costs will be incurred to perform the 

required disk removals, because the 

removals will be done at time of engine 

shop visit. Based on these figures, we 

estimate the total cost of the AD to U.S. 

operators to be $80,750. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in subtitle VII, 

part A, subpart III, section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a summary of the costs 

to comply with this AD and placed it in 

the AD Docket. You may get a copy of 

this summary at the address listed 

under ADDRESSES. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends 14 CFR part 39 as follows: 

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: 

2010–13–09 CFM International, S.A.: 

Amendment 39–16340. Docket No. 

FAA–2010–0026; Directorate Identifier 

2010–NE–03–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective July 26, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to: 

(1) CFM International CFM56–5, –5B, and 

–7B series turbofan engines with stage 3 lowpressure turbine (LPT) disks part number 

(P/N) 336–002–006–0, installed with the 

following serial numbers (S/Ns), DE255844, 

DE256388, DE256622, DE256623, DE256625, 

DE256627, DE256628, DE256631, and 

DE256637. 

(2) CFM International, S.A. has stated that 

none of these affected disk S/Ns were 

originally installed on any CFM56–5 turbofan 

engine, however, that disk P/N is certified for 

use on CFM56–5 engines. 

(3) The –5 and –5B series engines are 

installed on, but not limited to, Airbus A318, 

A319, A320, and A321 airplanes, and the –7B 

series engines are installed on, but not 

limited to, Boeing 737 series airplanes. 

Unsafe Condition 

(d) This AD results from the discovery of 

a material nonconformity requiring removal 

of the disk before the certified disk life of 

certain stage 3 LPT disks. We are issuing this 

AD to prevent uncontained failure of the 

stage 3 LPT disk and damage to the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance time specified unless the 

actions have already been done. 

Removal of Affected Stage 3 LPT Disks From 

Service 

(f) Before accumulating 9,500 cycles-sincenew, remove stage 3 LPT disks from service. 

(g) After the effective date of this AD, do 

not reinstall any stage 3 LPT disk removed 

from service per paragraph (f) of this AD into 

any engine. 

Alternative Methods of Compliance 

(h) The Manager, Engine Certification 

Office, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Related Information 

(i) Contact Antonio Cancelliere, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine & Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: antonio.cancelliere@faa.gov; 

telephone (781) 238–7751; fax (781) 238– 

7199, for more information about this AD. 

(j) European Aviation Safety Agency AD 

2009–0270, dated December 17, 2009, also 

addresses the subject of this AD. 

(k) CFM International, S.A. Service 

Bulletin (SB) No. CFM56–5B S/B 72–0733, 

dated October 26, 2009, and SB No. CFM56– 

7B S/B 72–0743, dated October 26, 2009, 

pertain to the subject of this AD. Contact 

CFM International, Technical Publications 

Department, 1 Neumann Way, Cincinnati, 

OH 45215; telephone (513) 552–2800; fax 

(513) 552–2816, for a copy of this service 

information. 

Material Incorporated by Reference 

(l) None. 

Issued in Burlington, Massachusetts, on 

June 15, 2010. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–14819 Filed 6–18–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Part 234 

[Docket No. DOT–OST–2007–0022] 

RIN No. 2105–AE02 

Posting of Flight Delay Data on Web 

Sites 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Direct Final Rule, request for 

comments. 

SUMMARY: This direct final rule amends 

the time period for uploading flight 

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34926 Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations 

performance information to an air 

carrier’s Web site from anytime between 

the 20th and 23rd day of the month to 

the fourth Saturday of the month. The 

intended effect of this rule is to provide 

regulatory relief to industry by allowing 

carriers to follow standard industry 

practice of updating flight information 

such as schedule changes on Saturday. 

This action is necessary to address 

difficulties concerning implementation 

and compliance with the requirement to 

post flight delay data on carriers’ Web 

sites. Moreover, this change would 

further the Department’s goal of having 

all carriers upload flight information at 

the same time, thus ensuring passengers 

are comparing flight performance data 

from the same time period. The 

amendment contained in this rule is a 

minor substantive change, in the public 

interest, and unlikely to result in 

adverse comment. 

DATES: This final rule is effective July 

21, 2010, unless an adverse comment or 

notice to file an adverse comment is 

received by July 6, 2010. OST will 

publish in the Federal Register a timely 

document confirming the effective date 

of this final rule. 

ADDRESSES: You may file comments 

identified by the docket number DOT– 

OST–2007–0022 by any of the following 

methods: 

Æ Federal eRulemaking Portal: go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

Æ Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave., SE., Room W12–140, 

Washington, DC 20590–0001. 

Æ Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Ave., SE., between 9 

a.m. and 5 p.m. ET, Monday through 

Friday, except Federal Holidays. 

Æ Fax: (202) 493–2251. 

Instructions: You must include the 

agency name and docket number DOT– 

OST–2007–0022 or the Regulatory 

Identification Number (RIN) for the 

rulemaking at the beginning of your 

comment. All comments received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received in any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment if 

submitted on behalf of an association, a 

business, a labor union, etc.). You may 

review DOT’s complete Privacy Act 

statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or to the street 

address listed above. Follow the online 

instructions for accessing the docket. 

FOR FURTHER INFORMATION CONTACT: 

Blane A. Workie, Deputy Assistant 

General Counsel, Office of the Assistant 

General Counsel for Aviation 

Enforcement and Proceedings, U.S. 

Department of Transportation, 1200 

New Jersey Ave., SE., Washington, DC 

20590, 202–366–9342 (phone), 202– 

366–7152 (fax), blane.workie@dot.gov 

(e-mail). 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of Transportation 

requires that certificated air carriers that 

account for at least 1 percent of 

domestic scheduled passenger revenues 

(reporting carriers) provide certain flight 

delay data on their Web sites. Under 

that provision, a reporting carrier must 

display on its Web site between the 20th 

and 23rd day of the month the prior 

month’s flight delay information for 

each flight it operates and for each flight 

its U.S. code-share partners operate for 

which schedule information is 

available. More specifically, the 

provision requires that reporting carriers 

provide on their Web sites the following 

on-time performance information: (1) 

The percentage of arrivals that were on 

time—i.e., within 15 minutes of 

scheduled arrival time; (2) the 

percentage of arrivals that were more 

than 30 minutes late (including special 

highlighting if the flight was more than 

30 minutes late more than 50 percent of 

the time); and (3) the percentage of 

flight cancellations if 5 percent or more 

of the flight’s operations were canceled 

in the month covered. The first time 

carriers must load the flight delay 

information onto their Web sites is 

between July 20 and 23, 2010, for June 

data. 

On May 7, 2010, the Air Transport 

Association of America (ATA), the 

Regional Airline Association (RAA) and 

the Air Carrier Association of America 

(ACAA) submitted a joint petition to the 

Department requesting a change of the 

date to upload flight data from the 20th 

to the 23rd of the month, which 

sometimes does not fall on a Saturday, 

to a set Saturday, as this would allow 

carriers to follow standard industry 

practice of updating flight information 

such as schedule changes on Saturdays. 

In addition, the carrier associations 

requested that the specific date for 

uploading flight performance 

information on Web sites be the fourth 

Saturday of the month to avoid a 

conflict with the requirement to file 

other flight performance information 

with the Department’s Bureau of 

Transportation Statistics (BTS) on the 

15th day of the month, which at times 

falls on the third Saturday of the month. 

The carrier associations explain that 

carriers use the same technical 

personnel and resources for both 

activities and having the carriers file 

required BTS data and upload flight 

performance information to a carrier’s 

Web site on the same day would 

increase their cost burdens. ATA, RAA, 

and ACAA are also concerned that if 

DOT were to require that Web sites be 

updated on the third Saturday of the 

month there would be certain months 

where the reporting carriers would be 

required to upload information on their 

Web sites before submitting the flight 

data to BTS. ATA, RAA, and ACAA 

represent all but one of the carriers 

covered by the requirement to post 

flight delay data. The only reporting 

carrier that is not represented by these 

associations is Mesa, and the carrier 

associations have indicated in their 

petition that Mesa supports their 

request. 

In addition, this change in the rule 

would be beneficial to consumers as it 

would require carriers to load data for 

the previous month on a particular day 

instead of allowing carriers to load 

information on their Web site over 

several days, thereby ensuring 

passengers are better able to compare 

flight performance data. It is also worth 

noting that when we requested 

comment in the NPRM on the proposal 

that carriers load data for the previous 

month between the 20th and 23rd day 

of the current month, we received no 

comments. See 73 FR 74586 (December 

8, 2008). 

The Direct Final Rule Procedure 

On January 30, 2004, OST published 

a final rule adopting direct final 

rulemaking procedures intended to 

expedite the rulemaking process for 

noncontroversial rules (69 FR 4455). By 

using direct final rulemaking, OST can 

reduce the time necessary to develop, 

review, clear and publish a rule to 

which no adverse public comment is 

anticipated by eliminating the need to 

publish separate proposed and final 

rules. 

OST anticipates that this amendment 

will not result in adverse or negative 

comment and, therefore, is issuing it as 

a direct final rule. Unless a written 

adverse or negative comment, or a 

written notice of intent to submit an 

adverse or negative comment is received 

within the comment period, the 

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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations 34927 

regulation will become effective on the 

date specified above. In that event, after 

the close of the comment period OST 

will publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the date on which the final 

rule will become effective. If OST does 

receive, within the comment period, an 

adverse or negative comment, or written 

notice of intent to submit such a 

comment, a document withdrawing the 

direct final rule will be published in the 

Federal Register, and a notice of 

proposed rulemaking may be published 

with a new comment period. 

Comments Invited 

Interested parties are invited to 

participate in this rulemaking by 

submitting such written data, views, or 

arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. 

Regulatory Analyses and Notices 

A. Executive Order 12866 (Regulatory 

Planning and Review) and DOT 

Regulatory Policies and Procedures 

This final rule is not a significant 

regulatory action under Executive Order 

12866 and the Department of 

Transportation’s Regulatory Policies and 

Procedures. Accordingly, this final rule 

has not been reviewed by the Office of 

Management and Budget (OMB). 

B. Regulatory Flexibility Act 

Pursuant to section 605 of the 

Regulatory Flexibility Act (RFA), 5 

U.S.C. 605(b), as amended by the Small 

Business Regulatory Enforcement and 

Fairness Act of 1996 (SBREFA), DOT 

certifies that this final rule does not 

have a significant economic impact on 

a substantial number of small entities. 

The final rule does not impose any 

duties or obligations on small entities. 

C. Executive Order 13132 (Federalism) 

This Final Rule does not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, and therefore does 

not have federalism implications. 

D. Executive Order 13084 

This Final Rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13084 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because the rule does not significantly 

or uniquely affect the communities of 

the Indian tribal governments or impose 

substantial direct compliance costs on 

them, the funding and consultation 

requirements of Executive Order 13084 

do not apply. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(PRA) (44 U.S.C. 3501 et seq.) requires 

that DOT consider the impact of 

paperwork and other information 

collection burdens imposed on the 

public and, under the provisions of PRA 

section 3507(d), obtain approval from 

the Office of Management and Budget 

(OMB) for each collection of 

information it conducts, sponsors, or 

requires through regulations. DOT has 

determined that there is no new 

information collection requirements 

associated with this final rule. 

F. Unfunded Mandates Reform Act 

The Department has determined that 

the requirements of Title II of the 

Unfunded Mandates Reform Act of 1995 

do not apply to this Final Rule. 

Issued June 16, 2010, in Washington, DC. 

Ray LaHood, 

Secretary of Transportation. 

List of Subjects in 14 CFR Part 234 

Air carriers, Consumer protection, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, the Department amends 14 

CFR part 234 as follows: 

PART 234—AIRLINE SERVICE 

QUALITY PERFORMANCE REPORTS 

■ 1. The authority citation for Part 234 

continues to read as follows: 

Authority: 49 U.S.C. 329 and chapters 401 

and 417. 

■ 2. In § 234.11, revise paragraph (c) to 

read as follows: 

§ 234.11 Disclosure to consumers. 

* * * * * 

(c) The first time each carrier must load the 

information whose disclosure is required 

under paragraphs (a) and (b) of this section 

onto its Web site is on Saturday, July 24, 

2010, for June data. Carriers must load all 

subsequent flight performance information 

on the fourth Saturday of the month 

following the month that is being reported. 

* * * * * 

[FR Doc. 2010–15000 Filed 6–17–10; 11:15 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0525] 

RIN 1625–AA00 

Safety Zone; Parade of Ships, Seattle 

SeaFair Fleet Week, Pier 66, Elliott Bay, 

WA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

extending 100 yards from Pier 66, Elliott 

Bay, Washington to ensure adequate 

safety of the boating public during naval 

and aerial spectator events associated 

with the Parade of Ships for the annual 

Seattle SeaFair Fleet Week. This action 

is intended to restrict vessel traffic 

movement and entry into, transit 

through, mooring, or anchoring within 

these zones is prohibited unless 

authorized by the Captain of the Port, 

Puget Sound or Designated 

Representative. 

DATES: This rule is effective from 8 a.m. 

until 8 p.m. on August 4, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket USCG–2010– 

0525 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0525 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ This 

material is also available for inspection 

or copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Ensign Ashley M. 

Wanzer, Sector Seattle Waterways 

Management, Coast Guard; telephone 

206–217–6175, e-mail 

SectorSeattleWWM@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

mstockstill on DSKH9S0YB1PROD with RULES