34534 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Rules and Regulations 

Conclusion 

This action affects only certain novel 

or unusual design features on the 

Gulfstream Model GVII series airplanes. 

It is not a rule of general applicability. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

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

44702, 44704. 

The Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the following special 

conditions are issued, in lieu of 

§ 25.397(c), as part of the typecertification basis. 

For Gulfstream Model GVII series 

airplanes equipped with side-stick 

controls designed for forces to be 

applied by one wrist and not arms, the 

limit pilot forces are as follows. 

1. For all components between and 

including the side-stick controlassembly handle and its control stops: 

Pitch Roll 

Nose up, 200 lbf ....... Nose left, 100 lbf. 

Nose down, 200 lbf ... Nose right, 100 lbf. 

2. For all other components of the 

side-stick control assembly, but 

excluding the internal components of 

the electrical sensor assemblies, to avoid 

damage to the control system as the 

result of an in-flight jam: 

Pitch Roll 

Nose up, 125 lbf ....... Nose left, 50 lbf. 

Nose down, 125 lbf ... Nose right, 50 lbf. 

Issued in Renton, Washington, on June 2, 

2015. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2015–14904 Filed 6–16–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–23706; Directorate 

Identifier 2006–NE–03–AD; Amendment 39– 

18177; AD 2014–12–04] 

RIN 2120–AA64 

Airworthiness Directives; Honeywell 

International Inc. Turboprop Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding 

airworthiness directive (AD) 2006–15– 

08 for all Honeywell International Inc. 

TPE331–1, –2, –2UA, –3U, –3UW, –5, 

–5A, –5AB, –5B, –6, –6A, –10, –10AV, 

–10GP, –10GT, –10P, –10R, –10T, –10U, 

–10UA, –10UF, –10UG, –10UGR, 

–10UR, –11U, –12JR, –12UA, –12UAR, 

and –12UHR turboprop engines with 

certain Honeywell part numbers (P/Ns) 

of Woodward fuel control unit (FCU) 

assemblies, installed. AD 2006–15–08 

required initial and repetitive 

dimensional inspections of the fuel 

control drives for wear, and replacement 

of the FCU and fuel pump. This new AD 

requires initial and repetitive 

dimensional inspections of the affected 

fuel control drives and insertion of 

certain airplane operating procedures 

into the applicable flight manuals. This 

AD was prompted by reports of loss of 

the fuel control drive, leading to engine 

overspeed, overtorque, overtemperature, 

uncontained rotor failure, and 

asymmetric thrust in multi-engine 

airplanes. We are issuing this AD to 

prevent failure of the fuel control drive 

that could result in damage to the 

engine and airplane. 

DATES: This AD is effective July 22, 

2015. 

ADDRESSES: For service information 

identified in this AD, contact Honeywell 

International Inc., 111 S 34th Street, 

Phoenix, AZ 85034–2802; phone: 800– 

601–3099; Internet: https://

myaerospace.honeywell.com/wps/

portal/!ut/. You may view this service 

information at the FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7125. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2006– 

23706; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Costa, Aerospace Engineer, Los 

Angeles Aircraft Certification Office, 

FAA, Transport Airplane Directorate, 

3960 Paramount Blvd., Lakewood, CA 

90712–4137; phone: 562–627–5246; fax: 

562–627–5210; email: joseph.costa@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2006–15–08, 

Amendment 39–14688 (71 FR 41121, 

July 20, 2006), (‘‘AD 2006–15–08’’). AD 

2006–15–08 applied to all Honeywell 

International Inc. TPE331–1, –2, –2UA, 

–3U, –3UW, –5, –5A, –5AB, –5B, –6, 

–6A, –10, –10AV, –10GP, –10GT, –10P, 

–10R, –10T, –10U, –10UA, –10UF, 

–10UG, –10UGR, –10UR, –11U, –12JR, 

–12UA, –12UAR, and –12UHR 

turboprop engines with certain 

Honeywell part numbers (P/Ns) of 

Woodward FCU assemblies, installed. 

The NPRM published in the Federal 

Register on March 19, 2014 (79 FR 

15261). The NPRM was prompted by 

reports of loss of the fuel control drive, 

leading to engine overspeed, overtorque, 

overtemperature, uncontained rotor 

failure, and asymmetric thrust in multiengine airplanes. The NPRM proposed 

to continue to require initial and 

repetitive dimensional inspections of 

the affected fuel control drives but 

would no longer require the installation 

of a modified FCU. The NPRM also 

proposed to require insertion of certain 

airplane operating procedures into the 

applicable flight manuals. We are 

issuing this AD to prevent failure of the 

fuel control drive that could result in 

damage to the engine and airplane. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the NPRM (79 FR 15261, 

March 19, 2014) and the FAA’s response 

to each comment. 


srobinson on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Rules and Regulations 34535 

Disagreement With the Elimination of 

Requirement To Install a Modified FCU 

Honeywell International Inc. 

(Honeywell) and an individual 

commenter indicated that the NPRM 

should mandate the installation of the 

FCU because of the benefits it provides. 

In addition, both commenters disagreed 

with the FAA that the modified FCU 

contributed to the rate of in-flight 

shutdowns (IFSDs) and that the inherent 

risk of repetitive inspections does not 

support the elimination of the 

overspeed governor (OSG) modification 

requirement of AD 2006–15–08. 

We disagree. We eliminated the 

mandatory installation of recently 

certified, modified FCUs due to the 

numerous reports of unscheduled 

removals and the IFSDs caused by the 

recent design changes incorporated in 

the modified FCU. We did not change 

this AD. 

Request Change to Costs of Compliance 

Honeywell indicated that the cost for 

repetitive inspections is not accurate. 

Honeywell estimates that, without a 

change in design, a limitless number of 

inspections would be needed over the 

life of the engine. 

We agree. Numerous fuel control 

drive inspections could be needed over 

the life of the engine. The Costs of 

Compliance paragraph was changed to 

reflect an annual cost of compliance 

which was based on the fleet costs as 

reflected in the NPRM. 

Request To Change the Applicability 

Honeywell requested that engines in 

Group #4 reflect the engines associated 

with FCU assembly P/Ns being added to 

the Applicability paragraph for added 

clarity. 

We agree. We changed Table 1 to 

paragraph (c) of this AD to clarify the 

Group #4 engine models as follows: 

‘‘Group #4 TPE331–3U, –3UW, –5, –5B, 

–6, –6A, and –10T’’. 

Request To Change the Applicability 

Honeywell requested that clarification 

be provided for FCU P/Ns of Woodward 

fuel control units. The Applicability 

paragraph refers to P/Ns as Woodward 

P/Ns when the listed P/Ns are 

Honeywell P/Ns for Woodward FCUs. 

We agree. We changed paragraph (c) 

of this AD to read, ‘‘. . . turboprop 

engines with Honeywell part numbers 

(P/Ns) for Woodward fuel control unit 

(FCU) assemblies listed in Table 1 to 

paragraph (c) of this AD, installed.’’ 

Request Redundant Term Be Removed 

From the Compliance 

Honeywell requested that ‘‘spline’’ be 

removed from the fuel control drive 

inspection as stated in the Compliance 

paragraph. This change is consistent 

with the Compliance and the 

Definitions paragraphs in AD 2006–15– 

08. 

We agree. We changed paragraphs 

(e)(1)(i) and (e)(2)(ii) to read: ‘‘Inspect 

the fuel control drive for wear.’’ 

Request To Change Related Information 

Honeywell requested that the 

publications listed in Related 

Information, paragraph (i)(2), be referred 

to as airplane publications and not as 

obtainable from Honeywell 

International. The reason for this 

request is that the Airplane Flight 

Manual (AFM), the Pilot Operating 

Handbook (POH), and the 

Manufacturer’s Operating Manual 

(MOM) are airplane publications and 

cannot be obtained from Honeywell. 

We agree that the AFM, POH, and the 

MOM are airplane manuals. As a result 

of reviewing this comment, we decided 

that mentioning all applicable owners of 

airplane manuals is unnecessary in the 

related information section of this AD. 

Request To Change Airplane Operating 

Procedures 

Honeywell requested that reference to 

the ‘‘Loss of Fuel Control Drive’’ be 

changed to ‘‘Loss of the drive between 

the engine driven fuel pump and the 

fuel control governor.’’ This change 

would eliminate confusion between the 

loss of the accessory drive gearing to the 

fuel pump with the loss of the fuel 

control drive. 

We agree that the term ‘‘fuel control 

drive’’ is not a term used in airplane 

operating procedures. We removed the 

term ‘‘fuel control drive’’ from the 

Airplane Operating Procedures in this 

AD and made other changes to simplify 

and clarify Figure 1 to paragraph (e) of 

this AD. 

Request To Change Airplane Operating 

Procedures 

One commenter requested a revision 

of the Operating Procedure ‘‘Warnings’’ 

in the NPRM to clearly address 

overspeed during start and immediately 

after start before the propeller has been 

removed from the start locks. This 

change would provide clarification and 

enhance safety. 

We disagree. The Loss of Fuel Control 

Drive causing rapid, uncommanded 

acceleration during engine start is as 

unsafe as the Loss of Fuel Control Drive 

immediately after start when the engine 

is stable before the propeller is removed 

from the start locks. However, since the 

observed effects for these two 

conditions are the same, we combined 

both instances as ‘‘Rapid, 

Uncommanded Acceleration During 

Engine Start’’. 

Request To Change Airplane Operating 

Procedures 

The commenter requested changing 

the operating procedures for when the 

propeller is off the start locks to address 

the rapid uncommanded, uncontrolled 

increase in revolutions-per-minute 

(RPM). The commenter believes that if 

the fuel control drive fails when the 

propeller is off the start locks the 

engine’s propeller governor will control 

and stabilize the engine RPM. 

We disagree with the commenter’s 

justification because test data has shown 

that the engine propeller governor will 

not control and stabilize the engine 

RPM if the fuel control drive fails when 

the propeller is off the start locks. A 

rapid, uncommanded, uncontrolled 

increase in RPM is most evident during 

partial or full reverse. We simplified the 

operating procedure by removing the 

statement ‘‘Power—Move power lever to 

or toward flight idle as required to 

maintain engine limits’’ with the 

propeller off the start locks as proposed 

in the NPRM. We changed Figure 1 to 

paragraph (e) of this AD by adding the 

following: ‘‘Engine shut down—Move 

condition lever to EMERGENCY STOP’’. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting this AD 

with the changes described previously 

and minor editorial changes. We have 

determined that these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

We also determined that these 

changes will not increase the economic 

burden on any operator or increase the 

scope of this AD. 

Costs of Compliance 

We estimate that this AD will affect 

2,250 engines installed on airplanes of 

U.S. registry. We estimate that it will 

take 8 hours per engine to perform an 

FCU inspection. The average labor rate 

is $85 per hour. Due to the more 

frequent inspections proposed by this 

AD, we estimate 10% of affected 

engines will require FCU assembly stub 

shaft replacement, and fuel pump or 

fuel control repair. We also estimate that 

repairs will not exceed $10,000 per 

engine. Based on these figures, we 

estimate the cost of this AD on U.S. 

operators to be $525,587 per year. 


srobinson on DSK5SPTVN1PROD with RULES
34536 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Rules and Regulations 

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), 

(3) Will not affect intrastate aviation 

in Alaska to the extent that it justifies 

making a regulatory distinction, and 

(4) 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA 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 

removing airworthiness directive (AD) 

2006–15–08, Amendment 39–14688 (71 

FR 41121, July 20, 2006), and adding the 

following new AD: 

2015–12–04 Honeywell International Inc.: 

Amendment 39–18177454851; Docket 

No. FAA–2006–23706; Directorate 

Identifier 2006–NE–03–AD. 

(a) Effective Date 

This AD is effective July 22, 2015. 

(b) Affected ADs 

This AD replaces AD 2006–15–08, 

Amendment 39–14688 (71 FR 41121, July 20, 

2006). 

(c) Applicability 

This AD applies to all Honeywell 

International Inc. TPE331–1, –2, –2UA, –3U, 

–3UW, –5, –5A, –5AB, –5B, –6, –6A, –10, 

–10AV, –10GP, –10GT, –10P, –10R, –10T, 

–10U, –10UA, –10UF, –10UG, –10UGR, 

–10UR, –11U, –12JR, –12UA, –12UAR, and 

–12UHR turboprop engines with Honeywell 

part numbers (P/Ns) for Woodward fuel 

control unit (FCU) assemblies listed in Table 

1 to paragraph (c) of this AD, installed. 

TABLE 1 TO PARAGRAPH (c)—AFFECTED FCU ASSEMBLY P/NS

Group No. Engine FCU assembly P/Ns 

1 ......................... TPE331–1, –2, and –2UA ....................... P/N 869199–13, –20, –21, –22, –23, –24, –25, –26, –27, –28, –29, –31, –32, 

–33, –34, and –35. 

2 * ....................... TPE331–1, –2, and –2UA ....................... P/N 869199–9, –10, –11, –12, –14, –16, –17, and –18. 

3 ......................... TPE331–3U, –3UW, –5, –5A, –5AB, 

–5B, –6, –6A, –l0AV, –10GP, –10GT, 

–l0P, and –l0T.

P/N 893561–7, –8, –9, –10, –11, –14, –15, –16, –20, –26, –27, and –29; or P/N 

897770–1, –3, –7, –9, –10, –11, –12, –14, –15, –16, –25, –26, and –28. 

4 * ....................... TPE331–3U, –3UW, –5, –5B, –6, –6A, 

and –10T.

P/N 893561–4, –5, –12, and –13 or P/N 897770–5, –8, and –13. 

5 ......................... TPE331–10, –10R, –10U, –10UA, 

–10UF, –10UG, –10UGR, –10UR, 

–11U, –12JR, –12UA, –12UAR, and 

–12UHR.

P/N 897375–2, –3, –4, –5, –8, –9, –10, –11, –12, –13, –14, –15, –16, –17, –19, 

–21, –24, –25, –26, and –27; or P/N 897780–1, –2, –3, –4, –5, –6, –7, –8, –9, 

–10, –11, –14, –15, –16, –17, –18, –19, –20, –21, –22, –23, –24, –25, –26, 

–27, –30, –32, –34, –36, –37, and –38; or P/N 893561–17, –18, and –19. 

* New/added FCU assembly P/Ns 

(d) Unsafe Condition 

We are issuing this AD to prevent failure 

of the fuel control drive that could result in 

damage to the engine and airplane. 

(e) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(1) Inspection of Engines With FCU Assembly 

P/Ns in Groups 2 and 4 

For FCU assembly P/Ns in Groups 2 and 

4 listed in Table 1 to paragraph (c) of this AD: 

(i) At the next scheduled inspection of the 

fuel control drive, or within 500 hours-inservice (HIS) after the effective date of this 

AD, whichever occurs first, inspect the fuel 

control drive for wear. 

(ii) Thereafter, re-inspect the fuel control 

drive within every 1,000 HIS since-lastinspection (SLI). 

(2) Inspection of Engines With FCU Assembly 

P/Ns in Groups 1, 3, and 5 

For FCU assembly P/Ns in Groups 1, 3, or 

5 listed in Table 1 to paragraph (c) of this AD: 

(i) If on the effective date of this AD the 

FCU assembly has 950 or more HIS SLI, 

inspect the fuel control drive for wear within 

50 HIS from the effective date of this AD. 

(ii) If on the effective date of this AD the 

FCU assembly has fewer than 950 HIS SLI, 

inspect the fuel control drive for wear before 

reaching 1,000 HIS. 

(iii) Thereafter, re-inspect the fuel control 

drive for wear within every 1,000 HIS SLI. 

(3) Airplane Operating Procedures 

Within 60 days after the effective date of 

this AD, insert the information in Figure 1 to 

paragraph (e) of this AD, into the Emergency 

Procedures Section of the Airplane Flight 

Manual (AFM), Pilot Operating Handbook 

(POH), and the Manufacturer’s Operating 

Manual (MOM). 


srobinson on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Rules and Regulations 34537 

(f) Optional Terminating Action 

Replacing the affected FCU assembly with 

an FAA-approved FCU assembly P/N not 

listed in this AD is terminating action for the 

initial and repetitive inspections required by 

this AD, and for inserting the information in 

Figure 1 to paragraph (e) of this AD into the 

AFM, POH, and MOM. 

(g) Definitions 

For the purposes of this AD: 

(1) The ‘‘fuel control drive’’ is a series of 

mating splines located between the fuel 

pump and fuel control governor. 

(2) The fuel control drive consists of four 

drive splines: The fuel pump internal spline, 

the fuel control external ‘‘quill shaft’’ spline, 

and the stub shaft internal and external 

splines. 

(h) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Los Angeles Aircraft 

Certification Office, FAA, may approve 

AMOCs for this AD. Use the procedures 

found in 14 CFR 39.19 to make your request. 

(i) Related Information 

(1) For more information about this AD, 

contact Joseph Costa, Aerospace Engineer, 

Los Angeles Aircraft Certification Office, 

FAA, Transport Airplane Directorate, 3960 

Paramount Blvd., Lakewood, CA 90712– 

4137; phone: 562–627–5246; fax: 562–627– 

5210; email: joseph.costa@faa.gov. 

(2) Information pertaining to operating 

recommendations for affected engines after a 

fuel control drive failure is contained in 

Honeywell International Inc., Operating 

Information Letter (OIL) OI331–12R6, dated 

May 26, 2009, for multi-engine airplanes; and 

in OIL OI331–18R4, dated May 26, 2009, for 

single-engine airplanes. Information on fuel 

control drive inspection can be found in 

Section 72–00–00 of the applicable TPE331 

maintenance manuals. These Honeywell 

International Inc., OILs and the TPE331 

maintenance manuals, which are not 

incorporated by reference in this AD, can be 

obtained from Honeywell International Inc., 

using the contact information in paragraph 

(i)(3) of this AD. 

(3) For service information identified in 

this AD, contact Honeywell International 

Inc., 111 S. 34th Street, Phoenix, AZ 85034– 

2802; Internet: https://

myaerospace.honeywell.com/wps/portal/!ut; 

phone: 800–601–3099. 

(4) You may view this service information 

at the FAA, Engine & Propeller Directorate, 

12 New England Executive Park, Burlington, 

MA. For information on the availability of 

this material at the FAA, call 781–238–7125. 

(j) Material Incorporated by Reference 

None. 


srobinson on DSK5SPTVN1PROD with RULESER17JN15.000</GPH>
34538 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Rules and Regulations 

Issued in Burlington, Massachusetts, on 

June 5, 2015. 

Ann C. Mollica, 

Acting Directorate Manager, Engine & 

Propeller Directorate, Aircraft Certification 

Service. 

[FR Doc. 2015–14694 Filed 6–16–15; 8:45 am] 

BILLING CODE 4910–13–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Part 1611 

Privacy Act Regulations 

CFR Correction 

■ In Title 29 of the Code of Federal 

Regulations, Parts 900 to 1899, revised 

as of July 1, 2014, on page 257, in 

§ 1611.3, in paragraph (b)(3), the address 

‘‘1801 L Street NW.’’ is corrected to read 

‘‘131 M Street NE.’’. 

[FR Doc. 2015–14654 Filed 6–16–15; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

Approval and Promulgation of 

Implementation Plans 

CFR Correction 

In Title 40 of the Code of Federal 

Regulations, Part 52 (§§ 52.1019 to 

52.2019), revised as of July 1, 2014, on 

page 649, in § 52.1881, paragraph (b) is 

removed and reserved. 

[FR Doc. 2015–14652 Filed 6–16–15; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120815345–3525–02] 

RIN 0648–XD988 

Snapper-Grouper Fishery of the South 

Atlantic; 2015 Commercial 

Accountability Measure and Closure 

for the South Atlantic Lesser 

Amberjack, Almaco Jack, and Banded 

Rudderfish Complex 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures (AMs) for the 

commercial sector for the lesser 

amberjack, almaco jack, and banded 

rudderfish complex in the South 

Atlantic for the 2015 fishing year 

through this temporary rule. 

Commercial landings for the lesser 

amberjack, almaco jack, and banded 

rudderfish complex, as estimated by the 

Science and Research Director, are 

projected to reach their combined 

commercial annual catch limit (ACL) on 

June 23, 2015. Therefore, NMFS closes 

the commercial sector for this complex 

on June 23, 2015, through the remainder 

of the fishing year in the exclusive 

economic zone (EEZ) of the South 

Atlantic. This closure is necessary to 

protect the lesser amberjack, almaco 

jack, and banded rudderfish resources. 

DATES: This rule is effective 12:01 a.m., 

local time, June 23, 2015, until 12:01 

a.m., local time, January 1, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Hayslip, NMFS Southeast 

Regional Office, telephone: 727–824– 

5305, email: catherine.hayslip@

noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic, which includes the lesser 

amberjack, almaco jack, and banded 

rudderfish complex, is managed under 

the Fishery Management Plan for the 

Snapper-Grouper Fishery of the South 

Atlantic Region (FMP). The FMP was 

prepared by the South Atlantic Fishery 

Management Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

The combined commercial ACL for 

the lesser amberjack, almaco jack, and 

banded rudderfish complex is 189,422 

lb (85,920 kg), round weight. Under 50 

CFR 622.193(l)(1)(i), NMFS is required 

to close the commercial sector for the 

lesser amberjack, almaco jack, and 

banded rudderfish complex when the 

commercial ACL has been reached, or is 

projected to be reached, by filing a 

notification to that effect with the Office 

of the Federal Register. NMFS has 

determined that the commercial sector 

for this complex is projected to reach 

the ACL on June 23, 2015. Therefore, 

this temporary rule implements an AM 

to close the commercial sector for the 

lesser amberjack, almaco jack, and 

banded rudderfish complex in the South 

Atlantic, effective 12:01 a.m., local time 

June 23, 2015. 

The operator of a vessel with a valid 

commercial vessel permit for South 

Atlantic snapper-grouper having lesser 

amberjack, almaco jack, or banded 

rudderfish on board must have landed 

and bartered, traded, or sold such 

species prior to 12:01 a.m., local time, 

June 23, 2015. During the closure, the 

bag limit specified in 50 CFR 

622.187(b)(8) and the possession limits 

specified in 50 CFR 622.187(c) apply to 

all harvest or possession of lesser 

amberjack, almaco jack, or banded 

rudderfish in or from the South Atlantic 

EEZ. These bag and possession limits 

apply in the South Atlantic on board a 

vessel for which a valid Federal 

commercial or charter vessel/headboat 

permit for South Atlantic snappergrouper has been issued, without regard 

to where such species were harvested, 

i.e., in state or Federal waters. During 

the closure, the sale or purchase of 

lesser amberjack, almaco jack, or banded 

rudderfish taken from the EEZ is 

prohibited. The prohibition on sale or 

purchase does not apply to the sale or 

purchase of lesser amberjack, almaco 

jack, or banded rudderfish that were 

harvested, landed ashore, and sold prior 

to 12:01 a.m., local time, June 23, 2015, 

and were held in cold storage by a 

dealer or processor. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of the lesser amberjack, 

almaco jack, and banded rudderfish 

complex, a component of the South 

Atlantic snapper-grouper fishery, and is 

consistent with the Magnuson-Stevens 

Act and other applicable laws. 

This action is taken under 50 CFR 

622.193(l)(1)(i) and is exempt from 

review under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for Fisheries, 

NOAA (AA), finds that the need to 

immediately implement this action to 

close the commercial sector for the 

lesser amberjack, almaco jack, and 

banded rudderfish complex constitutes 

good cause to waive the requirements to 

provide prior notice and opportunity for 

public comment pursuant to the 

authority set forth in 5 U.S.C. 553(b)(B), 

as such procedures are unnecessary and 

contrary to the public interest. Such 

procedures are unnecessary because the 

rule itself has been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. Such 

procedures are contrary to the public 


srobinson on DSK5SPTVN1PROD with RULES