			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on September 25, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 2003-16217

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  VOLGA-DNEPR J.S. CARGO AIRLINE
                 Date Filed:  September 23, 2003

Relief requested:  Exemption from 49 U.S.C. section 40109(g) to permit
the applicant to operate one, one-way cargo charter flight from North
Island NAS, California, to Denver, Colorado, on or about October 1-6,
2003, using its AN-124-100 aircraft, to carry one Lockheed Martin Space
Systems Centaur III Launch Vehicle Upper Stage payload and associated
equipment, on behalf of Lockheed Martin.  The applicant stated that
Lockheed Martin needs prompt shipment of this cargo to Denver to
complete aggressive assembly and launch-integration schedules, that the
cargo is too large for transportation on U.S.-carrier aircraft; and that
surface transportation is not feasible because of the delicate nature
and high value of the cargo, and conditions unsuitable to maintaining
system integrity compliance.

Applicant representative:  Glenn P. Wicks,<PHONE_NUMBER>         DOT
analyst:  Allen F. Brown,<PHONE_NUMBER>

Responsive pleadings:  Volga-Dnepr served its application on those U.S.
carriers operating large all-cargo aircraft.  Each carrier indicated
that it did not have aircraft available to conduct the proposed
operations and that it had no comment or did not oppose grant of the
requested authority.

Statutory Standards:  Under 49 U.S.C. section 40109(g), we may authorize
a foreign air carrier to carry commercial traffic between U.S. points
(i.e., cabotage traffic) under limited circumstances.  Specifically, we
must find that the authority is required in the public interest; that
because of an emergency created by unusual circumstances not arising in
the normal course of business the traffic cannot be accommodated by U.S.
carriers holding certificates under 49 U.S.C. section 41102; that all
possible efforts have been made to place the traffic on U.S. carriers;
and that the transportation is necessary to avoid unreasonable hardship
to the traffic involved (an additional required finding, concerning
emergency transportation during labor disputes, was not relevant here).

        DISPOSITION

Action: Approved
                                             Action date:  September 25,
2003

Effective dates of authority granted:  September 25, 2003, through
October 8, 2003

Basis for approval:  We are granting Volga-Dnepr’s request to operate
its proposed one-way flight from North Island to Denver, through October
8, 2003.  We found that its request met all the relevant criteria of 49
U.S.C. section 40109(g) for the grant of an exemption of this type and
that the grant was required in the public interest.  Specifically, we
were persuaded that the need to move the cargo promptly in order to meet
the urgent assembly and launch-integration schedules, the fact that the
cargo could not be transported by surface transportation because of its
delicate nature and high value, the potential negative impact of
delivery delay; and the unique, outsized nature of the cargo,
constituted an emergency not arising in the normal course of business.
Moreover, based on the representations of the U.S. carriers, we
concluded that no U.S. carrier had aircraft available that could be used
to conduct the operations at issue here.  We also found that grant of
this authority would prevent unreasonable hardship to Lockheed Martin
Space Systems.  Finally, we found that the applicant was qualified to
perform its proposed operation.

Except to the extent exempted/waived, this authority is subject to our
standard exemption conditions and to the condition that the applicant
must comply with an FAA-approved flight routing for the authorized
operation.

Action taken by:      Michael W. Reynolds

                                  Acting Assistant Secretary for

                                     Aviation and International Affairs

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp


[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Rules and Regulations]
[Pages 67372-67375]
[FR Doc No: 2011-28217]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8203]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities, where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP), that are scheduled for suspension on the effective
dates listed within this rule because of noncompliance with the
floodplain management requirements of the program. If the Federal
Emergency Management Agency (FEMA) receives documentation that the
community has adopted the required floodplain management measures prior
to the effective suspension date given in this rule, the suspension
will not occur and a notice of this will be provided by publication in
the Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Mitigation Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
flood insurance which is generally not otherwise available. In return,
communities agree to adopt and administer local floodplain management
aimed at protecting lives and new construction from future flooding.
Section 1315 of the National Flood Insurance Act of 1968, as amended,
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under
the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body
adopts adequate floodplain management measures with effective
enforcement measures. The communities listed in this document no longer
meet that statutory requirement for compliance with program
regulations, 44 CFR part 59. Accordingly, the communities will be
suspended on the effective date in the third column. As of that date,
flood insurance will no longer be available in the community. However,
some of these communities may adopt and submit the required
documentation of legally enforceable floodplain management measures
after this rule is published but prior to the actual suspension date.
These communities will not be suspended and will continue their
eligibility for the sale of insurance. A notice withdrawing the
suspension of the communities will be published in the Federal
Register.
    In addition, FEMA has identified the Special Flood Hazard Areas
(SFHAs) in these communities by publishing a Flood Insurance Rate Map
(FIRM). The date of the FIRM, if one has been published, is indicated
in the fourth column of the table. No direct Federal financial
assistance (except assistance pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act not in connection with a
flood) may legally be provided for construction or acquisition of
buildings in identified SFHAs for communities not participating in the
NFIP and identified for more than a year, on FEMA's initial flood
insurance map of the community as having flood-prone areas (section
202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a),
as amended). This prohibition against certain types of Federal
assistance becomes effective for the communities listed on the date
shown in the last column. The Administrator finds that notice and
public comment under 5 U.S.C. 553(b) are impracticable and unnecessary
because communities listed in this final rule have been adequately
notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance coverage unless an appropriate
public body adopts adequate floodplain management measures with
effective enforcement measures. The communities listed no longer comply
with the statutory requirements, and after the effective date, flood
insurance will no longer be available in the communities unless
remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                Effective date
                                                authorization/
                                  Community     cancellation of   Current effective  map   Date certain  Federal
      State and location             No.         sale of flood             date            assistance no longer
                                                 insurance in                               available in  SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
          Region III

Pennsylvania:
    Beccaria, Township of,            421512  April 8, 1976,      Nov. 2, 2011..........  Nov. 2, 2011.
     Clearfield County.                        Emerg; July 4,
                                               1989, Reg;
                                               November 2, 2011,
                                               Susp.
    Bigler, Township of,              421514  January 22, 1976,   .....do...............   Do.
     Clearfield County.                        Emerg; November
                                               16, 1990, Reg;
                                               November 2, 2011,
                                               Susp.

    Bloom, Township of,               422379  September 21,       ......do..............   Do.
     Clearfield County.                        1979, Emerg;
                                               August 24, 1984,
                                               Reg; November 2,
                                               2011, Susp.
    Boggs, Township of,               421515  May 11, 1984,       ......do..............   Do.
     Clearfield County.                        Emerg; April 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Bradford, Township of,            421516  November 7, 1979,   ......do..............   Do.
     Clearfield County.                        Emerg; April 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Brady, Township of,               421517  February 1, 1977,   ......do..............   Do.
     Clearfield County.                        Emerg; August 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Brisbin, Borough of,              420297  September 21,       ......do..............   Do.
     Clearfield County.                        1976, Emerg;
                                               August 3, 1984,
                                               Reg; November 2,
                                               2011, Susp.
    Burnside, Borough of,             420298  February 28, 1977,  ......do..............   Do.
     Clearfield County.                        Emerg; July 17,
                                               1989, Reg;
                                               November 2, 2011,
                                               Susp.
    Burnside, Township of,            421518  January 29, 1976,   ......do..............   Do.
     Clearfield County.                        Emerg; August 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Chest, Township of,               421519  April 11, 1980,     ......do..............   Do.
     Clearfield County.                        Emerg; August 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Clearfield, Borough of,           420300  August 24, 1973,    ......do..............   Do.
     Clearfield County.                        Emerg; September
                                               5, 1979, Reg;
                                               November 2, 2011,
                                               Susp.
    Coalport, Borough of,             420301  August 12, 1975,    ......do..............   Do.
     Clearfield County.                        Emerg; July 4,
                                               1989, Reg;
                                               November 2, 2011,
                                               Susp.
    Cooper, Township of,              421520  January 13, 1976,   ......do..............   Do.
     Clearfield County.                        Emerg; August 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Covington, Township of,           421521  October 6, 1976,    ......do..............   Do.
     Clearfield County.                        Emerg; April 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Curwensville, Borough of,         420302  April 7, 1975,      ......do..............   Do.
     Clearfield County.                        Emerg; July 4,
                                               1989, Reg;
                                               November 2, 2011,
                                               Susp.
    Decatur, Township of,             421189  March 18, 1977,     ......do..............   Do.
     Clearfield County.                        Emerg; November
                                               16, 1990, Reg;
                                               November 2, 2011,
                                               Susp.
    Dubois, City of,                  420303  December 19, 1973,  ......do..............   Do.
     Clearfield County.                        Emerg; December
                                               1, 1978, Reg;
                                               November 2, 2011,
                                               Susp.
    Ferguson, Township of,            422380  September 27,       ......do..............   Do.
     Clearfield County.                        1976, Emerg;
                                               August 3, 1984,
                                               Reg; November 2,
                                               2011, Susp.
    Girard, Township of,              422381  October 12, 1976,   ......do..............   Do.
     Clearfield County.                        Emerg; June 17,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Glen Hope, Borough of,            420305  March 2, 1977,      ......do..............   Do.
     Clearfield County.                        Emerg; April 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Goshen, Township of,              422382  March 8, 1976,      ......do..............   Do.
     Clearfield County.                        Emerg; April 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Graham, Township of,              421522  October 5, 1976,    ......do..............   Do.
     Clearfield County.                        Emerg; April 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Grampian, Borough of,             420306  July 24, 1975,      ......do..............   Do.
     Clearfield County.                        Emerg; July 4,
                                               1989, Reg;
                                               November 2, 2011,
                                               Susp.
    Greenwood, Township of,           421523  August 10, 1979,    ......do..............   Do.
     Clearfield County.                        Emerg; August 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Gulich, Township of,              421524  January 21, 1976,   ......do..............   Do.
     Clearfield County.                        Emerg; November
                                               16, 1990, Reg;
                                               November 2, 2011,
                                               Susp.
    Houtzdale, Borough of,            420307  January 26, 1977,   ......do..............   Do.
     Clearfield County.                        Emerg; April 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Huston, Township of,              421525  February 24, 1981,  ......do..............   Do.
     Clearfield County.                        Emerg; January 3,
                                               1990, Reg;
                                               November 2, 2011,
                                               Susp.
    Irvona, Borough of,               420308  December 6, 1976,   ......do..............   Do.
     Clearfield County.                        Emerg; November
                                               3, 1989, Reg;
                                               November 2, 2011,
                                               Susp.
    Karthaus, Township of,            421526  February 28, 1977,  ......do..............   Do.
     Clearfield County.                        Emerg; April 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Mahaffey, Borough of,             420310  February 28, 1977,  ......do..............   Do.
     Clearfield County.                        Emerg; July 4,
                                               1989, Reg;
                                               November 2, 2011,
                                               Susp.
    Morris, Township of,              421529  November 17, 1975,  ......do..............   Do.
     Clearfield County.                        Emerg; December
                                               5, 1989, Reg;
                                               November 2, 2011,
                                               Susp.
    New Washington, Borough           420312  March 16, 1977,     ......do..............   Do.
     of, Clearfield County.                    Emerg; August 3,
                                               1984, Reg;
                                               November 2, 2011,
                                               Susp.
    Pike, Township of,                421190  December 3, 1979,   ......do..............   Do.
     Clearfield County.                        Emerg; September
                                               15, 1989, Reg;
                                               November 2, 2011,
                                               Susp.
    Sandy, Township of,               421191  July 9, 1975,       ......do..............   Do.
     Clearfield County.                        Emerg; September
                                               6, 1989, Reg;
                                               November 2, 2011,
                                               Susp.
    Troutville, City of,              420315  March 14, 1980,     ......do..............   Do.
     Clearfield County.                        Emerg; December
                                               17, 1985, Reg;
                                               November 2, 2011,
                                               Susp.
    Union, Township of,               421531  January 12, 1984,   ......do..............   Do.
     Clearfield County.                        Emerg; September
                                               1, 1987, Reg;
                                               November 2, 2011,
                                               Susp.
    Westover, Borough of,             420317  July 23, 1975,      ......do..............   Do.
     Clearfield County.                        Emerg; August 15,
                                               1989, Reg;
                                               November 2, 2011,
                                               Susp.

Virginia: Poquoson, City of,          510183  August 29, 1973,    ......do..............   Do.
 Independent City.                             Emerg; May 16,
                                               1977, Reg;
                                               November 2, 2011,
                                               Susp.

           Region IV

Alabama:
    Auburn, City of, Lee              010144  November 21, 1974,  ......do..............   Do.
     County.                                   Emerg; September
                                               16, 1981, Reg;
                                               November 2, 2011,
                                               Susp.
    Lee County, Unincorporated        010250  N/A, Emerg;         ......do..............   Do.
     Areas.                                    December 29,
                                               2005, Reg;
                                               November 2, 2011,
                                               Susp.
    Opelika, City of, Lee             010145  June 20, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               16, 1981, Reg;
                                               November 2, 2011,
                                               Susp.
    Smiths Station, City of,          010491  N/A, Emerg; August  ......do..............   Do.
     Lee County.                               24, 2009, Reg;
                                               November 2, 2011,
                                               Susp.
    Demopolis, City of,               010157  August 21, 1975,    ......do..............   Do.
     Marengo County.                           Emerg; December
                                               17, 1987, Reg;
                                               November 2, 2011,
                                               Susp.
    Linden, City of, Marengo          010158  December 27, 1974,  ......do..............   Do.
     County.                                   Emerg; September
                                               18, 1985, Reg;
                                               November 2, 2011,
                                               Susp.
    Marengo County,                   010156  July 21, 1975,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; January
                                               17, 1990, Reg;
                                               November 2, 2011,
                                               Susp.
    Providence, Town of,              010159  N/A, Emerg;         ......do..............   Do.
     Marengo County.                           January 30, 2008,
                                               Reg; November 2,
                                               2011, Susp.
    Thomaston, Town of,               010273  June 8, 1976,       ......do..............   Do.
     Marengo County.                           Emerg; August 19,
                                               1985, Reg;
                                               November 2, 2011,
                                               Susp.
Kentucky:
    McCracken County,                 210151  July 24, 1975,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 4,
                                               1980, Reg;
                                               November 2, 2011,
                                               Susp.
    Paducah, City of,                 210152  May 12, 1975,       ......do..............   Do.
     McCracken County.                         Emerg; April 15,
                                               1980, Reg;
                                               November 2, 2011,
                                               Susp.
Tennessee:
    Claiborne County,                 470212  April 16, 1974,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 4,
                                               1988, Reg;
                                               November 2, 2011,
                                               Susp.
    New Tazewell, City of,            470030  November 1, 1974,   ......do..............   Do.
     Claiborne County.                         Emerg; August 5,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Tazewell, City of,                475449  October 30, 1970,   ......do..............   Do.
     Claiborne County.                         Emerg; October
                                               30, 1970, Reg;
                                               November 2, 2011,
                                               Susp.

           Region V
Illinois:
    Cave-In-Rock, Village of,         170274  August 27, 1975,    ......do..............   Do.
     Hardin County.                            Emerg; December
                                               1, 1983, Reg;
                                               November 2, 2011,
                                               Susp.
    Elizabethtown, Village of,        170275  July 2, 1975,       ......do..............   Do.
     Hardin County.                            Emerg; September
                                               15, 1983, Reg;
                                               November 2, 2011,
                                               Susp.
    Rosiclare, City of, Hardin        170276  July 3, 1975,       ......do..............   Do.
     County.                                   Emerg; September
                                               15, 1983, Reg;
                                               November 2, 2011,
                                               Susp.
----------------------------------------------------------------------------------------------------------------
......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: October 13, 2011.
Edward L. Connor,
Deputy Associate Administrator for Federal Insurance, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-28217 Filed 10-31-11; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: February 9, 2010 (Volume 75, Number 26)]
[Notices]
[Page 6426-6428]
[DOCID:fr09fe10-110]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61486; File No. SR-Phlx-2010-18]

Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of
Filing of Proposed Rule Change To Codify Prices for Co-Location
Services

February 3, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 29, 2010, NASDAQ OMX PHLX (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been substantially prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

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

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

    NASDAQ OMX PHLX is filing with the Securities and Exchange
Commission (``Commission'') a proposed rule change to codify pricing
for co-location services. The text of the proposed rule change is
available at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
on the Commission's Web site at http://www.sec.gov, at the Exchange's
principal office, and at the Commission's Public Reference Room. The
Exchange will implement the proposed rule change on the first day of
the month immediately following Commission approval (or on the date of
approval, if on the first business day of a month).

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

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

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

1. Purpose
    The Exchange is proposing to codify fees for its existing co-
location services. Co-location services are a suite of hardware, power,
telecommunication, and other ancillary products and services that allow
market participants and vendors to place their trading and
communications equipment in close physical proximity to the quoting and
execution facilities of the Exchange. Phlx provides co-location
services and imposes fees through Nasdaq Technology Services LLC and
pursuant to agreements with the owner/operator of its data center where
both the Exchange's quoting and trading facilities and co-located
customer equipment are

housed.\3\ Users of co-location services include private extranet
providers, data vendors, as well as the Exchange members and non-
members. The use of co-location services is entirely voluntary.
---------------------------------------------------------------------------

    \3\ Currently, the Exchange provides its current co-location
services through data centers located in the New York City and Mid-
Atlantic areas.
---------------------------------------------------------------------------

    As detailed in the proposed co-location fee schedule, the Exchange
imposes a uniform, non-discriminatory set of fees for various co-
location services, including: Fees for cabinet space usage, or options
for future space usage \4\; installation and related power provision
for hosted equipment; connectivity among multiple cabinets being used
by the same customer as well as customer connectivity to the Exchange
and telecommunications providers \5\; and related maintenance and
consulting services. Fees related to cabinet and power usage are
incremental, with additional charges being imposed based on higher
levels of cabinet and/or power usage, the use of non-standard cabinet
sizes or special cabinet cooling equipment, or the re-selling of
cabinet space.
---------------------------------------------------------------------------

    \4\ NASDAQ OMX PHLX is implementing a Cabinet Proximity Option
program where, for a monthly a fee, customers can obtain an option
for future use on available currently-unused cabinet floor space in
proximity to their existing equipment. Under the program, customers
can reserve up to maximum of 20 cabinets which the Exchange will
endeavor to provide as close as reasonably possible to the
customer's existing cabinet space, taking into consideration power
availability within segments of the datacenter and the overall
efficiency of use of datacenter resources as determined by the
Exchange. Should reserved datacenter space be needed for use, the
reserving customer will have three business days to formally
contract with the Exchange for full payment for the reserved cabinet
space in contention or it will be reassigned. In making
determinations to require exercise or relinquishment of reserved
space as among numerous customers, the Exchange will take into
consideration several factors, including: Proximity between
available reserved cabinet space and the existing space of a
customer seeking additional space for actual cabinet usage; a
customer's ratio of cabinets in use to those reserved; the length of
time that a particular reservation(s) has been in place; and any
other factor that the Exchange deems relevant to ensure overall
efficiency in use of the datacenter space.
    \5\ These fees are for telecommunications connectivity only.
Market Data fees are charged independently by NASDAQ OMX PHLX and
other exchanges.
---------------------------------------------------------------------------

    Co-location customers are not provided any separate or superior
means of direct access to the Exchange quoting and trading facilities.
Nor does the Exchange offer any separate or superior means of access to
the Exchange quoting and trading facilities as among co-location
customers themselves within in [sic] the datacenter. Likewise, the
Exchange does not make available to co-located customers any market
data or data feed product or service for data going into, or out of,
the Exchange systems that is not likewise available to all the Exchange
members.\6\ Finally, all orders sent to the Exchange market enter the
marketplace through [sic] same central system quote and order gateway
regardless of whether the sender is co-located in the Exchange data
center or not. In short, the Exchange has created no special market
technology or programming that is available only to co-located
customers and the Exchange has organized its systems to minimize, to
the greatest extent possible, any advantage for one customer versus
another.
---------------------------------------------------------------------------

    \6\ Currently, the Exchange makes available to co-located
customers a 10Gb fiber connection. The Exchange will likewise make
available a 10Gb fiber connection to other customers in the first
quarter of 2010. The Exchange has not received any requests for 10Gb
fiber connections from firms that are not co-located.
---------------------------------------------------------------------------

    Co-location services are generally available to all qualified
market participants who desire them. With the exception of customers
participating in the Cabinet Proximity Option program, the Exchange
allocates cabinets and power on a first-come/first-serve basis. Should
available cabinet inventory shrink to 40 cabinets or less, the Exchange
will limit new cabinet orders to a maximum of 4 cabinets each, and all
new cabinets will be limited to a maximum power level of 5kW. Should
available cabinet inventory shrink to zero, the Exchange will place
firms seeking services on a waiting list based on that the Exchange
receives signed orders for the services from the firm. In order to be
placed on the waiting list, a firm must have utilized all existing
cabinets they already have in the datacenter. Once on the list, the
firms, on a rolling basis, will allocated a single 5kW cabinet each
time one becomes available. After receiving a cabinet, the firm will
move to the bottom of the waiting list.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\7\ in general, and with
Section 6(b)(5) of the Act,\8\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, 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
particular, the filing codifies and makes transparent the uniform fees
imposed by the Exchange's technology subsidiary for co-location
services.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    A. by order approve such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2010-18 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2010-18. This file
number should be included on the

subject line if e-mail is used. To help the Commission process and
review your comments more efficiently, please use only one method. The
Commission will post all comments on the Commission's Internet Web site
(http://www.sec.gov/rules/sro.shtml). Copies of the submission, all
subsequent amendments, all written statements with respect to the
proposed rule change that are filed with the Commission, and all
written communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site 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 a.m. and 3 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; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Phlx-2010-18 and should be submitted on or before March
2, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-2787 Filed 2-8-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Notices]
[Pages 28043-28045]
[FR Doc No: 2011-11744]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0015]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Orphan Drugs; Common
European Medicines Agency/Food and Drug Administration Application Form
for Orphan Medicinal Product Designation (Form FDA 3671)

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by June
13, 2011.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0167.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400B,
Rockville, MD 20850,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance:

Orphan Drugs; Common EMA/FDA Application Form for Orphan Medicinal
Product Designation (Form FDA 3671)--21 CFR Part 316--(OMB Control
Number 0910-0167)--Extension

    Sections 525 through 528 of the Federal Food, Drug, and Cosmetic
Act (the FD&C Act) (21 U.S.C. 360aa through 360 dd) give FDA statutory
authority to do the following: (1) Provide recommendations on
investigations required for approval of marketing applications for
orphan drugs, (2) designate eligible drugs as orphan drugs, (3) set
forth conditions under which a sponsor of an approved orphan drug
obtains exclusive approval, and (4) encourage sponsors to make orphan
drugs available for treatment on an ``open protocol'' basis before the
drug has been approved for general marketing. The implementing
regulations for these statutory requirements have been codified under
part 316 (21 CFR part 316) and specify procedures that sponsors of
orphan drugs use in availing themselves of the incentives provided for
orphan drugs in the FD& C Act and sets forth procedures FDA will use in
administering the FD& C Act with regard to orphan drugs. Section 316.10
specifies the content and format of a request for written
recommendations concerning the nonclinical laboratory studies and
clinical investigations necessary for approval of marketing
applications. Section 316.12 provides that, before providing such
recommendations, FDA may require results of studies to be submitted for
review. Section 316.14 contains provisions permitting FDA to refuse to
provide written recommendations under certain circumstances. Within 90
days of any refusal, a sponsor may submit additional information
specified by FDA. Based on past experience, the FDA estimates that
there will be two respondents to Sec. Sec.  316.10, 316.12, and 316.14
requiring 200 hours of human resources annually.
    Section 316.20 specifies the content and format of an orphan drug
application which includes requirements that an applicant document that
the disease is rare (affects fewer than 200,000 persons in the United
States annually) or that the sponsor of the drug has no reasonable
expectation of recovering costs of research and development of the
drug. Section 316.21 specifies content of a request for orphan drug
designation required for verification of orphan-drug status. Section
316.26 allows an applicant to amend the applications under certain
circumstances. The Common European Medicines Agency (EMA)/FDA
Application Form for Orphan Medicinal Product Designation (form FDA
3671) is intended to benefit sponsors who desire to seek orphan
designation of drugs intended for rare diseases or conditions from both
the European Commission and FDA by reducing the burden of preparing
separate applications to meet the regulatory requirements in each
jurisdiction. It highlights the regulatory cooperation between the
United States and the European Union mandated by the Transatlantic
Economic Council. The FDA does not believe the new form will result in
any increased burden on the respondents and therefore we estimate no
additional burden. Based on past experience, FDA estimates there will
be 214 respondents requiring 64,200 hours of human resources annually.
Section 316.22 specifies requirement of a permanent resident agent for
foreign sponsors. Based on past experience, FDA estimates 55
respondents requiring 110 hours of human resources annually. Section
316.27 specifies content of a change in ownership of orphan-drug
designation. Based on past experience, FDA estimates 43 respondents
requiring 215 hours of human resources annually. Section 316.30
requires submission of annual reports, including progress reports on
studies, a description of the investigational plan, and a discussion of
changes that may affect orphan status. Based on number of orphan-drug
designations, the number of respondents is estimated as 1,652 requiring
4,956 hours of human resources annually. Finally, Sec.  316.36
describes information required of sponsor when there is insufficient
quantity of approved orphan drug. Based on past experience, FDA
estimates 1 respondent requiring 45 hours of human resources annually.
    The information requested will provide the basis for an FDA
determination that the drug is for a rare disease or condition and
satisfies the requirements for obtaining orphan drug status. Secondly,
the information will describe the medical and regulatory history of the
drug. The respondents to this collection of information are
biotechnology firms, drug companies, and academic clinical researchers.
    In the Federal Register of January 21, 2011 (76 FR 3910), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received on the information
collection.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
   21 CFR section and FDA form       Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
316.10, 316.12, and 316.14......               2               1               2             100             200
316.20, 316.21, and 316.26 Form              214               2             428             150          64,200
 FDA 3671.......................
316.22..........................              55               1              55               2             110
316.27..........................              43               1              43               5             215
316.30..........................           1,652               1           1,652               3           4,956
316.36..........................               1               3               3              15              45
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          69,726
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: May 9, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-11744 Filed 5-12-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Rules and Regulations]
[Pages 22903-22905]
[FR Doc No: 2023-07773]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1404; Project Identifier MCAI-2022-01044-A;
Amendment 39-22410; AD 2023-07-08]
RIN 2120-AA64

Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Pilatus Aircraft Ltd. (Pilatus) Model PC-12/47E airplanes. This
AD was prompted by mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI identifies the unsafe condition as corrosion of the actuator
attachment lug areas underneath the anti-rotation pads of the main
landing gear (MLG) and nose landing gear (NLG). This AD requires
replacing certain MLG and NLG electro-mechanical actuators. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective May 19, 2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No.FAA-2022-1404; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the MCAI, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety
Engineer, FAA, General Aviation & Rotorcraft Section, International
Validation Branch, 901 Locust, Room 301, Kansas City, MO 64106; phone:
(816) 329-4059; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain serial-numbered
Pilatus Model PC-12/47E airplanes. The NPRM published in the Federal
Register on November 7, 2022 (87 FR 66971). The NPRM was prompted by
EASA AD 2022-0158, dated August 4, 2022 (EASA AD 2022-0158) (referred
to after this as ``the MCAI''), issued by the European Union Aviation
Safety Agency (EASA), which is the Technical Agent for the Member
States of the European Union.
    The MCAI was prompted by occurrences of corrosion on the MLG and
NLG actuator attachment lugs, underneath the anti-rotation pads of
Pilatus Model PC-12/47E airplanes. The MCAI states that investigations
revealed that extending or retracting the affected landing gear results
in fretting between the anti-rotation pads and the actuator attachment
lugs. This decreases the effectivity of surface protection, allows
corrosion to develop on the attachment lug areas underneath the anti-
rotation pads, and leads to cracking and failure of the attachment
lugs.
    This condition, if not addressed, could result in loss of
functionality of the MLG and NLG, which could result in damage to the
airplane and injury to the occupants. The MCAI requires inspecting, and
if required, replacing affected MLG and NLG electro-mechanical
actuators with serviceable actuators and prohibits the installation of
an affected actuator unless it has been reworked to become a
serviceable actuator.
    Since issuance of the NPRM, EASA superseded EASA AD 2022-0158 with
EASA AD 2022-0245, dated December 12, 2022 (EASA AD 2022-0245). EASA AD
2022-0245 retains the requirements of EASA AD 2022-0158 and references
revised service information.
    In the NPRM, the FAA proposed to require replacing affected MLG and
NLG actuators with serviceable actuators and prohibit the installation
of an affected actuator unless it has been reworked (inspection and
modification) to become a serviceable actuator. The FAA is issuing this
AD to address the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1404.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from the Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
    The FAA received additional comments from Pilatus. The following
presents the comments received on the NPRM and the FAA's response.

Request To Reference Revised Service Information

    Pilatus stated that since the NPRM was published, revised service
information was issued and requested that the FAA change paragraph
(f)(2)(i) in the proposed AD to reference Pilatus PC-12 Service
Bulletin 32-030, Rev. 2, dated October 7, 2022; and Tamagawa Seiki Co.,
Ltd., Service Bulletin SB21-0001, Issue 3, dated August 25, 2022,
instead of Pilatus PC-12 Service Bulletin 32-030, dated June 27, 2022;
and Tamagawa Seiki Co., Ltd., Service Bulletin SB21-0001, dated March
31, 2022. The commenter also noted that after the NPRM was published,
EASA released Proposed Airworthiness Directive (PAD) 22-149, dated
November 9, 2022, which indicated that EASA AD 2022-0158 would be
superseded.
    The FAA agrees with the commenter's request. The FAA reviewed
Pilatus PC-12 Service Bulletin 32-030, Rev. 2, dated October 7, 2022,
which references Tamagawa Seiki Co., Ltd., SB SB21-0001, Issue 3, dated
August 25, 2022, and determined that no additional work is specified.
The FAA revised paragraph (f)(2)(i) of this AD to reference this
revised service information. The FAA added paragraph (i) to this AD
(and redesignated the subsequent paragraphs of this AD accordingly) to
provide credit for actions done before the effective date of this AD
using Pilatus PC-12 Service Bulletin 32-030, dated June 27, 2022; and
Tamagawa Seiki Co., Ltd., Service Bulletin SB21-0001, dated March 31,
2022.
    As discussed in the Background section of this final rule, EASA
superseded EASA AD 2022-0158 with EASA AD 2022-0245. The FAA did not
update the reference to the MCAI in this AD to refer to EASA AD 2022-
0245 because in the NPRM, the FAA already proposed to require the
actions in EASA AD 2022-0245. The FAA discussed this in the
``Differences Between this Proposed AD and the MCAI'' section of the
NPRM.

Request To Extend the Compliance for Certain Airplanes

    Pilatus requested that the FAA revise the 3-month compliance time
in paragraph (h)(1) of the proposed AD and explained this compliance
time should only be applicable to older airplanes on which the affected
actuators were installed and the initial failures were identified.
    The FAA agrees. The FAA is keeping the compliance time for
replacement of each affected part for the older airplanes with serial
numbers (S/Ns) 1300 and 1451 to 1663 inclusive, which is within 3
months after the effective date of the AD. The FAA is extending the
compliance time for replacement of each affected part from what was
called out in the NPRM for the rest of airplanes as follows:
     For airplanes with S/Ns 1664 through 1719 inclusive, and
S/Ns 1721 through 1942 inclusive, within 300 hours time-in-service
(TIS) after the effective date of this AD or within 12 months after the
effective date of this AD, whichever occurs first.
     For airplanes with S/Ns 1720, 2001 through 2202 inclusive,
2204, and 2206, within 600 hours TIS after the effective date of this
AD or within 12 months after the effective date of this AD, whichever
occurs first.

Conclusion

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA reviewed the relevant data,
considered the comments received, and determined that air safety
requires adopting this AD as proposed. Accordingly, the FAA is issuing
this AD to address the unsafe condition on these products. Except for
minor editorial changes, and any other changes described previously,
this AD is adopted as proposed in the NPRM. None of the changes
increase the economic burden on any operator.

Differences Between This AD and the MCAI

    The MCAI bases the compliance time for the replacement of affected
MLG and NLG electro-mechanical actuators on the corrosion environment
of the airplane. FAA regulations do not require operators to track
operations in different environmental conditions and thus there is no
way to determine whether an airplane is in the category of moderate to
severe or mild corrosion environment.

Costs of Compliance

    The FAA estimates that this AD affects 440 airplanes of U.S.
registry.
    The FAA estimates that the costs of one of the two actions below
will be required to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                  Labor cost             Parts cost         Cost per product      operators
----------------------------------------------------------------------------------------------------------------
* Rework (inspection and         5 work-hours x $85  Up to $1,245...........  $1,670 (for rework        $734,800
 modification).                   per hour = $425.                             of all three
                                                                               actuators).
* Replacement..................  3 work-hours x $85  $4,750 (Actuator Part    $16,105 (for             7,086,200
                                  per hour = $255.    Number (P/N)             replacement of
                                                      9<IP_ADDRESS>2, nose      all three
                                                      landing gear) and        actuators).
                                                      $11,100 (for 2
                                                      actuators--Actuator P/
                                                      N 6<IP_ADDRESS>3, main
                                                      landing gear).
----------------------------------------------------------------------------------------------------------------
* Only the rework (inspection and modification) or the replacement will be required by this AD. Both actions
  will not be required.

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.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:

    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2023-07-08 Pilatus Aircraft Ltd.: Amendment 39-22410; Docket No.
FAA-2022-1404; Project Identifier MCAI-2022-01044-A.

(a) Effective Date

    This airworthiness directive (AD) is effective May 19, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pilatus Aircraft Ltd. Model PC-12/47E
airplanes, serial number (S/N) 1300 and S/Ns 1451 and higher,
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 3211, Main Landing
Gear Attach Section; and JASC Code 3221, Nose/Tail Landing Gear
Attach Section.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI identifies the unsafe condition as corrosion
leading to cracks on the actuator attachment lug areas underneath
the anti-rotation pads of the main landing gear (MLG) and nose
landing gear (NLG). The FAA is issuing this AD to address this
condition. The unsafe condition, if not addressed, could result in
loss of functionality of the MLG and NLG, which could result in
damage to the airplane and injury to the occupants.

(f) Definitions

    For the purposes of this AD, the following definitions apply:
    (1) Affected parts are defined as MLG electro-mechanical
actuators having part number (P/N) 9<IP_ADDRESS>3 or P/N
9<IP_ADDRESS>5 and NLG electro-mechanical actuators having P/N
9<IP_ADDRESS>4 or P/N 9<IP_ADDRESS>4.
    (2) Serviceable parts are defined as one of the following:
    (i) MLG electro-mechanical actuators having P/N 9<IP_ADDRESS>3 or
P/N 9<IP_ADDRESS>5 and NLG electro-mechanical actuators having P/N
9<IP_ADDRESS>4 or P/N 9<IP_ADDRESS>4 that have been reworked
(inspection and modification) in accordance with the instructions in
Pilatus PC-12 Service Bulletin 32-030, Rev. 2, dated October 7,
2022; and Tamagawa Seiki Co., Ltd., Service Bulletin SB21-0001,
Issue 3, dated August 25, 2022; or
    (ii) MLG electro-mechanical actuators having P/N 9<IP_ADDRESS>3
and NLG electro-mechanical actuators having P/N 9<IP_ADDRESS>2.

(g) Compliance

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

(h) Required Actions

    (1) Replace each affected part as defined in paragraph (f)(1) of
this AD with a serviceable part as defined in either paragraph
(f)(2)(i) or (ii) of this AD, as follows:
    (i) For airplanes with S/Ns 1300 and 1451 through 1663
inclusive, within 3 months after the effective date of the AD.
    (ii) For airplanes with S/Ns 1664 through 1719 inclusive, and S/
Ns 1721 through 1942 inclusive, within 300 hours time-in-service
(TIS) after the effective date of this AD or within 12 months after
the effective date of this AD, whichever occurs first.
    (iii) For airplanes with S/Ns 1720, 2001 through 2202 inclusive,
2204, and 2206, within 600 hours TIS after the effective date of
this AD or within 12 months after the effective date of this AD,
whichever occurs first.
    (2) As of the effective date of this AD, do not install an
affected part as defined in paragraph (f)(1) of this AD on any
airplane unless it has been reworked (inspection and modification)
and made a serviceable part as defined in paragraph (f)(2)(i) of
this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (h)(1) of this AD if those actions were done before the
effective date of this AD using Pilatus PC-12 Service Bulletin 32-
030, dated June 27, 2022; and Tamagawa Seiki Co., Ltd., Service
Bulletin SB21-0001, dated March 31, 2022.

(j) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in Sec.  39.19. In accordance with Sec.  39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, mail
it to the address identified in paragraph (k)(2) of this AD or email
to: [email protected]. If mailing information, also submit
information by email.

(k) Additional Information

    (1) Refer to European Union Aviation Safety Agency (EASA) AD
2022-0158, dated August 4, 2022, for related information. This EASA
AD may be found in the AD docket at regulations.gov under Docket No.
FAA-2022-1404.
    (2) For more information about this AD, contact Doug Rudolph,
Aviation Safety Engineer, FAA, General Aviation & Rotorcraft
Section, International Validation Branch, 901 Locust, Room 301,
Kansas City, MO 64106; phone:<PHONE_NUMBER>; email:
[email protected].
    (3) For Pilatus and Tamagawa Seki Co., Ltd. service information
that is not incorporated by reference in this AD, contact Pilatus
Aircraft Limited, Customer Support General Aviation, CH-6371 Stans,
Switzerland; phone: +41 848 24 7 365; email: aircraft.com">[email protected]aircraft.com; website: pilatus-aircraft.com. You may view this
service information at the FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For
information on the availability of this material at the FAA, call
(817) 222-5110.

(l) Material Incorporated by Reference

    None.

    Issued on April 8, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-07773 Filed 4-13-23; 8:45 am]
BILLING CODE 4910-13-P