[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Notices]
[Pages 35116-35118]
[FR Doc No: 2016-12781]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77919; File No. SR-BatsBYX-2016-09]

Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule
11.23, Opening Process

May 25, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 20, 2016, Bats BYX Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 11.23, Opening Process,
to await a two-sided quotation from the listing exchange prior to
opening a security for trading during Regular Trading Hours.\5\
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    \5\ See Exchange Rule 1.5(w).
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    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 parts of such
statements.

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

1. Purpose
    The Exchange proposes to amend Rule 11.23, Opening Process, to
await a two-sided quotation from the listing exchange prior to opening
a security for trading during Regular Trading Hours.
    Exchange Rule 11.23 describes the Exchange's current opening
process. Subparagraph (a) to Rule 11.23 states that prior to the
beginning of the Regular Trading Hours, Users \6\ who wish to
participate in the Opening Process may enter orders to buy or sell.\7\
Subparagraph (a)(2) to Rule 11.23 provides that, with certain
exceptions,\8\ all orders with a time-in-force instruction of Regular
Hours Only may participate in the Opening Process. Subparagraph (b) to
Rule 11.23 states that the Exchange will open by performing the Opening
Process in which the System will attempt to match buy and sell orders
that are executable at the midpoint of the National Best Bid and Offer
(``NBBO''). Subparagraph (c) to Exchange Rule 11.23 sets forth the
process by which the System sets the opening price of the Opening
Process. Currently, the System \9\ sets the price of the Opening
Process at the midpoint of the first NBBO after 9:30:00 a.m. Eastern
Time. However, for securities listed on either the New York Stock
Exchange, Inc. (``NYSE'') or NYSE MKT LLC (``NYSE MKT''), the System
currently sets the price of the Opening Process at the midpoint of the
first NBBO subsequent to the first reported trade on the listing
exchange after 9:30:00 a.m. Eastern Time. The Exchange may
alternatively set the price of the Opening Process for securities
listed on either the NYSE or NYSE MKT at the midpoint of the then
prevailing NBBO when the first two-sided quotation published by the
relevant listing exchange after 9:30:00 a.m. Eastern Time, but before
9:45:00 a.m. Eastern Time if no first trade is reported by the listing
exchange within one second of publication of the first two-sided
quotation by the listing exchange. The System waits to set the price at
the midpoint of the first NBBO as set forth above because securities
listed on the NYSE or NYSE MKT may not open at precisely 9:30:00 a.m.
Eastern Time.
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    \6\ See Exchange Rule 1.5(cc).
    \7\ Orders cancelled prior to the Opening Process will not
participate in the Opening Process.
    \8\ The following order types and instruction may not
participate in the opening process: (i) BYX Post Only Orders,
Partial Post Only at Limit Orders, ISOs not modified by Rule
11.23(a)(1) above, and Minimum Quantity Orders. See Exchange Rule
11.23(a)(2). Limit orders with a Reserve Quantity may participate to
the full extent of their displayed size and Reserve Quantity. Id.
Discretionary Orders may participate only up to their ranked price
for buy orders or down to their ranked price for sell orders. Id.
The discretionary range of such orders will not be eligible for
participation in the Opening Process. Id. All Pegged Orders and Mid-
Point Peg Orders, as defined in Rule 11.9(c)(8) and (9), will be
eligible for execution in the Opening Process based on their pegged
prices. Id.
    \9\ See Exchange Rule 1.5(aa).
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    Pursuant to subparagraph (b) of Rule 11.23, all orders executable
at the midpoint of the NBBO will continue to be processed in time
sequence, beginning with the order with the oldest time stamp. Matches
occur until there are no remaining contra-side orders or there is an
imbalance of orders. An imbalance of orders may result in orders that
cannot be executed in whole or in part. Any unexecuted orders may then
be placed by the System on the BYX Book,\10\ cancelled, executed, or
routed to away Trading Centers in accordance with the Users'
instructions pursuant to Exchange Rule 11.13(a)(2).
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    \10\ The term ``BYX Book'' is defined as ``the System's
electronic file of orders.'' See Exchange Rule 1.5(e).
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    The Exchange proposes to amend subparagraph (c) to Rule 11.23 to
now await a two-sided quotation from the listing exchange prior to
opening a security for trading during Regular Trading Hours. As
amended, subparagraph (c)(2) to Rule 11.23 would state that the System
would set the price of the Opening Process at the midpoint of the first
NBBO subsequent to the first two-sided quotation published by the
listing exchange after 9:30:00 a.m. Eastern Time. For securities listed
on either the NYSE or NYSE MKT, subparagraph (c)(1)(i) to Rule 11.23
would state that the System would set the price of the Opening Process
at the midpoint of the first NBBO subsequent to the first reported
trade and first

reported quotation on the listing exchange after 9:30:00 a.m. Eastern
Time. Pursuant to subparagraph (c)(1)(i) to Rule 11.23, the Exchange
will utilize the existing NBBO to calculate each security's opening
price once a trade and two-sided quotation are received from the
listing exchange, regardless of the order in which the trade or
quotation are received. The Exchange believes the proposed rule change
will enable the listing market's quotation to be incorporated into the
NBBO, which the Exchange would, in turn, utilize in its calculation of
the midpoint of the NBBO. The Exchange believes doing so would result
in an opening price that more closely reflect the opening market prices
and conditions for that security. Under subparagraph (c)(1)(ii) to Rule
11.23, the Exchange will continue to alternatively set the price of the
Opening Process for securities listed on either the NYSE or NYSE MKT at
the midpoint of the then prevailing NBBO when the first two-sided
quotation published by the relevant listing exchange after 9:30:00 a.m.
Eastern Time, but before 9:45:00 a.m. Eastern Time if no first trade is
reported by the listing exchange within one second of publication of
the first two-sided quotation by the listing exchange.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \11\ in general, and furthers the objectives of Section
6(b)(5) of the Act \12\ in particular, in that it is designed to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in 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. The Exchange believes the
proposed rule change will promote just and equitable principles of
trade, removes impediments to, and perfect the mechanism of, a free and
open market and a national market system because it enables the System
to execute the Opening Process at a price that is objectively
established by the market for the security. The proposal would enable
the listing market's quotation to be incorporated into the NBBO, which
the Exchange would, in turn, utilize in its calculation of the midpoint
of the NBBO. The Exchange believes doing so would result in an opening
price that more closely reflect the opening market prices and
conditions for that security. Therefore, the Exchange believes the
proposed rule change promotes just and equitable principles of trade
because it ensures a midpoint price that the Exchange believes would
accurately reflect the market for the security.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposal will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act. The proposed rule change will enable the
Exchange to incorporate the listing market's quotation into its
calculation of the midpoint of the NBBO, resulting in an opening price
that would more closely reflect the opening market prices and
conditions for that security. Therefore, the Exchange believes the
proposed rule change will promote competition by enhancing the quality
of the Exchange's opening process.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \15\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \16\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
states that waiver of the 30-day operative delay would allow market
participants to immediately realize the benefits of what may be more
accurate opening prices. Based on the foregoing, the Commission
believes the waiver of the operative delay is consistent with the
protection of investors and the public interest. Therefore, the
Commission hereby waives the operative delay and designates the
proposal operative upon filing.\17\
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    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
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 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 email to<EMAIL_ADDRESS>Please include
File No. SR-BatsBYX-2016-09 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 No. SR-BatsBYX-2016-09. 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 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 10:00 a.m. and 3:00 p.m. Copies of
the 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 No. SR-BatsBYX-2016-09, and should be submitted on or before June
22, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-12781 Filed 5-31-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 12, 2010 (Volume 75, Number 69)]
[Proposed Rules]
[Page 18446-18449]
[DOCID:fr12ap10-16]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0275; Directorate Identifier 2009-NM-231-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 747-100, 747-
100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400,
747-400F, 747SR, and 747SP Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-
200F, 747-300, 747-400, 747-400F, 747SR, and 747SP series airplanes.
This proposed AD would require reworking or replacing certain duct
assemblies in the environmental control system (ECS). This proposed AD
results from reports of duct assemblies in the ECS with burned Boeing
Material Specification (BMS) 8-39 polyurethane foam insulation. This
proposed AD also results from a report from the airplane manufacturer
that airplanes were assembled with duct assemblies in the ECS wrapped
with BMS 8-39 polyurethane foam insulation, a material of which the
fire retardant properties deteriorate with age. We are proposing this
AD to prevent a potential electrical arc from igniting the BMS 8-39
polyurethane foam insulation on the duct assemblies of the ECS, which
could propagate a small fire and lead to a larger fire that might
spread throughout the airplane through the ECS.

DATES: We must receive comments on this proposed AD by May 27, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Sue McCormick, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0275;
Directorate Identifier 2009-NM-231-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received reports of duct assemblies in the environmental
control system (ECS) with burned Boeing Material Specification (BMS) 8-
39 polyurethane foam insulation on two Model 767-200 series airplanes.
The airplane manufacturer has also notified us that certain Model 767-
200 and 767-300 series airplanes and certain Model 747 airplanes were
assembled with duct assemblies in the ECS wrapped with BMS 8-39
polyurethane foam insulation. The fire-retardant properties of the BMS
8-39 polyurethane foam insulation deteriorate with age. This, along
with dust, dirt, and other carbon particulate contamination of the
insulation on the ducts, adds an available fuel source for a potential
fire. Once ignited, the foam insulation emits noxious smoke, does not
self-extinguish, and drips droplets of liquefied polyurethane, which
can further propagate a fire. Because the insulation is wrapped around
the duct assemblies, which are located throughout the airplane, if the
insulation is ignited a fire could potentially travel along the ducts
and spread throughout the airplane. This condition, if not corrected,
could result in a potential electrical arc igniting the BMS 8-39
polyurethane foam insulation on the duct assemblies of the ECS, which
could propagate a small fire and lead to a larger fire that may spread
throughout the airplane through the ECS.

Other Relevant Rulemaking

    On January 14, 2008, we issued AD 2008-02-16, amendment 39-15346,
applicable to certain Model 767-200 and 767-300 series airplanes. That
AD requires reworking certain duct assemblies in the ECS. That AD
resulted from reports of duct assemblies in the ECS with burned BMS 8-
39 polyurethane foam insulation. That AD also resulted from a report
from the airplane manufacturer that airplanes were assembled with duct
assemblies in the ECS wrapped with BMS 8-39 polyurethane foam
insulation, a material of which the fire retardant properties
deteriorate with age. We issued that AD to prevent a potential
electrical arc from igniting the BMS 8-39 polyurethane foam insulation
on the duct assemblies of the ECS, which could propagate a small fire
and lead to a larger fire that might spread throughout the airplane
through the ECS.
    Additionally, on December 14, 2001, we issued AD 2001-26-09,
amendment 39-12573 (66 FR 66734, December 27, 2001), applicable to
certain Model 767-200 series airplanes. That AD requires a one-time
inspection for damage of the water line heater tape where it passes
close to the duct assemblies of the air distribution system for the
flight compartment. That AD also requires eventual replacement of
certain duct assemblies or foam insulation on those duct assemblies
with new assemblies or improved foam insulation. That AD was prompted
by a report of burned BMS 8-39 polyurethane foam insulation on an air
distribution system duct located in the electronics and electrical
compartment. The actions required by that AD are intended to prevent
ignition of foam insulation on the air distribution ducts, which could
result in a fire in the airplane.
    We are considering additional rulemaking for Model 737-100, -200, -
200C, and -300 series airplanes, which have been determined to be
subject to the same unsafe condition.

Relevant Service Information

    We have reviewed Boeing Service Bulletin 747-21A2421, Revision 2,
dated December 19, 2006. This service bulletin describes procedures for
reworking the affected duct assemblies in approximately 44 locations
within the ECS systems. The affected duct assemblies vary depending on
airplane configuration. These are some examples of affected ECS
systems:
     Air conditioning, flight deck
     Duct installation, conditioned air
     Duct installation, air distribution system
     Duct installation, individual air system
     Anemostat installation, air distribution system
     Humidifier duct installation
     Heat exchanger installation, air conditioning system
     Recirculation fan installation, flight deck
    We have also reviewed Boeing Service Bulletin 747-21A2422, Revision
2, dated November 16, 2006. This service bulletin describes procedures
for reworking or replacing the single duct assembly in the forward
lower cargo bay. The rework includes removing the BMS 8-39 polyurethane
foam insulation and replacing it with BMS 8-300 polyimide foam
insulation that meets flammability criteria of Section 25.856 (``Fire
Protection: Thermal/Acoustic Insulation Materials'') of the Federal
Aviation Regulations (14 CFR 25.856(a)).
    These service bulletins also describe procedures for part-marking
reworked duct assemblies with new part numbers.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
This proposed AD would require accomplishing the actions specified in
the service information described previously, except as discussed under
``Differences Between the Proposed AD and the Service Bulletins.''

Differences Between the Proposed AD and the Service Bulletins

    Boeing Service Bulletin 747-21A2421, Revision 2, dated December 19,
2006, recommends reworking the affected duct assemblies ``during the
next heavy maintenance visit, not to

exceed 30,000 flight-hours'' from the date on that service bulletin.
Boeing Service Bulletin 747-21A2422, Revision 2, dated November 16,
2006, does not recommend any compliance time for reworking or replacing
the affected duct assemblies. This proposed AD would require operators
to rework or replace the affected duct assemblies within 72 months
after the effective date of the AD. In developing the compliance time
for this action, we considered the degree of urgency associated with
addressing the subject unsafe condition. We also considered the
availability of required parts and the practical aspect of reworking or
replacing the affected duct assemblies within an interval that
parallels normal scheduled maintenance for most affected operators. We
have determined that the average utilization of the Model 747 fleet is
approximately 5,000 flight hours each year. Therefore, we have
determined that 72 months is equivalent to the recommended compliance
time of 30,000 flight hours and it represents an appropriate interval
in which an ample number of required parts will be available to modify
the affected fleet without adversely affecting the safety of these
airplanes. This difference has been coordinated with Boeing.

Costs of Compliance

    There are about 558 airplanes of the affected design in the
worldwide fleet. The average labor rate is $85 per work-hour. The
following table provides the estimated costs for U.S. operators to
comply with this proposed AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Parts cost, per                               Number of U.S.-
               Action                      Work hours               airplane           Cost per airplane     registered airplanes        Fleet cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Duct assembly rework, specified in   8 per duct (average of  $12,305 (average).....  $100,705 (average)...  185..................  $18,630,425.
 Boeing Service Bulletin              130 ducts per
 747[dash]21A2421.                    airplane).
Duct assembly rework or              1 per duct (1 duct per  The manufacturer        $85..................  Up to 168............  Up to $14,280.
 replacement, specified in Boeing     airplane).              states that it will
 Service Bulletin 747[dash]21A2422.                           supply required parts
                                                              to the operators at
                                                              no cost..
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this 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), 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.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2010-0275; Directorate Identifier
2009-NM-231-AD.

Comments Due Date

    (a) We must receive comments by May 27, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes specified in paragraphs
(c)(1) and (c)(2) of this AD, certificated in any category.
    (1) The Boeing Company Model 747-100, 747-100B, 747-100B SUD,
747-200B, 747-200C, 747-200F, 747-300, 747-400, 747SR, and 747SP
series airplanes identified in Boeing Service Bulletin 747-21A2421,
Revision 2, dated December 19, 2006.
    (2) The Boeing Company Model 747-100, 747-100B, 747-200B, 747-
200C, 747-200F, 747-300, 747-400F, 747SR, and 747SP series airplanes
identified in Boeing Service Bulletin 747-21A2422, Revision 2, dated
November 16, 2006.

Subject

    (d) Air Transport Association (ATA) of America Code 21: Air
conditioning.

Unsafe Condition

    (e) This AD results from reports of duct assemblies in the
environmental control system (ECS) with burned Boeing Material
Specification (BMS) 8-39 polyurethane foam insulation. This AD also
results from a report from the airplane manufacturer that airplanes
were assembled with duct assemblies in the ECS wrapped with BMS 8-39
polyurethane foam insulation, a material of which the fire retardant
properties deteriorate with age. We are issuing this AD to prevent a
potential electrical arc from igniting the BMS 8-39 polyurethane
foam insulation on the duct assemblies of the ECS, which could

propagate a small fire and lead to a larger fire that could spread
throughout the airplane through the ECS.

Compliance

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

ECS Duct Assembly Rework or Replacement

    (g) Within 72 months after the effective date of this AD, rework
or replace the applicable duct assemblies in the ECS specified in
and in accordance with the Accomplishment Instructions and
Appendices A through F of Boeing Service Bulletin 747-21A2421,
Revision 2, dated December 19, 2006 (for Model 747-100, 747-100B,
747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747SR,
and 747SP series airplanes); and the Accomplishment Instructions and
Appendices A through C of Boeing Service Bulletin 747-21A2422,
Revision 2, dated November 16, 2006 (for Model 747-100, 747-100B,
747-200B, 747-200C, 747-200F, 747-300, 747-400F, 747SR, and 747SP
series airplanes).

Parts Installation

    (h) As of the effective date of this AD, no person may install
an ECS duct assembly with BMS 8-39 polyurethane foam insulation on
any airplane.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Sue McCormick, Aerospace Engineer, Cabin Safety and
Environmental Systems Branch, ANM-150S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Or, e-mail
information to<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.

    Issued in Renton, Washington, on April 1, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-8249 Filed 4-9-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 10, 2006 (Volume 71, Number 90)]
[Notices]
[Page 27296-27298]
[DOCID:fr10my06-110]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53753; File No. SR-OPRA-2006-01]

Options Price Reporting Authority; Notice of Filing and Immediate
Effectiveness of Proposed Amendment to the Plan for Reporting of
Consolidated Options Last Sale Reports and Quotation Information To
Revise OPRA's Professional Subscriber Agreement and Its Direct Circuit
Connection Rider and Indirect Circuit Connection Rider

May 2, 2006.
    Pursuant to section 11A of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given that
on April 21, 2006, the Options Price Reporting Authority (``OPRA'')
submitted to the Securities and Exchange Commission (``Commission'') an
amendment to the Plan for Reporting of Consolidated Options Last Sale
Reports and Quotation Information (``OPRA Plan'').\3\ The proposed OPRA
Plan amendment would revise OPRA's Professional Subscriber Agreement
(``PSA''), which is required to be entered into between OPRA and
professional subscribers to options information under Section VII(c) of
the OPRA Plan, and amend the Direct Circuit Connection Rider and
Indirect Circuit Connection Rider to the PSA. The Commission is
publishing this notice to solicit comments from interested persons on
the proposed OPRA Plan amendment.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The OPRA Plan is a national market system plan approved by
the Commission pursuant to Section 11A of the Act and Rule 608
thereunder (formerly Rule 11Aa3-2). See Securities Exchange Act
Release No. 17638 (March 18, 1981), 22 S.E.C. Docket 484 (March 31,
1981).
    The OPRA Plan provides for the collection and dissemination of
last sale and quotation information on options that are traded on
the participant exchanges. The six participants to the OPRA Plan are
the American Stock Exchange LLC, the Boston Stock Exchange, Inc.,
the Chicago Board Options Exchange, Incorporated, the International
Securities Exchange, Inc., the NYSE Arca, Inc., and the Philadelphia
Stock Exchange, Inc.
---------------------------------------------------------------------------

I. Description and Purpose of the Amendment

    OPRA states that the purpose of the proposed amendment is to revise
the PSA that is required to be entered into between OPRA and
professional subscribers to options information under section VII(c) of
the OPRA Plan, to amend the Direct Circuit Connection Rider and the
Indirect Circuit Connection Rider to the PSA to conform the language of
these documents to OPRA's Vendor Agreement as revised in 2002, and to
make certain other updating revisions.\4\
---------------------------------------------------------------------------

    \4\ OPRA's Vendor Agreement was revised in SR-OPRA-2002-03, and
was approved by the Commission on January 22, 2003. See Securities
Exchange Act Release No. 47230 (January 22, 2003), 68 FR 4259
(January 28, 2003).
---------------------------------------------------------------------------

    Significant changes that OPRA proposes to the PSA and the Riders
are described below. In addition, OPRA proposes certain non-substantive
editorial revisions, which are not described below but are reflected in
the new PSA and the Riders thereto.

Professional Subscriber Agreement

    OPRA has updated the list of participant exchanges. In addition,
OPRA has supplemented the definition of the term ``Information'' by
adding the phrase ``other information transmitted over the information
reporting system administered by OPRA.'' \5\ According to OPRA, this
``other information'' would include real-time values of various indexes
that underlie options traded on the markets of the participant
exchanges, data with respect to open interest, and systems messages.
---------------------------------------------------------------------------

    \5\ This change would conform the definition of the term
``Information'' in the PSA to the definition of the term ``OPRA
Data'' in the Vendor Agreement and the Direct and Indirect Circuit
Connection Riders. As described below, OPRA would use the revised
PSA only on a prospective basis. OPRA believes that it is more
desirable to maintain continuity in the use of the term
``Information'' in the PSA than to change the PSA to use the term
that is used in its other contract forms.
---------------------------------------------------------------------------

    Section 7 of the PSA, which describes OPRA's inspection right, has
been revised to refer explicitly to the Subscriber's records with
respect to its use of Information to say explicitly that the inspection
would be limited to confirming compliance with the provisions of the
PSA, and to clarify

that, upon request, OPRA would maintain the confidentiality of the
Subscriber's confidential information. According to OPRA, these latter
two points are consistent with language that is in the current Direct
Circuit Connection Rider.\6\
---------------------------------------------------------------------------

    \6\ See section 4 of the current form of the Direct Circuit
Connection Rider. Because the language on these points is being
added to the PSA and because every Subscriber that agrees to a
Direct Circuit Connection Rider also must have agreed to the PSA,
this language is being deleted from the Direct Circuit Connection
Rider.
---------------------------------------------------------------------------

    Section 11, which describes OPRA's right to make changes in the
data that it disseminates and in the means of dissemination, has been
revised to conform to section 15 of the Vendor Agreement and the
current Direct Circuit Connection Rider.\7\
---------------------------------------------------------------------------

    \7\ See section 7 of the current form of Direct Circuit
Connection Rider. As with Section 4 of the Direct Circuit Connection
Rider, because this language is being added to the PSA, it is being
deleted from the Direct Circuit Connection Rider.
---------------------------------------------------------------------------

    Section 14, which currently provides that the PSA is subject to
applicable provisions of the Act, has been expanded to provide that the
PSA and any Riders would constitute the complete agreement between OPRA
and the Subscriber, and that the PSA would supersede any prior
agreements entered between OPRA and the Subscriber, except that any
previously executed Riders would remain in effect unless terminated or
superseded in accordance with their terms. The PSA has been expressly
made subject to Illinois law, making it consistent in this respect with
the current Vendor Agreement and the Direct and Indirect Circuit
Connection Riders.
    A new section 15 has been added to provide that the Subscriber
could assign the PSA without the consent of OPRA only to a successor to
its business, subject to OPRA's right to terminate without cause upon
thirty days notice. A comparable provision is contained in the Direct
and Indirect Circuit Connection Riders.\8\
---------------------------------------------------------------------------

    \8\ See section 8 of the revised form of each Rider.
---------------------------------------------------------------------------

    Section 16 (formerly section 15) has been revised to state that if
an exchange ceases to be a Participant Exchange in OPRA, that exchange
would cease to be a party to the PSA, but that the PSA would remain in
effect between the Subscriber and the remaining Participant Exchanges.
A comparable provision is contained in the current Vendor Agreement and
in the Direct and Indirect Circuit Connection Riders.
    The PSA previously included a sentence stating that ``Subscriber
remains responsible for all fees due to OPRA hereunder, even if a third
party has agreed to pay such fees on behalf of Subscriber.'' That
sentence has been deleted, and OPRA is revising its form ``Third Party
Billing Agreement'' to state expressly that OPRA would look only to an
approved third party payor for payment of OPRA's fees that it would
otherwise expect a Subscriber to pay. These changes are intended to
make it easier for Subscribers and third party payors to conclude, in
appropriate situations, that payment of OPRA's fees by third party
payors is eligible for the section 28(e) safe harbor.

Direct Circuit Connection Rider and Indirect Circuit Connection Rider
to the PSA

    The definitions have been modified to track the definitions in the
revised Vendor Agreement. In addition, obsolete terminology, including
references to OPRA's ``high speed transmission'' and to aspects of
OPRA's direct access charge that are no longer in effect, has been
eliminated.
    In the Direct Circuit Connection Rider, the Subscriber's obligation
to pay applicable direct access fees has been moved without substantial
change into a separate section, which would parallel the structure of
the current Indirect Circuit Connection Rider.
    The description of Subscriber's rights to use OPRA Data has been
expanded to incorporate terms from the revised Vendor Agreement with
respect to delayed data and historical data.
    Subscriber's recordkeeping, reporting, and auditing obligations
with respect to its use of OPRA Data have been more fully described in
a manner that is consistent with the way OPRA currently imposes these
obligations and with the language of the Vendor Agreement.
    Several provisions of the Riders have been deleted because they are
redundant with the provisions of the proposed amended PSA. These
include provisions describing OPRA's right to conduct inspections,
OPRA's disclaimer of warranty, the proprietary rights of the OPRA
Participant Exchanges to the OPRA Data, OPRA's right to make changes to
OPRA Data and the means by which OPRA Data is transmitted, and the fact
that the Riders are subject to Illinois law.
    The provisions governing the effectiveness and termination of the
Riders and the integration of the Riders with the PSA have been revised
to treat separately the PSA and each Rider. These provisions would make
clear that any revised PSA or Rider entered into by a Subscriber would
supersede only the specific agreement it is intended to replace.

II. Implementation of the OPRA Plan Amendment

    Pursuant to paragraphs (b)(3)(ii) and (iii) of Rule 608 under the
Act,\9\ OPRA designates this amendment as concerned solely with the
administration of the OPRA Plan and/or as involving solely technical or
ministerial matters, thereby qualifying for effectiveness upon filing.
OPRA states that it will begin to use the proposed revised PSA and the
Direct and Indirect Circuit Connection Riders upon filing with the
Commission. However, OPRA states that these revised documents would be
used only on a prospective basis, and existing Professional Subscribers
would not be required to re-execute the revised forms of agreements.
The only exception would be that an existing Professional Subscriber
who subsequently enters into one or both of the revised Circuit
Connection Riders would at that time be required to sign the revised
PSA, since certain substantive provisions have been eliminated from the
Riders only because they have been included in the revised PSA.
---------------------------------------------------------------------------

    \9\ 17 CFR 242.608(b)(3)(ii) and (iii).
---------------------------------------------------------------------------

    The Commission may summarily abrogate the amendment within sixty
days of its filing and require refiling and approval of the amendment
by Commission order pursuant to Rule 608(b)(2) under the Act,\10\ if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors and the
maintenance of fair and orderly markets, to remove impediments to, and
perfect the mechanisms of, a national market system, or otherwise in
furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \10\ 17 CFR 242.608(b)(2).
---------------------------------------------------------------------------

III. Solicitation of Comments

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

Electronic Comments

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

File No. SR-OPRA-2006-01 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission,

100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-OPRA-2006-01. 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 plan amendment that are
filed with the Commission, and all written communications relating to
the proposed plan amendment between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549. Copies of such filing also will be available
for inspection and copying at the principal office of OPRA. 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-OPRA-2006-01 and should be
submitted on or before May 31, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(29).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. E6-7111 Filed 5-9-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Notices]
[Pages 50140-50142]
[FR Doc No: 2023-16232]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-511-000]

Golden Triangle Storage, LLC; Notice of Application and
Establishing Intervention Deadline

    Take notice that on July 14, 2023, Golden Triangle Storage, LLC
(GTS), 919 Milam Street, Suite 2425, Houston,

Texas 77002, filed an application under section 7(c) of the Natural Gas
Act (NGA), and Part 157 of the Commission's regulations requesting
authorization to increase the authorized maximum rate at which GTS may
withdraw natural gas from its storage facility and may inject natural
gas into its storage facility, (the Application). Specifically, GTS
proposes its certificate be amended to provide that GTS may: (1)
withdraw natural gas from storage at a rate of as much as 680 million
cubic feet (MMcf) per day; and (2) inject natural gas into storage at a
rate of as much as 765 MMcf per day. Further, GTS requests
reaffirmation of its market-based rate authority and related
authorizations and waivers, all as more fully set forth in the request
which is on file with the Commission and open to public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (www.ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room. For assistance, contact the Federal Energy Regulatory
Commission at [email protected] or call toll-free, (886) 208-
3676 or TTY<PHONE_NUMBER>.
    Any questions regarding the proposed project should be directed to
James F. Bowe, Jr., King & Spalding LLP, 1700 Pennsylvania Ave, Suite
900, Washington, DC 20006, by phone at<PHONE_NUMBER>, or by email at
[email protected].
    Pursuant to Section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
---------------------------------------------------------------------------

    \1\ 18 CFR (Code of Federal Regulations) 157.9.
---------------------------------------------------------------------------

Public Participation

    There are three ways to become involved in the Commission's review
of this project: you can file comments on the project, you can protest
the filing, and you can file a motion to intervene in the proceeding.
There is no fee or cost for filing comments or intervening. The
deadline for filing a motion to intervene is 5:00 p.m. Eastern Time on
August 15, 2023. How to file protests, motions to intervene, and
comments is explained below.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

Comments

    Any person wishing to comment on the project may do so. Comments
may include statements of support or objections, to the project as a
whole or specific aspects of the project. The more specific your
comments, the more useful they will be.

Protests

    Pursuant to sections 157.10(a)(4) \2\ and 385.211 \3\ of the
Commission's regulations under the NGA, any person \4\ may file a
protest to the application. Protests must comply with the requirements
specified in section 385.2001 \5\ of the Commission's regulations. A
protest may also serve as a motion to intervene so long as the
protestor states it also seeks to be an intervenor.
---------------------------------------------------------------------------

    \2\ 18 CFR 157.10(a)(4.)
    \3\ 18 CFR 385.211.
    \4\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
    \5\ 18 CFR 385.2001.
---------------------------------------------------------------------------

    To ensure that your comments or protests are timely and properly
recorded, please submit your comments on or before August 15, 2023.
    There are three methods you can use to submit your comments or
protests to the Commission. In all instances, please reference the
Project docket number CP23-511-000 in your submission.
    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's website at www.ferc.gov
under the link to Documents and Filings. Using eComment is an easy
method for interested persons to submit brief, text-only comments on a
project;
    (2) You may file your comments or protests electronically by using
the eFiling feature, which is located on the Commission's website
(www.ferc.gov) under the link to Documents and Filings. With eFiling,
you can provide comments in a variety of formats by attaching them as a
file with your submission. New eFiling users must first create an
account by clicking on ``eRegister.'' You will be asked to select the
type of filing you are making; first select ``General'' and then select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments or protests by
mailing them to the following address below. Your written comments must
reference the Project docket number (CP23-511-000).

To file via USPS: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426
To file via any other courier: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852

    The Commission encourages electronic filing of comments (options 1
and 2 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected].
    Persons who comment on the environmental review of this project
will be placed on the Commission's environmental mailing list, and will
receive notification when the environmental documents (EA or EIS) are
issued for this project and will be notified of meetings associated
with the Commission's environmental review process.
    The Commission considers all comments received about the project in
determining the appropriate action to be taken. However, the filing of
a comment alone will not serve to make the filer a party to the
proceeding. To become a party, you must intervene in the proceeding.
For instructions on how to intervene, see below.

Interventions

    Any person, which includes individuals, organizations, businesses,

municipalities, and other entities,\6\ has the option to file a motion
to intervene in this proceeding. Only intervenors have the right to
request rehearing of Commission orders issued in this proceeding and to
subsequently challenge the Commission's orders in the U.S. Circuit
Courts of Appeal.
---------------------------------------------------------------------------

    \6\ 18 CFR 385.102(d).
---------------------------------------------------------------------------

    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \7\ and the regulations under the NGA \8\ by the
intervention deadline for the project, which is August 15, 2023. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
the your interest in the proceeding. For an individual, this could
include your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \7\ 18 CFR 385.214.
    \8\ 18 CFR 157.10.
---------------------------------------------------------------------------

    There are two ways to submit your motion to intervene. In both
instances, please reference the Project docket number CP23-511-000 in
your submission.
    (1) You may file your motion to intervene by using the Commission's
eFiling feature, which is located on the Commission's website
(www.ferc.gov) under the link to Documents and Filings. New eFiling
users must first create an account by clicking on ``eRegister.'' You
will be asked to select the type of filing you are making; first select
``General'' and then select ``Intervention.'' The eFiling feature
includes a document-less intervention option; for more information,
visit https://www.ferc.gov/docs-filing/efiling/document-less-intervention.pdf; or
    (2) You can file a paper copy of your motion to intervene, along
with three copies, by mailing the documents to the address below. Your
motion to intervene must reference the Project docket number CP23-511-
000.

To file via USPS: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426
To file via any other courier: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852

    The Commission encourages electronic filing of motions to intervene
(option 1 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected].
    Protests and motions to intervene must be served on the applicant
either by mail or email at: James F. Bowe, Jr., 1700 Pennsylvania
Avenue, Suite 900, Washington, DC 20006 or at [email protected]. Any
subsequent submissions by an intervenor must be served on the applicant
and all other parties to the proceeding. Contact information for
parties can be downloaded from the service list at the eService link on
FERC Online. Service can be via email with a link to the document.
    All timely, unopposed \9\ motions to intervene are automatically
granted by operation of Rule 214(c)(1).\10\ Motions to intervene that
are filed after the intervention deadline are untimely, and may be
denied. Any late-filed motion to intervene must show good cause for
being late and must explain why the time limitation should be waived
and provide justification by reference to factors set forth in Rule
214(d) of the Commission's Rules and Regulations.\11\ A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies (paper or
electronic) of all documents filed by the applicant and by all other
parties.
---------------------------------------------------------------------------

    \9\ The applicant has 15 days from the submittal of a motion to
intervene to file a written objection to the intervention.
    \10\ 18 CFR 385.214(c)(1).
    \11\ 18 CFR 385.214(b)(3) and (d).
---------------------------------------------------------------------------

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.
    Intervention Deadline: 5:00 p.m. Eastern Time on August 15, 2023.

    Dated: July 25, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-16232 Filed 7-31-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Rules and Regulations]
[Pages 61093-61098]
[FR Doc No: 2015-25490]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0108; Directorate Identifier 2011-NM-049-AD;
Amendment 39-18215; AD 2015-15-06]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2003-13-01 for
certain The Boeing Company Model 767 airplanes. AD 2003-13-01 required
an inspection to detect cracks and fractures of the outboard hinge
fitting assemblies on the trailing edge of the inboard main flap, and
follow-on and corrective actions if necessary. For certain airplanes,
AD 2003-13-01 required an inspection to determine if a tool runout
option has been performed in the area. This new AD reduces certain
compliance times, adds airplanes to the applicability, and provides
optional terminating action for certain inspections. This AD was
prompted by reports of hinge assembly fractures found before certain
required compliance times in AD 2003-13-01. We are issuing this AD to
prevent the inboard aft flap from separating from the wing and
potentially striking the airplane, which could result in damage to the
surrounding structure and potential personal injury.

DATES: This AD is effective November 13, 2015.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 13,
2015.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of July
29, 2003 (68 FR 37402, June 24, 2003).

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2012-
0108.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.govby searching for and locating Docket No. FAA-2012-
0108; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday,

except Federal holidays. The AD docket contains this AD, the regulatory
evaluation, any comments received, and other information. The address
for the Docket Office (phone:<PHONE_NUMBER>) is Docket Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6447; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 to supersede AD 2003-13-01, Amendment 39-13201 (68
FR 37402, June 24, 2003). AD 2003-13-01 applied to certain The Boeing
Company Model 767 airplanes. The SNPRM published in the Federal
Register on September 29, 2014 (79 FR 58294). We preceded the SNPRM
with a notice of proposed rulemaking (NPRM) that published in the
Federal Register on February 9, 2012 (77 FR 6685). The NPRM proposed to
continue to require an inspection to detect cracks and fractures of the
outboard hinge fitting assemblies on the trailing edge of the inboard
main flap, and follow-on and corrective actions if necessary. For
certain airplanes, the NPRM proposed to continue to require inspecting
to determine if a tool runout option has been performed in the area.
The NPRM also proposed to reduce a certain compliance time and add
airplanes to the applicability. The NPRM provided optional terminating
action for certain inspections. The NPRM was prompted by reports of
hinge assembly fractures found before certain required compliance times
in AD 2003-13-01. The SNPRM revised the NPRM by reducing repetitive
inspection intervals for certain airplanes and limiting the inspection
area. We are issuing this AD to prevent the inboard aft flap from
separating from the wing and potentially striking the airplane, which
could result in damage to the surrounding structure and potential
personal injury.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the SNPRM (79
FR 58294, September 29, 2014) and the FAA's response to each comment.

Support for the SNPRM (79 FR 58294, September 29, 2014)

    Boeing concurred with the contents of the SNPRM (79 FR 58294,
September 29, 2014).

Requests To Remove Certain Provisions for Spare Parts

    American Airlines and UPS requested that we revise the SNPRM (79 FR
58294, September 29, 2014) by removing paragraph (q), because its
provisions are redundant with the requirements of paragraph (k) of the
SNPRM.
    We agree with the requests, for the reason provided by the
commenters. We have removed the referenced paragraph and redesignated
subsequent paragraphs accordingly.

Request To Clarify Replacement Requirements

    American Airlines requested that we revise the SNPRM (79 FR 58294,
September 29, 2014) to identify the part numbers for fittings that are
acceptable for terminating action, but to not require specific removal
and reinstallation procedures. The commenter added that the design
change of the fitting--not the installation method--corrects the unsafe
condition.
    We partially agree with the request. Although we did not identify
the part numbers, we revised paragraph (o) in this AD to specify only
the specific step that provides the replacement instructions and
identifies the part number of the new fittings. Other removal and
reinstallation actions related to the fitting replacement may be done
using accepted methods in accordance with the operator's maintenance or
inspection program.
    We disagree with American Airlines' assertion that only the fitting
design ``corrects the unsafe condition.'' ADs contain requirements that
are related to addressing the unsafe condition, as determined by the
FAA and the design approval holder that developed the service
information. Therefore, many provisions of ADs address aspects of
accomplishing the required maintenance that are necessary to prevent
operators from inadvertently aggravating the unsafe condition or
introducing new unsafe conditions. As in this case, the replacement
instructions provided in the referenced service information are
reasonably related to addressing the unsafe condition.
    As always, operators preferring to use a method other than that
specified in the referenced service information may request approval
for an alternative method of compliance and, if approved, may use it
instead of the procedures specified in the service information.
    We further clarified this action throughout this AD by revising the
description of the replacement part by specifying ``the inboard main
flap outboard hinge fittings.''

Effect of Winglets on AD

    Aviation Partners Boeing, United Airlines, Delta Air Lines, and UPS
requested that the SNPRM (79 FR 58294, September 29, 2014) specify that
accomplishment of supplemental type certificate (STC) ST01920SE (http:/
/rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/
59027f43b9a7486e86257b1d006591ee/$FILE/ST01920SE.pdf) does not affect
the actions in the SNPRM.
    We concur with the request. We have redesignated the introductory
text of paragraph (c) of the SNPRM (79 FR 58294, September 29, 2014) as
paragraph (c)(1), and subparagraphs (c)(1) and (c)(2) as (c)(1)(i) and
(c)(1)(ii), and added new paragraph (c)(2) to this AD to state that
installation of STC ST01920SE (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
59027f43b9a7486e86257b1d006591ee/$FILE/ST01920SE.pdf) does not affect
the ability to accomplish the actions required by this final rule.
Therefore, for airplanes on which STC ST01920SE is installed, a
``change in product'' alternative method of compliance (AMOC) approval
request is not necessary to comply with the requirements of 14 CFR
39.17.

Change of Location for Certain Credit Service Information

    We have removed Boeing Alert Service Bulletin 767-57A0079, Revision
1, dated May 6, 2010, which is referred to for credit for certain
actions, from paragraph (g)(2) of the proposed AD. Instead, we have
revised paragraph (p)(1) of this AD to specifically provide credit for
actions required by paragraph (g)(2) of this AD, if those actions were
performed before the effective date of this AD using Boeing Alert
Service Bulletin 767-57A0079, Revision 1, dated May 6, 2010. We have
redesignated subsequent paragraphs (including the addition of new
paragraph (p)(3)) accordingly. This change does not affect the intent
of paragraph (g)(2) of this AD.

Change to Retained Credit for Previous Actions Language

    We have revised the wording in paragraph (l) of this AD; this
change has not changed the intent of that paragraph.

Change to Previous AMOCs Paragraph

    We have added a reference to paragraph (j) of this AD in paragraph
(q)(4) of this AD to account for any AMOCs that might have been
approved for the optional action specified in paragraph (j) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
SNPRM (79 FR 58294, September 29, 2014) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM (79 FR 58294, September 29, 2014).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 767-57A0079, Revision 2,
dated March 23, 2012; and Boeing Alert Service Bulletin 767-57A0076,
Revision 3, dated April 4, 2012. The service information describes
procedures for repetitive eddy current inspections for cracks or
fractures of the outboard hinge fitting assemblies on the trailing edge
of the inboard main flap. The service information also describes
procedures for replacing the fittings, which would eliminate the need
for the repetitive inspections. 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 of this final rule.

Costs of Compliance

    We estimate that this AD affects 440 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained detailed inspections..  10 work-hours x $85 per              $0  $850 per            $374,000 per
                                  hour = $850 per                          inspection cycle.   inspection cycle.
                                  inspection cycle.
Retained detailed and eddy       13 work-hours x $85 per               0  $1,105 per          $486,200 per
 current inspections.             hour = $1,105 per                        inspection cycle.   inspection cycle.
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the inspection. We have
no way of determining the number of airplanes that might need these
replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                 Action                                Labor cost                  Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement.............................  32 work-hours x $85 per hour =               $45,400          $48,120
                                           $2,720.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2003-13-01, Amendment 39-13201 (68 FR 37402, June 24, 2003), and adding
the following new AD:

2015-15-06 The Boeing Company: Amendment 39-18215; Docket No. FAA-
2012-0108; Directorate Identifier 2011-NM-049-AD.

(a) Effective Date

    This AD is effective November 13, 2015.

(b) Affected ADs

    This AD replaces AD 2003-13-01, Amendment 39-13201 (68 FR 37402,
June 24, 2003).

(c) Applicability

    (1) This AD applies to The Boeing Company airplanes,
certificated in any category, identified in paragraphs (c)(1)(i) and
(c)(1)(ii) of this AD.
    (i) Model 767-200, -300, and -300F series airplanes, as
specified in Boeing Alert Service Bulletin 767-57A0076, Revision 3,
dated April 4, 2012.
    (ii) Model 767-400ER series airplanes, as specified in Boeing
Alert Service Bulletin 767-57A0079, Revision 2, dated March 23,
2012.
    (2) Installation of Supplemental Type Certificate (STC)
ST01920SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/59027f43b9a7486e86257b1d006591ee/$FILE/ST01920SE.pdf)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01920SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of hinge assembly fractures
found before certain required compliance times on airplanes subject
to AD 2003-13-01, Amendment 39-13201 (68 FR 37402, June 24, 2003).
We are issuing this AD to prevent the inboard aft flap from
separating from the wing and potentially striking the airplane,
which could result in damage to the surrounding structure and
potential personal injury.

(f) Compliance

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

(g) Retained Inspection, With Revised Service Information

    This paragraph restates the requirements of paragraph (a) of AD
2003-13-01, Amendment 39-13201 (68 FR 37402, June 24, 2003), with
revised service information. Perform either a detailed inspection,
or a detailed inspection plus an eddy current inspection, of the
outboard hinge fitting assemblies on the trailing edge of the
inboard main flap to detect cracks and fractures and evidence of a
tool runout option, as applicable. For the purposes of this AD, a
detailed inspection is defined as an intensive visual examination of
a specific structural area, system, installation, or assembly to
detect damage, failure, or irregularity. Available lighting is
normally supplemented with a direct source of good lighting at
intensity deemed appropriate by the inspector. Inspection aids such
as mirror, magnifying lenses, etc., may be used. Surface cleaning
and elaborate access procedures may be required.
    (1) For Model 767-200, -300, and -300F series airplanes
identified in Boeing Service Bulletin 767-57A0076, Revision 1, dated
March 29, 2001: Inspect before the airplane accumulates 2,700 total
flight cycles, or within 90 days after July 29, 2003 (the effective
date of AD 2003-13-01, Amendment 39-13201 (68 FR 37402, June 24,
2003)), whichever occurs later, in accordance with Boeing Service
Bulletin 767-57A0076, Revision 1, dated March 29, 2001; or the
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
57A0076, Revision 3, dated April 4, 2012. As of the effective date
of this AD, only Boeing Service Bulletin 767-57A0076, Revision 3,
dated April 4, 2012, may be used for the inspection.
    (2) For Model 767-400ER series airplanes identified in Boeing
Alert Service Bulletin 767-57A0079, dated June 20, 2002: Inspect
before the airplane accumulates 12,000 total flight cycles, except
as required by paragraph (m) of this AD, in accordance with Boeing
Alert Service Bulletin 767-57A0079, dated June 20, 2002; or the
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
57A0079, Revision 2, dated March 23, 2012. As of the effective date
of this AD, only Boeing Alert Service Bulletin 767-57A0079, Revision
2, dated March 23, 2012, may be used for the inspection.

(h) Retained Follow-On/Corrective Actions, With Revised Service
Information

    This paragraph restates the requirements of paragraph (b) of AD
2003-13-01, Amendment 39-13201 (68 FR 37402, June 24, 2003), with
revised service information. Following the initial inspections
required by paragraph (g) of this AD, perform applicable follow-on
and corrective actions at the times specified in Figure 1 of Boeing
Service Bulletin 767-57A0076, Revision 1, dated March 29, 2001 (for
Model 767-200, -300, and -300F series airplanes); or Boeing Alert
Service Bulletin 767-57A0079, dated June 20, 2002 (for Model 767-
400ER series airplanes); until the initial inspection required by
paragraph (n) of this AD is accomplished, and repeat thereafter at
the applicable times specified in paragraph (n) of this AD. Do the
follow-on and corrective actions (including repetitive inspections
and replacement of the fittings with new fittings) in accordance
with Part 1 or Part 2 of Boeing Service Bulletin 767-57A0076,
Revision 1, dated March 29, 2001; or Boeing Alert Service Bulletin
767-57A0079, dated June 20, 2002; or in accordance with the
Accomplishment Instructions of the service information identified in
paragraph (h)(1) or (h)(2) of this AD; except as required by
paragraph (i)(2) of this AD. For Model 767-200, -300, and -300F
series airplanes: If the fitting has the tool runout, and no
cracking or fracture is found during the inspection, this AD
requires no further action for that hinge fitting. As of the
effective date of this AD, for the actions required by this
paragraph, only the service information identified in paragraph
(h)(1) or (h)(2) of this AD, as applicable, may be used.
    (1) Boeing Service Bulletin 767-57A0076, Revision 3, dated April
4, 2012 (for Model 767-200, -300, and -300F series airplanes).
    (2) Boeing Alert Service Bulletin 767-57A0079, Revision 2, dated
March 23, 2012 (for Model 767-400ER series airplanes).

(i) Retained Exceptions to Service Bulletin Procedures, Without the
Reporting Requirement and With Revised Service Information

    This paragraph restates the requirements of paragraphs (c) and
(d) of AD 2003-13-01, Amendment 39-13201 (68 FR 37402, June 24,
2003), without the reporting requirement and with revised service
information. The following exceptions specified in paragraphs (i)(1)
and (i)(2) of this AD apply.
    (1) Where the terminating action in Part 3 of Boeing Service
Bulletin 767-57A0076, Revision 1, dated March 29, 2001, and Revision
3, dated April 4, 2012; and Boeing Alert Service Bulletin 767-
57A0079, dated June 20, 2002, and Revision 2, dated March 23, 2012;
as applicable; is specified as corrective action, this AD requires
that the terminating action, if required, be accomplished before
further flight.
    (2) Boeing Service Bulletin 767-57A0076, Revision 1, dated March
29, 2001; and Boeing Alert Service Bulletin 767-57A0076, Revision 3,
dated April 4, 2012; specify to contact Boeing before the
terminating action is done as corrective action for any cracking or
fracture found on a Model 767-200, -300, or -300F series airplane
with the tool runout. However, this AD requires that any such crack
or fracture on those airplanes be repaired in accordance with Part 3
of Boeing Service Bulletin 767-57A0076, Revision 1, dated March 29,
2001; or the Accomplishment Instructions of Boeing Alert Service
Bulletin 767-57A0076, Revision 3, dated April 4, 2012. This AD does
not require a report.

(j) Retained Optional Terminating Action

    This paragraph restates the provisions of paragraph (f) of AD
2003-13-01, Amendment 39-13201 (68 FR 37402, June 24, 2003). Unless
required to do so by paragraph (h) of this AD, operators may choose
to accomplish the terminating action (including replacement of the
fittings with new fittings, and reinstallation of existing upper
skin access panels and fairing midsections on the trailing edge of
the main flap) in accordance with Part 3 of the Work Instructions of
Boeing Service Bulletin 767-57A0076, Revision 1, dated March 29,
2001; or Boeing Alert Service Bulletin 767-57A0079, dated June 20,
2002; as applicable; or do the terminating actions specified in
paragraph (o) of this AD. As of the effective date of this AD, use
only the terminating action specified in paragraph (o) of this AD.
Accomplishment of the terminating action terminates the repetitive
inspection requirements of paragraph (h) of this AD.

(k) Parts Installation Limitations

    As of the effective date of this AD, no person may install on
any airplane identified

in paragraph (c) of this AD, a hinge fitting assembly that has part
number (P/N) 113T2271-13, 113T2271-14, 113T2271-23, 113T2271-24,
113T2271-29, 113T2271-30, 113T2271-33, 113T2271-34, 113T2271-401, or
113T2271-402, unless the applicable requirements of this AD have
been accomplished for that fitting.

(l) Retained Credit for Previous Actions, With Revised Credit
Provisions

    This paragraph restates the provisions of paragraph (g) of AD
2003-13-01, Amendment 39-13201 (68 FR 37402, June 24, 2003), with
revised credit provisions. This paragraph provides credit for
actions required by paragraphs (g)(1), (h), and (j) of this AD, if
those actions were performed before July 29, 2003 (the effective
date of AD 2003-13-01), using Boeing Alert Service Bulletin 767-
57A0076, dated October 26, 2000, which is not incorporated by
reference in this AD.

(m) New Initial Inspection

    For Model 767-400ER airplanes identified in Boeing Alert Service
Bulletin 767-57A0079, Revision 2, dated March 23, 2012, on which the
inspection required in paragraph (g) of this AD has not been done as
of the effective date of this AD: Before the accumulation of 6,000
total flight cycles, or within 750 flight cycles after the effective
date of this AD, whichever occurs later, perform either a detailed
inspection or a detailed inspection plus an eddy current inspection
to detect cracks or fractures of the outboard hinge fitting
assemblies on the trailing edge of the inboard main flap, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 767-57A0079, Revision 2, dated March 23, 2012.
Accomplishment of this inspection terminates the inspection
requirement of paragraph (g)(2) of this AD. If any cracking or
fracture is found, before further flight, replace the fittings in
accordance with Part 3 of the Work Instructions of the
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
57A0079, Revision 2, dated March 23, 2012.

(n) New Repetitive Inspections

    Repeat the inspection specified in paragraph (h) or (m) of this
AD, as applicable, at intervals not to exceed the time specified in
paragraph (n)(1) or (n)(2) of this AD, as applicable, in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin 767-57A0076, Revision 3, dated April 4, 2012 (for Model
767-200, -300, and -300F series airplanes); or Boeing Alert Service
Bulletin 767-57A0079, Revision 2, dated March 23, 2012 (for Model
767-400ER series airplanes); until the actions specified in
paragraph (o) of this AD are done.
    (1) If the most recent inspection was a detailed inspection: Do
the next inspection within 300 flight cycles after doing the
detailed inspection, and continue to repeat the inspection(s)
thereafter at the time specified in paragraph (n) of this AD.
    (2) If the most recent inspections were a detailed inspection
and an eddy current inspection: Do the next inspections at the
applicable time specified in paragraph (n)(2)(i) or (n)(2)(ii) of
this AD, and continue to repeat the inspection(s) thereafter at the
time specified in paragraph (n) of this AD.
    (i) For Model 767-200, -300, and -300F series airplanes: Do the
next inspection at the applicable time specified in paragraph
(n)(2)(i)(A) or (n)(2)(i)(B) of this AD.
    (A) If the detailed inspection and eddy current inspection were
done before the effective date of this AD: Do the next inspection
within 1,500 flight cycles after doing the detailed and eddy current
inspections.
    (B) If the detailed inspection and eddy current inspection were
done on or after the effective date of this AD: Do the next
inspection within 750 flight cycles after doing the detailed and
eddy current inspection.
    (ii) For Model 767-400ER series airplanes: Do the next
inspection within 750 flight cycles after doing the detailed
inspection and eddy current inspection.

(o) New Optional Terminating Action

    Replacement of the inboard main flap outboard hinge fittings in
accordance with step 4 of Part 3 of the Work Instructions of the
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
57A0079, Revision 2, dated March 23, 2012 (for Model 767-400ER
series airplanes); or step 4 of Part 3 of the Work Instructions of
the Accomplishment Instructions of Boeing Alert Service Bulletin
767-57A0076, Revision 3, dated April 4, 2012 (for Model 767-200, -
300, and -300F series airplanes); terminates the repetitive
inspections required by paragraphs (h) and (n) of this AD.

(p) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraph (g)(2) of this AD, if those actions were performed before
the effective date of this AD using Boeing Alert Service Bulletin
767-57A0079, Revision 1, dated May 6, 2010, which is not
incorporated by reference in this AD.
    (2) This paragraph provides credit for actions required by
paragraphs (h), (n), and (o) of this AD, if those actions were
performed before the effective date of this AD using the service
information identified in paragraph (p)(2)(i), (p)(2)(ii),
(p)(2)(iii), or (p)(2)(iv) of this AD.
    (i) Boeing Alert Service Bulletin 767-57A0076, Revision 1, dated
March 29, 2001, which was incorporated by reference in AD 2003-13-
01, Amendment 39-13201 (68 FR 37402, June 24, 2003), and continues
to be incorporated by reference in this AD.
    (ii) Boeing Alert Service Bulletin 767-57A0076, Revision 2,
dated November 22, 2006, which is not incorporated by reference in
this AD.
    (iii) Boeing Alert Service Bulletin 767-57A0079, dated June 20,
2002, which was incorporated by reference in AD 2003-13-01,
Amendment 39-13201 (68 FR 37402, June 24, 2003), and continues to be
incorporated by reference in this AD.
    (iv) Boeing Alert Service Bulletin 767-57A0079, Revision 1,
dated May 6, 2010, which is not incorporated by reference in this
AD.
    (3) This paragraph provides credit for actions required by
paragraph (j) of this AD, if those actions were performed before the
effective date of this AD using the service information identified
in paragraph (p)(3)(i) or (p)(3)(ii) of this AD.
    (i) Boeing Alert Service Bulletin 767-57A0076, Revision 2, dated
November 22, 2006, which is not incorporated by reference in this
AD.
    (ii) Boeing Alert Service Bulletin 767-57A0079, Revision 1,
dated May 6, 2010, which is not incorporated by reference in this
AD.

(q) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (r)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved previously in accordance with AD 2003-13-01,
Amendment 39-13201 (68 FR 37402, June 24, 2003), are approved as
AMOCs for the corresponding provisions of paragraphs (g), (h), (i),
and (j) of this AD.

(r) Related Information

    (1) For more information about this AD, contact Wayne Lockett,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office ACO, 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (s)(5) and (s)(6) of this AD.

(s) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
November 13, 2015.
    (i) Boeing Alert Service Bulletin 767-57A0079, Revision 2, dated
March 23, 2012.

    (ii) Boeing Alert Service Bulletin 767-57A0076, Revision 3,
dated April 4, 2012.
    (4) The following service information was approved for IBR on
July 29, 2003 (68 FR 37402, June 24, 2003).
    (i) Boeing Alert Service Bulletin 767-57A0079, dated June 20,
2002.
    (ii) Boeing Service Bulletin 767-57A0076, Revision 1, dated
March 29, 2001.
    (5) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (6) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 30, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-25490 Filed 10-8-15; 8:45 am]
 BILLING CODE 4910-13-P