[Federal Register Volume 79, Number 162 (Thursday, August 21, 2014)]
[Rules and Regulations]
[Pages 49434-49439]
[FR Doc No: 2014-17549]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1065; Directorate Identifier 2011-NM-230-AD;
Amendment 39-17915; AD 2014--15-13]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2005-15-04 for
certain Bombardier, Inc. Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-
601), and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 Variants)
airplanes. AD 2005-15-04 required operators to assign serial numbers or
part numbers to certain landing gear parts; establish the number of
landings on the parts, if necessary; and revise the Airworthiness
Limitations Section (ALS) of the Instructions for Continued
Airworthiness (ICA) to reflect the new life limits of the landing gear
parts. This new AD adds airplanes to the applicability, requires
operators to assign serial numbers or part numbers to certain
additional landing gear parts to establish the number of landings on
the parts if necessary, and requires operators to record in all
required airplane technical records and manuals the new part numbers,
serial numbers, and landings assigned to these parts. This AD was
prompted by reports that landing gear parts that have safe-life limits
but do not have serial numbers or part numbers can be removed from one
landing gear and re-installed on another, making tracking difficult. We
are issuing this AD to prevent life-limited landing gear parts from
being used beyond their safe-life limits, which could lead to collapse
of the landing gear.

DATES: This AD becomes effective September 25, 2014.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 25,
2014.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of August
30, 2005 (70 FR 43032, July 26, 2005).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-1065; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
    For Bombardier, Inc./Canadair service information identified in
this AD, contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West,
Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-
855-7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. For Messier-Dowty service information identified in
this AD, contact Messier Services Americas, Customer Support Center,
45360 Severn Way, Sterling, VA 20166-8910; phone:<PHONE_NUMBER>; fax:
703-404-1621; Internet: https://techpubs.services/messier-dowty.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Andreas Rambalakos, Aerospace
Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New
York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2005-15-04, Amendment 39-14193 (70 FR 43032,
July 26, 2005). AD 2005-15-04 applied to certain Bombardier, Inc. Model
CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), and CL-600-2B16 (CL-601-3A,
CL-601-3R, and CL-604 Variants) airplanes. The NPRM published in the
Federal Register on December 30, 2013 (78 FR 79329). The NPRM was
prompted by reports that landing gear parts that have safe-life limits
but do not have serial numbers or part numbers can be removed from one
landing gear and re-installed on another, making tracking difficult.
The NPRM proposed to add airplanes to the applicability, require
operators to assign serial numbers or part numbers to certain
additional landing gear parts to establish the number of landings on
the parts if necessary, and requires operators to record in all
required airplane technical records and manuals the new part numbers,
serial numbers, and landings assigned to these parts. We are issuing
this AD to prevent life-limited landing gear parts from being used
beyond their safe-life limits, which could lead to collapse of the
landing gear.
    Transport Canada Civil Aviation (TCCA), which is the airworthiness
authority for Canada, has issued Canadian Airworthiness Directives CF-
2003-18R2, dated September 28, 2011; CF-2003-20R1, dated September 28,
2011; and CF-2003-21R2, dated September 28, 2011 (referred to after
this as the Mandatory Continuing Airworthiness Information, or ``the
MCAI''); to correct an unsafe condition for certain Bombardier, Inc.
Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), and CL-600-2B16 (CL-
601-3A, CL-601-3R, and CL-604 Variants) airplanes. The MCAI states:

    Certain landing gear parts that are listed in the aeroplane
model Airworthiness Limitations Section, as safe life items with
structural life limits, could be rotable and may not have been
serialized, making tracking difficult. This [Canadian airworthiness]
directive mandates that such parts be serialized. This [Canadian
airworthiness] directive also provides the procedure to determine
the number of landings for those parts where the service history
cannot be established.
* * * * *
    [T]his [Canadian Airworthiness] directive * * * mandate[s]
serialization of * * * additional landing gear parts.

This AD also adds airplanes to the applicability. The unsafe condition
is using life-limited landing gear parts beyond their safe-life limits,
which could lead to collapse of the landing gear. You may examine the
MCAI in the

AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-1065-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (78 FR 79329, December 30,
2013) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
    We have become aware that some operators have misunderstood or
misinterpreted the Airworthy Product paragraph to allow the owner/
operator to use messages provided by the manufacturer as approval of
deviations during the accomplishment of an AD-mandated action. The
Airworthy Product paragraph does not approve messages or other
information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this AD to obtain corrective actions from a
manufacturer, the actions must be accomplished using a method approved
by the FAA, Transport Canada Civil Aviation (TCCA), or Bombardier's
TCCA Design Approval Organization (DAO).
    The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DAO, the approval must include the DAO-authorized
signature. The DAO signature indicates that the data and information
contained in the document are TCCA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DAO-authorized signature approval are not TCCA-
approved, unless TCCA directly approves the manufacturer's message or
other information.
    This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
    We also have decided not to include a generic reference to either
the ``delegated agent'' or ``design approval holder (DAH) with State of
Design Authority design organization approval,'' but instead we have
provided the specific delegation approval granted by the State of
Design Authority for the DAH throughout this AD.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM (78 FR 79329, December 30, 2013) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 79329, December 30, 2013).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 419 airplanes of U.S. registry.
    The actions that were required by AD 2005-15-04, Amendment 39-14193
(70 FR 43032, July 26, 2005), that are retained in this AD take up to
13 work-hours per product, at an average labor rate of $85 per work
hour. Based on these figures, the estimated cost of the currently
required actions is up to $1,105 per product.
    We estimate that it would take about 9 work-hours per product to
comply with the new basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD on U.S. operators to be $320,535, or $765 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-1065; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2005-15-04, Amendment 39-14193 (70 FR 43032, July 26, 2005), and adding
the following new AD:

2014-15-13 Bombardier, Inc.: Amendment 39-17915. Docket No. FAA-
2013-1065; Directorate Identifier 2011-NM-230-AD.

(a) Effective Date

    This AD becomes effective September 25, 2014.

(b) Affected ADs

    This AD replaces AD 2005-15-04, Amendment 39-14193 (70 FR 43032,
July 26, 2005).

(c) Applicability

    This AD applies to Bombardier, Inc. airplanes, certificated in
any category, as identified in paragraphs (c)(1) through (c)(4) of
this AD.
    (1) Model CL-600-1A11 (CL-600) airplanes, serial numbers 1004
through 1085 inclusive.
    (2) Model CL-600-2A12 (CL-601) airplanes, serial numbers 3001
through 3066 inclusive;
    (3) Model CL-600-2B16 (CL-601-3A and CL-601-3R Variants)
airplanes, serial numbers 5001 through 5194 inclusive.
    (4) Model CL-600-2B16 (CL-604 Variant) airplanes, serial numbers
5301 through 5573 inclusive, 5579, and 5595.
    (5) This AD requires revisions to certain operator maintenance
documents to include new actions (e.g., inspections). Compliance
with these actions is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by this AD, the operator may not be able to
accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (r) of this AD. The request should include a
description of changes to the required actions that will ensure the
continued damage tolerance of the affected structure.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
Gear.

(e) Reason

    This AD was prompted by reports that landing gear parts that
have safe-life limits but do not have serial numbers (S/Ns) or part
numbers (P/Ns) can be removed from one landing gear and re-installed
on another, making tracking difficult. We are issuing this AD to
prevent life-limited landing gear parts from being used beyond their
safe-life limits, which could lead to collapse of the landing gear.

 (f) Compliance

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

(g) Retained Requirement To Add S/Ns or P/Ns

    This paragraph restates the actions required by paragraph (f) of
AD 2005-15-04, Amendment 39-14193 (70 FR 43032, July 26, 2005), with
revised affected airplanes. Except for Model CL-600-2B16 airplanes
having S/Ns 5514 through 5595 inclusive: At the applicable
compliance time specified in paragraph (g)(1), (g)(2), or (g)(3) of
this AD, add serial numbers and part numbers, as applicable, to the
parts identified in the applicable service bulletin specified in
paragraph (g)(1), (g)(2), or (g)(3) of this AD. Do all actions in
accordance with the applicable service bulletin specified in
paragraph (g)(1), (g)(2), or (g)(3) of this AD.
    (1) For parts identified in Bombardier Service Bulletin 600-
0710, Revision 01, dated December 15, 2003; and Bombardier Service
Bulletin 601-0546, Revision 01, dated December 15, 2003; as having a
compliance time of ``five years for the parts listed in Part A'':
Within 60 months after August 30, 2005 (the effective date of AD
2005-15-04, Amendment 39-14193 (70 FR 43032, July 26, 2005)).
    (2) For parts identified in Bombardier Service Bulletin 600-
0710, Revision 01, dated December 15, 2003; and Bombardier Service
Bulletin 601-0546, Revision 01, dated December 15, 2003; as having a
compliance time of ``ten years for the parts listed in Part B'':
Within 120 months after August 30, 2005 (the effective date of AD
2005-15-04, Amendment 39-14193 (70 FR 43032, July 26, 2005)).
    (3) For parts identified in Bombardier Service Bulletin 604-32-
014, dated May 31, 2002, as having a compliance time of ``no later
than a calendar time of 8 years'': Within 96 months after August 30,
2005 (the effective date of AD 2005-15-04, Amendment 39-14193 (70 FR
43032, July 26, 2005)).

    Note 1 to paragraph (g) of this AD:  The Bombardier service
bulletins identified in paragraphs (g)(1), (g)(2), and (g)(3) of
this AD refer to the Messier-Dowty service bulletins identified in
table 1 to paragraph (g) of this AD as additional sources of
guidance for adding part numbers or serial numbers by vibro-peening
the numbers on main landing gear (MLG) and nose landing gear (NLG)
components that do not have them; and for determining the number of
landings for parts without a part number or serial number on which
the time since new (TSN) and cycles since new (CSN) have not been
tracked.

                      Table 1 to Paragraph (g) of This AD--Messier-Dowty Service Bulletins
----------------------------------------------------------------------------------------------------------------
                                                                  Corresponding
              Model--                     Landing gear         bombardier service       Messier-Dowty service
                                           component--            bulletin(s)--               bulletin--
----------------------------------------------------------------------------------------------------------------
CL-600-1A11 (CL-600), CL-600-2A12    MLG side strut          600-0710 and 601-0546.  M-DT SB104467009/010-32-1,
 (CL-601) and CL-600-2B16 (CL-601-    retraction actuator                             dated March 19, 2001.
 3A and CL-601-3R) airplanes.         eye bolt.
CL-600-2B16 (CL-604) airplanes.....  MLG shock strut.......  604-32-014............  M-DT SB19090-32-4, dated
                                                                                March 19, 2001.
CL-600-2B16 (CL-604) airplanes.....  NLG shock strut.......  604-32-014............  M-DT SB20020-32-5, dated
                                                                                July 12, 2001.
CL-600-1A11 (CL-600), CL-600-2A12    NLG drag brace hinge    600-0710 and 601-0546.  M-DT SB200814001-32-3,
 (CL-601) and CL-600-2B16 (CL-601-    pin.                                            dated March 19, 2001.
 3A and CL-601-3R) airplanes.
CL-600-1A11 (CL-600) airplanes.....  MLG shock strut.......  600-0710..............  M-DT SB200922001/2-32-6,
                                                                                dated March 19, 2001.
CL-600-1A11 (CL-600) airplanes.....  NLG shock strut.......  600-0710..............  M-DT SB200924003/004-32-16,
                                                                                dated July 12, 2001.
CL-600-2A12 (CL-601) and CL-600-     MLG shock strut pin...  601-0546..............  M-DT SB6100-32-10, dated
 2B16 (CL-601-3A and CL-601-3R)                                                       March 19, 2001.
 airplanes.

CL-600-1A11 (CL-600), CL-600-2A12    MLG side strut          600-0710 and 601-0546.  M-DT SB6500-32-1, dated
 (CL-601) and CL-600-2B16 (CL-601-    retraction actuator.                            March 19, 2001.
 3A and CL-601-3R) airplanes.
CL-600-1A11 (CL-600), CL-600-2A12    NLG drag brace hinge    600-0710 and 601-0546.  M-DT SB7200-32-6, dated
 (CL-601) and CL-600-2B16 (CL-601-    pin.                                            March 19, 2001.
 3A and CL-601-3R) airplanes.
CL-600-2A12 (CL-601) and CL-600-     NLG shock strut.......  601-0546..............  M-DT SB7300-32-16, dated
 2B16 (CL-601-3A and CL-601-3R)                                                       July 12, 2001.
 airplanes.
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(h) Retained Requirement--Establishment of the Number of Landings

    This paragraph restates the actions required by paragraph (g) of
AD 2005-15-04, Amendment 39-14193 (70 FR 43032, July 26, 2005), with
revised affected airplanes. Except for Model CL-600-2B16 airplanes
having S/Ns 5314 through 5595 inclusive: At the applicable time
specified in paragraph (g) of this AD, if a component does not have
a serial number and the CSN or TSN were not tracked, use the formula
in the applicable Messier-Dowty service bulletin specified in table
1 to paragraph (g) of this AD to establish the TSN or CSN, and
record the newly calculated TSN or CSN in the airplane log books.

(i) Retained Requirement To Revise the Airworthiness Limitations
Section (ALS)

    This paragraph restates the revision required by paragraph (h)
of AD 2005-15-04, Amendment 39-14193 (70 FR 43032, July 26, 2005),
with revised affected airplanes. Except for Model CL-600-2B16
airplanes having S/Ns 5514 through 5595 inclusive: Within 30 days
after August 30, 2005 (the effective date of AD 2005-15-04), revise
the ALS of the applicable Instructions for Continued Airworthiness
to reflect the new life limits of the landing gear parts by
inserting copies of the Canadair temporary revisions (TR) specified
in table 2 to paragraph (i) of this AD into the ALS of the
applicable Canadair Time-Limits/Maintenance Check Manual. When the
contents of the TRs are included in the general revisions of the
ALS, these TRs may be removed provided the relevant information in
the ALS is identical to that in the TRs.

                        Table 2 to Paragraph (i) of This AD--Canadair Temporary Revisions
----------------------------------------------------------------------------------------------------------------
                                    Canadair temporary   Manual section--     Applicable canadair time-limits/
             Model--                    revision--                               maintenance check manual--
----------------------------------------------------------------------------------------------------------------
CL-600-1A11 (CL-600) airplanes...  5-116, dated April             5-10-10  PSP 605.
                                    11, 2002.
CL-600-2A12 (CL-601) and CL-600-   5-190, dated April             5-10-10  PSP 601-5.
 2B16 (CL-601-3A and CL-601-3R)     11, 2002.
 airplanes.
CL-600-2A12 (CL-601) and CL-600-   5-191, dated April             5-10-11  PSP 601-5.
 2B16 (CL-601-3A and CL-601-3R)     11, 2002.
 airplanes.
CL-600-2A12 (CL-601) and CL-600-   5-192, dated April             5-10-12  PSP 601-5.
 2B16 (CL-601-3A and CL-601-3R)     11, 2002.
 airplanes.
CL-600-2B16 (CL-604) airplanes...  5-2-6, dated April             5-10-10  CL-604.
                                    11, 2002.
CL-600-2A12 (CL-601) and CL-600-   5-204, dated April             5-10-10  PSP 601A-5.
 2B16 (CL-601-3A and CL-601-3R)     11, 2002.
 airplanes.
CL-600-2A12 (CL-601) and CL-600-   5-205, dated April             5-10-11  PSP 601A-5.
 2B16 (CL-601-3A and CL-601-3R)     11, 2002.
 airplanes.
CL-600-2A12 (CL-601) and CL-600-   5-206, dated April             5-10-12  PSP 601A-5.
 2B16 (CL-601-3A and CL-601-3R)     11, 2002.
 airplanes.
----------------------------------------------------------------------------------------------------------------

(j) Retained Parts Installation Limitation

    This paragraph restates the limitations specified in paragraph
(i) of AD 2005-15-04, Amendment 39-14193 (70 FR 43032, July 26,
2005), with revised affected airplanes. Except for Model CL-600-2B16
airplanes having serial numbers 5514 through 5595 inclusive: As of
August 30, 2005 (the effective date of AD 2005-15-04), no person may
install on any airplane a landing gear part, unless it has had the
applicable part number or serial number added in accordance with
paragraph (g) of this AD; and has had the number of landings
established in accordance with paragraph (h) of this AD.

(k) Retained Stipulation of Information of No Reporting

    This paragraph restates the stipulation specified in paragraph
(j) of AD 2005-15-04, Amendment 39-14193 (70 FR 43032, July 26,
2005). Although the service bulletins identified in paragraph (g) of
this AD specify that operators should submit incorporation notices
to Bombardier after each new part number or serial number and
landings assigned to these parts is added, this AD does not include
that action.

(l) New Requirement of this AD: Add Serial Numbers and Part Numbers

    (1) For Model CL-600-2B16 (CL-604 Variant) airplanes: Within 96
months after the effective date of this AD, add serial numbers and
part numbers, as applicable, to the parts identified in paragraphs
(l)(1)(i) and (l)(1)(ii) of this AD, as applicable, in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
604-32-014, Revision 02, dated May 9, 2011, including Appendix 1,
dated May 9, 2011, and Service Bulletin Information Sheet, dated
July 6, 2010.
    (i) For airplanes having S/Ns 5301 through 5513 inclusive: Main
fitting/drag stay pin of the NLG having P/N 200811721.
    (ii) For airplanes having S/Ns 5301 through 5573 inclusive,
5579, and 5595: NLG crossbeam pins having P/N 200814601 and NLG
center hinge pins having P/N 200814624.
    (2) For Bombardier Model CL-600-2A12 (CL-601) airplanes and
Model CL-600-2B16 (CL-601-3A and CL-601-3R Variants) airplanes:
Within 60 months after the effective date of this AD, add serial
numbers and part numbers, as applicable, to left and right MLG side
strut pins having P/N 6318-1 or 6318-3; and to left and right MLG
hinge pins having P/N 6329-3; in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 601-0546, Revision 03,
dated May 9, 2011, including Appendix 1, dated May 9, 2011, and
Service

Bulletin Information Sheet, dated July 6, 2010.
    (3) For Bombardier Model CL-600-2A12 (CL-601) airplanes and
Model CL-600-2B16 (CL-601-3A and CL-601-3R Variants) airplanes:
Within 120 months after the effective date of this AD, add serial
numbers and part numbers, as applicable, to NLG main fitting/drag
stay pins having P/N 200811721; NLG drag brace pivot pins having P/N
200814601; and left and right MLG pintle pins having P/N 6324-1; in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 601-0546, Revision 03, dated May 9, 2011, including
Appendix 1, dated May 9, 2011, and Service Bulletin Information
Sheet, dated July 6, 2010.
    (4) For Bombardier Model CL-600-1A11 (CL-600) airplanes: Within
120 months after the effective date of this AD, add serial numbers
and part numbers, as applicable, to NLG main fitting/drag stay pins
having P/N 200811721 and NLG drag brace pivot pins having P/N
200814601, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 600-0710, Revision 03, dated May 9,
2011, including Appendix 1, dated May 9, 2011, and Service Bulletin
Information Sheet, dated July 6, 2010.

(m) New Requirement of This AD: Establish the Number of Landings (CSN)

    At the applicable times specified in paragraph (l) of this AD:
If a component does not have a serial number and the CSN were not
tracked, use Appendix 1, dated May 9, 2011, of the applicable
service bulletin specified in paragraph (m)(1), (m)(2), or (m)(3) of
this AD to establish the number of landings (CSN).
    (1) Bombardier Service Bulletin 604-32-014, Revision 02, dated
May 9, 2011, including Service Bulletin Information Sheet, dated
July 6, 2010 (for Bombardier Model CL-600-2B16 (CL-604 Variant)
airplanes).
    (2) Bombardier Service Bulletin 601-0546, Revision 03, dated May
9, 2011, including Service Bulletin Information Sheet, dated July 6,
2010 (for Model CL-600-2A12 (CL-601) airplanes and Model CL-600-2B16
(CL-601-3A and CL-601-3R Variants) airplanes).
    (3) Bombardier Service Bulletin 600-0710, Revision 03, dated May
9, 2011, including Service Bulletin Information Sheet, dated July 6,
2010 (for Bombardier Model CL-600-1A11 (CL-600) airplanes).

(n) New Requirement of This AD: Records Update

    Concurrently with the actions specified in paragraphs (l) and
(m) of this AD: Record any newly calculated CSN, new part numbers,
and new serial numbers in the airplane technical records and
manuals.

(o) New Requirement of This AD: Parts Installation Limitation

    As of the effective date of this AD, no person may install on
any airplane a landing gear part identified in paragraph (l) of this
AD, unless it has had the applicable part number or serial number
added as required by paragraph (l) of this AD, and had the CSN
established as required by paragraph (m) of this AD.

(p) New Action of This AD: Optional Method of Compliance

    Accomplishing the action required by paragraph (g) of this AD,
in accordance with the Accomplishment Instructions of the applicable
service bulletin specified in paragraph (p)(1), (p)(2), or (p)(3) of
this AD, is acceptable for compliance with the requirements of
paragraph (g) of this AD.
    (1) Bombardier Service Bulletin 601-0546, Revision 03, dated May
9, 2011, including Appendix 1, dated May 9, 2011, and Service
Bulletin Information Sheet, dated July 6, 2010 (for Model CL-600-
2A12 (CL-601) airplanes and Model CL-600-2B16 (CL-601-3A and CL-601-
3R Variants) airplanes).
    (2) Bombardier Service Bulletin 604-32-014, Revision 02, dated
May 9, 2011, including Appendix 1, dated May 9, 2011, and Service
Bulletin Information Sheet, dated July 6, 2010 (for Model CL-600-
2B16 (CL-604 Variant) airplanes).
    (3) Bombardier Service Bulletin 600-0710, Revision 03, dated May
9, 2011, including Appendix 1, dated May 9, 2011, and Service
Bulletin Information Sheet, dated July 6, 2010 (for Model CL-600-
1A11 (CL-600) airplanes).

(q) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before
August 30, 2005 (the effective date of AD 2005-15-04, Amendment 39-
14193 (70 FR 43032, July 26, 2005)), using the applicable service
bulletin specified in paragraph (q)(1)(i), (q)(1)(ii), or
(q)(1)(iii) of this AD, which are not incorporated by reference in
this AD.
    (i) Bombardier Service Bulletin 601-0546, dated May 31, 2002
(for Model CL-600-2A12 (CL-601) airplanes and Model CL-600-2B16 (CL-
601-3A and CL-601-3R Variants) airplanes).
    (ii) Bombardier Service Bulletin 600-0710, dated May 31, 2002
(for ModelCL-600-1A11 (CL-600) airplanes).
    (iii) Bombardier Service Bulletin 604-32-014, dated May 31, 2002
(for Model CL-600-2B16 (CL-604 Variant) airplanes).
    (2) This paragraph provides credit for the addition of serial
numbers and part numbers required by paragraph (l) of this AD, if
those actions were performed before the effective date of this AD
using the applicable service bulletin specified in paragraph
(q)(2)(i), (q)(2)(ii), or (q)(2)(iii) of this AD, which are not
incorporated by reference in this AD.
    (i) Bombardier Service Bulletin 604-32-014, Revision 01, dated
October 29, 2007 (for Bombardier Model CL-600-2B16 (CL-604 Variant)
airplanes).
    (ii) Bombardier Service Bulletin 601-0546, Revision 02, dated
October 29, 2007 (for Model CL-600-2A12 (CL-601) airplanes and Model
CL-600-2B16 (CL-601-3A and CL-601-3R Variants) airplanes).
    (iii) Bombardier Service Bulletin 600-0710, Revision 02, dated
October 29, 2007 (for Bombardier Model CL-600-1A11 (CL-600)
airplanes).
    (3) This paragraph provides credit for the establishment of the
CSN required by paragraph (m) of this AD, if those actions were
performed before the effective date of this AD using the applicable
service bulletin information sheet specified in paragraph (q)(3)(i),
(q)(3)(ii), or (q)(3)(iii) of this AD.
    (i) Service Bulletin Information Sheet, dated July 6, 2010, of
Bombardier Service Bulletin 604-32-014, Revision 01, dated October
29, 2007 (for Bombardier Model CL-600-2B16 (CL-604 Variant)
airplanes).
    (ii) Service Bulletin Information Sheet, dated July 6, 2010, of
Bombardier Service Bulletin 601-0546, Revision 02, dated October 29,
2007 (for Bombardier Model CL-600-2A12 (CL-601) and Model CL-600-
2B16 (CL-601-3A and CL-601-3R Variants) airplanes).
    (iii) Service Bulletin Information Sheet, dated July 6, 2010, of
Bombardier Service Bulletin 600-0710, Revision 02, dated October 29,
2007 (for Bombardier Model CL-600-1A11 (CL-600) airplanes).

(r) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
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. AMOCs approved previously in accordance with AD 2005-15-04,
Amendment 39-14193 (70 FR 43032, July 26, 2005), are approved as
AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO,
ANE-170, Engine and Propeller Directorate, FAA; or Transport Canada
Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval
Organization (DAO). If approved by the DAO, the approval must
include the DAO-authorized signature.

(s) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directives specified in paragraphs
(s)(1)(i), (s)(1)(ii), and (s)(1)(iii) of this AD for related
information. You may examine the MCAI in the AD docket on the
Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-
1065-0002.
    (i) Canadian Airworthiness Directive CF-2003-18R2, dated
September 28, 2011.
    (ii) Canadian Airworthiness Directive CF-2003-20R1, dated
September 28, 2011.
    (iii) Canadian Airworthiness Directive CF-2003-21R2, dated
September 28, 2011.

    (2) Service information identified in this AD that is not
incorporated by reference in this AD may be obtained at the
addresses specified in paragraphs (t)(5) and (t)(6) of this AD.

(t) 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 this AD specifies otherwise.
    (3) The following service information was approved for IBR on
September 25, 2014.
    (i) Bombardier Service Bulletin 600-0710, Revision 03, dated May
9, 2011, including Appendix 1, dated May 9, 2011, and Service
Bulletin Information Sheet, dated July 6, 2010.
    (ii) Bombardier Service Bulletin 601-0546, Revision 03, dated
May 9, 2011, including Appendix 1, dated May 9, 2011, and Service
Bulletin Information Sheet, dated July 6, 2010.
    (iii) Bombardier Service Bulletin 604-32-014, Revision 02, dated
May 9, 2011, including Appendix 1, dated May 9, 2011, and Service
Bulletin Information Sheet, dated July 6, 2010.
    (4) The following service information was approved for IBR on
August 30, 2005 (70 FR 43032, July 26, 2005).
    (i) Bombardier Service Bulletin 600-0710, Revision 01, dated
December 15, 2003.
    (ii) Bombardier Service Bulletin 601-0546, Revision 01, dated
December 15, 2003.
    (iii) Bombardier Service Bulletin 604-32-014, dated May 31,
2002.
    (iv) Canadair Temporary Revision 5-116, dated April 11, 2002.
    (v) Canadair Temporary Revision 5-190, dated April 11, 2002.
    (vi) Canadair Temporary Revision 5-191, dated April 11, 2002.
    (vii) Canadair Temporary Revision 5-192, dated April 11, 2002.
    (viii) Canadair Temporary Revision 5-2-6, dated April 11, 2002.
    (ix) Canadair Temporary Revision 5-204, dated April 11, 2002.
    (x) Canadair Temporary Revision 5-205, dated April 11, 2002.
    (xi) Canadair Temporary Revision 5-206, dated April 11, 2002.
    (xii) Messier-Dowty Service Bulletin M-DT SB104467009/010-32-1,
dated March 19, 2001.
    (xiii) Messier-Dowty Service Bulletin M-DT SB19090-32-4, dated
March 19, 2001.
    (xiv) Messier-Dowty Service Bulletin M-DT SB20020-32-5, dated
July 12, 2001.
    (xv) Messier-Dowty Service Bulletin M-DT SB200814001-32-3, dated
March 19, 2001.
    (xvi) Messier-Dowty Service Bulletin M-DT SB200922001/2-32-6,
dated March 19, 2001.
    (xvii) Messier-Dowty Service Bulletin M-DT SB200924003/004-32-
16, dated July 12, 2001.
    (xviii) Messier-Dowty Service Bulletin M-DT SB6100-32-10, dated
March 19, 2001.
    (xix) Messier-Dowty Service Bulletin M-DT SB6500-32-1, dated
March 19, 2001.
    (xx) Messier-Dowty Service Bulletin M-DT SB7200-32-6, dated
March 19, 2001.
    (xxi) Messier-Dowty Service Bulletin M-DT SB7300-32-16, dated
July 12, 2001.
    (5) For Bombardier, Inc./Canadair service information identified
in this AD, contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road
West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. For Messier-Dowty service information
identified in this AD, contact Messier Services Americas, Customer
Support Center, 45360 Severn Way, Sterling, VA 20166-8910.
    (6) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 17, 2014.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-17549 Filed 8-20-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 183 (Thursday, September 20, 2012)]
[Notices]
[Pages 58431-58432]
[FR Doc No: 2012-23179]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67861; File No. SR-CBOE-2012-088]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the CBOE Stock Exchange Fees Schedule

September 14, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 7, 2012, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the CBOE Stock Exchange (``CBSX'')
Fees Schedule. The text of the proposed rule change is available on the
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission.

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

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

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

1. Purpose
    CBSX proposes to amend its Fees Schedule. Starting on September 10,
2012, CBSX will begin to implement the functionality that will allow
CBSX Traders to send silent orders, silent-mid orders, silent-post-mid
orders, and silent-mid-seeker orders to CBSX.\3\ Pursuant to such
implementation, CBSX proposes to adopt Maker and Taker fees for
transactions in securities priced $1 or greater relating to these new
order types. For transactions in securities priced less than $1, these
new order types will be subject to the same Maker and Taker fees ($0.00
fee for Makers, 0.30% of the dollar value of the transaction fee for
Takers) that apply to most other orders.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 67548 (July 31,
2012) 77 FR 46783 (August 6, 2012) (SR-CBOE-2012-049).
---------------------------------------------------------------------------

    The Maker fee for adding liquidity using a silent order will be
$0.0018 per share, same as the regular Maker rate (though not subject
to the reduced fee tiers for adding increasing amounts of liquidity in
one day). The Taker rebate for removing silent order liquidity will be
$0.0014 per share. The Maker fee for adding liquidity using a silent-
mid or silent-post-mid order will be $0.0008 per share. The Taker
rebate for removing silent-mid or silent-post-mid liquidity will be
$0.0004 per share. The purpose of the new Maker fees is to incentivize
passive liquidity provision using the silent, silent-mid, and silent-
post-mid order types. The purpose of the new Taker rebates is to
incentivize routing to the Exchange for the purpose of removing
liquidity. The fees proposed for adding and rebates for removing
liquidity are both intended to compliment the existing maker-taker fee
structure and to improve realized prices and price discovery on the
Exchange by efficiently and predictably allocating the economics
specifically for each form of liquidity provision, and to incentivize
participants to route orders to the Exchange in the first instance.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\4\ Specifically, the Exchange believes the proposed rule change is
consistent with Section 6(b)(4) of the Act,\5\ which provides that
Exchange rules may provide for the equitable allocation of reasonable
dues, fees, and other charges among its Trading Permit Holders and
other persons using its facilities. The amount of the proposed Maker
fee for silent orders is reasonable because it is the same amount as
the regular Maker fee. Not applying the reduced fee tiers for adding
increasing amounts of liquidity in one day to silent Maker orders is
equitable and not unfairly discriminatory because these silent orders
are not displayed [sic] do not improve the Exchange's displayed prices.
Further, the Maker fee for silent orders will apply to all market
participants trading silent orders.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The amount of the proposed Taker rebate for removing silent order
liquidity is reasonable because it will allow market participants
removing silent order liquidity to receive a rebate (and not pay a fee)
for doing so. The proposed Taker rebate is equitable and not unfairly
discriminatory because such undisplayed orders do not transparently
improve the prices available within the market, while displayed orders
do. As such, the pricing is designed to promote the use of and
interaction with displayed liquidity more than undisplayed liquidity.
Further, the Taker rebate for silent orders will apply to all market
participants trading silent orders.
    The amount of the proposed Maker fee for adding liquidity using a
silent-mid or silent-post-mid order is reasonable because it is lower
than the amount of the fee for other Maker orders. This is equitable
and not unfairly discriminatory because the liquidity is priced at the
midpoint of the NBBO, and therefore the fee will be less. This offers
the remover of liquidity significant price improvement. Further, the
Maker [sic] proposed Maker fee for adding liquidity using a silent-mid
or silent-post-mid order will apply to all market participants adding
liquidity using a silent-mid or silent-post-mid order.
    The amount of the proposed Taker rebate for removing silent-mid or
silent-post-mid liquidity is reasonable because it will allow market
participants removing silent order liquidity to receive a rebate (and
not pay a fee) for doing so. The proposed Taker rebate for removing
silent-mid or silent-post-mid liquidity is equitable and not unfairly
discriminatory because the trade will result in an improved price over
the

displayed market (as the trade occurs at the midpoint of the NBBO).
Further, the Taker removing silent-mid or silent-post-mid liquidity
will apply to all market participants removing silent-mid or silent-
post-mid liquidity.
    Assessing different fees for orders priced $1 or greater than for
such orders priced less than $1 is equitable and not unfairly
discriminatory because since orders priced less than $1 can be entered
in sub-penny increments (four-decimal increments), the Exchange
believes that employing Maker-Taker pricing similar to that employed
for orders priced $1 or greater would not be effective given a market
participant's ability to more-transparently and finitely establish
prices in the book. Further, CBSX already assesses different fees for
other orders priced $1 or greater than for the same orders priced less
than $1.\6\
---------------------------------------------------------------------------

    \6\ See CBSX Fees Schedule, Section 2.
---------------------------------------------------------------------------

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

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

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) \7\ of the Act and paragraph (f) of Rule 19b-4 \8\
thereunder. 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-CBOE-2012-088 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-CBOE-2012-088. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2012-088 and should be
submitted on or before October 11, 2012.

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

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-23179 Filed 9-19-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Rules and Regulations]
[Pages 18981-18983]
[FR Doc No: 2017-08243]

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

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0054; Airspace Docket No. 17-ANM-2]

Amendment of Class D and Class E Airspace; Aspen, CO; and Pueblo,
CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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SUMMARY: This action amends the legal description of the Class E
airspace designated as an extension, at Aspen Pitkin County/Sardy
Field, Aspen, CO, and Pueblo Memorial Airport, Pueblo, CO, eliminating
the Notice to Airmen (NOTAM) part-time status. This action also updates
the geographic coordinates of these airports in the associated Class D
and E airspace areas to match the FAA's current aeronautical database.
This action does not affect the charted boundaries or operating
requirements of the airspace.

DATES: Effective 0901 UTC, June 22, 2017. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC, 20591; telephone: 202-267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to
http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it removes NOTAM information in Class D extension airspace and
amends the airport's geographic coordinates in associated Class D and
Class E airspace for the above noted airports in Aspen, CO, and Pueblo,
CO.

History

    The FAA Aeronautical Information Services branch found the Class E
airspace designated as an extension for Aspen Pitkin County/Sardy
Field, Aspen, CO, and Pueblo Memorial Airport, Pueblo, CO, as published
in FAA Order 7400.11A, Airspace Designations and Reporting Points, does
not require part-time status. Also, after a review, the FAA found the
geographic coordinates referenced in the airspace legal descriptions
under Class D and Class E airspace areas for Aspen Pitkin County/Sardy
Field, Aspen, CO, and Pueblo Memorial Airport, Pueblo, CO do not match
the FAA's current aeronautical database. This rulemaking makes these
updates.
    Class D and Class E airspace designations are published in
paragraph 5000, 6002, 6004, and 6005, respectively, of FAA Order
7400.11A dated August 3, 2016, and effective September 15, 2016, which
is incorporated by reference in 14 CFR part 71.1. The Class D and Class
E airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016, and effective September 15,
2016. FAA Order 7400.11A is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11A lists Class A,
B, C, D, and E airspace areas,

air traffic service routes, and reporting points.

The Rule

    This action amends Title 14, Code of Federal Regulations (14 CFR)
part 71 by eliminating the following NOTAM information from the
regulatory text of Class E airspace designated as an extension to Class
D, at Aspen Pitkin County/Sardy Field, Aspen, CO, and Pueblo Memorial
Airport, Pueblo, CO: ``This Class E airspace is effective during the
specific dates and times established in advance by a Notice to Airmen.
The effective date and time will thereafter be continuously published
in the Airport/Facility Directory.'' Also, this action updates the
geographic coordinates of these airports in the associated Class D and
Class E airspace areas to match the FAA's current aeronautical
database.
    An editorial change is made in the airspace description for Class D
airspace and Class E surface area airspace, replacing Airport/Facility
Directory with the current term Chart Supplement.
    This is an administrative change and does not affect the
boundaries, altitudes, or operating requirements of the airspace,
therefore, notice and public procedure under 5 U.S.C. 553(b) is
unnecessary.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (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); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016,
effective September 15, 2016, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ANM CO D Aspen, CO [Modified]

Aspen-Pitkin County/Sardy Field, CO
    (Lat. 39[deg]13'19'' N., long. 106[deg]52'06'' W.)

    That airspace extending upward from the surface to and including
10,300 feet MSL within a 4.3-mile radius of Aspen-Pitkin County/
Sardy Field. This Class D airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.
* * * * *

ANM CO D Pueblo, CO [Modified]

Pueblo Memorial Airport, CO
    (Lat. 38[deg]17'24'' N., long. 104[deg]29'53'' W.)

    That airspace extending upward from the surface to and including
7,200 feet MSL within a 5.6-mile radius of Pueblo Memorial Airport.
This Class D airspace area is effective during the specific dates
and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ANM CO E2 Aspen, CO [Modified]

Aspen-Pitkin County/Sardy Field, CO
    (Lat. 39[deg]13'19'' N., long. 106[deg]52'06'' W.)

    Within a 4.3-mile radius of Aspen-Pitkin County/Sardy Field.
This Class E airspace is effective during specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Chart
Supplement.
* * * * *

ANM CO E2 Pueblo, CO [Modified]

Pueblo Memorial Airport, CO
    (Lat. 38[deg]17'24'' N., long. 104[deg]29'53'' W.)

    Within a 5.6-mile radius of Pueblo Memorial Airport. This Class
E airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Chart
Supplement.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.

* * * * *

ANM CO E4 Aspen, CO [Modified]

Aspen-Pitkin County/Sardy Field, CO
    (Lat. 39[deg]13'19'' N., long. 106[deg]52'06'' W.)

    That airspace extending upward from the surface within 2.7 miles
each side of the 316[deg] bearing from Aspen-Pitkin County/Sardy
Field extending from the 4.3-mile radius of the airport to 7.4 miles
northwest of the airport.
* * * * *

ANM CO E4 Pueblo, CO [Modified]

Pueblo Memorial Airport, CO
    (Lat. 38[deg]17'24'' N., long. 104[deg]29'53'' W.)

    That airspace extending upward from the surface within 1.8 miles
each side of the Pueblo Memorial Airport 269[deg] bearing extending
from the 5.6-mile radius of the airport to 7 miles west of the
airport, and within 3.5 miles each side of the Pueblo Memorial
Airport 080[deg] bearing extending from the 5.6-mile radius of the
airport to 11.4 miles east of the airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANM CO E5 Aspen, CO [Modified]

Aspen-Pitkin County/Sardy Field, CO
    (Lat. 39[deg]13'19'' N., long. 106[deg]52'06'' W.)

    That airspace extending upward from 700 feet above the surface
beginning at lat. 39[deg]04'00'' N., long. 106[deg]40'02'' W.; to
lat. 39[deg]04'00'' N., long. 107[deg]44'02'' W.; to lat.
39[deg]39'00'' N., long. 107[deg]44'02'' W.; to lat. 39[deg]39'00''
N., long. 106[deg]40'02'' W., to the point of beginning; that
airspace extending upward from 1,200 feet above the surface
beginning at lat. 40[deg]50'00'' N., long. 108[deg]00'02'' W.; to
lat. 40[deg]50'00'' N., long. 107[deg]30'02'' W.; to lat.
40[deg]32'00'' N., long. 106[deg]00'02'' W.; to lat. 39[deg]19'00''
N., long. 106[deg]00'02'' W.; to lat. 39[deg]19'00'' N., long.
106[deg]30'02'' W.; to lat. 39[deg]00'00'' N., long. 106[deg]30'02''
W.; to lat. 39[deg]00'00'' N., long. 108[deg]11'02'' W.; to lat.
39[deg]30'00'' N., long. 108[deg]50'02'' W.; to lat. 40[deg]25'30''
N., long. 108[deg]54'32'' W.; to lat. 40[deg]28'00'' N., long.
108[deg]12'17'' W., to point of beginning, excluding Federal
airways.
* * * * *

ANM CO E5 Pueblo, CO [Modified]

Pueblo Memorial Airport, CO
    (Lat. 38[deg]17'24'' N., long. 104[deg]29'53'' W.)

    That airspace extending upward from 700 feet above the surface
within a 21.8-mile radius of Pueblo Memorial Airport, and within a
28.8-mile radius of Pueblo Memorial Airport clockwise between the
070[deg] and 133[deg] bearing of the airport; that airspace
extending upward from 1,200 feet above the surface within a 60-mile
radius of Pueblo Memorial Airport.

    Issued in Seattle, Washington, on April 18, 2017.
Sam S.L. Shrimpton,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2017-08243 Filed 4-24-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Rules and Regulations]
[Pages 48930-48932]
[FR Doc No: 2018-20931]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0491; Product Identifier 2017-NM-158-AD; Amendment
39-19432; AD 2018-19-31]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus SAS Model A310 series airplanes. This AD was prompted by a
determination that new or more restrictive maintenance requirements and
airworthiness limitations are necessary. This AD requires revising the
maintenance or inspection program, as applicable, to incorporate new or
more restrictive maintenance requirements and airworthiness
limitations. We are issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective November 2, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 2,
2018.

ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAW, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; phone: +33 5 61 93 36 96;
fax: +33 5 61 93 44 51; email: [email protected];
internet: http://www.airbus.com. You may view this service information
at the FAA, Transport Standards Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0491.

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-
0491; 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: Dan Rodina, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>.

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 all Airbus SAS Model A310
series airplanes. The NPRM published in the Federal Register on June 1,
2018 (83 FR 25412). The NPRM was prompted by a determination that new
or more restrictive maintenance requirements and airworthiness
limitations are necessary. The NPRM proposed to require revising the
maintenance or inspection program, as applicable, to incorporate new or
more restrictive maintenance requirements and airworthiness
limitations.
    We are issuing this AD to address prevent fatigue cracking, damage,
or corrosion in principal structural elements, which could result in
reduced structural integrity of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2017-0206, dated October 12, 2017 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus Model A310 series airplanes.
The MCAI states:

    The airworthiness limitations for the Airbus A310 aeroplanes,
which are approved by EASA, are currently defined and published in
the Airbus A310 Airworthiness Limitations Section (ALS) documents.
The Damage Tolerant Airworthiness Limitation Items are specified in
the A310 ALS Part 2. These instructions have been identified as
mandatory for continuing airworthiness.
    Failure to accomplish these instructions could result in an
unsafe condition.
    EASA previously issued AD 2016-0217 [which corresponds to FAA AD
2017-21-08, Amendment 39-19079 (82 FR 48904, October 23, 2017) (``AD
2017-21-08'')] to require compliance with the maintenance
requirements and associated airworthiness limitations defined in
Airbus A310 ALS Part 2 Revision 01, Variation 1.1 and Variation 1.2.
    Since that [EASA] AD was issued, new or more restrictive
maintenance requirements and associated airworthiness limitations

were approved by the EASA. Consequently, Airbus published Revision
02 of the A310 ALS Part 2, compiling all ALS Part 2 changes approved
since previous Revision 01.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2016-0217, which is superseded, and requires
accomplishment of the actions specified in Airbus A310 ALS Part 2
Revision 02.

    The unsafe condition is fatigue cracking, damage, or corrosion in
principal structural elements, which could result in reduced structural
integrity of the airplane. You may examine the MCAI in the AD docket on
the internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2018-0491.

Comments

    We gave the public the opportunity to participate in developing
this final rule. We received no comments on the NPRM or on the
determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this final rule as proposed,
except for minor editorial changes. We have determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus SAS has issued A310 Airworthiness Limitations Section (ALS),
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT-ALI),''
Revision 02, dated August 28, 2017. This service information describes
airworthiness limitations applicable to the DT-ALIs. 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 6 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:
    We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although we
recognize that this number may vary from operator to operator. In the
past, we have estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, we estimate the total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).

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 the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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):

2018-19-31 Airbus SAS: Amendment 39-19432; Docket No. FAA-2018-0491;
Product Identifier 2017-NM-158-AD.

(a) Effective Date

    This AD is effective November 2, 2018.

(b) Affected ADs

    This AD affects AD 2017-21-08, Amendment 39-19079 (82 FR 48904,
October 23, 2017) (``AD 2017-21-08'').

(c) Applicability

    This AD applies to Airbus SAS Model A310-203, -204, -221, -222,
-304, -322, -324, and -325 airplanes, certificated in any category,
all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time limits/
maintenance checks.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive maintenance requirements and airworthiness limitations
are necessary. We are issuing this AD to prevent fatigue cracking,
damage, or corrosion in principal structural elements, which could
result in reduced structural integrity of the airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
information specified in Airbus A310 Airworthiness Limitations
Section (ALS), Part 2, ``Damage Tolerant Airworthiness

Limitation Items (DT-ALI),'' Revision 02, dated August 28, 2017. The
initial compliance time for doing the tasks is at the time specified
in Airbus A310 Airworthiness Limitations Section (ALS), Part 2,
``Damage Tolerant Airworthiness Limitation Items (DT-ALI),''
Revision 02, dated August 28, 2017, or within 90 days after the
effective date of this AD, whichever occurs later.

(h) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (g) of this AD, no alternative actions (e.g.,
inspections) or intervals may be used unless the actions or
intervals are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (j)(1) of
this AD.

(i) Terminating Action for AD 2017-21-08

    Accomplishing the actions required by this AD terminates all
requirements of AD 2017-21-08.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus's EASA Design Organization Approval
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2017-0206, dated October 12, 2017, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0491.
    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and
fax:<PHONE_NUMBER>.

(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 do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus A310 Airworthiness Limitations Section (ALS), Part 2,
``Damage Tolerant Airworthiness Limitation Items (DT-ALI),''
Revision 02, dated August 28, 2017.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; phone: +33 5 61 93 36 96; fax:
+33 5 61 93 44 51; email: [email protected]; internet:
http://www.airbus.com.
    (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 September 17, 2018.
John P. Piccola,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-20931 Filed 9-27-18; 8:45 am]
 BILLING CODE 4910-13-P


EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER

EPA Registration Division contact: Nancy Fitz, Minor Uses Coordinator<PHONE_NUMBER>

I.   Interregional Research Project No.4 (IR-4)

Pesticide Petition Number: 9E8755

EPA has received a pesticide petition (PP No. 9E8755) from Interregional Research Project No.4 (IR-4), Rutgers, The State University of New Jersey, 500 College Road East, Suite 201W, Princeton, NJ 08540, proposing pursuant to section 408 (d) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 346a (d), to amend 40 CFR part 180 to establish tolerances for residues of oxathiapiprolin, 1-[4-[4-[5-(2,6-difluorophenyl)-4,5-dihydro-3-isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2-[5-methyl-3-(trifluoromethyl)-1H-pyrazol-1-yl]-ethanone, in or on the following commodities: Berry, low growing, subgroup 13-07G, except cranberry at 0.4 parts per million (ppm); Tropical and subtropical, medium to large fruit, smooth, inedible peel, subgroup 24B at 0.1 ppm; Hop, dried cones at 5 ppm; individual crops of proposed crop subgroup 6-18B: Edible podded pea legume vegetable subgroup including: Dwarf pea, edible podded at 1 ppm; Edible podded pea at 1 ppm; Green pea, edible podded at 1 ppm; Snap pea, edible podded at 1 ppm; Snow pea, edible podded at 1 ppm; Sugar snap pea, edible podded at 1 ppm; Grass-pea, edible podded at 1 ppm; Lentil, edible podded at 1 ppm; Pigeon pea, edible podded at 1 ppm; Chickpea, edible podded at 1 ppm; and individual crops of proposed crop subgroup 6-18D: Succulent shelled pea subgroup including: Chickpea, succulent shelled at 0.05 ppm; English pea, succulent shelled at 0.05 ppm; Garden pea, succulent shelled at 0.05 ppm; Green pea, succulent shelled at 0.05 ppm; Pigeon pea, succulent shelled at 0.05 ppm; Lentil, succulent shelled at 0.05 ppm.

Remove established tolerances for residues of oxathiapiprolin, 1-[4-[4-[5-(2,6-difluorophenyl)-4,5-dihydro-3-isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2-[5-methyl-3-(trifluoromethyl)-1H-pyrazol-1-yl]-ethanone, in or on the following commodities: Pea, edible-podded at 1.0 ppm and Pea, succulent shelled at 0.05 ppm.

EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d) (2) of the FFDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

1. Plant metabolism.  The metabolism of oxathiapiprolin is adequately understood to support the proposed tolerances. Studies in grape, lettuce and potato when treated at proposed label rates showed no significant metabolites.  The metabolism of oxathiapiprolin in plants was similar regardless of the crop or the treatment regime.  Oxathiapiprolin was the principal residue in most crop fractions at various sampling points up to crop maturity.  The overall metabolism of oxathiapiprolin in rotated crops (cereals, root vegetables, leafy vegetables) was consistent with metabolism seen in the primary crops.

2. Livestock Metabolism. The metabolism of oxathiapiprolin in ruminants and poultry is adequately understood to support the proposed tolerances.  Lactating goat and monogastric hen metabolism studies were conducted. The metabolism of oxathiapiprolin in the rat was, in general, consistent with that of the lactating goat (ruminant) and monogastric hen.

3. Analytical method.  Adequate analytical methodology, high-pressure liquid chromatography with MS/MS detection, is available for enforcement purposes.

4. Magnitude of residues. IR-4 have submitted field trial data for oxathiapiprolin on avocado, hops, pomegranates, and strawberries.  The number and locations of the field trials are in accordance with OPPTS Guideline 860.1500.  Field trials were carried out using the maximum number of applications and minimum pre-harvest interval (PHI) for all the crops.
The results of these field trials substantiate oxathiapiprolin as the major residue at harvest in all crop commodities.  Livestock feeding studies were not conducted.

B. Toxicological Profile

1. Acute toxicity. Based on EPA criteria, technical oxathiapiprolin is classified as acute toxicology category IV based on overall results from several studies. This compound is considered acute toxicology category IV for acute oral, dermal and inhalation toxicity and eye and skin irritation. Technical oxathiapiprolin is not a dermal sensitizer.

No evidence of neurotoxicity was observed in an acute study conducted with oxathiapiprolin in rats. The no-observed-effect level (NOEL) and no-observed-adverse-effect-level (NOAEL) in an acute neurotoxicity study were 2000 mg oxathiapiprolin/kg bw, which was the highest dose administered in the study.

2. Genotoxicty. Oxathiapiprolin was evaluated in a battery of in vitro and in vivo genetic toxicology studies.  Negative results were obtained in all studies indicating that oxathiapiprolin does not cause genetic damage and, therefore, does not pose a mutagenic hazard.

3. Reproductive and developmental toxicity. No effects on fertility were observed in one- and two-generation reproduction studies in rats.  No effects on development were observed in developmental toxicity studies in rats and rabbits. Slight delays in maturation were observed in male rats in the reproduction studies, with a NOAEL of 104 mg/kg bw/day.  At much higher doses, decreases in offspring body weight were also observed.

4. Subchronic toxicity. Short-term oral feeding studies with oxathiapiprolin were conducted in rats, mice and dogs with durations of up to 90 days.  In addition, two other studies were performed in rats: a 14-day oral gavage study (conducted as a part of early discovery) and a 28-day dermal study. No adverse effects were observed in any of these studies. In all cases, the NOAELs were greater than or equal to 1000 mg/kg bw/day. Non-adverse findings observed in these studies were limited to changes in organ weights, clinical chemistry parameters and liver cytochrome P450 isozymes.

Oxathiapiprolin showed no evidence of immunotoxicity in a 28-day feeding study in mice.  Additionally, no indications of a potential for oxathiapiprolin to affect the immune system were noted in the repeated dose toxicity studies with rats, mice or dogs. Based on this, oxathiapiprolin does not appear to pose an immunotoxic hazard.

Neurotoxicity endpoints were included in the subchronic (90-day feeding) study that tested up to intake levels of >1000 mg/kg bw/day in male and female rats. No evidence of neurotoxicity was observed.  No treatment-related clinical signs indicative of potential neurotoxicity were observed in repeated dose studies in mice or dogs.

5. Chronic toxicity. Based on the results of chronic feeding studies in rats and mice, oxathiapiprolin was not carcinogenic in either species.  No indications of chronic toxicity were observed in either study.  A one-year toxicity study was also conducted in dogs, with no toxicologically relevant findings.  Possible test substance-related changes in organ weights and clinical chemistry parameters were observed.

6. Animal metabolism. [[14]C] Oxathiapiprolin was investigated in rats after single low and high dose administration, and after multiple treatments at low doses.  At the low dose (10 mg/kg bw) absorption was 31-49% and declined to 5.4-7.7% at the high dose (200 mg/kg bw).  Peak plasma concentrations occurred at 0.25-9.5 hours.  Plasma [14]C residue concentrations showed steady-state kinetics in male and female rats after multiple low dose administrations (10 mg/kg bw for 14 days).
Maximum tissue concentrations at Tmax occurred in the liver.  Clearance was rapid for liver and other tissues by 168 hours after dosing.  All tissues at 168 hours, including the carcass, collectively retained <0.05% of the dose.  The pattern of distribution was similar between sexes and single and multiple dose administration.  The low percentage and concentration values in tissues indicate very low potential for accumulation.
Plasma terminal elimination half-lives ranged from 40-51 hours following single or multiple low-dose administration.  Excretion in urine and faeces was >95% complete by 48 hours after single dosing.  The pattern of excretion was similar after multiple dosing.  Faecal excretion was the primary route of elimination (90%).  Recovery in urine was much lower (2.5%).  Essentially no excretion occurred by exhalation.
Oxathiapiprolin metabolism pathways mainly involved hydroxylation at various ring carbons and ring opening.  Pyrazole-piperidine bridge cleavage followed by further oxidation resulted in pyrazole metabolites.
7. Metabolite toxicology. Oxathiapiprolin is considered to be the only molecule of toxicological relevance.  Toxicology studies conducted with metabolites support this conclusion.

8. Endocrine disruption. No relevant effects were observed on any endocrine tissue in short- and long-term studies in rats, mice and dogs to suggest an adverse impact on estrogen or androgen pathways or on steroid biosynthesis.  The reproduction studies in rats provided sufficient information to fully interpret the effects of oxathiapiprolin on reproduction. No observations in that study suggested an adverse effect on estrogen. Additionally, investigational studies were conducted that suggest no adverse effects on estrogen. The slight delay in maturation observed in male rats in the reproduction studies may be exacerbated by weight effects; however, the data suggest that other factors are involved. Investigational studies did not reveal any adverse effects on androgens by oxathiapiprolin in rats.

C. Aggregate Exposure

The residue of concern is parent oxathiapiprolin only. Due to the limited toxicity observed in the oxathiapiprolin toxicological database, HED previously determined that toxicological endpoints and points of departure (POD) were not required for oxathiapiprolin.

1. Dietary exposure. EPA has established tolerances for direct or indirect residues of the fungicide oxathiapiprolin, 1-(4-{4-[(5RS)-5-(2,6-difluorophenyl)-4,5-dihydro-1,2-oxazol-3-yl]-1,3-thiazol-2-yl}-1-piperidyl)-2-[5-methyl-3-(trifluoromethyl)-1H-pyrazol-1-yl] ethanone, in or on a number of raw agricultural and processed commodities (40CFR §180.685).  With this Notice-of-Filing, new tolerances are being proposed for uses on Berry, low growing, subgroup 13-07G, except cranberry; Tropical and subtropical, medium to large fruit, smooth, inedible peel, subgroup 24B and Hop, dried cones.  There is no expectation of residues of oxathiapiprolin in the meat, milk, or eggs of ruminants and/or poultry resulting from any current or proposed uses and no tolerances have been proposed in or on any livestock commodities at this time.  The EPA stated in its June 25, 2015 human health safety technical review of the DuPont petition (DP Barcode D417279) that toxicological studies for oxathiapiprolin did not demonstrate any treatment related effects and subsequently EPA did not establish any oral, dermal, or inhalation (acute, chronic, or short-term) endpoints for assessment of consumer exposures.

      i. Food.  Acute exposure.  Due to the lack of toxicological endpoints and Points-of-Departure (PODs), quantitative acute dietary risk assessments were not conducted.

      Chronic exposure.  Due to the lack of toxicological endpoints and PODs, quantitative chronic dietary risk assessments were not conducted.

      Cancer.  Oxathiapiprolin is classified as "not likely to be carcinogenic to humans."  No treatment-related increase in tumors was observed in carcinogenicity studies in rats and/or mice.  A cancer dietary assessment was not conducted.

      ii.  Drinking Water:  Due to the lack of toxicological endpoints and PODs, quantitative drinking water risk assessments were not conducted.

2. Non-Dietary (Residential) Exposure:  Since no toxicological endpoints of concern were identified for oxathiapiprolin and no PODs were selected, quantitative residential risk assessments were not conducted.

Non-Dietary (Occupational) Exposure:  Although there is potential for occupational handler and post-application exposure, risk estimates for oxathiapiprolin were not quantitatively assessed because no dermal or inhalation toxicological endpoints were identified or PODs selected.  The PPE statement on proposed labels requires handlers to wear baseline clothing (i.e., long-sleeved shirt, long pants, shoes plus socks), no chemical-resistant gloves and no respirator.  No additional PPE recommendations are needed based on HED's risk assessment.  The PPE determination and REIs on proposed labels should be based on the acute toxicity of OXTP.

D. Cumulative Effects

Unlike other pesticides for which EPA has followed a cumulative risk approach based on a common mechanism of toxicity, EPA has not made a common mechanism of toxicity finding as to oxathiapiprolin and any other substances and oxathiapiprolin does not appear to produce a toxic metabolite produced by other substances.  For the purposes of this tolerance action, therefore, EPA has not assumed that oxathiapiprolin has a common mechanism of toxicity with other substances.

E.  Safety Determination

There is the potential for dietary (food and drinking water) and residential exposures associated with all current, pending, and proposed uses of oxathiapiprolin.  However, due to the lack of toxicity at the human exposure levels anticipated for oxathiapiprolin based on the proposed use patterns, no quantitative dietary, residential, or aggregate exposure assessments are required and no risks of concern are anticipated.

F.  International Tolerances

International Maximum Residue Limits, including Codex Alimentarius, (MRLs) exist for 112 regions and countries, including Australia, Brazil, Canada, France, Germany, Japan, Korea, Mexico, Philippines, and the United Kingdom.