[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Rules and Regulations]
[Pages 75878-75882]
[FR Doc No: 2010-29457]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0670; Directorate Identifier 2007-NM-339-AD;
Amendment 39-16526; AD 2010-24-07]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A318-111 and A318-112
Airplanes and Model A319, A320, and A321 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results 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:

    Damage to the lower lateral fittings of the 80VU rack, typically
elongated holes, migrated bushes [bushings], and/or missing bolts
have been reported in-service. In addition damage to the lower
central support fitting (including cracking) has been reported.
    In the worst case scenario a complete failure of the 80VU
fittings in combination with a high load factor or strong vibration
could lead to failure of the rack structure and/or computers or
rupture/disconnection of the cable harnesses to one or more
computers located in the 80VU. This rack contains computers for
Flight Controls, Communication and Radio-navigation. These functions
are duplicated across other racks but during critical phases of
flight the multiple system failures/re-configuration may constitute
an unsafe condition.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective January 11, 2011.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 11,
2011.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2141; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (NPRM) to
amend 14 CFR part 39 to include an AD that would apply to the specified
products.

That supplemental NPRM was published in the Federal Register on August
4, 2010 (75 FR 46873). That NPRM proposed to correct an unsafe
condition for the specified products. The MCAI states:

    Damage to the lower lateral fittings of the 80VU rack, typically
elongated holes, migrated bushes [bushings], and/or missing bolts
have been reported in-service. In addition damage to the lower
central support fitting (including cracking) has been reported.
    In the worst case scenario a complete failure of the 80VU
fittings in combination with a high load factor or strong vibration
could lead to failure of the rack structure and/or computers or
rupture/disconnection of the cable harnesses to one or more
computers located in the 80VU. This rack contains computers for
Flight Controls, Communication and Radio-navigation. These functions
are duplicated across other racks but during critical phases of
flight the multiple system failures/re-configuration may constitute
an unsafe condition.
    For the reasons described above, EASA AD 2007-0276 was issued to
require repetitive [detailed] inspection of the lower lateral 80VU
fittings for damage and [repetitive detailed] inspection of the
lower central 80VU support for damage and cracking, and the
accomplishment of associated corrective actions, depending on
findings.
    Since AD 2007-0276 was issued, Airbus introduced a new
reinforced lower central support for the 80VU.
    This [EASA] AD has been revised to introduce the new reinforced
lower central support as an optional terminating action to the
repetitive inspections.
* * * * *
The associated corrective actions include repair or replacement of the
lower lateral fittings and/or replacement of the lower central support.
Modifying the 80VU lower lateral fittings (the modification includes
replacing the 80VU lower lateral fittings) eliminates the need for the
repetitive inspection of the lower lateral fittings. Replacing the 80VU
lower central support (i.e., replacing the pyramid fitting on the 80VU
rack with a new, reinforced fitting) eliminates the need for the
repetitive inspection of the lower central support. You may obtain
further information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Request To Allow Credit for Actions Done per Previous Service Bulletin

    Lufthansa stated that paragraph (g) of the NPRM specifies that
doing a modification in accordance with Airbus Service Bulletin A320-
25-1557, Revision 02, dated November 5, 2008, terminates the
inspections of the lateral fittings. The commenter stated this is not
correct because any revision of the service bulletin terminates the
inspections.
    We infer that Lufthansa requests that we revise paragraph (g) of
the final rule to allow credit for actions done in accordance with
previous issues of Airbus Service Bulletin A320-25-1557. We agree that
previous issues are acceptable; however, it is not necessary to revise
paragraph (g) of the final rule. We give credit for doing actions in
accordance with previous revisions of the service information in
paragraph (l) of the final rule. We have not changed this AD in this
regard.

Request To Defer Corrective Actions

    Lufthansa requested that we allow operators to defer doing the
replacement specified in paragraph (j) of the NPRM. The commenter noted
that Airbus Service Bulletin A320-53-1215, dated November 5, 2008, and
EASA AD 2007-0276R1, dated March 18, 2010, both allow deferring the
replacement. The commenter also noted that exhaustive data on cracks
and crack growth are available on request.
    We disagree with the request to allow deferring the replacement
required by paragraph (j) of the final rule. Our policy specifies the
requirement to repair known cracks before further flight (though we
might make exceptions to this policy in certain cases of unusual need).
This policy is based on the fact that such damaged airplanes do not
conform to the FAA-certificated type design and, therefore, are not
airworthy until a properly approved repair is made. We consider the
compliance times in this AD to be adequate to allow operators to
acquire parts to have on hand in the event that a crack is detected
during inspection. Therefore, we have determined that, due to the
safety implications and consequences associated with such cracking, any
subject 80VU rack lower central support that is found to be cracked
must have associated corrective actions done before further flight.
However, under the provisions of paragraph (m) of the final rule, we
will consider requests for approval of an extension of the compliance
time if sufficient data are submitted to substantiate that the new
compliance time would provide an acceptable level of safety. We have
not changed the AD in this regard.

Request To Allow Alternate Actions in Lieu of the Replacement in
Paragraph (j) of the NPRM

    Lufthansa further requested that we allow alternative actions other
than doing a replacement in accordance with Airbus Service Bulletin
A320-53-1215, dated November 5, 2008, as specified in paragraph (j) of
the NPRM. The commenter stated that Airbus Service Bulletin A320-53-
1215, dated November 5, 2008, and EASA AD 2007-0276R1, dated March 18,
2010, both specify repairing or replacing the pyramid fitting in
accordance with Airbus Service Bulletin A320-25A1555, dated June 14,
2007; or Airbus Service Bulletin A320-25-1557, dated June 14, 2007; as
applicable. The commenter stated that allowing only the replacement in
accordance with Airbus Service Bulletin A320-53-1215, dated November 5,
2008, is more restrictive to operators than necessary for continued
flight safety.
    We disagree with the request to allow actions other than the
replacement required by paragraph (j) of this AD. Doing the repair or
replacement of the pyramid fitting in accordance with Airbus Service
Bulletin A320-25A1555, dated June 14, 2007; or Airbus Service Bulletin
A320-25-1557, dated June 14, 2007; as applicable; would require also
doing repetitive inspections. We can better ensure long-term continued
operational safety by design changes to remove the source of the
problem, rather than by repetitive inspections. Long-term inspections
might not provide the degree of safety necessary for the transport
airplane fleet. This determination, along with a better understanding
of the human factors associated with numerous continual inspections,
has led us to consider placing less emphasis on inspections and more
emphasis on design improvements. The replacement required by paragraph
(j) of the final rule is consistent with these conditions. However,
under the provisions of paragraph (m) of the final rule, we will
consider requests for alternative methods of compliance if sufficient
data are submitted to substantiate that the alternative actions would
provide an acceptable level of safety. We have not changed this AD in
this regard.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI

to ensure the AD is clear for U.S. operators and is enforceable. In
making these changes, we do not intend to differ substantively from the
information provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD affects 678 products of U.S. registry. We
also estimate that takes about 82 work-hours per product to comply with
the basic requirements of this AD. The average labor rate is $85 per
work-hour. Required parts cost about $2,592 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these parts.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of this AD to the U.S. operators to be
$6,483,036, or $9,562 per product.

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 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 this AD:
    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); 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 regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2010-24-07 Airbus: Amendment 39-16526. Docket No. FAA-2008-0670;
Directorate Identifier 2007-NM-339-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January
11, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318-111, A318-112, A319-
111, A319-112, A319-113, A319-114, A319-115, A319-131, A319-132,
A319-133, A320-111, A320-211, A320-212, A320-214, A320-231, A320-
232, A320-233, A321-111, A321-112, A321-131, A321-211, A321-212,
A321-213, A321-231, and A321-232 airplanes, certificated in any
category, all manufacturer serial numbers, except airplanes on which
Airbus Modification 34804 has been embodied in production or on
which Airbus Service Bulletins A320-25-1557 and A320-53-1215 have
been done in service.

Subject

    (d) Air Transport Association (ATA) of America Code 25:
Equipment/Furnishings, and Code 53: Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Damage to the lower lateral fittings of the 80VU rack, typically
elongated holes, migrated bushes [bushings], and/or missing bolts
have been reported in-service. In addition damage to the lower
central support fitting (including cracking) has been reported.
    In the worst case scenario a complete failure of the 80VU
fittings in combination with a high load factor or strong vibration
could lead to failure of the rack structure and/or computers or
rupture/disconnection of the cable harnesses to one or more
computers located in the 80VU. This rack contains computers for
Flight Controls, Communication and Radio-navigation. These functions
are duplicated across other racks but during critical phases of
flight the multiple system failures/re-configuration may constitute
an unsafe condition.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Repetitive Inspections of the 80V Rack Lower Lateral Fittings

    (g) Prior to the accumulation of 24,000 total flight cycles, or
within 500 flight cycles after the effective date of this AD,
whichever occurs later: Do a special detailed inspection of the 80VU
rack lower lateral fittings for damage (e.g., broken fitting,
missing bolts, migrated bushings, material burr, or rack in contact
with the fitting) of the 80VU rack lower lateral fittings, in
accordance with the Accomplishment Instructions of Airbus Mandatory
Service Bulletin A320-25A1555, Revision 02, dated November 5, 2008.
Repeat the inspection thereafter at the interval specified in
paragraph (g)(1) or (g)(2) of this AD, as applicable. Modifying the
80VU lower lateral fittings, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-25-1557, Revision 02,
dated November 5, 2008, terminates the inspection requirements of
this paragraph.
    (1) For airplanes on which the 80VU rack lower lateral fittings
have not been replaced in accordance with the Airbus Mandatory
Service Bulletin A320-25A1555: Repeat the inspection thereafter at
intervals not to exceed 4,500 flight cycles.
    (2) For airplanes on which the 80VU rack lower lateral fittings
have been replaced in accordance with Airbus Mandatory Service
Bulletin A320-25A1555: Do the next inspection within 24,000 flight
cycles after doing the replacement and repeat the

inspection thereafter at intervals not to exceed 4,500 flight
cycles.
    (h) If any damage is found during any inspection required by
paragraph (g) of this AD, do all applicable corrective actions
(inspection and/or repair) in accordance with the Accomplishment
Instructions and timeframes given in Airbus Mandatory Service
Bulletin A320-25A1555, Revision 02, dated November 5, 2008.

Repetitive Inspections of the 80V Rack Lower Central Support

    (i) Prior to the accumulation of 24,000 total flight cycles, or
within 500 flight cycles after the effective date of this AD,
whichever occurs later: Do a special detailed inspection of the 80VU
rack lower central support for cracking, in accordance with the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A320-25A1555, Revision 02, dated November 5, 2008. Repeat the
inspection thereafter at the interval specified in paragraph (i)(1)
or (i)(2) of this AD, as applicable. Replacing the pyramid fitting
on the 80VU rack with a new, reinforced fitting, in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A320-53-
1215, dated November 5, 2008, terminates the inspection requirements
of this paragraph.
    (1) For airplanes on which the 80VU rack lower central support
has not been repaired or replaced in accordance with Airbus
Mandatory Service Bulletin A320-25A1555 or Airbus Service Bulletin
A320-25-1557: Repeat the inspection thereafter at the interval
specified in paragraph (i)(1)(i) or (i)(1)(ii) of this AD, as
applicable.
    (i) For airplanes on which the lower central support has
accumulated 30,000 total flight cycles or more: At intervals not to
exceed 500 flight cycles.
    (ii) For airplanes on which the lower central support has
accumulated less than 30,000 total flight cycles: At intervals not
to exceed 4,500 flight cycles, without exceeding 30,750 total flight
cycles on the support for the first repetitive inspection.
    (2) For airplanes on which the 80VU rack lower central support
has been repaired or replaced in accordance with Airbus Mandatory
Service Bulletin A320-25A1555 or Airbus Service Bulletin A320-25-
1557: Do the next inspection within 24,000 flight cycles after the
repair or replacement and thereafter repeat the inspection at the
interval specified in paragraph (i)(1)(i) or (i)(1)(ii) of this AD,
as applicable.
    (j) If any crack is found during any inspection required by
paragraph (i) of this AD, before further flight, replace the pyramid
fitting on the 80VU rack with a new, reinforced fitting, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-53-1215, dated November 5, 2008. Doing this
replacement terminates the inspection requirements of paragraph (i)
of this AD.

Optional Terminating Action

    (k) Doing the actions specified in paragraphs (k)(1) and (k)(2)
of this AD terminates the requirements of paragraphs (g) and (i) of
this AD.
    (1) Replacing the pyramid fitting on the 80VU rack with a new,
reinforced fitting, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-53-1215, dated November
5, 2008.
    (2) Modifying the 80VU lower lateral fittings, in accordance
with Airbus Service Bulletin A320-25-1557, Revision 02, dated
November 5, 2008.

Credit for Actions Accomplished in Accordance With Previous Service
Information

    (l) Actions done before the effective date of this AD in
accordance with the service information identified in Table 1 of
this AD are acceptable for compliance with the corresponding
requirements of this AD.

                               Table 1--Previous Revisions of Service Information
----------------------------------------------------------------------------------------------------------------
           Service information                   Revision level                           Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A320-   01.........................  February 18, 2008.
 25A1555.
Airbus Service Bulletin A320-25A1555....  Original...................  June 14, 2007.
Airbus Service Bulletin A320-25-1557....  Original...................  June 14, 2007.
Airbus Service Bulletin A320-25-1557....  01.........................  February 7, 2008.
----------------------------------------------------------------------------------------------------------------

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows:
    (1) Although the MCAI or service information allows further
flight after cracks are found during compliance with the required
action, paragraph (j) of this AD requires that you do a corrective
action before further flight.
    (2) Although the MCAI specifies doing a repair or replacement
and repetitive inspections after the repair or replacement is done
if cracking is found in the 80VU rack lower central support,
paragraph (j) of this AD requires that you perform a replacement,
which eliminates the need for further repetitive inspections of the
part.

Other FAA AD Provisions

    (m) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, Transport Airplane Directorate, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Tim
Dulin, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your principal maintenance inspector (PMI) or principal
avionics inspector (PAI), as appropriate, or lacking a principal
inspector, your local Flight Standards District Office. The AMOC
approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: A Federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.,
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

Related Information

    (n) Refer to MCAI EASA Airworthiness Directive 2007-0276R1,
dated March 18, 2010, (corrected April 12, 2010), and the service
information identified in Table 2 of this AD, for related
information.

                                      Table 2--Related Service Information
----------------------------------------------------------------------------------------------------------------
           Service information                   Revision level                           Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A320-   02.........................  November 5, 2008.
 25A1555.

Airbus Service Bulletin A320-25-1557....  02.........................  November 5, 2008.
Airbus Service Bulletin A320-53-1215....  Original...................  November 5, 2008.
----------------------------------------------------------------------------------------------------------------

Material Incorporated by Reference

    (o) You must use the service information specified in paragraphs
(o)(1) and (o)(2) of this AD, as applicable, unless the AD specifies
otherwise.
    (1) For the actions required by this AD: Airbus Mandatory
Service Bulletin A320-25A1555, excluding Appendix 1, Revision 02,
dated November 5, 2008; and Airbus Service Bulletin A320-53-1215,
dated November 5, 2008.
    (2) For the optional actions specified by this AD: Airbus
Service Bulletin A320-25-1557, Revision 02, dated November 5, 2008;
and Airbus Service Bulletin A320-53-1215, dated November 5, 2008.
    (3) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (4) For service information identified in this AD, contact
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; e-mail<EMAIL_ADDRESS>Internet http://www.airbus.com.
    (5) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (6) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on November 15, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-29457 Filed 12-6-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 18, 2007 (Volume 72, Number 96)]
[Notices]
[Page 28040-28041]
[DOCID:fr18my07-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket No. RP07-446-000]

Northern Natural Gas Company; Notice of Proposed Changes in FERC
Gas Tariff

May 14, 2007.
    Take notice that on May 11, 2007, Northern Natural Gas Company
(Northern), tendered for filing in its FERC Gas Tariff, Fifth Revised
Volume No. 1, the following tariff sheets, with an effective date of
June 11, 2007:

Fourth Revised Sheet No. 114
Sixth Revised Sheet No. 119
Fourth Revised Sheet No. 125C
Second Revised Sheet No. 129
Third Revised Sheet No. 130
Fifth Revised Sheet No. 139

Fifth Revised Sheet No. 142C
First Revised Sheet No. 146A
First Revised Sheet No. 155
Ninth Revised Sheet No. 200
Fourth Revised Sheet No. 206A
Sixth Revised Sheet No. 222
Sixth Revised Sheet No. 251
Thirteenth Revised Sheet No. 252
Seventh Revised Sheet No. 253
Third Revised Sheet No. 253A
Fourth Revised Sheet No. 254
Sixth Revised Sheet No. 255
Fifth Revised Sheet No. 256
Fifth Revised Sheet No. 305

    Northern states that the above sheets are being filed to modify
outdated information required to request throughput service on
Northern's system.
    Northern states that copies of the filing have been mailed to each
of its customers and interested State Commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Philis J. Posey,
Deputy Secretary.
[FR Doc. E7-9623 Filed 5-17-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Rules and Regulations]
[Pages 53569-53573]
[FR Doc No: 2018-23036]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0078; Product Identifier 2017-NM-107-AD; Amendment
39-19477; AD 2018-22-04]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2017-01-02,
which applied to certain The Boeing Company Model 787-8 and 787-9
airplanes. AD 2017-01-02 required an inspection for discrepant inboard
and outboard trailing edge flap rotary actuators, and replacing the
rotary actuator or doing related investigative and corrective actions
if necessary. This AD continues to retain those actions. This AD also
adds airplanes to the applicability and reduces the number of affected
actuators. This AD was prompted by a report indicating that some
inboard and outboard trailing edge flap rotary actuators may have been
assembled with an incorrect no-back brake rotor-stator stack sequence
during manufacturing. We are issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective November 28, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 28,
2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in

this AD as of February 21, 2017 (82 FR 4775, January 17, 2017).

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.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. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0078.

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-2018-
0078; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is 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: Douglas Tsuji, Senior Aerospace
Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>;
email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2017-01-02, Amendment 39-18769 (82 FR 4775,
January 17, 2017) (``AD 2017-01-02''). AD 2017-01-02 applied to certain
The Boeing Company Model 787-8 and 787-9 airplanes. The NPRM published
in the Federal Register on February 14, 2018 (83 FR 6477). The NPRM was
prompted by a report indicating that some inboargd and outboard
trailing edge flap rotary actuators may have been assembled with an
incorrect no-back brake rotor-stator stack sequence during
manufacturing. The NPRM proposed to continue to require an inspection
of the inboard and outboard trailing edge flap rotary actuator for any
discrepant rotary actuator, and corrective actions if necessary. The
NPRM also proposed to add airplanes to the applicability and reduce the
number of affected actuators. We are issuing this AD to address
incorrectly assembled rotary actuators, which could cause accelerated
unit wear that will eventually reduce braking performance. This
degradation could lead to loss of no-back brake function and reduced
controllability of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment. Boeing stated that it supported the
NPRM.

Request To Revise the Applicability

    One commenter, Takayoshi Aimoto, requested that we revise the
applicability of the NPRM. Mr. Aimoto stated that the applicability
should be limited to certain Boeing Model 787-8 and 787-9 airplanes
because Boeing has not installed the suspected rotary actuators on
newly delivered Model 787-8 and 787-9 airplanes.
    We disagree with the commenter's request. While the number of
discrepant rotary actuators are limited, these parts are considered
rotable, and they could be removed and installed on other Model 787-8
or 787-9 series airplanes outside the group suspected of being
delivered with the discrepant part and serial numbers. Therefore, the
unsafe condition identified in the AD could exist in the future on all
Model 787-8 and 787-9 airplanes. We have not changed the AD in this
regard.

Request for Clarification of Part Marking Requirements

    United Airlines (UAL) requested clarification of paragraph (i) of
the proposed AD and whether the FAA will allow installation of
applicable parts that are marked with the appropriate component service
bulletin number, instead of the service bulletin number identified in
paragraph (i) of the proposed AD, as specified in Task 2 of Boeing
Alert Service Bulletin B787-81205-SB270032-00, Issue 003, dated July
28, 2017. UAL commented that Task 2 is invoked only as part of one
option (option 2) if a discrepant part is found; there is also the
option to replace the part.
    UAL stated that replaced parts removed from the airplane and any
affected spare parts may be dispositioned to a shop for repair using a
component service bulletin, and in that case, the marking would
indicate the component service bulletin number. UAL commented that
Table 1 of paragraph 3.B., ``Parts and Materials Supplied by the
Operator,'' of Boeing Alert Service Bulletin B787-81205-SB270032-00,
Issue 003, dated July 28, 2017, states that parts supplied by the
operator may be marked by the Boeing service information, or they may
be marked with the component service information. UAL stated, for
example, P689A0001-01 may be marked with ``SB P689A0001-27-01
INCORPORATED'' or ``B787-81205-SB270032-00 INCORPORATED''.
    UAL also commented that paragraph 2.E. of the Work Instructions of
the ``Part 1: Inboard and Outboard Flap Rotary Actuator'' of Boeing
Alert Service Bulletin B787-81205-SB270032-00, Issue 003, dated July
28, 2017, allows for listed parts marked with ``SB P689A0001-27-01
INCORPORATED,'' ``SB P690A0001-27-01 INCORPORATED,'' ``SB P700A0001-27-
01 INCORPORATED,'' ``SB CB10130-27-01 INCORPORATED,'' or ``B787-81205-
SB270032-00 INCORPORATED.''
    We agree to provide clarification for the commenter. Having the
additional component service information incorporated means that a
discrepant part has been inspected and/or modified to ensure that it is
in the acceptable configuration. Boeing Alert Service Bulletin B787-
81205-SB270032-00, Issue 003, dated July 28, 2017, defines discrepant
and acceptable parts. For clarification, we have revised paragraph (i)
of this AD to include additional rotary actuator part markings that are
acceptable for this AD.

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 change 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 addressing 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.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin B787-81205-SB270032-00,
Issue 003, dated July 28, 2017. The service information describes
procedures for an inspection of the

inboard and outboard trailing edge flap rotary actuator for any
discrepant rotary actuator, and related investigative and corrective
actions if necessary. The related investigative actions include a
functional test of the trailing edge flap no-back brake. The corrective
actions include replacement of the discrepant rotary actuator with a
nondiscrepant rotary actuator. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 89 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.........................  5 work-hours x $85 per hour              $0            $425         $37,825
                                      = $425.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary on-condition
actions that would be required based on the results of the proposed
inspection. We have no way of determining the number of aircraft or the
number of rotary actuators (up to 8 per shipset) that might need these
on-condition actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                      Labor cost         Parts cost              Cost per product
----------------------------------------------------------------------------------------------------------------
Check to determine flight cycles on  1 work-hour x $85 per              $0  $85 per rotary actuator.
 the rotary actuator.                 hour = $85.
Functional Test per rotary actuator  2 work-hours x $85                  0  $170 per rotary actuator.
                                      per hour = $170.
Replacement per rotary actuator....  2 work-hours x $85                  0  $170 per rotary actuator.
                                      per hour = $170.
System Test after rotary actuator    24 work-hours x $85                 0  $2,040 per airplane.
 replacement(s) per airplane.         per hour = $2,040.
----------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

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, 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

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2017-01-02, Amendment 39-18769 (82 FR 4775, January 17, 2017), and
adding the following new AD:

2018-22-04 The Boeing Company: Amendment 39-19477; Docket No. FAA-
2018-0078; Product Identifier 2017-NM-107-AD.

(a) Effective Date

    This AD is effective November 28, 2018.

(b) Affected ADs

    This AD replaces AD 2017-01-02, Amendment 39-18769 (82 FR 4775,
January 17, 2017) (``AD 2017-01-02'').

(c) Applicability

    This AD applies to all The Boeing Company Model 787 series
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
control systems.

(e) Unsafe Condition

    This AD was prompted by a report indicating that some inboard
and outboard trailing edge flap rotary actuators may have been
assembled with an incorrect no-back brake rotor-stator stack
sequence during manufacturing. We are issuing this AD to detect and
replace incorrectly assembled rotary actuators, which could cause
accelerated unit wear that will eventually reduce braking
performance. This degradation could lead to loss of no-back brake
function and reduced controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Retained Inspection and Other Actions

    For The Boeing Company Model 787-8 and 787-9 airplanes
identified in Boeing Alert Service Bulletin B787-81205-SB270032-00,
Issue 001, dated November 3, 2015: Within 60 months after February
21, 2017 (the effective date of AD 2017-01-02), do an inspection of
the inboard and outboard trailing edge flap rotary actuator for any
discrepant rotary actuator, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin B787-81205-SB270032-
00, Issue 001, dated November 3, 2015; or Boeing Alert Service
Bulletin B787-81205-SB270032-00, Issue 003, dated July 28, 2017. If
any discrepant rotary actuator is found, within 60 months after
February 21, 2017, do the actions specified in paragraph (g)(1) or
(g)(2) of this AD, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin B787-81205-SB270032-
00, Issue 001, dated November 3, 2015; or Boeing Alert Service
Bulletin B787-81205-SB270032-00, Issue 003, dated July 28, 2017.
After the effective date of this AD only Boeing Alert Service
Bulletin B787-81205-SB270032-00, Issue 003, dated July 28, 2017, may
be used.
    (1) Replace the discrepant rotary actuator.
    (2) Check the maintenance records to determine the flight cycles
of each discrepant rotary actuator and, within 60 months after
February 21, 2017 (the effective date of AD 2017-01-02), do all
applicable related investigative and corrective actions.

(h) New Requirements: Inspection, Related Investigative and Corrective
Actions

    For airplanes not identified in Boeing Alert Service Bulletin
B787-81205-SB270032-00, Issue 001, dated November 3, 2015, which
have an Original Certificate of Airworthiness or Export Certificate
of Airworthiness with a date on or before the effective date of this
AD: Within 60 months after the effective date of this AD, do an
inspection of the inboard and outboard trailing edge flap rotary
actuator for any discrepant rotary actuator, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin B787-
81205-SB270032-00, Issue 003, dated July 28, 2017. If any discrepant
rotary actuator is found, within 60 months after the effective date
of this AD, do the actions specified in paragraph (h)(1) or (h)(2)
of this AD, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin B787-81205-SB270032-00, Issue 003,
dated July 28, 2017.
    (1) Replace the discrepant rotary actuator.
    (2) Check the maintenance records to determine the flight cycles
of each discrepant rotary actuator and, within 60 months after the
effective date of this AD, do all applicable related investigative
and corrective actions.

(i) Parts Installation Limitation

    As of the effective date of this AD, no person may install, on
any airplane, a rotary actuator with a part number and serial number
identified in Appendix A of Boeing Alert Service Bulletin B787-
81205-SB270032-00, Issue 003, dated July 28, 2017, unless the
actuator has been permanently marked in accordance with Task 2 of
Boeing Alert Service Bulletin B787-81205-SB270032-00, Issue 003,
dated July 28, 2017, with ``B787-81205-SB270032-00 INCORPORATED.''
Rotary actuators marked with ``SB P689A0001-27-01 INCORPORATED,''
``SB P690A0001-27-01 INCORPORATED,'' ``SB P700A0001-27-01
INCORPORATED,'' or ``SB CB10130-27-01 INCORPORATED'' are also
acceptable.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin B787-
81205-SB270032-00, Issue 002, dated November 3, 2016.
    (2) This paragraph provides credit for the actions specified in
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin B787-
81205-SB270032-00, Issue 001, dated November 3, 2015, or Boeing
Alert Service Bulletin B787-81205-SB270032-00, Issue 002, dated
November 3, 2016.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO 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
manager of the certification office, send it to the attention of the
person identified in paragraph (l)(1) of this AD. Information may be
emailed to: [email protected].
    (2) 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO Branch, FAA, to make those findings. To be
approved, the repair method, modification deviation, or alteration
deviation must meet the certification basis of the airplane, and the
approval must specifically refer to this AD.
    (4) AMOCs approved previously for AD 2017-01-02 are approved as
AMOCs for the corresponding provisions of this AD.
    (5) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(k)(5)(i) and (k)(5)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(l) Related Information

    (1) For more information about this AD, contact Douglas Tsuji,
Senior Aerospace Engineer, Systems and Equipment Section, FAA,
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax:<PHONE_NUMBER>; email: [email protected].
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (m)(5) and (m)(6) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
November 28, 2018.
    (i) Boeing Alert Service Bulletin B787-81205-SB270032-00, Issue
003, dated July 28, 2017.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
February 21, 2017 (82 FR 4775, January 17, 2017).
    (i) Boeing Alert Service Bulletin B787-81205-SB270032-00, Issue
001, dated November 3, 2015.
    (ii) Reserved.
    (5) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (6) You may view this service information at 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.

    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on October 12, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-23036 Filed 10-23-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: November 29, 2006 (Volume 71, Number 229)]
[Notices]
[Page 69154-69155]
[DOCID:fr29no06-88]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54809; File No. SR-ISE-2006-63]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Fee Changes

November 21, 2006.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 1, 2006, the International Securities Exchange, LLC
(``ISE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the ISE.
The ISE has designated this proposal as one establishing or changing a
due, fee, or other charge imposed by the ISE under section
19(b)(3)(A)(ii) of the Act,\3\ and

Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal effective
upon filing with the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE is proposing to amend its Schedule of Fees to remove the
surcharge fee for transactions in options on the NASDAQ-100 Index
Tracking Stock[supreg] (``QQQQ[supreg]'') and the iShares NASDAQ
Biotechnology Index Fund (``IBB''). The text of the proposed rule
change is available on the ISE's Web site (http://www.iseoptions.com/legal/proposed_rule_changes.asp
), at the principal office of the ISE,

and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the ISE included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The ISE has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to amend its Schedule of Fees to remove
the surcharge fee previously adopted for transactions in options on the
QQQQ[supreg] \5\ and options on the IBB.\6\ The Exchange is proposing
to remove the surcharge fee from its Schedule of Fees because it no
longer pays a license fee to The NASDAQ Stock Market, Inc. in
connection with transactions in options on QQQQ[supreg] and IBB.
Accordingly, there is no longer a need for this surcharge fee. The
Exchange will, however, continue to charge an execution fee and a
comparison fee for transactions in options on QQQQ[supreg] and IBB.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 44151 (April 4,
2001), 66 FR 19266 (April 13, 2001) (ISE-2001-09).
    \6\ See Securities Exchange Act Release No. 45765 (April 16,
2002), 67 FR 19786 (April 23, 2002) (ISE-2002-10).
---------------------------------------------------------------------------

    Additionally, the Exchange proposes to remove IYE from the list of
Premium Products on the Schedule of Fees as IYE no longer trades on the
Exchange.
2. Statutory Basis
    The Exchange believes that the basis under the Act for this
proposed rule change is the requirement under section 6(b)(4) of the
Act \7\ that an exchange have an equitable allocation of reasonable
dues, fees and other charges among its members and other persons using
its facilities.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes that the proposed rule change does not impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing rule change establishes or changes a due,
fee, or other charge imposed by the Exchange, it has become effective
pursuant to section 19(b)(3)(A) of the Act \8\ and rule 19b-4(f)(2) \9\
thereunder. At any time within 60 days of the filing of such proposed
rule change, the Commission may summarily abrogate such rule change if
it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-ISE-2006-63 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-ISE-2006-63. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the ISE. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-ISE-2006-63 and should be submitted on or before
December 20, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. E6-20216 Filed 11-28-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Notices]
[Pages 72728-72729]
[FR Doc No: 2015-29639]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-P-3404]

Determination That LIPTRUZET (Ezetimibe and Atorvastatin)
Tablets, 10 Milligrams/10 Milligrams, 10 Milligrams/20 Milligrams, 10
Milligrams/40 Milligrams, and 10 Milligrams/80 Milligrams, Were Not
Withdrawn From Sale for Reasons of Safety or Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA or Agency) has
determined that LIPTRUZET (ezetimibe and atorvastatin) tablets, 10
milligrams (mg)/10 mg, 10 mg/20 mg, 10 mg/40 mg, and 10 mg/80 mg, were
not withdrawn from sale for reasons of safety or effectiveness. This
determination will allow FDA to approve abbreviated new drug
applications (ANDAs) for ezetimibe and atorvastatin tablets, 10 mg/10
mg, 10 mg/20 mg, 10 mg/40 mg, and 10 mg/80 mg, if all other legal and
regulatory requirements are met.

FOR FURTHER INFORMATION CONTACT: Kate Greenwood, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6217, Silver Spring, MD 20993-0002, 240-
402-1748.

SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Drug Price
Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417)
(the 1984 amendments), which authorized the approval of duplicate
versions of drug products under an ANDA procedure. ANDA applicants
must, with certain exceptions, show that the drug for which they are
seeking approval contains the same active ingredient in the same
strength and dosage form as the ``listed drug,'' which is a version of
the drug that was previously approved. ANDA applicants do not have to
repeat the extensive clinical testing otherwise necessary to gain
approval of a new drug application (NDA).
    The 1984 amendments include what is now section 505(j)(7) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which
requires FDA to publish a list of all approved drugs. FDA publishes
this list as part of the ``Approved Drug Products With Therapeutic
Equivalence Evaluations,'' which is known generally as the ``Orange
Book.'' Under FDA regulations, drugs are removed from the list if the
Agency withdraws or suspends approval of the drug's NDA or ANDA for
reasons of safety or effectiveness or if FDA determines that the listed
drug was withdrawn from sale for reasons of safety or effectiveness (21
CFR 314.162).
    A person may petition the Agency to determine, or the Agency may
determine on its own initiative, whether a listed drug was withdrawn
from sale for reasons of safety or effectiveness. This determination
may be made at any time after the drug has been withdrawn

from sale, but must be made prior to approving an ANDA that refers to
the listed drug (Sec.  314.161 (21 CFR 314.161)). FDA may not approve
an ANDA that does not refer to a listed drug.
    LIPTRUZET (ezetimibe and atorvastatin) tablets, 10 mg/10 mg, 10 mg/
20 mg, 10 mg/40 mg, and 10 mg/80 mg, are the subject of NDA 20-0153,
held by Merck Sharp & Dohme Corp., and initially approved on May 3,
2013. LIPTRUZET is indicated for the reduction of elevated total
cholesterol (total-C), low-density lipoprotein cholesterol (LDL-C),
apolipoprotein B (Apo B), triglycerides (TG), and non-high-density
lipoprotein cholesterol (non-HDL-C), and to increase high-density
lipoprotein cholesterol (HDL-C) in patients with primary (heterozygous
familial and non-familial) hyperlipidemia or mixed hyperlipidemia.
LIPTRUZET is also indicated for the reduction of elevated total-C and
LDL-C in patients with homozygous familial hypercholesterolemia, as an
adjunct to other lipid-lowering treatments (e.g., LDL apheresis) or if
such treatments are unavailable.
    In a letter dated June 1, 2015, Merck Sharpe & Dohme Corp. notified
FDA that LIPTRUZET (ezetimibe and atorvastatin) tablets, 10 mg/10 mg,
10 mg/20 mg, 10 mg/40 mg, and 10 mg/80 mg, were being discontinued, and
FDA moved the drug products to the ``Discontinued Drug Product List''
section of the Orange Book.
    Lupin Pharmaceuticals, Inc. submitted a citizen petition dated
September 21, 2015 (Docket No. FDA-2015-P-3404), under 21 CFR 10.30,
requesting that the Agency determine whether LIPTRUZET (ezetimibe and
atorvastatin) tablets, 10 mg/10 mg, 10 mg/20 mg, 10 mg/40 mg, and 10
mg/80 mg, were withdrawn from sale for reasons of safety or
effectiveness.
    After considering the citizen petition and reviewing Agency records
and based on the information we have at this time, FDA has determined
under Sec.  314.161 that LIPTRUZET (ezetimibe and atorvastatin)
tablets, 10 mg/10 mg, 10 mg/20 mg, 10 mg/40 mg, and 10 mg/80 mg, were
not withdrawn for reasons of safety or effectiveness. The petitioner
has identified no data or other information suggesting that LIPTRUZET
(ezetimibe and atorvastatin) tablets, 10 mg/10 mg, 10 mg/20 mg, 10 mg/
40 mg, and 10 mg/80 mg, were withdrawn for reasons of safety or
effectiveness. We have carefully reviewed our files for records
concerning the withdrawal of LIPTRUZET (ezetimibe and atorvastatin)
tablets, 10 mg/10 mg, 10 mg/20 mg, 10 mg/40 mg, and 10 mg/80 mg, from
sale. We have also independently evaluated relevant literature and data
for possible postmarketing adverse events. We have found no information
that would indicate that these products were withdrawn from sale for
reasons of safety or effectiveness.
    Accordingly, the Agency will continue to list LIPTRUZET (ezetimibe
and atorvastatin) tablets, 10 mg/10 mg, 10 mg/20 mg, 10 mg/40 mg, and
10 mg/80 mg, in the ``Discontinued Drug Product List'' section of the
Orange Book. The ``Discontinued Drug Product List'' delineates, among
other items, drug products that have been discontinued from marketing
for reasons other than safety or effectiveness. ANDAs that refer to
LIPTRUZET (ezetimibe and atorvastatin) tablets, 10 mg/10 mg, 10 mg/20
mg, 10 mg/40 mg, and 10 mg/80 mg, may be approved by the Agency as long
as they meet all other legal and regulatory requirements for the
approval of ANDAs. If FDA determines that labeling for these drug
products should be revised to meet current standards, the Agency will
advise ANDA applicants to submit such labeling.

    Dated: November 16, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-29639 Filed 11-19-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Proposed Rules]
[Pages 27335-27336]
[FR Doc No: 2013-11227]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 101, 104, 105, and 106

[Docket No. USCG-2007-28915]
RIN 1625-AB21

Transportation Worker Identification Credential (TWIC)--Reader
Requirements

AGENCY: Coast Guard, DHS.

ACTION: Proposed rule; extension of comment period.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is extending the comment period for the notice
of proposed rulemaking (NPRM) published March 22, 2013, entitled
``Transportation Worker Identification Credential (TWIC)--Reader
Requirements'' for 30 days. This extension of the comment period is
designed to accommodate requests from the public for more time to
review the proposed rule and associated analysis.

DATES: The comment period for the proposed rule published March 22,
2013, at 78 FR 17781, is extended. Comments and related material must
be submitted to the docket by June 20, 2013.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Fax:<PHONE_NUMBER>.
     Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Loan T. O'Brien, U.S. Coast Guard,
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Barbara
Hairston, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2007-28915) in the ``SEARCH'' box and
click ``SEARCH.'' Click on ``Submit a Comment'' on the line associated
with this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2007-28915) in the ``SEARCH'' box and
click ``SEARCH.'' Click on Open Docket Folder on the line associated
with this

rulemaking. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

B. Regulatory History and Information

    The Coast Guard published an NPRM entitled ``Transportation Worker
Identification Credential (TWIC)--Reader Requirements'' on March 22,
2013 (78 FR 17782) that proposes to require owners and operators of
certain vessels and facilities regulated by the Coast Guard to use
electronic readers designed to work with the Transportation Worker
Identification Credential (TWIC) as an access control measure. The NPRM
also proposes additional requirements associated with electronic TWIC
readers, including recordkeeping requirements for those owners and
operators required to use an electronic TWIC reader, and security plan
amendments to incorporate TWIC requirements. The TWIC program,
including the proposed TWIC reader requirements in the proposed rule,
is an important component of the Coast Guard's multi-layered system of
access control requirements and other measures designed to enhance
maritime security. All comments on this NPRM were originally due on May
21, 2013.

C. Background and Purpose

    The Coast Guard believes that the public would benefit from
additional time to provide comments on the proposed rule and analysis.
For that reason, we are extending the comment period for a period of 30
days. Comments on the NPRM will now be accepted until June 20, 2013.

D. Authority

    This notice is issued under authority of 5 U.S.C. 552(a).

    Dated: May 3, 2013.
Paul F. Thomas,
Director of Inspections and Compliance, U.S. Coast Guard.
[FR Doc. 2013-11227 Filed 5-8-13; 11:15 am]
BILLING CODE 9110-04-P