[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Rules and Regulations]
[Pages 23794-23796]
[FR Doc No: 2018-11027]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0429; Product Identifier 2018-NE-13-AD; Amendment
39-19287; AD 2018-09-51]
RIN 2120-AA64

Airworthiness Directives; CFM International S.A. Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for CFM
International, S.A., (CFM) CFM56-7B model engines. This emergency AD
was sent previously to all known U.S. owners and operators of CFM
CFM56-7B model engines. This AD requires a one-time ultrasonic
inspection (USI) of the concave and convex sides of the fan blade
dovetail. This AD was prompted by a recent engine failure due to a
fractured fan blade, which resulted in the engine inlet cowl
disintegrating and debris penetrating the fuselage, causing a loss of
pressurization, and prompting an emergency descent. We are issuing this
AD to address the unsafe condition on these products.

DATES: This AD is effective June 7, 2018 to all persons except those
persons to whom it was made immediately effective by Emergency AD 2018-
09-51, issued on April 20, 2018, which contained the requirements of
this amendment.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of May
14, 2018 (83 FR 19176, May 2, 2018).
    We must receive comments on this AD by July 9, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: 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 AD, contact CFM
International Inc., Aviation Operations Center, 1 Neumann Way, M/D Room
285, Cincinnati, OH 45125; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected]. You may view this service
information at the FAA, Engine and Propeller Standards Branch, 1200
District Avenue, Burlington, MA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available on
the internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2018-0429.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0429; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The street address for Docket Operations (phone:
800-647-5527) is listed above. Comments will be available in the AD
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Christopher McGuire, Aerospace
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; Email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    On April 20, 2018, we issued Emergency AD 2018-09-51, which
requires a one-time USI of the concave and convex sides of the fan
blade dovetail. This emergency AD was sent previously to all known U.S.
owners and operators of these CFM CFM56-7B model engines. This action
was prompted by a recent engine failure due to a fractured fan blade.
There was one passenger fatality as a result of the event. This
condition, if not addressed, could result in the engine inlet cowl
disintegrating and debris penetrating the fuselage, causing a loss of
pressurization, and prompting an emergency descent.

Relevant Service Information Under 1 CFR Part 51

    We reviewed CFM Service Bulletin (SB) CFM56-7B S/B 72-1033, dated
April 20, 2018. The service information describes procedures for
performing a USI for cracks of the fan blade dovetail and removal of
cracked fan blades from service. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires a one-time USI of the concave and convex sides of
the fan blade dovetail.

Differences Between This AD and the Service Information

    CFM SB CFM56-7B S/B 72-1033, dated April 20, 2018, provides actions
for engines with fewer than 30,000 flight cycles, but this AD does not
affect those engines. The service information also specifies repetitive
inspections, but this AD does not require that the inspection be
repeated. We published AD 2018-09-10 (83 FR 19176, May 2, 2018), which
addresses those differences.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
Emergency AD 2018-09-51, issued on April 20, 2018, to all known U.S.
owners and operators of these engines. The FAA has found that the risk
to the flying public justifies waiving notice and comment prior to
adoption of this rule because the USI must be performed within 20 days.
These conditions still exist and the AD is hereby published in the
Federal Register as an amendment to section 39.13 of the Federal
Aviation Regulations (14 CFR 39.13) to make it effective to all
persons. Therefore, we find good cause that notice and opportunity for
prior public comment are impracticable. In addition, for the reason
stated above, we find that good cause exists for making this amendment
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2018-
0429 and Product Identifier 2018-NE-13-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this final rule. We will
consider all comments received by the closing date and may amend this
final rule 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 final rule.

Costs of Compliance

    We estimate that this AD affects 532 engines installed on airplanes
of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspect engine fan blade...........  2 work-hours x $85 per hour              $0            $170         $90,440
                                      = $170.
----------------------------------------------------------------------------------------------------------------

    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 aircraft that might need these
replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace fan blade..........................  1 work-hour x $85 per hour = $85...          $8,500          $8,585
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) 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 adding the following new airworthiness
directive (AD):

2018-09-51 CFM International S.A.: Amendment 39-19287; Docket No.
FAA-2018-0429; Product Identifier 2018-NE-13-AD.

(a) Effective Date

    This AD is effective June 7, 2018 to all persons except those
persons to whom it was made immediately effective by Emergency AD
2018-09-51, issued on April 20, 2018, which contained the
requirements of this amendment.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all CFM International, S.A., (CFM) CFM56-
7B20, -7B22, -7B24, -7B26, -7B27, -7B22/B1, -7B24/B1, -7B26/B1, -
7B26/B2, -7B27/B1, -7B27/B3, -7B20/3, -7B22/3, -7B24/3, -7B26/3, -
7B27/3, -7B22/3B1, -7B24/3B1, -7B26/3B1, -7B26/3B2, -7B26/3F, -7B26/
3B2F, -7B27/3B1, -7B27/3B3, -7B27/3F, -7B27/3B1F, -7B20E, -7B22E, -
7B24E, -7B26E, -7B27E, -7B22E/B1, -7B24E/B1, -7B26E/B1, -7B26E/B2, -
7B26E/F, -7B26E/B2F, -7B27E/B1, -7B27E/B3, -7B27E/F, -7B27E/B1F, -
7B20/2, -7B22/2, -7B24/2, -7B26/2, -7B27/2, -7B27A,

-7B27AE, and -7B27A/3 engine models, with 30,000 or more total
accumulated flight cycles since new, as of April 20, 2018.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7200, Engine.

(e) Unsafe Condition

    This AD was prompted by recent event involving an engine
failure, resulting in the engine inlet cowl disintegrating, debris
penetrating the fuselage causing a loss of pressurization and
prompting an emergency descent. There was one passenger fatality as
a result of the event. We are issuing this AD to address fan blade
failure due to cracking, which could result in an engine in-flight
shutdown (IFSD), uncontained release of debris, damage to the
engine, damage to the airplane, and possible airplane decompression.

(f) Compliance

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

(g) Inspection

    (1) Within 20 days after the effective date of this AD, perform
a one-time ultrasonic inspection of all 24 fan blade dovetail
concave and convex sides to detect cracking.
    (2) Use the Accomplishment Instructions, paragraphs 3.A.(3)(a)
through (i), of CFM Service Bulletin (SB) CFM56-7B S/B 72-1033,
dated April 20, 2018, to perform the inspection required by
paragraph (g)(1) of this AD.

(h) Corrective Action

    If any unserviceable indication, as specified in CFM SB CFM56-7B
S/B 72-1033, dated April 20, 2018, is found during any inspection
required by this AD, remove the affected fan blade from service
before further flight.

(i) No Reporting Required

    Although CFM SB CFM56-7B S/B 72-1033, dated April 20, 2018,
specifies to report findings, this AD does not include that
requirement.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraph (g)(1) of this AD, if those actions were performed before
receipt of this AD using CFM SB CFM56-7B S/B 72-1019, dated March
24, 2017; or Revision 1, dated June 13, 2017; or CFM SB CFM56-7B S/B
72-1024, dated July 24, 2017.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (l) of this AD. You may email your request
to [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(k)(3)(i) and (k)(3)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(l) Related Information

    For more information about this AD, contact Christopher McGuire,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; Email:
[email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
May 14, 2018 (83 FR 19176, May 2, 2018).
    (i) CFM International, S.A., (CFM) Service Bulletin CFM56-7B S/B
72-1033, dated April 20, 2018.
    (ii) Reserved.
    (4) For CFM service information identified in this AD, contact
CFM International Inc., Aviation Operations Center, 1 Neumann Way,
M/D Room 285, Cincinnati, OH 45125; phone:<PHONE_NUMBER>; fax: 877-
432-3329; email: [email protected].
    (5) You may view this service information at FAA, Engine and
Propeller Standards Branch, Policy and Innovation Division, 1200
District Avenue, Burlington, MA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (6) 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 Burlington, Massachusetts, on May 18, 2018.
Robert J. Ganley,
Manager, Engine & Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2018-11027 Filed 5-22-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 3 (Monday, January 6, 2014)]
[Notices]
[Pages 686-688]
[FR Doc No: 2013-31516]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71199; File No. SR-NASDAQ-2013-159]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify the Extranet Access Fee

December 30, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 18, 2013, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by NASDAQ. 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.

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

    NASDAQ proposes to modify the extranet access fee (``Extranet
Access Fee'') set forth in NASDAQ Rule 7025, as well as to clarify its
applicability. NASDAQ will implement the proposed revised fee on
January 2, 2014.
    The text of the proposed rule change is below. Proposed new
language is italicized; proposed deletions are bracketed.\3\
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    \3\ Changes are marked to the rules of The NASDAQ Stock Market
LLC found at http://NASDAQomx.cchwallstreet.com/.
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* * * * *

7025. Extranet Access Fee

    Extranet providers that establish a connection with Nasdaq to offer
direct access connectivity to market data feeds shall be assessed a
monthly access fee of $1,000[750] per recipient Customer Premises
Equipment (``CPE'') Configuration. If an extranet provider uses
multiple CPE Configurations to provide market data feeds to any
recipient, the monthly fee shall apply to each such CPE Configuration.
For purposes of this Rule 7025, the term ``Customer Premises Equipment
Configuration'' shall mean any line, circuit, router package, or other
technical configuration used by an extranet provider to provide a
direct access connection to Nasdaq market data feeds to a recipient's
site. No extranet access fee will be charged for connectivity to market
data feeds containing only consolidated data. For purposes of this
rule, consolidated data includes data disseminated by the UTP SIP.
* * * * *

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

    In its filing with the Commission, NASDAQ 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. NASDAQ has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    NASDAQ is proposing a change to modify the Extranet Access Fee as
set forth in NASDAQ Rule 7025, as well as to clarify its applicability.
NASDAQ Rule 7025 currently provides that for extranet providers that
establish a connection with NASDAQ to offer direct access connectivity
to market data feeds they will be assessed a monthly access fee of $750
per recipient Customer Premises Equipment (``CPE'') Configuration.\4\
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    \4\ As defined in NASDAQ Rule 7025, a ``Customer Premises
Equipment Configuration'' means any line, circuit, router package,
or other technical configuration used by an extranet provider to
provide a direct access connection to NASDAQ market data feeds to a
recipient's site.
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    Specifically, NASDAQ proposes to increase this Extranet Access Fee
from $750 per month to $1,000 per month. This increase represents the
first price change since its introduction in 2004.\5\ This fee increase
will be used to help support NASDAQ's costs associated with maintaining
multiple extranet connections with multiple providers. These costs
include those associated with overhead and technology infrastructure,
administrative, maintenance and operational costs. Since the inception
of this fee there have been numerous network infrastructure
improvements and administrative controls enacted. The Exchange has
additionally implemented compressed TCP/IP options, which allows [sic]
customers reduced bandwidth and lower carrying costs. Additionally, the
Exchange has implemented automated retransmission facilities for most
of its data clients that benefit extranet clients by reducing
operational costs associated with retransmissions.
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    \5\ See Securities Exchange Act Release No. 50483 (October 1,
2004), 69 FR 60448 (October 8, 2004) (SR-NASD-2004-118).
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    As the number of extranets has increased, the management of the
downstream customers has expanded and the Exchange has had to ensure
appropriate reporting and review processes, which has resulted in a
greater cost burden on the Exchange over time. The increased fee will
also help to ensure that the Exchange is better able to closely review
reports and uncover reporting errors via audits thus minimizing
reporting issues. The network infrastructure has increased in order to
keep pace with the increased number of products, which, in turn, has
caused an increased administrative burden and higher operational costs
associated with delivery via extranets.
    Additionally, Rule 7025 will be clarified by stating that no
extranet access fee will be charged for connectivity to market data
feeds containing only consolidated data.\6\ This clarification should
serve to reduce any confusion as to the applicability of this fee.
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    \6\ For purposes of Rule 7025, ``consolidated data'' is defined
to include data disseminated by the UTP SIP.
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2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
Section 6(b) of the Act,\7\ in general, and with Section 6(b)(4) of the
Act,\8\ in particular, in that it provides for the equitable allocation
of reasonable dues, fees and other charges among members and issuers
and other persons using any facility or system which the Exchange
operates or controls.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
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    All similarly situated extranet providers, including the Exchange
operating its own extranet, that establish an extranet connection with
NASDAQ to access market data feeds from NASDAQ are subject to the same
fee structure. The increased fee will help NASDAQ offset some of the
rising overhead and technology infrastructure, administrative,
maintenance and operational costs it incurs in support of the service.
If such costs are covered, the service may provide NASDAQ with a
profit. As such, the Exchange believes that the proposed fee increase
is reasonable and notes that this increase represents the first price
change since its introduction in 2004. The extranet costs are separate
and different from the colocation facility that is able to recoup these
fees by charging for servers within the associated data centers.
    Additionally, Rule 7025 will be clarified by stating that no
extranet access fee will be charged for connectivity to market data
feeds containing only consolidated data. This clarification should
serve to reduce any confusion as to the applicability of this fee.

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

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.
    The fees are applied uniformly among extranet providers, which are
not compelled to establish a connection

with NASDAQ to offer access connectivity to market data feeds. For
these reasons, any burden arising from the fees is necessary in the
interest of promoting the equitable allocation of a reasonable fee.
Additionally, firms make decisions on how much and what types of data
to consume on the basis of the total cost of interacting with NASDAQ or
other exchanges and, of course, the extranet access fee is but one
factor in a total platform analysis.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\9\ 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 should be
approved or disapproved.
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    \9\ 15 U.S.C. 78s(b)(3)(a)(ii).
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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 Number SR-NASDAQ-2013-159 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2013-159. 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 such filing also will be available
for inspection and copying at the principal offices of the Exchange.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-NASDAQ-2013-
159, and should be submitted on or before January 27, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-31516 Filed 1-3-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 26, 2008 (Volume 73, Number 188)]
[Notices]
[Page 55831]
[DOCID:fr26se08-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

September 23, 2008.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP00-426-038.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission LLC submits Original Sheet 55G
et al to FERC Gas Tariff, Second Revised Volume 1.
    Filed Date: 09/12/2008.
    Accession Number: 20080916-0029.
    Comment Date: 5 p.m. Eastern Time on Friday, September 26, 2008.

    Docket Numbers: RP08-628-000.
    Applicants: CenterPoint Energy--Mississippi River Transmission
Corporation.
    Description: CenterPoint Energy--Mississippi River Transmission
Corporation submits Sixty-Fourth Revised Sheet 5 et al to FERC Gas
Tariff, Third Revised Volume 1, to be effective 11/1/08.
    Filed Date: 09/22/2008.
    Accession Number: 20080922-0261.
    Comment Date: 5 p.m. Eastern Time on Monday, October 06, 2008.

    Docket Numbers: RP08-629-000.
    Applicants: Dominion Cove Point LNG, LP.
    Description: Report of Revenue Crediting of Dominion Cove Point
LNG, LP.
    Filed Date: 09/22/2008.
    Accession Number: 20080922-5097.
    Comment Date: 5 p.m. Eastern Time on Monday, October 06, 2008.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. E8-22680 Filed 9-25-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 14, 2009 (Volume 74, Number 197)]
[Notices]
[Page 52797-52798]
[DOCID:fr14oc09-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER09-408-000; ER09-408-001]

Notice of Amended Filing; PacifiCorp

October 6, 2009.
    Take notice that on October 5, 2009, PacifiCorp submitted a filing
consisting of 12 unexecuted transmission service agreements between
PacifiCorp and CEP Funding, LLC. This filing modifies PacifiCorp's
December 12, 2008 filing in this proceeding.

    Any person desiring to intervene or to protest either of these
filings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214).
Protests will be considered by the Commission in determining the
appropriate action to be taken, but will not serve to make protestants
parties to the proceeding. Any person wishing to become a party must
file a notice of intervention or motion to intervene, as appropriate.
Such notices, motions, or protests must be filed on or before the
comment date. Anyone filing a motion to intervene or protest must serve
a copy of that document on the Applicant and all the parties in this
proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 26, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-24578 Filed 10-13-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Rules and Regulations]
[Pages 59290-59295]
[FR Doc No: 2018-25003]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9392; Product Identifier 2016-NM-003-AD; Amendment
39-19499; AD 2018-23-12]
RIN 2120-AA64

Airworthiness Directives; Zodiac Aero Evacuation Systems (also
known as Air Cruisers Company)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for Zodiac
Aero Evacuation Systems (also known as Air Cruisers Company) fusible
plugs installed on emergency evacuation equipment for various transport
category airplanes. This AD was prompted by reports indicating that
affected fusible plugs activated (vented gas) below the rated
temperature. This AD requires an inspection of the fusible plugs to
determine the part number and lot number, and replacement of all
affected fusible plugs. We are issuing this AD to address the unsafe
condition on these products.

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

ADDRESSES: For service information identified in this final rule,
contact Air Cruisers, 1747 State Route 34, Wall Township, NJ 07727-
3935; phone<PHONE_NUMBER>; email
[email protected]. You may view this service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2016-9392.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9392; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer,
Mechanical Systems and Admin Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
516-228-7323; fax<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to Zodiac Aero Evacuation
Systems (also known as Air Cruisers Company) fusible plugs installed on
emergency evacuation equipment for various transport category
airplanes. The NPRM published in the Federal Register on November 18,
2016 (81 FR 81709). The NPRM was prompted by reports indicating that
affected fusible plugs activated (vented gas) below the rated
temperature. The NPRM proposed to require an inspection of the fusible
plugs to determine the part number and lot number, and replacement of
all affected fusible plugs.
    We subsequently issued a supplemental NPRM (SNPRM) that was
published in the Federal Register on January 24, 2018 (83 FR 3283). The
SNPRM proposed to extend the compliance time, clarify the
applicability, and clarify certain requirements.
    We are issuing this AD to address fusible plugs that might activate
below the rated temperature and render the evacuation system unusable.

Comments

    We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
SNPRM and the FAA's response to each comment.

Request to Extend Compliance Time

    Airlines for America (A4A), on behalf of its members, requested
that we extend the compliance time specified in paragraph (h) of the
proposed AD (in the SNPRM). A4A stated that the extended compliance
time of 42 months after the effective date (in paragraph (g) of the
proposed AD (in the SNPRM)) had an unintended consequence in the re-
worded compliance paragraph (h) of the proposed AD (in the SNPRM). A4A
noted that while the allowance for maintenance records inspection was
added, the words ``[b]efore further flight'' remained. A4A concluded
that the current version means that either a planeside finding or a
maintenance records discovery will each require action before further
flight. A4A stated that while a finding by direct inspection will
happen only in a shop and not affect operation of any aircraft, the
accommodation for records review could immediately ground an in-service
aircraft. A4A requested that we allow 42 months for the replacement if
a records review was done.
    We agree to revise the compliance time in paragraph (h) of this AD
because we have determined that a compliance time of 42 months to
replace the affected part addresses the unsafe condition and provides
an acceptable level of safety. We have revised paragraph (h) of the AD
to specify a 42-month compliance time for the replacement.

Request To Specify Serial Numbers

    All Nippon Airways (ANA) requested that we revise paragraph (c) of
the proposed AD (in the SNPRM) to refer to service information that
specifies the serial numbers and not only the part numbers of the
affected emergency equipment. ANA stated that identifying affected
[parts] by only the part number means that even after expiration of the
compliance time specified in the proposed AD, the inspection must be
continued every time the affected emergency equipment is purchased. ANA
stated that the serial number of the affected emergency equipment
should be specified in the service information listed in paragraph (c)
of the proposed AD (in the SNPRM) in order to prevent endless
inspections.
    We do not agree because specific serial numbers for the affected
emergency equipment have not been identified. In addition, since the
fusible plugs are rotable we cannot limit the applicability to only the
known emergency equipment on which the fusible plugs were initially
installed. Therefore, in order to address the identified unsafe
condition, all fusible plugs installed on emergency evacuation
equipment identified in the service information specified in paragraph
(c) of this AD must be inspected as specified in paragraph (g) of this
AD. When installing new equipment on an airplane, operators must ensure
the newly installed part is not one of the affected parts by complying
with the parts installation prohibition specified in paragraph (i) of
this AD. We have not changed this AD in this regard.

Request To Refer to Service Information

    Southwest Airlines (SWA) and A4A, on behalf of its members,
requested that we refer to service information for accomplishing the
actions specified in paragraph (g) of the proposed AD (in the SNPRM).
SWA stated that the Air Cruisers service bulletins listed in paragraphs
(c)(1) through (c)(16) of the proposed AD (in the SNPRM) have steps to
inspect for the affected fusible plugs and to remove fusible plugs that
are stamped with Lot PA-21 or PA-22. SWA noted that the service
bulletins have been incorporated into the various

Air Cruisers component maintenance manuals (CMMs). A4A stated that the
service bulletins and CMMs specify an inspection for the suspect
fusible plug lot numbers and replacement if found.
    A4A and SWA also stated that maintenance records would not indicate
the level of detail of the fusible plug part numbers and lot numbers
installed. SWA stated that the revision of the CMM used to make the
components serviceable is noted on FAA Form 8130-3. A4A also stated
that access to the fusible plug part number and lot number is not
achievable planeside, and noted that the equipment manufacturer
recommends the system to be unpacked and inspected in the slide shop.
SWA and A4A requested that paragraph (g) of the proposed AD (in the
SNPRM) be revised to specify accomplishing the inspection in accordance
with the applicable service information specified in paragraphs (c)(1)
through (c)(16) of the proposed AD (in the SNPRM) and/or the applicable
component maintenance manuals.
    We do not agree with revising paragraph (g) of this AD to mandate
service information because this AD does not require operators to
accomplish the inspection using a specific method. However, we do agree
that operators should be aware of the service information that can be
used to do the inspection specified in paragraph (g) of this AD.
Therefore, we have added Note 1 to paragraph (g) of this AD to specify
service bulletins and CMMs that provide guidance for performing the
inspection. We have redesignated subsequent notes in this AD
accordingly.
    We also acknowledge the commenters' statement that the records
review might not be conclusive. As stated in paragraph (g) of this AD,
the records review is allowed only if operators can conclusively
determine the part number and lot number. For operators that do not
have records that can conclusively determine the part number and lot
number, the inspection must be done.

Request To Remove Paragraph (h) of the Proposed AD (in the SNPRM)

    SWA requested that we remove paragraph (h) of the proposed AD (in
the SNPRM). SWA stated that paragraph (h) of the proposed AD (in the
SNPRM) would require immediate removal of the emergency equipment if an
inspection or a records review determines an affected part is
installed. SWA suggested that paragraph (h) of the proposed AD (in the
SNPRM) be deleted because it is unnecessary. SWA stated the emergency
equipment must be removed from the aircraft in order to inspect for the
affected fusible plug. SWA noted the component maintenance documents do
not provide the level of detail of the fusible plug part numbers and
lot numbers installed.
    We do not agree with removing paragraph (h) of this AD because in
order to address the unsafe condition the affected fusible plug must
not only be removed but must also be replaced as required by paragraph
(h) of this AD. We have not changed this AD in this regard. However, as
stated previously, we have revised the compliance time in paragraph (h)
of this AD to specify replacing within 42 months instead of requiring
immediate action.

Request for Credit for Actions Done Using Certain Service Information

    SWA requested that we give credit for inspections of the affected
fusible plugs previously done per Air Cruisers service bulletins and/or
CMMs incorporating the requirements of the Air Cruisers service
bulletins.
    We agree to clarify. We have not mandated specific service
information for accomplishing the actions specified in paragraphs (g)
and (h) of this AD; therefore, it is not necessary to give credit for
using specific service information. For operators that have already
accomplished the actions required by paragraphs (g) and (h) of this AD,
credit is given as specified in paragraph (f) of this AD, which states
to accomplish the required actions within the compliance times
specified, ``unless already done.'' Therefore, if operators have
accomplished the actions required for compliance with paragraphs (g)
and (h) of this AD before the effective date of this AD, no further
action is necessary.

Request To Revise Parts Installation Prohibition

    A4A, on behalf of its members, requested that we revise paragraph
(i) of the proposed AD (in the SNPRM) to specify that no person may
install on any airplane any slide, slide/raft, or off-wing escape
system unless the inspection of the fusible plug has been done per the
applicable service information specified in paragraphs (c)(1) through
(c)(16) of the proposed AD (in the SNPRM) and/or the applicable CMM
listed in Air Cruisers Service Information Letter (SIL) 25-246, Rev.
No. 2, dated January 24, 2017. A4A stated that paragraph (i) of the
proposed AD (in the SNPRM) does not sufficiently close the door on
direct inspection of the plug, which can only be accomplished by
unpacking slides and complete disassembly. A4A stated that only the
inspection of records (including service bulletin accomplishment
information directly stamped on the slide) can reasonably accomplish
the intention of the proposed AD in a practical manner.
    We do not agree because we have not mandated the service
information specified by the commenter. In order to comply with
paragraph (i) of this AD, operators must prevent the installation of an
affected part on an airplane. Paragraph (i) of this AD does not mandate
a specific method for operators to follow to ensure the affected part
is not installed. We have not changed this AD in this regard.

Request To Revise Cost Estimate

    A4A, on behalf of its members, requested that we revise the cost
estimate. A4A stated that the NPRM assumes one hour of labor per
aircraft. A4A noted that because the actions need to be done at an
appropriate facility (off wing and often not the operator's own shop),
the cost should be per system, and include all facets from uninstalling
through reinstallation. A4A stated the operator's actions will consume
closer to 4 hours per slide (at $85/hour), with the addition of $500
each way shipping, and the vendor cost (Zodiac's typical billing is
$2,900 per slide).
    We agree with revising the cost estimate because operators that
cannot do a records review will need to remove the affected emergency
equipment to accomplish the inspection. We disagree with including the
shipping and vendor costs because not all operators will need to ship
the equipment in order to do the inspection or records review. We have
revised the Costs of Compliance section in this final rule to specify
up to 4 work-hours for the inspection.

Clarification of Replacement Part

    In paragraph (h) of the proposed AD (in the SNPRM), we specified to
replace the fusible plug with a new part that does not have P/N B13984-
3, stamped with Lot PA-21 or PA-22. However, we have determined that it
is not necessary for the replacement part to be a new part. Therefore,
we have revised paragraph (h) of this AD to specify to replace the
fusible plug with a serviceable fusible plug P/N B13984-3 that is not
stamped with Lot PA-21 or PA-22.

Additional Affected Parts--Other Related Service Information

    We have reviewed Air Cruisers Service Information Letter (SIL) 25-
246, Rev. No. 2, dated January 24, 2017, which indicates additional
fusible plugs

might be affected by the identified unsafe condition. We have
determined that to delay this action in order to allow the public to
comment on the merits of inspecting the additional fusible plugs would
be inappropriate, since we have determined that an unsafe condition
exists and that inspections must be conducted to ensure continued
safety. We are considering additional rulemaking to address additional
fusible plugs.

Clarification of Manufacturer's Name

    In the Summary of the SNPRM, we noted that Zodiac Aero Evacuation
Systems was formerly known as Air Cruisers. However, Zodiac Aero
Evacuation Systems is also known as Air Cruisers Company. For clarity,
we have referred to the manufacturer as Zodiac Aero Evacuation Systems
(also known as Air Cruisers Company) throughout this final rule.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule 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 for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed the following Air Cruisers service information. The
service information identifies the affected fusible plugs. In addition,
it describes procedures for inspecting and replacing affected fusible
plugs. These documents are distinct since they apply to different
airplane models or configurations.
     Air Cruisers Service Bulletin 737 103-25-50, dated August
27, 2010.
     Air Cruisers Service Bulletin 757 105-25-80, dated August
27, 2010.
     Air Cruisers Service Bulletin 757 105-25-81, dated August
27, 2010.
     Air Cruisers Service Bulletin 767 106-25-10, Rev. No. 1,
dated October 15, 2010.
     Air Cruisers Service Bulletin 777 107-25-29, Rev. No. 1,
dated July 8, 2011.
     Air Cruisers Service Bulletin A300/A310 001-25-19, dated
August 27, 2010.
     Air Cruisers Service Bulletin A300/A310 003-25-33, dated
August 27, 2010.
     Air Cruisers Service Bulletin A310 002-25-08, dated August
27, 2010.
     Air Cruisers Service Bulletin A320 004-25-87, Rev. No. 2,
dated January 7, 2011.
     Air Cruisers Service Bulletin A321 005-25-21, dated August
27, 2010.
     Air Cruisers Service Bulletin BAe 146 201-25-23, dated
December 10, 2010.
     Air Cruisers Service Bulletin F28 352-25-02, dated
December 10, 2010.
     Air Cruisers Service Bulletin F100 351-25-07, dated
December 10, 2010.
     Air Cruisers Service Bulletin Liferaft 35-25-79, dated
August 27, 2010.
     Air Cruisers Service Bulletin MD11 305-25-35, dated August
27, 2010.
     Air Cruisers Service Bulletin MD80/90/717 304-25-45, dated
August 27, 2010.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 3,384 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
----------------------------------------------------------------------------------------------------------------
Determination of part and lot      Up to 4 work-hours               $0  Up to $340.........  Up to $1,150,560.
 number.                            x $85 per hour =
                                    Up to $340.
----------------------------------------------------------------------------------------------------------------

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

                                                On-Condition Cost
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                 Action                           Labor cost                  Parts cost              product
----------------------------------------------------------------------------------------------------------------
Replacement.............................  1 work-hour x $85 per hour  Not available.............             $85
                                           = $85.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all available costs in our
cost estimate.

Authority for This Rulemaking

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

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

Regulatory Findings

    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 adding the following new airworthiness
directive (AD):

2018-23-12 Zodiac Aero Evacuation Systems (also known as Air
Cruisers Company): Amendment 39-19499; Docket No. FAA-2016-9392;
Product Identifier 2016-NM-003-AD.

(a) Effective Date

    This AD is effective December 28, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Zodiac Aero Evacuation Systems (also known as
Air Cruisers Company) fusible plugs installed on emergency
evacuation equipment identified in the service information specified
in paragraphs (c)(1) through (c)(16) of this AD. These affected
fusible plugs might be installed on the emergency evacuation
equipment of the following manufacturers' airplanes: Airbus, The
Boeing Company, BAE Systems (Operations) Limited, and Fokker
Services B.V.
    (1) Air Cruisers Service Bulletin 737 103-25-50, dated August
27, 2010.
    (2) Air Cruisers Service Bulletin 757 105-25-80, dated August
27, 2010.
    (3) Air Cruisers Service Bulletin 757 105-25-81, dated August
27, 2010.
    (4) Air Cruisers Service Bulletin 767 106-25-10, Rev. No. 1,
dated October 15, 2010.
    (5) Air Cruisers Service Bulletin 777 107-25-29, Rev. No. 1,
dated July 8, 2011.
    (6) Air Cruisers Service Bulletin A300/A310 001-25-19, dated
August 27, 2010.
    (7) Air Cruisers Service Bulletin A300/A310 003-25-33, dated
August 27, 2010.
    (8) Air Cruisers Service Bulletin A310 002-25-08, dated August
27, 2010.
    (9) Air Cruisers Service Bulletin A320 004-25-87, Rev. No. 2,
dated January 7, 2011.
    (10) Air Cruisers Service Bulletin A321 005-25-21, dated August
27, 2010.
    (11) Air Cruisers Service Bulletin BAe 146 201-25-23, dated
December 10, 2010.
    (12) Air Cruisers Service Bulletin F28 352-25-02, dated December
10, 2010.
    (13) Air Cruisers Service Bulletin F100 351-25-07, dated
December 10, 2010.
    (14) Air Cruisers Service Bulletin Liferaft 35-25-79, dated
August 27, 2010.
    (15) Air Cruisers Service Bulletin MD11 305-25-35, dated August
27, 2010.
    (16) Air Cruisers Service Bulletin MD80/90/717 304-25-45, dated
August 27, 2010.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by reports indicating that affected fusible
plugs activated (vented gas) below the rated temperature. We are
issuing this AD to address fusible plugs that might activate below
the rated temperature and render the evacuation system unusable.

(f) Compliance

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

(g) Fusible Plug Identification

    Within 42 months after the effective date of this AD, do an
inspection to determine if any fusible plug has part number (P/N)
B13984-3, stamped with Lot PA-21 or PA-22. A review of the airplane
maintenance records is acceptable to make this determination if it
can be conclusively determined from that review that a part not
having P/N B13984-3, stamped with Lot PA-21 or PA-22, has been
installed.
    Note 1 to paragraph (g) of this AD: Guidance for performing the
inspection specified in paragraph (g) of this AD can be found in
applicable service information specified in paragraphs (c)(1)
through (c)(16) of this AD and the applicable component maintenance
manuals (CMMs) that have incorporated the appropriate Air Cruisers
service information.

(h) Replacement of Affected Fusible Plug

    If, during the inspection or records review required by
paragraph (g) of this AD, it is determined that any fusible plug has
part number (P/N) B13984-3, stamped with Lot PA-21 or PA-22: Within
42 months after the effective date of this AD, replace that fusible
plug with a serviceable fusible plug P/N B13984-3 that is not
stamped with Lot PA-21 or PA-22.
    Note 2 to paragraph (h) of this AD: Guidance can be found in the
applicable CMM for the replacement. In addition, Air Cruisers
Service Information Letter (SIL) 25-246, Rev. No. 1, dated February
21, 2014, provides information regarding affected fusible plugs and
guidance on the replacement.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install on
any airplane any fusible plug having P/N B13984-3, stamped with Lot
PA-21 or PA-22.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, New York ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
certification office, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone:<PHONE_NUMBER>; fax: 516-
794-5531.
    (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.

(k) Related Information

    (1) For more information about this AD, contact Darren Gassetto,
Aerospace Engineer, Mechanical Systems and Admin Services Section,
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email [email protected].
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (l)(3) and (l)(4) of this AD.

(l) 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
determine parts that are affected by this AD, unless the AD
specifies otherwise.
    (i) Air Cruisers Service Bulletin 737 103-25-50, dated August
27, 2010.
    (ii) Air Cruisers Service Bulletin 757 105-25-80, dated August
27, 2010.
    (iii) Air Cruisers Service Bulletin 757 105-25-81, dated August
27, 2010.
    (iv) Air Cruisers Service Bulletin 767 106-25-10, Rev. No. 1,
dated October 15, 2010.
    (v) Air Cruisers Service Bulletin 777 107-25-29, Rev. No. 1,
dated July 8, 2011.
    (vi) Air Cruisers Service Bulletin A300/A310 001-25-19, dated
August 27, 2010.
    (vii) Air Cruisers Service Bulletin A300/A310 003-25-33, dated
August 27, 2010.
    (viii) Air Cruisers Service Bulletin A310 002-25-08, dated
August 27, 2010.
    (ix) Air Cruisers Service Bulletin A320 004-25-87, Rev. No. 2,
dated January 7, 2011.
    (x) Air Cruisers Service Bulletin A321 005-25-21, dated August
27, 2010.
    (xi) Air Cruisers Service Bulletin BAe 146 201-25-23, dated
December 10, 2010.
    (xii) Air Cruisers Service Bulletin F28 352-25-02, dated
December 10, 2010.
    (xiii) Air Cruisers Service Bulletin F100 351-25-07, dated
December 10, 2010.
    (xiv) Air Cruisers Service Bulletin Liferaft 35-25-79, dated
August 27, 2010.
    (xv) Air Cruisers Service Bulletin MD11 305-25-35, dated August
27, 2010.
    (xvi) Air Cruisers Service Bulletin MD80/90/717 304-25-45, dated
August 27, 2010.
    (3) For service information identified in this AD, contact Air
Cruisers, 1747 State Route 34, Wall Township, NJ 07727-3935; phone
732-681-3527; email [email protected].
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on November 8, 2018.
Chris Spangenberg,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-25003 Filed 11-21-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26121-26122]
[FR Doc No: 2017-11588]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2017-0007]

Advisory Committee on Construction Safety and Health (ACCSH)

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Announcement of a teleconference meeting of ACCSH.

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

SUMMARY: ACCSH will hold a teleconference meeting June 20, 2017, to
consider a proposed rule to extend the enforcement date for OSHA's
crane operator certification requirement in the Cranes and Derricks in
Construction standard for an additional year until November 10, 2018.
OSHA also proposes to extend the existing employer duty to ensure that
crane operators are trained and competent to operate equipment safely
for the same period of time.

DATES: ACCSH will meet from 1 to 5 p.m., ET, Tuesday, June 20, 2017.
    Submit (postmark, send, transmit) comments, requests to address the
ACCSH meeting, speaker presentations (written or electronic), and
requests for special accommodations for the ACCSH meeting by June 9,
2017.

ADDRESSES: Submission of comments, requests to speak, and speaker
presentations for the ACCSH meeting: Submit comments, requests to
speak, and speaker presentations for the ACCSH meeting, using one of
the following methods:
    Electronically: Submit materials, including attachments,
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the on-line instructions for submissions.
    Facsimile (Fax): If the submission, including attachments, does not
exceed 10 pages, you may fax it to the OSHA Docket Office at (202) 693-
1648.
    Regular mail, express mail, hand delivery, or messenger (courier)
service: Submit materials to the OSHA Docket Office, Docket No. OSHA-
2017-0007, Room N-3508, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY (877)
889-5627). OSHA's Docket Office accepts deliveries (hand deliveries,
express mail, and messenger service) during normal business hours,
10:00 a.m.-3:00 p.m., ET, weekdays.
    Instructions: Submissions must include the agency name and docket
number for this Federal Register notice (Docket No. OSHA-2017-0007).
Due to security-related procedures, submissions by regular mail may
experience significant delays. Please contact the OSHA Docket Office
for information about security procedures for making submissions. For
additional information on submitting comments, requests to speak, and
speaker presentations, see the SUPPLEMENTARY INFORMATION section of
this notice.
    OSHA will post comments, requests to speak, and speaker
presentations, including any personal information provided, without
change, at http://www.regulations.gov. Therefore, OSHA cautions you
about submitting personal information such as Social Security numbers
and birthdates.
    Location of the ACCSH meeting: This ACCSH meeting will be by
teleconference only.
    Requests for special accommodations: Attendance at this ACCSH
meeting will be by teleconference only. Please submit requests for
telecommunication requirements or for special accommodations for this
ACCSH meeting to Ms. Veneta Chatmon, OSHA, Directorate of Construction,
Room N-3468, U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: For press inquiries: Mr. Frank
Meilinger, Director, OSHA Office of Communications, Room N-3647, U.S.
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210;
telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    For general information about this ACCSH meeting: Mr. Damon
Bonneau, OSHA, Directorate of Construction, Room N-3468, U.S.
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210;
telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    Copies of this Federal Register notice: Electronic copies of this
Federal Register notice are available at http://www.regulations.gov.
This notice, as well as news releases and other relevant information,
also are available on the OSHA Web page at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

ACCSH Meeting

    Background: ACCSH will meet June 20, 2017, by teleconference. The
meeting is open to the public. OSHA transcribes ACCSH meetings and
prepares detailed minutes of meetings. OSHA places the transcript and
minutes in the public docket for the meeting. The docket also includes
speaker presentations, comments, and other materials submitted to
ACCSH.
    ACCSH advises the Secretary of Labor and the Assistant Secretary of
Labor for Occupational Safety and Health (Assistant Secretary) in the
formulation of standards affecting the construction industry, and on
policy matters arising in the administration of the safety and health
provisions under the Contract Work Hours and Safety Standards Act
(Construction Safety Act (CSA)) (40 U.S.C. 3701 et seq.) and the
Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et
seq.) (see also 29 CFR 1911.10 and 1912.3). In addition, the OSH Act
and CSA require that the Assistant Secretary consult with ACCSH before
the Agency proposes any occupational safety and health standard
affecting construction activities (29 CFR 1911.10; 40 U.S.C. 3704).
    Meeting agenda: The tentative agenda for this meeting includes:
     Presentation on OSHA's proposed rule to extend the
enforcement date for the crane operator certification requirements and
the existing employer duty in the Cranes and Derricks in Construction
standards (29 CFR part 1926, subpart CC);
     ACCSH's consideration of, and recommendation on, OSHA's
Proposed Rule to extend the enforcement date for the crane operator
certification requirements and the existing employer duty in the Cranes
and Derricks in Construction standards (29 CFR part 1926, subpart CC);
and,
     Public Comment Period.
    Attending the meeting: Attendance at this ACCSH meeting will be by
teleconference only. The dial-in number

and passcode for the meeting are as follows: Dial-in number: 1-888-604-
9368; Passcode: 8521818. For additional information about attending
ACCSH meetings, please contact Ms. Chatmon (see ``Requests for special
accommodations'' in the ADDRESSES section of this notice).
    Requests to speak and speaker presentations: Attendees who want to
address ACCSH during the meeting must submit a request to speak, as
well as any written or electronic presentation, by June 9, 2017, using
one of the methods listed in the ADDRESSES section. The request must
state:
     The amount of time requested to speak;
     The interest you represent (e.g., business, organization,
affiliation), if any; and
     A brief outline of your presentation.
    PowerPoint presentations and other electronic materials must be
compatible with PowerPoint 2010 and other Microsoft Office 2010
formats.
    Alternately, you may request to address ACCSH briefly during the
public comment period.
    The ACCSH Chair may grant requests to address ACCSH as time and
circumstances permit.
    Public docket of the ACCSH meeting: OSHA will place comments,
requests to speak, and speaker presentations, including any personal
information you provide, in the public docket of this ACCSH meeting
without change, and those documents may be available online at: http://www.regulations.gov. OSHA also places in the public docket the meeting
transcript, meeting minutes, documents presented at the ACCSH meeting,
and other documents pertaining to the ACCSH meeting. These documents
are available online at: http://www.regulations.gov.
    Access to the public record of the ACCSH meeting: To read or
download documents in the public docket of this ACCSH meeting, go to
Docket No. OSHA-2017-0007 at: http://www.regulations.gov. The http://www.regulations.gov index also lists all documents in the public record
for this meeting; however, some documents (e.g., copyrighted materials)
are not publicly available through that Web page. All documents in the
public record, including materials not available through http://www.regulations.gov, are available for inspection in the OSHA Docket
Office (see ADDRESSES section). Contact the OSHA Docket Office for
assistance in making submissions to, or obtaining materials from, the
public docket.

Authority and Signature

    Dorothy Dougherty, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this notice
under the authority granted by 29 U.S.C. 656; 40 U.S.C. 3704; 5 U.S.C.
App. 2; 29 CFR parts 1911 and 1912; 41 CFR 102-3; and Secretary of
Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).

    Signed at Washington, DC, on May 31, 2017.
Dorothy Dougherty,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-11588 Filed 6-5-17; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Proposed Rules]
[Pages 12256-12259]
[FR Doc No: 2013-04045]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0092; Directorate Identifier 2012-NM-067-AD]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Embraer S.A. Model ERJ 170 and ERJ 190 airplanes. This proposed
AD was prompted by reports of chafing between the auxiliary power unit
(APU) electronic starter controller (ESC) power cables and the airplane
tail cone firewall. This proposed AD would require a detailed
inspection for damage to the insulation and inner conductors of the APU
ESC power cables, installing

new grommet support in the tail cone firewall, and corrective actions
if necessary. We are proposing this AD to detect and correct damage to
the APU ESC power cable harness, which if not corrected, could result
in reduced structural integrity of the fuselage and empennage in the
event of fire penetration through the firewall.

DATES: We must receive comments on this proposed AD by April 8, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<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, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro
Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos Campos--SP--
BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732; fax +55 12
3927-7546; email<EMAIL_ADDRESS>Internet http://www.flyembraer.com. You may review copies of the 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>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Cindy Ashforth, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 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-2013-0092;
Directorate Identifier 2012-NM-067-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directives 2012-03-03 and 2012-03-04, both dated April
13, 2012 (referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    It has been found the occurrences of chafing between the
Auxiliary Power Unit (APU) Electronic Starter Controller (ESC) power
cables (harness W205) and the airplane tail cone firewall due to the
grommet installed in the tail cone firewall moves out of its place.
This condition, if not corrected, may result in reduced structural
integrity of the fuselage and empennage in an event of fire
penetration through the firewall.

The required actions include a detailed inspection for damage to the
harness insulation and inner conductors of the APU ESC power cables,
installing a new grommet support in the tail cone firewall, and
corrective actions if necessary. Corrective actions include repairing
the harness W205 insulation or replacing the harness W205 of the APU
ESC power cables with a new harness. You may obtain further information
by examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Service Bulletin 170-53-0093, Revision 01, dated
March 16, 2012 (for Model ERJ 170 airplanes); Service Bulletin 190-53-
0054, Revision 01, dated March 16, 2012 (for Model ERJ 190 airplanes);
and Service Bulletin 190LIN-53-0059, Revision 01, dated March 16, 2012
(for Model ERJ 190-100 ECJ airplanes). The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

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

Differences Between This AD and the MCAI or Service Information

    Although Brazilian Airworthiness Directive AD 2012-03-04, dated
April 13, 2012, specifies a compliance time of ``within 3,000 flight
hours (FH)'' after the effective date of this AD for performing a
detailed inspection on the APU ESC power cables for damage, this AD
requires the action be done within 3,000 flight hours (FH) or 18 months
after the effective date of this AD, whichever occurs first. This
proposed compliance time aligns with the compliance time listed in
Brazilian AD 2012-03-03, dated April 13, 2012.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 253 products of U.S. registry. We also estimate that
it would take about 15 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $0 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these parts.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $322,575, or $1,275 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.

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

Regulatory Findings

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

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

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

Sec.  39.13  [Amended]

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

Embraer S.A.: Docket No. FAA-2013-0092; Directorate Identifier 2012-
NM-067-AD.

(a) Comments Due Date

    We must receive comments by April 8, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplane models identified in paragraphs
(c)(1) and (c)(2) of this AD.
    (1) Embraer S.A. Model ERJ 170-100 LR, -100 STD, -100 SE., and -
100 SU airplanes; and Model ERJ 170-200 LR, -200 SU, and -200 STD
airplanes; certificated in any category; as identified in Embraer
Service Bulletin 170-53-0093, Revision 01, dated March 16, 2012.
    (2) Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 ECJ, and -
100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW
airplanes; certificated in any category; as identified in Embraer
Service Bulletin 190-53-0054, Revision 01, dated March 16, 2012; and
Embraer Service Bulletin 190LIN-53-0059, Revision 01, dated March
16, 2012.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of chafing between the auxiliary
power unit (APU) electronic starter controller (ESC) power cables
and the airplane tail cone firewall. We are issuing this AD to
detect and correct damage to the APU ESC power cable harness, which
could result in reduced structural integrity of the fuselage and
empennage in the event of fire penetration through the firewall.

(f) Compliance

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

(g) Detailed Inspection, Installation, and Corrective Actions

    Within 3,000 flight hours or 18 months after the effective date
of this AD, whichever occurs first: Do a detailed visual inspection
for damage to the insulation and inner conductors of the APU ESC
power cables (harness W205), in accordance with the Accomplishment
Instructions of Embraer Service Bulletin 170-53-0093, Revision 01,
dated March 16, 2012 (for Model ERJ 170 airplanes); Embraer Service
Bulletin 190-53-0054, Revision 01, dated March 16, 2012 (for Model
ERJ 190 airplanes except for Model ERJ 190-100 ECJ airplanes); and
Embraer Service Bulletin 190LIN-53-0059, Revision 01, dated March
16, 2012 (for Model ERJ 190-100 ECJ airplanes).
    (1) If no damage is found, before further flight, install a new
grommet support having part number (P/N) 191-21716-003 in the tail
cone firewall, in accordance with the Accomplishment Instructions of
Embraer Service Bulletin 170-53-0093, Revision 01, dated March 16,
2012 (for Model ERJ 170 airplanes); Embraer Service Bulletin 190-53-
0054, Revision 01, dated March 16, 2012 (for Model ERJ 190 airplanes
except for Model ERJ 190-100 ECJ airplanes); and Embraer Service
Bulletin 190LIN-53-0059, Revision 01, dated March 16, 2012 (for
Model ERJ 190-100 ECJ airplanes).
    (2) If any damage is found during any inspection required in
paragraph (g) of this AD, that affects only the insulation of
harness W205 of the APU ESC power cables: Before further flight,
repair the insulation and install a new grommet support having P/N
191-21716-003 in the tail cone firewall, in accordance with the
Accomplishment Instructions of Embraer Service Bulletin 170-53-0093,
Revision 01, dated March 16, 2012 (for Model ERJ 170 airplanes);
Embraer Service Bulletin 190-53-0054, Revision 01, dated March 16,
2012 (for Model ERJ 190 airplanes except for Model ERJ 190-100 ECJ
airplanes); or Embraer Service Bulletin 190LIN-53-0059, Revision 01,
dated March 16, 2012 (for Model ERJ 190-100 ECJ airplanes).
    (3) If any damage is found during any inspection required in
paragraph (g) of this AD that affects the insulation of harness W205
of the APU ESC power cables and the inner conductors: Before further
flight, replace the harness with a new harness and install a new
grommet support having P/N 191-21716-003 in the tail cone firewall,
in accordance with the Accomplishment Instructions of Embraer
Service Bulletin 170-53-0093, Revision 01, dated March 16, 2012 (for
Model ERJ 170 airplanes); Embraer Service Bulletin 190-53-0054,
Revision 01, dated March 16, 2012 (for Model ERJ 190 airplanes
except for Model ERJ 190-100 ECJ airplanes); and Embraer Service
Bulletin 190LIN-53-0059, Revision 01, dated March 16, 2012 (for
Model ERJ 190-100 ECJ airplanes).

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Cindy
Ashforth, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority

(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Brazilian Airworthiness Directives 2012-03-03 and 2012-03-04,
dated April 13, 2012; and the service information specified in
paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this AD; for
related information.
    (i) Embraer Service Bulletin 170-53-0093, Revision 01, dated
March 16, 2012.
    (ii) Embraer Service Bulletin 190-53-0054, Revision 01, dated
March 16, 2012.
    (iii) Embraer Service Bulletin 190LIN-53-0059, Revision 01,
dated March 16, 2012.
    (2) For service information identified in this AD, contact
Embraer S.A., Technical Publications Section (PC 060), Av.
Brigadeiro Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos
Campos--SP--BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732;
fax +55 12 3927-7546; email<EMAIL_ADDRESS>Internet http://www.flyembraer.com. You may review copies of the 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>.

    Issued in Renton, Washington, on February 11, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-04045 Filed 2-21-13; 8:45 am]
BILLING CODE 4910-13-P