This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

32363 

Vol. 78, No. 104 

Thursday, May 30, 2013 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0472; Directorate 

Identifier 98–CE–097–AD] 

RIN 2120–AA64 

Airworthiness Directives; PIAGGIO 

AERO INDUSTRIES S.p.A Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM); rescission. 

SUMMARY: We propose to rescind an 

airworthiness directive (AD) for 

PIAGGIO AERO INDUSTRIES S.p.A. 

Model P–180 airplanes. The existing AD 

resulted from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as partial detachment of the 

inner protective film of the composite 

nacelles. Since issuance of that AD, we 

have determined that the unsafe 

condition does not exist or is not likely 

to develop on affected type design 

airplanes, and therefore the AD should 

be rescinded. The proposed AD would 

allow the public the opportunity to 

comment on the FAA’s determination of 

the unsafe condition no longer existing 

before it is officially rescinded. 

DATES: We must receive comments on 

this proposed AD by July 15, 2013. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, 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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; 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 proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone (800) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Mike Kiesov, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4144; fax: (816) 

329–4090; email: mike.kiesov@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2013–0472; Directorate Identifier 

98–CE–097–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

On March 18, 1999, we issued AD 99– 

07–10, Amendment 39–11095 (64 FR 

14824, March 29, 1999). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued AD 99–07–10, 

Amendment 39–11095 (64 FR 14824, 

March 29, 1999), the European Aviation 

Safety Agency (EASA), which is the 

Technical Agent for the Member States 

of the European Community, has issued 

AD Cancellation Notice No.: 2013– 

0085–CN, dated April 8, 2013, which 

cancelled Ente Nazionale per 

l’Aviazione Civile (ENAC) (the 

airworthiness authority for Italy) AD No. 

98–208, dated June 9, 1998. Italian AD 

No. 98–208 required the inspections and 

corrective actions of Piaggio Service 

Bulletin (Mandatory) No.: SB–80–0101, 

Original Issue: May 6, 1998. AD 99–07– 

10, Amendment 39–11095 (64 FR 

14824, March 29, 1999), is the result of 

mandatory continuing airworthiness 

information (MCAI) issued by ENAC. 

We have been notified that since 

2000, all nacelles for PIAGGIO AERO 

INDUSTRIES S.p.A Model P–180 

airplanes have been manufactured by a 

different supplier, and no new 

occurrences of film detachment have 

been reported on earlier manufactured 

airplanes. Therefore, nacelle inner panel 

protective film detachment is no longer 

considered probable. Consequently, 

PIAGGIO AERO INDUSTRIES S.p.A. 

issued Mandatory Service Bulletin No. 

SB 80–0101, Rev. N. ZZ, dated February 

19, 2013, to cancel the previous revision 

of this service bulletin. 

FAA’s Determination and Requirements 

of the Proposed AD 

We are proposing this AD because we 

evaluated all information and 

determined the unsafe condition 

identified in the existing AD no longer 

exists and the AD is not necessary. 

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 


rmajette on DSK2TPTVN1PROD with PROPOSALS
32364 Federal Register / Vol. 78, No. 104 / Thursday, May 30, 2013 / Proposed Rules 

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 determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

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

the DOT Regulatory Policies and 

Procedures (44 FR 11034, February 26, 

1979), 

(3) Will not affect intrastate aviation 

in Alaska, 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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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 AD 99–07–10, Amendment 

39–11095 (64 FR 14824, March 29, 

1999), and adding the following new 

AD: 

PIAGGIO AERO INDUSTRIES S.p.A: Docket 

No. FAA–2013–0472; Directorate 

Identifier 98–CE–097–AD. 

(a) Comments Due Date 

We must receive comments by July 15, 

2013. 

(b) Affected ADs 

This AD rescinds AD 99–07–10, 

Amendment 39–11095 (64 FR 14824, March 

29, 1999). 

(c) Applicability 

This AD applies to PIAGGIO AERO 

INDUSTRIES S.p.A Model P–180 airplanes, 

all serial numbers, certificated in any 

category. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 54; Nacelles/Pylons. 

Issued in Kansas City, Missouri, on May 

23, 2013. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–12822 Filed 5–29–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 253 and 600 

[Docket No. 080228332–81199–01] 

RIN 0648–AW38 

Magnuson-Stevens Act Provisions; 

Interjurisdictional Fisheries Act; 

Disaster Assistance Programs; 

Fisheries Assistance Programs 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: NMFS withdraws a proposed 

rule for proposed regulations governing 

the requests for determinations of 

fishery resource disasters as a basis for 

acquiring disaster assistance, which was 

published on January 15, 2009. Instead 

of going forward with a final rule 

directly resulting from the 2009 

proposed rule, NMFS issued an internal 

policy on June 16, 2011. 

DATES: The proposed rule published on 

January 15, 2009 (74 FR 2467) is 

withdrawn as of May 30, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Christopher L. Wright, Fishery Policy 

Analyst, 301–427–8570, or via email 

chris.wright@noaa.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSA) and the Interjurisdictional 

Fisheries Act (IFA), NMFS (on behalf of 

the Secretary of Commerce) proposed 

regulations that were to govern the 

requests for determinations of fishery 

resource disasters as a basis for 

acquiring potential disaster assistance. 

The proposed regulations would have 

established definitions, characteristics 

of commercial fishery failures, fishery 

resource disasters, serious disruptions 

affecting future production, and harm 

incurred by fishermen. It also 

established requirements for initiating a 

review by NMFS, and the administrative 

process it would follow in response to 

such requests. The intended result of 

the proposed procedures and 

requirements was to clarify and 

interpret the fishery disaster assistance 

provisions of the MSA and the IFA 

through rulemaking and, thereby, 

ensure consistency and facilitate the 

processing of requests. 

On June 16, 2011, NMFS issued an 

internal policy for determinations of 

fishery resource disasters as a basis for 

acquiring potential disaster assistance 

titled: POLICY Guidance for Disaster 

Assistance Under Magnuson-Stevens 

Act 312(a) and Interjurisdictional 

Fisheries Act 308(b) and 308(d), http:// 

www.nmfs.noaa.gov/sfa/sf3/ 

disaster_policy2011.pdf. The purpose of 

this document is to provide guidance for 

evaluating requests for fisheries disaster 

relief under the provisions of section 

312(a) and 315 of the MSA and sections 

308(b) and 308(d) of the IFA. 

Authority: 16 U.S.C 1801 et seq. 

Dated: May 24, 2013. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

Performing the functions and duties of the 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2013–12860 Filed 5–29–13; 8:45 am] 

BILLING CODE 3510–22–P 


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