[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Notices]
[Pages 16163-16166]
[FR Doc No: 2020-05850]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88389; File No. SR-NASDAQ-2019-089]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing of Amendment No. 1 and Order Granting Accelerated
Approval of a Proposed Rule Change, as Modified by Amendment No. 1, To
Amend Rule 5815 To Preclude Stay During Hearing Panel Review of Staff
Delisting Determinations in Certain Circumstances

March 16, 2020.

I. Introduction

    On November 27, 2019, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend Nasdaq Rule 5815 regarding review of
Nasdaq Staff Delisting Determinations by Hearings Panels to preclude
the stay of trading of a Company's securities during the review period
in specified circumstances. The proposed rule change was published for
comment in the Federal Register on December 17, 2019.\3\ On January 30,
2020, pursuant to Section 19(b)(2) of the Act,\4\ the Commission
designated a longer period within which to approve the proposed rule
change, disapprove the proposed rule change, or institute proceedings
to determine whether to disapprove the proposed rule change.\5\ On
March 13, 2020, the Exchange filed Amendment No. 1 to the proposed rule
change, which superseded and replaced the proposed rule change in its
entirety.\6\ The Commission has received no comment letters on the
proposed rule change. The Commission is publishing notice of the filing
of Amendment No. 1 to solicit comment from interested persons, and is
approving the proposed rule change, as modified by Amendment No. 1, on
an accelerated basis.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 87716 (Dec. 11,
2019), 84 FR 69007 (``Notice'').
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 88090, 85 FR 6655
(Feb. 5, 2020). The Commission designated March 16, 2020, as the
date by which the Commission shall approve or disapprove, or
institute proceedings to determine whether to disapprove, the
proposed rule change.
    \6\ In Amendment No. 1, the Exchange removed a change proposed
in the original filing to remove a stay where a special purpose
acquisition company, or ``SPAC,'' does not satisfy the requirements
described in IM-5101-2 that the company must meet initial listing
requirements following the completion of a business combination with
an operating company. Nasdaq stated in Amendment No. 1 that it was
removing this portion of the proposed rule change while it re-
assesses the treatment of SPACs. Amendment No. 1 is available at:
https://www.sec.gov/comments/sr-nasdaq-2019-089/srnasdaq2019089-6951085-212268.pdf.
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II. Description of the Proposal, as Modified by Amendment No. 1

    Pursuant to Nasdaq Rule 5815, when a Company \7\ receives a Staff
Delisting Determination \8\ it may request in writing that the Hearings
Panel \9\ review the matter in a written or an oral hearing. Under
existing rules, a timely request for a hearing ordinarily will stay the
suspension and delisting action pending the issuance of a written
decision from the Hearings Panel (``Panel Decision'').\10\
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    \7\ The term ``Company'' means the issuer of a security listed
or applying to list on Nasdaq. See Nasdaq Rule 5005(a)(6).
    \8\ A ``Staff Delisting Determination'' is a written
determination by the Listing Qualifications Department to delist a
listed Company's securities for failure to meet a continued listing
standard. See Nasdaq Rule 5805(h).
    \9\ The ``Hearings Panel'' is an independent panel made up of at
least two persons who are not employees or otherwise affiliated with
Nasdaq or its affiliates, and who have been authorized by the Nasdaq
Board of Directors. See Nasdaq Rule 5805(d).
    \10\ See Nasdaq Rule 5815(a)(1). In the case of a Staff
Delisting Determination related to the requirements to timely file
periodic reports with the Commission, the delisting action is only
stayed for 15 calendar days unless the Company specifically requests
and the Hearings Panel grants a further stay. See Nasdaq Rule
5815(a)(1)(B).
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    The Exchange proposes to amend Nasdaq Rule 5815 to preclude the
stay of a Staff Delisting Determination during the Hearings Panel
review period in two specified circumstances. Under the proposal, a
timely request for a hearing will not stay the suspension of the
securities from trading pending the issuance of a written Panel
Decision when the Staff Delisting Determination is related to one of
the following deficiencies: (i) A Company whose application for initial
listing has not been approved prior to consummation of a transaction
whereby the Company combines with a non-Nasdaq entity, resulting in a
change of control of the Company and potentially allowing the non-
Nasdaq entity to obtain a Nasdaq listing, as described in Nasdaq Rule
5110(a) (such a Company is referred to herein as a ``Change of Control
Company''); \11\ or (ii) a Company that has filed for protection under
any provision of the federal bankruptcy laws, or comparable foreign
laws, or that has announced that liquidation has been authorized by its
board of directors and that it is committed to proceed, as described in
Nasdaq Rule 5110(b).\12\ In both of these situations, under the
proposal, the Company's securities will be suspended from trading on
the Exchange during the pendency of the Hearings Panel review and will
remain suspended unless the written Panel Decision issued after the
hearing determines to reinstate the trading of the securities.\13\ As
noted above, this would be in contrast to the application of the
current rules that ordinarily stays the suspension of securities during
the pendency of an appeal of a delisting determination to the Hearings
Panel.\14\
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    \11\ Under Nasdaq Rule 5110(a) (Business Combinations with Non-
Nasdaq Entities Resulting in a Change of Control), a Company must
apply for initial listing in connection with a transaction whereby
the Company combines with a non-Nasdaq entity, resulting in a change
of control of the Company and potentially allowing the non-Nasdaq
entity to obtain a Nasdaq listing. If the Company's application for
initial listing has not been approved prior to consummation of the
transaction, Nasdaq will issue a Staff Delisting Determination. See
Nasdaq Rule 5110(a). See also Notice, supra note 3, 84 FR at 69008.
Nasdaq stated that a Company would only be subject to suspension
under the proposal if it does not contest the applicability of Rule
5110(a), or if the Hearings Panel has already concluded that the
rule is applicable, and if the Company does not satisfy the initial
inclusion requirements upon consummation of the transaction. See
Notice, supra note 3, 84 FR at 69008, n.9 (referencing Nasdaq FAQ
413, available at https://listingcenter.nasdaq.com/Material_Search.aspx?materials=413&mcd=LQ&criteria=2.)
    \12\ See proposed Nasdaq Rule 5815(a)(1)(B)(ii). Under Nasdaq
Rule 5110(b) (Bankruptcy and Liquidation), Nasdaq staff may use its
discretionary authority under the Rule 5100 Series to suspend or
terminate the listing of a Company that has filed for protection
under any provision of the federal bankruptcy laws or comparable
foreign laws, or has announced that liquidation has been authorized
by its board of directors and that it is committed to proceed, even
though the Company's securities otherwise meet all enumerated
criteria for continued listing on Nasdaq. See Nasdaq Rule 5110(b).
See also Notice, supra note 3, 84 FR at 69009.
    \13\ See proposed Nasdaq Rule 5815(a)(1)(B)(ii). The Exchange
also proposes to make non-substantive conforming changes to Nasdaq
Rule 5815(a)(1)(A) and (B). See proposed Nasdaq Rule 5815(a)(1)(A)
and (B).
    \14\ See supra note 10 and accompanying text.
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    The Exchange stated, among other things, in support of its proposal
to eliminate the stay upon appeal for change of control situations that
it believes because the Company is a new business entity that must meet
initial listing standards it should not be traded during appeal since
the new Company never established compliance with listing standards and
that such trading could then mislead the investing public.\15\ As to
Companies in bankruptcy or liquidation, the Exchange noted, among other
things, that it believed continued trading during a delisting review by
the Hearings Panel could expose shareholders to increased

risks due to the limited information during bankruptcy proceedings and
the uncertainty of outcomes.\16\
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    \15\ See Notice, supra note 3, 84 FR at 69008.
    \16\ See id.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 1, is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange.\17\ In particular, the
Commission finds that the proposed rule change, as modified by
Amendment No. 1, is consistent with Section 6(b)(5) of the Act,\18\
which requires, among other things, that the rules of a national
securities exchange be designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. In addition, the Commission finds
that the proposed rule change, as modified by Amendment No. 1, is
consistent with Section 6(b)(7) of the Act,\19\ which requires, among
other things, that the rules of a national securities exchange provide
a fair procedure for the prohibition or limitation by the exchange of
any person with respect to access to services offered by the exchange.
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    \17\ 15 U.S.C. 78f(b). In approving this proposed rule change,
as modified by Amendment No. 1, the Commission has considered the
proposed rule change's impact on efficiency, competition, and
capital formation. See 15 U.S.C. 78c(f).
    \18\ 15 U.S.C. 78f(b)(5).
    \19\ 15 U.S.C. 78f(b)(7).
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    Nasdaq has proposed to eliminate the stay of suspension from
trading of a Company's securities, upon appeal of a Staff Delisting
Determination, during the pendency of the Hearings Panel's review where
the Staff Delisting Determination is related to the following
deficiencies: (i) A Change of Control Company whose application for
initial listing was not approved prior to consummation of the change-
of-control transaction; or (ii) a Company undergoing bankruptcy or
liquidation. As a result, even if appealed, Companies issued Staff
Delisting Determinations related to such deficiencies will have their
securities immediately suspended from trading unless and until the
Hearings Panel issues a decision that reinstates the securities.
    With respect to the proposed removal of the stay during the
pendency of the Hearings Panel's review upon appeal of a Nasdaq staff
determination to delist a Change of Control Company that did not have
its initial listing approved prior to consummation of the relevant
transaction, the Commission believes immediate suspension of trading in
such circumstances is appropriate and consistent with the Act. A Change
of Control Company following the change of control transaction with a
non-Nasdaq entity is a new business entity and, as a result, is
required by Nasdaq's rules to demonstrate compliance with the
Exchange's initial listing standards.\20\ The Commission believes, as
the Exchange has also stated, that permitting such companies to trade
on the Exchange during the pendency of the Hearings Panel review
without having demonstrated compliance with the Exchange's initial
listing standards, as is the case under the current rule, may be
misleading to investors, because it gives the appearance that the
Company has met the standards imposed by Nasdaq.
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    \20\ See supra note 11.
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    Nasdaq also noted in its proposal that the Change of Control
Company could use the benefits of its Nasdaq listing and continued
trading during the review process to achieve compliance with the
initial listing requirements it does not satisfy.\21\ The Commission
also believes that investor protection issues are raised if such a
Company can use the continued listing and trading of its securities on
the Exchange during the pendency of the hearing review process to try
to achieve compliance with initial listing requirements that it has not
met, even though the new Company never qualified initially for trading
in the first instance like any new listing applicant is required to
do.\22\ While Nasdaq stated in its proposal that newly listing
Companies must demonstrate compliance with all initial listing
requirements before they are listed,\23\ Nasdaq further noted that the
Change of Control Companies covered by the proposed rule change are
effectively new entities but have not completed the standard vetting
process conducted by the Exchange of all new listed companies and
demonstrated compliance with initial listing requirements.\24\
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    \21\ See Notice, supra note 3, 84 FR at 69008.
    \22\ See Securities Exchange Act Release No. 82478 (Jan. 9,
2018) 83 FR 2278 (Jan. 16, 2018) (Nasdaq-2018-087) (Order
Instituting Proceedings Relating to Special Purpose Acquisition
Companies Listing Standards) (``The Commission notes that initial
listing standards, absent an explicit exception, apply upon initial
listing.'').
    \23\ See Notice, supra note 3, 84 FR at 69008-09.
    \24\ See id. at 69009 (``No company may trade on The Nasdaq
Stock Market until it demonstrates compliance with the listings
qualifications rules of the Exchange.''). The Commission notes that
the fair procedure requirements under Section 6(b)(7) of the Act are
consistent with, among other things, not automatically allowing a
Company that invokes the appeal process to continue to trade during
the appeal and gain the benefit of continued listing and trading
during the pendency of that process and, in effect, gain additional
time to achieve compliance with initial listing standards that the
Company has not (and has never) met. See also discussion, infra, on
Section 6(b)(7) under the Act.
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    The Commission further believes that the Exchange's proposal to
remove the stay during the pendency of a Hearings Panel's review and
immediately suspend trading where Nasdaq Staff has determined to delist
a Company in bankruptcy or liquidation and the Company has appealed
that determination is consistent with the Act. In such situations, the
Company has acknowledged it is having insurmountable financial
difficulties and the Commission believes there are investor protection
concerns with allowing such securities to continue to trade during the
appeal process. For example, the Exchange stated that continued listing
of a Company's securities on the Exchange during the pendency of
bankruptcy proceedings exposes investors to increased risk due to the
uncertainty of the outcome and the limited information provided during
bankruptcy proceedings.\25\ In addition, the Exchange stated that, in
its experience with respect to bankrupt or liquidating Companies, there
is generally no residual equity for the current stockholders.\26\
Furthermore, the Commission believes that continued trading of the
Company's shares during the duration of the Hearings Panel's review
could be misleading to investors and, as Nasdaq stated, can create
confusion about the Company's ability to satisfy Nasdaq's initial
listing requirements upon emerging from bankruptcy as required under
Nasdaq Rule 5110(b). While a Company emerging from bankruptcy
protection may continue to be listed and traded on the Exchange if the
Company demonstrates compliance with the Exchange's initial listing
standards, Nasdaq represented that of 37 Staff Delisting Determinations
related to bankruptcy between 2016 and 2018, only one Company remained
listed and demonstrated compliance with the initial listing
requirements upon emerging from bankruptcy.\27\
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    \25\ See Notice, supra note 3, 84 FR at 69009.
    \26\ See id.
    \27\ See id. at 69009, n.12.
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    As the Commission has previously noted, the development and
enforcement of meaningful listing

standards \28\ for an exchange is of substantial importance to
financial markets and the investing public. Among other things, listing
standards provide the means for an exchange to screen issuers that seek
to become listed, and to provide listed status only to those that are
bona fide companies that have or will have sufficient public float,
investor base, and trading interest likely to generate depth and
liquidity sufficient to promote fair and orderly markets. Meaningful
listing standards also are important given investor expectations
regarding the nature of securities that have achieved an exchange
listing, and the role of an exchange in overseeing its market and
assuring compliance with its listing standards.\29\ Allowing
essentially new Companies that have not demonstrated compliance with
the Exchange's initial listing standards to continue trading on the
Exchange during the pendency of the Hearings Panel's review of a Staff
Delisting Determination may be confusing to investors and raises
investor protection concerns.\30\ Similar investor protection concerns
are present with allowing Companies that have sought bankruptcy
protection or that have announced a liquidation to continue trading on
the Exchange during the pendency of the Hearings Panel's review.\31\
The Commission believes that Nasdaq's proposal will further the
purposes of Section 6(b)(5) of the Act by, among other things,
protecting investors and the public interest by preventing continued
trading on the Exchange in such a Company's securities unless and until
the Hearings Panel determines that continued trading on Nasdaq is
appropriate.
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    \28\ The Commission notes that this reference to ``listing
standards'' is referring to both initial and continued listing
standards.
    \29\ See, e.g., Securities Exchange Act Release Nos. 65708 (Nov.
8, 2011), 76 FR 70799 (Nov. 15, 2011) (SR-NASDAQ-2011-073) (order
approving a proposal to adopt additional listing requirements for
companies applying to list after consummation of a ``reverse
merger'' with a shell company), and 57785 (May 6, 2008), 73 FR 27597
(May 13, 2008) (SR-NYSE-2018-17) (order approving a proposal to
adopt new initial and continued listing standards to list securities
of special purpose acquisition companies). See also Securities
Exchange Act Release No. 81856 (October 11, 2017), 82 FR 48296,
48298 (Oct. 17, 2017) (SR-NYSE-2017-31) (stating that in addition,
once a security has been approved for initial listing, maintenance
criteria allow an exchange to monitor the status and trading
characteristics of that issue so that fair and orderly markets can
be maintained).
    \30\ See In re Tassaway, Securities Exchange Act Release No.
11291, 45 SEC. 706, 709, 1975 SEC LEXIS 2057, at *6 (Mar. 13, 1975)
(``[P]rimary emphasis must be placed on the interests of prospective
future investors . . . [who are] entitled to assume that the
securities in [Nasdaq] meet [Nasdaq's] standards. Hence the presence
in [Nasdaq] of non-complying securities could have a serious
deceptive effect.''). See also In re Biorelease Corporation,
Securities Exchange Act Release No. 35575, 1995 SEC LEXIS 818, at
*13 (Apr. 6, 1995) (``[T]hough exclusion from the system may hurt
existing investors, primary emphasis must be placed on the interests
of prospective future investors. Prospective investors are entitled
to assume that the securities listed [on Nasdaq] meet the system's
listing standards.'').
    \31\ See supra note 27 and accompanying text.
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    The Commission further believes the proposed rule change is
consistent with Section 6(b)(7) of the Act in that it provides a fair
procedure for the prohibition or limitation by the Exchange of any
person with respect to access to services offered. The Commission notes
that pursuant to the proposal, a Company whose securities are suspended
pending its appeal would be given the same opportunity it currently has
to present its case to the Hearings Panel pursuant to current Nasdaq
rules. Further, a Company's shares will be suspended unless and until
the Hearings Panel issues a written decision determining that continued
trading on Nasdaq is appropriate. If the Panel Decision determines to
permit continued trading of the securities, the Company's shares can
then resume trading on the Exchange.\32\ The Commission believes that
limitations on trading of a Company's securities during the pendency of
the Hearings Panel's review is appropriate in the situations prescribed
by the proposed rule in light of the need to protect investors and the
public interest and that the Nasdaq's hearings review process will
continue, as it currently does, to provide a fair procedure for the
review of Staff Delisting Determinations in accordance with Section
6(b)(7) of the Act.\33\
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    \32\ See Nasdaq Rule 5815. Should the Hearings Panel decide the
Company's securities should be delisted, the Company would be
afforded an appeal of the Panel Decision to the Listing Counsel as
would any listed company or new applicant denied listing. Id.
    \33\ See also supra note 24.
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IV. Accelerated Approval of the Proposed Rule Change, as Modified by
Amendment No. 1

    The Commission finds good cause to approve the proposed rule
change, as modified by Amendment No. 1, prior to the thirtieth day
after the date of publication of notice of the filing of Amendment No.
1 in the Federal Register. Amendment No. 1 removed a change proposed in
the original filing to remove a stay where a special purpose
acquisition company, or ``SPAC,'' does not satisfy the requirements
described in IM-5101-2 that the Company must meet initial listing
requirements following the completion of a business combination with an
operating company while Nasdaq reassesses the treatment of SPACs. The
amendment did not modify the remaining two circumstances in which the
Exchange has proposed to eliminate the stay of suspension from trading
of a Company's securities following receipt of a Staff Delisting
Determination during the pendency of the Hearings Panel's review--a
Change of Control Company whose application for initial listing was not
approved prior to consummation of the change-of-control transaction, or
a Company undergoing bankruptcy or liquidation. The Commission also
notes that these remaining aspects of the proposed rule change were
noticed for comment in the Federal Register and no comments were
received in response to that notice. The Commission has also found that
the proposal, as modified by Amendment No. 1, is consistent with the
Act for the reasons discussed herein. Accordingly, the Commission finds
good cause, pursuant to Section 19(b)(2) of the Act,\34\ to approve the
proposed rule change, as modified by Amendment No. 1, on an accelerated
basis.
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    \34\ 15 U.S.C. 78s(b)(2).
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V. Solicitation of Comments on Amendment No. 1 to the Proposed Rule
Change

    Interested persons are invited to submit written data, views, and
arguments concerning whether Amendment No. 1 is consistent with the
Exchange 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 email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2019-089 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2019-089. This
file number should be included on the subject line if email 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 website (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 website viewing and printing in the Commission's Public
Reference Room, 100 F Street NE, Washington, DC 20549 on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
such filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change. Persons submitting comments are cautioned that we do
not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NASDAQ-2019-089, and should be submitted on or before April 10, 2020.

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\35\ that the proposed rule change (SR-NASDAQ-2019-089), as
modified by Amendment No. 1, be, and it hereby is, approved on an
accelerated basis.
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    \35\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\36\
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    \36\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-05850 Filed 3-19-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Rules and Regulations]
[Pages 18389-18391]
[FR Doc No: 2023-06395]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2023-0137; Special Conditions No. 25-836-SC]

Special Conditions: The Boeing Company Model 777-9 Airplane;
Installation of Large Non-Structural Glass in the Passenger Compartment

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

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the The Boeing Company
(Boeing) Model 777-9 series airplane. This airplane will have a novel
or unusual design feature when compared to the state of technology
envisioned in the airworthiness standards for transport-category
airplanes. This design feature is the installation of large, non-
structural glass in the passenger cabin. The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature. These special conditions contain the additional
safety standards that the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: This action is effective on Boeing on March 29, 2023. Send
comments on or before May 15, 2023.

ADDRESSES: Send comments identified by Docket No. FAA-2023-0137 using
any of the following methods:
     Federal eRegulations Portal: Go to https://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: Except for Confidential Business Information (CBI) as
described in the following paragraph, and other information as
described in title 14, Code of Federal Regulations (14 CFR), Sec.
11.35, the FAA will post all comments

received without change to https://www.regulations.gov/, including any
personal information you provide. The FAA will also post a report
summarizing each substantive verbal contact received about these
special conditions.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to these special
conditions contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to these special conditions, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission containing CBI as ``PROPIN.''
The FAA will treat such marked submissions as confidential under the
FOIA, and the indicated comments will not be placed in the public
docket of these special conditions. Send submissions containing CBI to
the individual listed in the FOR FURTHER INFORMATION CONTACT section
below. Comments the FAA receives, which are not specifically designated
as CBI, will be placed in the public docket for these special
conditions.
    Docket: Background documents or comments received may be read at
https://www.regulations.gov/ at any time. Follow the online
instructions for accessing the docket or go to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Shannon Lennon, Human Machine
Interface Section, AIR-626, Transport Standards Branch, Policy and
Innovation Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION: The substance of these special conditions
has been published in the Federal Register for public comment in
several prior instances with no substantive comments received.
Therefore, the FAA finds, pursuant to 14 CFR 11.38(b), that new
comments are unlikely, and notice and comment prior to this publication
are unnecessary.

Comments Invited

    The FAA invites interested people to take part in this rulemaking
by sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    The FAA will consider all comments received by the closing date for
comments, and will consider comments filed late if it is possible to do
so without incurring delay. The FAA may change these special conditions
based on the comments received.

Background

    On August 19, 2022, Boeing applied for an amendment to Type
Certificate No. T00001SE to include the new Model 777-9 series
airplane. The Boeing Model 777-9 series airplane, which is a derivative
of the Model 777-300ER currently approved under Type Certificate No.
T00001SE, is a twin-engine, transport category airplane, with capacity
for 495 passengers, and a maximum takeoff weight of 775,000 pounds.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR), Sec.  21.101, Boeing must show that the Model 777-9 airplane
meets the applicable provisions of the regulations listed in Type
Certificate No. T00001SE, or the applicable regulations in effect on
the date of application for the change, except for earlier amendments
as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 777-9 series airplane
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Boeing Model 777-9 series airplane must comply with the
fuel vent and exhaust emission requirements of 14 CFR part 34 and the
noise certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Boeing Model 777-9 series airplane will incorporate the
following novel or unusual design feature:
    This design feature is the installation of large, non-structural
glass in the passenger cabin. Possible installations of large non-
structural glass items include, but are not limited to, the following
items:

 Glass partitions
 Glass floor installations
 Glass attached to the ceiling
 Glass parts integrated in the stairway
 Wall or Door mounted mirrors and glass panels
 Mirrors as part of a door blow out panel
 Glass plate installed in a doorframe
 Washstand with glass-panel

    The installation of these glass items in the passenger compartment,
which can be occupied during taxi, take-off and landing (TT&L), is a
novel or unusual design feature with respect to the installed material.
The applicable airworthiness regulations do not contain adequate or
appropriate safety standards for these design features.

Discussion

    The use of glass results in trade-offs between the one unique
characteristic of glass--its capability for undistorted or controlled
light transmittance, or transparency--and the negative aspects of the
material. Glass, in its basic form as annealed, untreated sheet, plate,
or float glass, when compared to metals, is extremely notch-sensitive,
has a low fracture resistance, has a low modulus of elasticity, and can
be highly variable in its properties. While reasonably strong, it is
nonetheless not a desirable material for traditional airplane
applications because it is heavy (about the same density as aluminum),
and when it fails, it breaks into extremely sharp fragments that have
the potential for injury, and which have been known to be lethal. Thus,
the use of glass traditionally was limited to windshields, and
instrument or display transparencies. The regulations in 14 CFR 25.775
only address, and likewise only recognize, the unique use of glass in
windshield or window applications where no other material will serve.
This

regulation does address the adverse properties of glass, but pilots
occasionally are injured from shattered glass windshields.
    The FAA divides other uses of glass in the passenger cabin into
four groups. These groups were created to address the practical and
functional uses of glass. The four groups are as follows:
    The first group is glass items installed in rooms or areas in the
cabin that are not occupied during taxi, takeoff, and landing (TT&L),
and a person does not have to enter or pass through the room or area to
get to any emergency exit.
    The second group is glass integrated into a functional device the
operation of which is dependent upon the characteristics of glass, such
as instrument or indicator protective transparencies, or monitor
screens such as liquid crystal displays or plasma displays. This group
may be installed in any area in the cabin regardless of occupancy
during TT&L. Acceptable means of compliance for these items may depend
on the size and specific location of the device containing the glass.
    The third group is small glass items installed in occupied rooms or
areas during TT&L, or rooms or areas that a person does not have to
enter or pass through to get to any emergency exit. The FAA defines a
small glass item as less than 8.8 lbs (4 kg) in mass.
    The fourth group is large glass items, the subject of these special
conditions, installed in occupied rooms or areas during TT&L, or rooms
or areas that a person must enter or pass through to get to any
emergency exit. A large glass item is defined as 8.8 lbs (4 kg) or
greater in mass. Groups of glass items that collectively weigh 4 kg or
more would also be included. The mass is based on the amount of glass
that becomes hazardous in high inertial loads.
    The glass items in groups one, two, and three are restricted to
applications where the potential for injury is either highly localized,
such as flight-instrument faces, or the location is such that injury
due to failure of the glass is unlikely, for example mirrors in
lavatories, because these installations necessitate the use of glass.
These glass items typically are addressed in a method-of-compliance
issue paper for each project based on existing part 25 regulations, or
in established policy. These issue papers identify specific tests that
could include abuse loading and ball-impact testing. In addition, these
items are subject to the inertia loads contained in Sec.  25.561, and
maximum positive-differential pressure for items like video monitors to
meet Sec.  25.789.
    The items in group four are much larger and heavier than previously
approved, and raise additional safety concerns. These large, heavy
glass panels, primarily installed as architectural features, were not
envisioned in the regulations. The unique aspects of glass, with the
potential to become highly injurious or lethal objects during emergency
landing, minor crash conditions, or in flight, warrant a unique
approach to certification that addresses the characteristics of glass
that prevented its use in the past. These special conditions were
developed to ensure that airplanes with large glass features in
passenger cabins provide the same level of safety as airplanes using
traditional, lightweight materials. The FAA reiterates this intention
in the text of the special conditions by qualifying their use for group
four glass items.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
Boeing Model 777-9 airplane. Should the type certificate for that model
be amended later to include any other model that incorporates the same
novel or unusual design feature, or should any other model already
included on the same type certificate be modified to incorporate the
same novel or unusual design feature, these special conditions would
apply to the other model as well.

Conclusion

    This action affects only a certain novel or unusual design feature
on one model series of airplanes. It is not a rule of general
applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 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 as part of
the type certification basis for The Boeing Company Model 777-9 series
airplanes.
    For large glass items (a single item, or a collective group of
glass items, that weigh 4 kg or more in mass) installed in passenger-
occupied rooms or areas during taxi, takeoff, and landing, or installed
in rooms or areas that occupants must enter or pass through to access
any emergency exit, the glass installations on the Boeing Model 777-9
series airplanes must meet the following conditions:
    1. Material Fragmentation--The glass used must be tempered or
otherwise treated to ensure that when fractured, it breaks into small
pieces with relatively dull edges. The glass component installation
must retain all glass fragments to minimize the danger from flying
glass shards or pieces. The applicant must demonstrate this by impact
and puncture testing and testing to failure.
    2. Strength--The glass component must be strong enough to meet the
load requirements for all flight and landing loads, including any of
the applicable emergency landing conditions in subparts C & D of 14 CFR
part 25. In addition, glass components that are located such that they
are not protected from contact with cabin occupants must not fail due
to abusive loading, such as impact from occupants stumbling into,
leaning against, sitting on, or performing other intentional or
unintentional forceful contact. The effect of design details such as
geometric discontinuities or surface finish e.g., embossing, etching,
etc., must be assessed.
    3. Retention--The glass component, as installed in the airplane,
must not come free of its restraint or mounting system in the event of
an emergency landing. Both the directional loading and rebound
conditions must be assessed. The effect of design details such as
geometric discontinuities or surface finish e.g., embossing, etching,
etc., must be assessed.
    4. Instructions for Continued Airworthiness--The instructions for
continued airworthiness must reflect the fastening method used and must
ensure the reliability of the methods used (e.g., life limit of
adhesives, or clamp connection). Inspection methods and intervals must
be defined based upon adhesion data from the manufacturer of the
adhesive or actual adhesion test data, if necessary.

    Issued in Washington, DC, on date March 23, 2023.
Gregg Nesemeier, III,
Acting Manager, Technical Innovation Policy Branch, Policy and
Innovation Division, Aircraft Certification Service.
[FR Doc. 2023-06395 Filed 3-28-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Notices]
[Pages 37326-37327]
[FR Doc No: 2015-16148]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of Aspire Japan, Inc., Market & Research Corp. (n/
k/a MRC Group Ltd.), McIntosh Bancshares Inc., Pure Minerals, Inc. (f/
k/a Pure Pharmaceuticals Corp.) and Salamon Group, Inc.; Order of
Suspension of Trading

June 26, 2015.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Aspire Japan, Inc. (CIK No. 1317838) (``ASJP'' \1\), a void Delaware
corporation with its principal place of business in Los Angeles,
California, with stock quoted on OTC Link (previously, ``Pink Sheets'')
operated by OTC Markets Group Inc. (``OTC Link'') because it has not
filed any periodic reports since the period ended April 30, 2011. On
June 26, 2013, the Division of Corporation Finance (``Corporation
Finance'') sent a delinquency letter to ASJP requesting compliance with
its periodic reporting obligations at the address shown in its then-
most recent filing with the Commission, but ASJP did not receive the
delinquency letter due to its failure to maintain a valid address on
file with the Commission as required by Commission rules (Rule 301 of
Regulation S-T, 17 CFR 232.301 and Section 5.4 of the EDGAR Filer
Manual).
---------------------------------------------------------------------------

    \1\ The short form of each issuer's name is also its ticker
symbol.
---------------------------------------------------------------------------

    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Market & Research Corp. (n/k/a MRC Group Ltd. (CIK No.) 1009830)
(``MTRE''), a void Delaware corporation with its principal place of
business in Westport, Connecticut, with stock quoted on OTC Link,
because it has not filed any periodic reports since the period ended
June 30, 2010. On April 29, 2013, Corporation Finance sent a
delinquency letter to MTRE requesting compliance with its periodic
reporting obligations at the address shown in its then-most recent
filing with the Commission, but MTRE did not receive the delinquency
letter due to its failure to maintain a valid address on file with the
Commission as required by Commission rules (Rule 301 of Regulation S-T,
17 CFR 232.301 and Section 5.4 of the EDGAR Filer Manual).
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
McIntosh Bancshares Inc. (CIK No. 872545) (``MITB''), a Georgia
corporation with its principal place of business in Jackson, Georgia,
with stock quoted on OTC Link, because it has not filed any periodic
reports since the period ended September 30, 2010. On April 29, 2013,
Corporation Finance sent a delinquency letter to MITB requesting
compliance with its periodic reporting obligations at the address shown
in its then-most recent filing with the Commission, but MITB did not
receive the delinquency letter due to its failure to maintain a valid
address on file with the Commission as required by Commission rules
(Rule 301 of Regulation S-T, 17 CFR 232.301 and Section 5.4 of the
EDGAR Filer Manual).
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Pure Minerals, Inc. (f/k/a Pure Pharmaceuticals Corp.) (CIK No.
1364326) (``PPMA''), a revoked Nevada corporation with its principal
place of business in Montreal, Quebec, Canada, with stock quoted on OTC
Link, because it has not filed any periodic reports since the period
ended December 31, 2010. On June 25, 2013, Corporation Finance sent a
delinquency letter to PPMA requesting compliance with its periodic
reporting obligations at the address shown in its then-most recent
filing with the Commission which was delivered.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Salamon Group, Inc. (CIK No. 1274211) (``SLMU''), a revoked Nevada
corporation with its principal place of business in Kelowna, British
Columbia, with stock quoted on OTC Link because it has not filed any
periodic reports since the period ended June 30, 2012. On September 16,
2014, Corporation Finance sent a delinquency letter to SLMU requesting
compliance with its periodic reporting obligations at the address shown
in its then-most recent filing with the Commission, but SLMU did not
receive the delinquency letter due to its failure to maintain a valid
address on file with the Commission as required by Commission rules
(Rule 301 of Regulation S-T, 17 CFR 232.301 and Section 5.4 of the
EDGAR Filer Manual).
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that

trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EDT on June 26, 2015, through 11:59 p.m.
EDT on July 10, 2015.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-16148 Filed 6-26-15; 4:15 pm]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 24 (Monday, February 5, 2018)]
[Notices]
[Pages 5106-5107]
[FR Doc No: 2018-02181]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-0388]

Hazard Analysis and Risk-Based Preventive Controls for Food for
Animals; Draft Guidance for Industry; Availability; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability; correction.

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

SUMMARY: The Food and Drug Administration is correcting a notice
entitled ``Hazard Analysis and Risk-

Based Preventive Controls for Food for Animals; Draft Guidance for
Industry; Availability'' that appeared in the Federal Register of
January 23, 2018. The document announced the availability of a draft
guidance for industry #245 entitled ``Hazard Analysis and Risk-Based
Preventive Controls for Food for Animals.'' The document was published
with the incorrect docket number. This document corrects that error.

FOR FURTHER INFORMATION CONTACT: Lisa Granger, Office of Policy and
Planning, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
32, Rm. 3330, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In the Federal Register of Tuesday, January
23, 2018 (83 FR 3163), in FR Doc. 2018-01126, on page 3163, the
following correction is made:
    1. On page 3163, in the first column, in the header of the
document, the docket number is corrected to read ``FDA-2018-D-0388''.

    Dated: January 30, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-02181 Filed 2-2-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Proposed Rules]
[Pages 43715-43720]
[FR Doc No: 2017-19760]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0812; Product Identifier 2016-NM-198-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Model A330-200 series airplanes, Model A330-200 Freighter series
airplanes, and Model A330-300 series airplanes. This proposed AD was
prompted by an evaluation by the design approval holder (DAH)
indicating that certain fuselage structures are subject to widespread
fatigue damage (WFD). This proposed AD would require reinforcement
modifications of various structural parts of the fuselage, and related
investigative and corrective actions if necessary. We are proposing
this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by November 3,
2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus
SAS, Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45
80; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221.

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-2017-
0812; 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
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 1601 Lind
Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>; fax 425-227-
1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2017-0812;
Product Identifier 2016-NM-198-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 based on 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

    Fatigue damage can occur locally, in small areas or structural
design details, or globally, in widespread areas. Multiple-site damage
is widespread damage that occurs in a large structural element such as
a single rivet line of a lap splice joining two large skin panels.
Widespread damage can also occur in multiple elements such as adjacent
frames or stringers. Multiple-site damage and multiple-element damage
cracks are typically too small initially to be reliably detected with
normal inspection methods. Without intervention, these cracks will
grow, and eventually compromise the structural integrity of the
airplane. This condition is known as widespread fatigue damage. It is
associated with general degradation of large areas of structure with
similar structural details and stress levels. As an airplane ages, WFD
will likely occur, and will certainly occur if the airplane is operated
long enough without any intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that DAHs
establish a limit of validity (LOV) of the engineering data that
support the structural maintenance program. Operators affected by the
WFD rule may not fly an airplane beyond its LOV, unless an extended LOV
is approved.
    The WFD rule (75 FR 69746, November 15, 2010) does not require
identifying and developing maintenance actions if the DAHs can show
that such actions are not necessary to prevent WFD before the airplane
reaches the LOV. Many LOVs, however, do depend on accomplishment of
future maintenance actions. As stated in the WFD rule, any maintenance
actions necessary to reach the LOV will be mandated by airworthiness
directives through separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2016-0207, dated October 19, 2016 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model
A330-200 series airplanes, Model A330-200 Freighter series airplanes,
and Model A330-300 series airplanes. The MCAI states:

    An analysis conducted on A330 aeroplanes identified structural
areas which are susceptible to widespread fatigue damage (WFD).
    This condition, if not corrected, could lead to crack initiation
and undetected propagation, leading to reduced structural integrity
of the aeroplane, possibly resulting in rapid depressurisation and
consequent injury to occupants.
    To address this potential unsafe condition, Airbus developed a
number of modifications (Mod) and published associated Service
Bulletins (SB) for embodiment in service, to provide instructions to
reinforce the various structural parts of the fuselage.
    For the reasons described above, this [EASA] AD requires
accomplishment of these modifications and reinforcements [and
related investigative and corrective actions].

    Related investigative actions include a rotating probe hole
inspection for cracking. You may examine the MCAI in the AD docket on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2017-0812.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information. This service
information describes procedures for modifications and reinforcement of
various structural parts of the fuselage. These documents are distinct
since they apply to different airplane models in different
configurations.
     Airbus Service Bulletin A330-53-3144, Revision 01, dated
July 25, 2006.
     Airbus Service Bulletin A330-53-3144, Revision 04, dated
November 23, 2015.
     Airbus Service Bulletin A330-53-3222, Revision 01, dated
March 31, 2016.
     Airbus Service Bulletin A330-53-3223, Revision 00, dated
January 19, 2015.
     Airbus Service Bulletin A330-53-3224, Revision 01,
excluding Appendix 01 and including Appendix 02, dated April 14, 2016.
     Airbus Service Bulletin A330-53-3225, Revision 02,
excluding Appendix 01 and including Appendix 02, dated June 8, 2016.
     Airbus Service Bulletin A330-53-3226, Revision 02,
excluding Appendix 01 and including Appendices 02, 03, and 04, dated
October 27, 2016.
     Airbus Service Bulletin A330-53-3236, Revision 02,
excluding Appendix 01 and including Appendices 02 and 03, dated March
23, 2016.
     Airbus Service Bulletin A330-53-3237, Revision 01, dated
February 8, 2016.
     Airbus Service Bulletin A330-53-3238, Revision 01, dated
October 19, 2015.
     Airbus Service Bulletin A330-53-3239, Revision 01, dated
July 4, 2016.
     Airbus Service Bulletin A330-53-3244, Revision 01, dated
August 2, 2016.
     Airbus Service Bulletin A330-53-3248, Revision 02, dated
July 27, 2016.
     Airbus Service Bulletin A330-53-3251, Revision 01, dated
June 23, 2016.
     Airbus Service Bulletin A330-53-3252, Revision 01, dated
June 30, 2016.
     Airbus Service Bulletin A330-53-3257, Revision 01, dated
March 15, 2016.
     Airbus Service Bulletin A330-53-3258, Revision 00, dated
April 20, 2015.
     Airbus Service Bulletin A330-53-3259, Revision 02, dated
July 18, 2016.
     Airbus Service Bulletin A330-53-3263, Revision 01,
excluding Appendix 01 and including Appendix 02, dated December 1,
2015.

     Airbus Service Bulletin A330-53-3273, Revision 00, dated
September 28, 2016.
    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.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.

Explanation of Compliance Time

    The compliance time for the reinforcement modifications specified
in this proposed AD for addressing WFD was established to ensure that
discrepant structure is addressed before WFD develops in airplanes.
Standard inspection techniques cannot be relied on to detect WFD before
it becomes a hazard to flight. We will not grant any extensions of the
compliance time to complete any AD-mandated service bulletin related to
WFD without extensive new data that would substantiate and clearly
warrant such an extension.

Costs of Compliance

    We estimate that this proposed AD affects 99 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Action                      Labor cost                  Parts cost                  Cost per product            Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reinforcement modifications........  Up to 317 work-hours x  Up to $41,050................  Up to $67,995................  Up to $6,731,505.
                                      $85 per hour =
                                      $26,945.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

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 proposed 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 to the Director of the System Oversight
Division.

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

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 airworthiness
directive (AD):

Airbus: Docket No. FAA-2017-0812; Product Identifier 2016-NM-198-AD.

(a) Comments Due Date

    We must receive comments by November 3, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category,
all manufacturer serial numbers.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by an evaluation by the design approval
holder (DAH) indicating that certain fuselage structures are subject
to widespread fatigue damage (WFD). We are issuing this AD to
prevent crack initiation and undetected propagation in the fuselage,
which could result in reduced structural integrity of the airplane.

(f) Compliance

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

(g) Modifications

    Except as specified in paragraphs (i)(1) and (i)(2) of this AD,
before exceeding the applicable total flight cycles or total flight

hours structural modification point (SMP) for each action, as
specified in table 1 to paragraph (g) of this AD: Modify the
airplane, including all applicable related investigative actions and
corrective actions, based on the weight variant (WV) group
designations specified in table 2 to paragraph (h) of this AD, and
as specified in table 1 to paragraph (g) of this AD, except as
specified in paragraph (i)(3) of this AD. Do all applicable related
investigative actions and corrective actions before further flight.
For the purposes of this AD, the short range (SR) and long range
(LR) SMPs specified in table 1 to paragraph (g) of this AD must be
used.

                                Table 1 to Paragraph (g) of This AD--Modification
----------------------------------------------------------------------------------------------------------------
        Description of action               Applicability                SMP SR                    SMP LR
----------------------------------------------------------------------------------------------------------------
Improve circumferential joints at      Group 32A.............  32,500 total flight cycles  26,600 flight cycles.
 frames (FR) 45 and 54 of the          Group 33A.............  23,700 total flight cycles  20,400 total flight
 fuselage, in accordance with the      ......................   or 71,300 total flight      cycles
 Accomplishment Instructions of        Group 33B.............   hours, whichever occurs    23,700 total flight
 Airbus Service Bulletin                                        first.                      cycles.
 A330[dash]53[dash]3144, Revision 04,                          27,600 total flight cycles
 dated November 23, 2015 (``A330-53-                            or 83,000 total flight
 3144, R4'').                                                   hours, whichever occurs
                                                                first.
                                       Group 33C.............  23,300 total flight cycles  20,000 total flight
                                                                or 70,000 total flight      cycles.
                                                                hours, whichever occurs
                                                                first.
                                       Group 33D.............  22,700 total flight cycles  19,500 total flight
                                                                or 68,300 flight hours,     cycles.
                                                                whichever occurs first.
Improve splicing area from FR48 to     Groups 32A and 32E....  23,100 total flight cycles  20,900 total flight
 FR53-2 between stringers (STRG) 23    ......................   or 80,900 total flight      cycles.
 and 26 left hand (LH)/right hand      Group 33A.............   hours, whichever occurs    21,800 total flight
 (RH) of the fuselage, in accordance   ......................   first.                      cycles.
 with the Accomplishment Instructions  Group 33B.............  24,200 total flight cycles  17,700 total flight
 of Airbus Service Bulletin A330-53-                            or 79,100 total flight      cycles.
 3222, Revision 01, dated March 31,                             hours, whichever occurs
 2016 (``A330-53-3222, R1'') (Airbus                            first.
 Modification 204315).                                         19,700 total flight cycles
                                                                or 64,300 total flight
                                                                hours, whichever occurs
                                                                first.
                                       Groups 33C, 33D, and    21,600 total flight cycles  19,400 total flight
                                        33E.                    or 70,600 flight hours,     cycles.
                                                                whichever occurs first.
                                       A330-200F.............  27,400 total flight cycles  27,400 total flight
                                                                or 82,200 total flight      cycles or 82,200
                                                                hours, whichever occurs     total flight hours,
                                                                first.                      whichever occurs
                                                                                first.
Reinforce couplings in area FR20--     Groups 32A, 32E, 33B,   30,900 total flight cycles  30,900 total flight
 FR25/STRG20 RH--STRG22 RH of the       33C, 33D and 33E.                                   cycles.
 forward fuselage, in accordance with
 the Accomplishment Instructions of
 Airbus Service Bulletin
 A330[dash]53[dash]3223, Revision 00,
 dated January 19, 2015
 (``A330[dash]53[dash]3223, R0'').
Reinforce circumferential joint at     Group 33A.............  29,700 total flight cycles  25,500 total flight
 FR72 of the fuselage, in accordance                            or 89,600 total flight      cycles.
 with the Accomplishment Instructions                           hours, whichever occurs
 of Airbus Service Bulletin                                     first.
 A330[dash]53-3224, Revision 01,
 excluding Appendix 01 and including
 Appendix 02, dated April 14, 2016
 (``A330[dash]53-3224, R1'').
Reinforce circumferential joint at     Group 33A.............  16,300 total flight cycles  13,300 total flight
 FR58 of the fuselage, in accordance                            or 49,300 total flight      cycles or 90,700
 with the Accomplishment Instructions                           hours, whichever occurs     total flight hours,
 of Airbus Service Bulletin                                     first.                      whichever occurs
 A330[dash]53-3225, Revision 02,                                                            first.
 excluding Appendix 01 and including
 Appendix 02, dated June 8, 2016
 (``A330[dash]53-3225, R2'').
Reinforce circumferential joint        Group 32A.............  ..........................  21,000 total flight
 between FR53.6--FR53.7 for emergency  ......................  26,100 total flight cycles   cycles.
 door TYPE 1 area of the center        Groups 33C, 33D and      or 91,600 total flight     12,600 total flight
 fuselage, in accordance with the       33E.                    hours, whichever occurs     cycles or 84,800
 Accomplishment Instructions of                                 first.                      total flight hours,
 Airbus Service Bulletin A330[dash]53-                         15,600 total flight cycles   whichever occurs
 3226, Revision 02, excluding                                   or 46,800 total flight      first.
 Appendix 01 and including Appendices                           hours, whichever occurs
 02, 03, and 04, dated October 27,                              first.
 2016 (``A330-53-3226, R2''); or
 Airbus Service Bulletin
 A330[dash]53[dash]3273, Revision 00,
 dated September 28, 2016
 (``A330[dash]53[dash]3273, R0'').
                                       Group 33A.............  34,400 total flight cycles  27,800 total flight
                                                               ..........................   cycles.
                                       Group 33B.............  19,900 total flight cycles  16,100 total flight
                                                                or 59,800 total flight      cycles.
                                                                hours, whichever occurs
                                                                first.
                                       Group 32E.............  19,900 total flight cycles  16,200 total flight
                                                                or 69,900 total flight      cycles.
                                                                hours, whichever occurs
                                                                first.
Reinforce circumferential joint        Group 33A.............  30,900 total flight cycles  25,400 total flight
 between FR53.6--FR53.7 LH/RH of                                or 93,200 total flight      cycles.
 option emergency door TYPE A area of                           hours, whichever occurs
 the center fuselage, in accordance                             first.
 with the Accomplishment Instructions
 of Airbus Service Bulletin A330-53-
 3236, Revision 02, excluding
 Appendix 01 and including Appendices
 02 and 03, dated March 23, 2016
 (``A330-53-3236, R2'').
Improve fatigue life of internal       Groups 32A, 33A, 33B,   27,300 total flight cycles  27,300 total flight
 center fuselage structure on           33C, and 33D.          ..........................   cycles.
 longitudinal beams above the center   Group 32A.............  38,400 total flight cycles  38,400 total flight
 wing box, in accordance with the                                                           cycles.
 Accomplishment Instructions of
 Airbus Service Bulletin A330[dash]53-
 3237, Revision 01, dated February 8,
 2016 (``A330[dash]53-3237, R1'').
Update lower/lateral frame splicing    Group 33A.............  28,800 total flight cycles  28,800 total flight
 with corner fitting between FR53.3    Group 33B.............  36,200 total flight cycles   cycles.
 and FR54 of the center fuselage, in   Groups 33C and 33D....  34,700 total flight cycles  36,200 total flight
 accordance with the Accomplishment                                                         cycles.
 Instructions of Airbus Service                                                            34,700 total flight
 Bulletin A330[dash]53-3238, Revision                                                       cycles.
 01, dated October 19, 2015
 (``A330[dash]53-3238, R1'').
Reinforce longitudinal butt joints in  A330-200F.............  15,100 total flight cycles  15,100 total flight
 section 13, in accordance with the                                                         cycles.
 Accomplishment Instructions of
 Airbus Service Bulletin A330[dash]53-
 3239, Revision 01, dated July 4,
 2016 (``A330[dash]53-3239, R1'').
Reinforce circumferential joint at     A330-200F.............  15,500 total flight cycles  15,500 total flight
 FR31 between STRG 7LH and STRG 8RH                             or 46,500 total flight      cycles or 46,500
 of forward fuselage, in accordance                             hours, whichever occurs     total flight hours,
 with the Accomplishment Instructions                           first.                      whichever occurs
 of Airbus Service Bulletin                                                                 first.
 A330[dash]53-3244, Revision 01,
 dated August 2, 2016 (``A330[dash]53-
 3244, R1'').
Reinforce frame couplings in section   Group 33A.............  32,000 total flight cycles  32,000 total flight
 13, 14, and 14A of the forward                                                             cycles.
 fuselage, in accordance with the
 Accomplishment Instructions of
 Airbus Service Bulletin A330[dash]53-
 3248, Revision 02, dated July 27,
 2016 (``A330[dash]53-3248, R2'').

Reinforce circumferential joint/       Group 33C               38,200 total flight cycles  32,000 total flight
 stringer coupling in area of FR37.1    Pre[dash]Modification  ..........................   cycles.
 of the forward fuselage, in            46636.                 ..........................  .....................
 accordance with the Accomplishment    Groups 33C and 33D      30,600 total flight cycles  .....................
 Instructions of Airbus Service         Post-Modification       or 99,500 total flight     27,600 total flight
 Bulletin A330[dash]53-3251, Revision   46636.                  hours, whichever occurs     cycles.
 01, dated June 23, 2016                                        first.
 (``A330[dash]53-3251, R1'').
                                       Group 33E.............  32,200 total flight cycles  29,100 total flight
                                                                                cycles.
Reinforce circumferential joint/       Groups 33C and 33D,     30,600 total flight cycles  27,600 total flight
 stringer coupling in area of FR37.1    Post-Modification       or 99,500 total flight      cycles.
 of the forward fuselage, in            46636.                  hours, whichever occurs    .....................
 accordance with the Accomplishment    ......................   first.                     29,100 total flight
 Instructions of Airbus Service        Group 33E.............  32,200 total flight cycles   cycles.
 Bulletin A330[dash]53-3252, Revision
 01, dated June 30, 2016
 (``A330[dash]53-3252, R1'').
Reinforce frame couplings in rear      Groups 33A and 33B....  24,000 total flight cycles  24,000 total flight
 area of the fuselage, in accordance                                                        cycles.
 with the Accomplishment Instructions
 of Airbus Service Bulletin A330-53-
 3257, Revision 01, dated March 15,
 2016 (``A330[dash]53-3257, R1'').
Reinforce corner fittings in section   Group 32A.............  31,800 total flight cycles  31,800 total flight
 13 of the forward fuselage, in                                                             cycles.
 accordance with the Accomplishment
 Instructions of Airbus Service
 Bulletin A330[dash]53[dash]3258,
 Revision 00, dated April 20, 2015
 (``A330[dash]53[dash]3258, R0'').
Reinforce circumferential joint at     Group 32E.............  18,500 total flight cycles  14,600 total flight
 FR58 (aeroplane Post-Modification                              or 65,400 total flight      cycles or 95,700
 40556/D18255) of the rear fuselage,                            hours, whichever occurs     total flight hours,
 in accordance with the                                         first.                      whichever occurs
 Accomplishment Instructions of                                                             first.
 Airbus Service Bulletin A330[dash]53-
 3259, Revision 02, dated July 18,
 2016 (``A330[dash]53-3259, R2'').
                                       Group 33A.............  34,800 total flight cycles  28,400 total flight
                                                                                cycles.
                                       Group 33B.............  33,500 total flight cycles  27,400 total flight
                                                                                cycles.
Reinforce frames in rear area of the   Groups 32A, 32E, 33B,   23,300 total flight cycles  20,800 total flight
 fuselage, in accordance with the       33C, 33D, and 33E.      or 69,700 total flight      cycles.
 Accomplishment Instructions of                                 hours, whichever occurs
 Airbus Service Bulletin A330[dash]53-                          first.
 3263, Revision 01, excluding
 Appendix 01 and including Appendix
 02, dated December 1, 2015
 (``A330[dash]53-3263, R1'').
----------------------------------------------------------------------------------------------------------------

(h) Weight Variant (WV) Group Designations

    For the purposes of this AD, table 2 to paragraph (h) of this AD
identifies the WV group designations specified in the
``Applicability'' column of Table 1 to paragraph (g) and Table 3 to
paragraph (i) of this AD:

       Table 2 to Paragraph (h) of This AD--WV Group Designations
------------------------------------------------------------------------
        Airplane model               WV group         Weight variants
------------------------------------------------------------------------
A330-200......................  Group 32A........  020, 021, 022, 023,
                                                    024, 025, 026, and
                                                    027.
                                Group 32E........  050, 051, 052, 053,
                                                    054, 055, 056, 057,
                                                    058, 059, 060, 061,
                                                    062, 063, 064, 080,
                                                    081, 082, and 083.
A330-200F.....................  N/A..............  000, 001, and 002.
A330-300......................  Group 33A........  000, 001, 002, 003,
                                                    and 004.
                                Group 33B........  010, 011, 012, 013,
                                                    and 014.
                                Group 33C........  020, 024, 025, 026,
                                                    and 027.
                                Group 33D........  022.
                                Group 33E........  030, 031, 032, 033,
                                                    034, 035, 039, 050,
                                                    051, 052, 053, 054,
                                                    055, 056, 057, 058,
                                                    059, 060, 080, 081,
                                                    082, and 083.
------------------------------------------------------------------------

(i) Exceptions to Service Information and Compliance Times

    (1) Do not do the applicable modifications required by paragraph
(g) of this AD before the applicable times specified in table 3 to
paragraph (i) of this AD. Where two limits (total flight cycles and
total flight hours) within the same sub-row of the table are
specified, both times must be exceeded before accomplishment of the
modification. For airplanes already modified before the threshold
specified in table 3 to paragraph (i) of this AD is reached, within
6 months after the effective date of this AD, obtain instructions
for additional maintenance tasks (modifications/inspections) from
and approved by the Manager, International Section, Transport
Standards Branch, FAA; or the European Aviation Safety Agency
(EASA); or Airbus's EASA Design Organization Approval (DOA), and
accomplish those tasks within the compliance time specified therein.
    (2) For airplanes that have already reached or exceeded the SMP
threshold(s), as specified for each action in table 1 to paragraph
(g) of this AD, as applicable, accomplishment of the modification
can be deferred for a period not exceeding 12 months after the
effective of this AD; except for accomplishment of the modifications
specified in A330-53-3237, R1, which can be deferred for a period
not exceeding 15 months after the effective date of this AD.
    (3) If any service information specified in paragraph (g) or (j)
of this AD specifies to contact Airbus for appropriate action:
Before further flight, accomplish corrective actions in accordance
with the procedures specified in paragraph (l)(2) of this AD.

  Table 3 to Paragraph (i) of This AD --Compliance Time Lower Threshold
------------------------------------------------------------------------
    Airbus Service Bulletin                           Modification not
        (modification)            Applicability           before:
------------------------------------------------------------------------
A330-53-3222, R1..............  Groups 32A, 32E,   10,000 total flight
                                 33A, 33C, 33D      cycles.
                                 and 33E.
                                Group 33B........  12,000 total flight
                                                    cycles.
                                A330-200F........  8,900 total flight
                                                    cycles and 26,600
                                                    total flight hours.
A330-53-3224, R1..............  Group 33A........  10,000 total flight
                                                    cycles and 6,600
                                                    total flight hours.
A330-53-3225, R2..............  Group 33A........  3,900 total flight
                                                    cycles and 10,200
                                                    total flight hours.
A330-53-3237, R1..............  Groups 32A, 33A,   3,900 total flight
                                 33B, 33C, and      cycles.
                                 33D.
A330-53-3238, R1..............  Groups 32A, 33A,   9,000 total flight
                                 33B, 33C, and      cycles.
                                 33D.
------------------------------------------------------------------------

(j) Additional Work for Certain Airplanes

    For airplanes that have been modified before the effective date
of this AD, in accordance with Airbus Service Bulletin A330-53-3144,
Revision 00, dated August 23, 2005; Airbus Service Bulletin A330-53-
3222, Revision 00, dated January 15, 2015; or Airbus Service
Bulletin A330-53-3237, Revision 00, dated January 15, 2015, as
applicable: Within 12 months after the effective date of this AD,
accomplish the additional work specified in the Accomplishment
Instructions of Airbus Service Bulletin A330-53-3144, Revision 01,
dated July 25, 2006; A330-53-3222, R1; and A330-53-3237, R1; as
applicable.

(k) Credit for Previous Actions

    This paragraph provides credit for applicable actions required
by paragraph (g) of this AD, if those actions were performed before
the effective date of this AD using the applicable service
information specified in paragraphs (k)(1) through (k)(19) of this
AD.
    (1) Airbus Service Bulletin A330-53-3144, Revision 01, dated
July 25, 2006.
    (2) Airbus Service Bulletin A330-53-3144, Revision 02, dated
April 20, 2011.
    (3) Airbus Service Bulletin A330-53-3144, Revision 03, dated
January 15, 2015.
    (4) Airbus Service Bulletin A330-53-3224, Revision 00, dated
January 16, 2015.
    (5) Airbus Service Bulletin A330-53-3225, Revision 00, dated
January 16, 2015.
    (6) Airbus Service Bulletin A330-53-3225, Revision 01, dated
February 26, 2016.
    (7) Airbus Service Bulletin A330-53-3226, Revision 00, dated
January 15, 2015.
    (8) Airbus Service Bulletin A330-53-3226, Revision 01, dated
March 3, 2016.
    (9) Airbus Service Bulletin A330-53-3236, Revision 00, dated
January 15, 2015.
    (10) Airbus Service Bulletin A330-53-3236, Revision 01, dated
August 24, 2015.
    (11) Airbus Service Bulletin A330-53-3238, Revision 00, dated
January 15, 2015.
    (12) Airbus Service Bulletin A330-53-3239, Revision 00, dated
April 20, 2015.
    (13) Airbus Service Bulletin A330-53-3244, Revision 00, dated
April 7, 2015.
    (14) Airbus Service Bulletin A330-53-3251, Revision 00, dated
May 13, 2015.
    (15) Airbus Service Bulletin A330-53-3252, Revision 00, dated
April 10, 2015.
    (16) Airbus Service Bulletin A330-53-3257, Revision 00, dated
July 21, 2015.
    (17) Airbus Service Bulletin A330-53-3259, Revision 00, dated
May 11, 2015.
    (18) Airbus Service Bulletin A330-53-3259, Revision 01, dated
February 26, 2016.
    (19) Airbus Service Bulletin A330-53-3263, Revision 00, dated
July 21, 2015.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 International Section, send it to the attention of
the person identified in paragraph (m)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus's EASA Design Organization Approval
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i) of this AD: If any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified 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 procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2016-0207, dated October 19, 2016, for related
information. This MCAI may be found in the AD docket on the Internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2017-0812.
    (2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. You may view this service
information at the FAA, Transport Standards Branch, 1601 Lind Avenue
SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on September 7, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-19760 Filed 9-18-17; 8:45 am]
 BILLING CODE 4910-13-P