[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Notices]
[Pages 3486-3489]
[FR Doc No: 2013-00789]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68615; File No. SR-CBOE-2012-133]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Codify in the CBOE Stock Exchange Rules a Cross
Order Type Tied to a Related Derivative Component

January 10, 2013.
    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 December 31, 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.

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

    The Exchange proposes to codify in its rules the availability of a
cross order type tied to a related derivative component on CBOE Stock
Exchange (``CBSX''). The text of the proposed rule change is provided
below.

(additions are italicized; deletions are [bracketed])
* * * * *

Chicago Board Options Exchange, Incorporated Rules

* * * * *

CHAPTER L--CBOE Stock Exchange (CBSX) Rules

* * * * *

Rule 51.8 Types of Orders Handled

    At the discretion of CBSX, and once the CBSX System is so
enabled, any of the following types of orders may be accommodated on
the CBSX System:
* * * * *
    (u) Tied Cross Only Order. A Tied Cross Only Order is an order
to trade the stock component of a qualified contingent trade which
meets the qualified contingent trade exemption pursuant to Rule
611(d) of Regulation NMS under the Exchange Act. A Tied Cross Only
Order may be executed without regard to the protected NBBO. The
order may only be executed against a contra Tied Cross Only Order
for the same size and price and may only be executed at prices at or
within the CBSX BBO and, when at the CBSX BBO, consistent with the
requirements of Rule 52.11.
* * * * *

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
    Contingent trades play an important role in the investment and
trading strategies of investors and the securities industry generally.
A contingent trade is a multi-component trade involving orders for a
security and a related derivative, or, in the alternative, orders for
related securities, that are executed at or near the same time. The
financial instruments in a contingent trade may be equities, options,
futures, bonds, and combinations thereof. The economics of the
transaction are based on the relationship between the prices of the
security and the related derivative, or between the prices of the
related securities, and the execution of one order is contingent upon
the execution of the other order(s). The sought-after spread or ratio
between the relevant instruments is known and specified at the time of
order placement, and this sought-after spread or ratio stands
regardless of the prevailing price at the time of execution. Therefore,
the parties to these transactions are focused on the net price of the
transaction for all of the component instruments, rather than on the
absolute price of any single component instrument. Indeed, with this
focus on the relative prices of the component instruments to a
contingent trade, the price of a component of a particular trade may or
may not correspond to the prevailing market price of the security. The
parties to the trade will not execute one side of the trade without the
other component or components being executed in full (or in ratio) and
at the specified spread or ratio.\3\
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    \3\ Letter to Nancy M. Morris, Secretary, Commission, from
Andrew Madoff, SIA Trading Committee, SIA, dated June 21, 2006
(``SIA Exemption Request''), page 2.
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    The Commission noted that qualified contingent trades potentially
could become too risky and costly to be employed successfully if they
were required to meet the trade-through provisions of Rule 611 of
Regulation NMS under the Securities Exchange Act of 1934 (the
``Exchange Act''). Absent an exemption, participants in contingent
trades often would need to use the Rule's intermarket sweep order
exception and route orders to execute against protected quotations with
better prices than an NMS stock component of the contingent trade. Any
executions of these routed orders could throw the participants ``out of
hedge'' and necessitate additional transactions in an attempt to
correct the imbalance. As a practical matter, the difficulty of
maintaining a hedge, and the risk of falling out of hedge, could
dissuade participants from engaging in contingent trades, or at least
raise the cost of such trades. The elimination or reduction of this
trading strategy potentially could remove liquidity from the market.\4\
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    \4\ See Exchange Act Release No. 54389 (August 31, 2006), page
7-8.
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    Due to the above reasons, on August 31, 2006, pursuant to Rule
611(d) of Regulation NMS, the Commission granted an exemption from the
provisions of Rule 611 of Regulation NMS to each NMS stock component of
certain qualified contingent trades (as defined in the exemptive order)
(the ``QCT Exemption'').\5\ On April 4, 2008, pursuant to Rule 611(d)
of Regulation NMS under the Exchange Act, the Commission issued an
order modifying the QCT Exemption.\6\
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    \5\ See Exchange Act Release No. 54389 (August 31, 2006).
    \6\ See Exchange Act Release No. 57620 (April 4, 2008).
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    In addition to incorporating several exceptions codified in Rule
611(b) of Regulation NMS, CBSX Rule 52.7 also incorporates exemptions
from the Order Protection Rule granted by Commission Order.\7\ The
Exchange now wishes to further clarify that the CBSX System
accommodates Tied Cross Only Orders, which are orders to trade the
stock component of a qualified contingent trade (that qualifies for the
QCT Exemption) on CBSX pursuant to Rule 611 of Regulation NMS under the
Exchange Act, as approved by the Commission and as may be amended by
the Commission pursuant to Rule 611(d) of Regulation NMS.
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    \7\ See CBSX Rule 52.7(a)(9).
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    The following examples will explain how Tied Cross Only Orders
trade on CBSX:
    The NBBO in stock ABC is $10.00-$10.01 (5 x 5), while CBSX is
quoting $9.99--$10.02 (1 x 1). CBSX receives a Tied Cross Only Order to
cross 10,000 shares at $10.03 (consisting of an order to buy 10,000
shares at $10.03 and an order to sell 10,000 shares at $10.03). Since
the order pair is priced outside the CBSX book, the order will be
cancelled
    Consider now, in example 2, a situation in which the NBBO is
$10.00-$10.01 (5 x 5), while CBSX is quoting $9.99--$10.02 (2 x 2).
CBSX receives a Tied Cross Only Order to cross 10,000 shares at $10.02
(consisting of an order to buy 10,000 shares at $10.02 and an order to
sell 10,000 shares at $10.02). The Tied Cross Only Order received is
also greater in size than any single public customer order currently
resting on the CBSX Book at $10.02. As a Tied Cross Only Order is a
qualified contingent trade meeting the QCT Exemption, a trade-through
is permitted and the shares will not be routed to external markets.
Rather, the buy order will trade directly against the sell order at
$10.02, provided that the order meets the requirements of CBSX Rule
52.11.

CBSX Rule 52.11 provides that a CBSX Trader may cross two original
orders at the established bid or offer irrespective of existing
interest at such bid/offer so long as the cross transaction is (i) for
at least 5,000 shares; (ii) is for a principal amount of at least
$100,000; and (iii) is greater in size than any single public customer
order resting on the CBSX Book at the proposed cross price. In this
example, the Tied Cross Only Order meets all three criteria; the order
is for 10,000 shares, is for the principal amount of $100,200 and is
greater in size than any single public customer order currently resting
on the CBSX Book at the proposed cross price. Therefore, the buy order
will trade against the sell order at $10.02
    In this third example, the NBBO is $10.00-$10.01 (5 x 5), while
CBSX is quoting $9.99-$10.02 (2 x 2). CBSX receives a Tied Cross Only
Order to cross 9,000 shares at $10.02 (consisting of an order to buy
9,000 shares at $10.02 and an order to sell 9,000 shares at $10.02).
The Tied Cross Only Order received is also greater in size than any
single public customer order currently resting on the CBSX Book at
$10.02. In this scenario however, the Tied Cross Only Order does not
meet all the requirements of Rule 52.11. Although the order is for over
5,000 shares and is greater than any single customer order on the CBSX
book at $10.02, it is for a principal amount of only $90,180, which is
less than the required $100,000. Consequently, if there is any existing
interest at the proposed cross price resting on the CBSX Book, the Tied
Cross Only Order will be cancelled.
    In this final example, the NBBO is $10.00-$10.01 (5 x 5), while
CBSX is quoting $9.99--$10.03 (2 x 2). CBSX receives a Tied Cross Only
Order to cross 10,000 shares at $10.02 (consisting of an order to buy
10,000 shares at $10.02 and an order to sell 10,000 shares at $10.02).
In this example, the order pair is priced within the CBSX BBO.
Accordingly, the buy order would cross against the sell order at 10,000
shares at $10.02.
    Finally, it should be noted that it is incumbent on the user
placing a Tied Cross Only Order to represent to the Exchange that the
transaction meets the QCT exemption.
    The Exchange believes that the codification of this order type will
clarify that CBSX accommodates market participants with flexibility in
executing transactions that meet the specific requirements of this
order type.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder and, in particular,
the requirements of Section 6(b) of the Act.\8\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \9\ requirements that the rules of an exchange be
designed to promote just and equitable principles of trade, to prevent
fraudulent and manipulative acts, to remove impediments to and to
perfect the mechanism for a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Tied Cross Only Orders provide investors with an additional tool to
facilitate the execution of qualified contingent trades, a type of
trade recognized by the Commission as beneficial to market
participants. The clarification that CBSX accommodates this order type
should clear up any possible confusion and therefore inform investors.
Further, the proposed rule change is not designed to permit unfair
discrimination between customers, issuers, brokers, or dealers, in that
all such investors may enter Tied Cross Only Orders.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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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 not necessary or appropriate in furtherance of
the purposes of the Act. Rather, the proposed rule change merely
codifies the availability of a cross order type tied to a related
derivative component. As discussed above, Tied Cross Only Orders are
orders to trade the stock component of a qualified contingent trade, a
type of trade already recognized by the Commission as beneficial to
market participants.

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

    Because the foregoing proposed rule change does not:
    (i) Significantly affect the protection of investors or the public
interest;
    (ii) impose any significant burden on competition; and
    (iii) become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) \10\ of the Act and
Rule 19b-4(f)(6) \11\ thereunder.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of this 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.

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-2012-133 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-2012-133. 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-2012-133 and should be
submitted on or before February 6, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-00789 Filed 1-15-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Notices]
[Pages 67460-67461]
[FR Doc No: 2011-28240]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0554]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Veterinary Feed
Directive

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

DATES: Fax written comments on the collection of information by
December 1, 2011.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
fax:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0363.
Also include the FDA docket number found in brackets in the heading of
this document.

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

Veterinary Feed Directive--21 CFR Part 558 (OMB Control Number 0910-
0363)--(Extension)

    With the passage of the Animal Drug Availability Act of 1996 (ADAA)
(Pub. L. 104-250), the Congress enacted legislation establishing a new
class of restricted feed use drugs, veterinary feed directive (VFD)
drugs, which may be distributed without involving State pharmacy laws.
Although controls on the distribution and use of VFD drugs are similar
to those for prescription drugs regulated under section 503(f) of the
Federal Food, Drug and Cosmetic Act (21 U.S.C. 353(f)), the
implementing VFD regulation (21 CFR 558.6) is tailored to the unique
circumstances relating to the distribution of medicated feeds. The
content of the VFD is spelled out in the regulation. All distributors
of medicated feed containing VFD drugs must notify FDA of their intent
to distribute, and records must be maintained of the distribution of
all medicated feeds containing VFD drugs. The VFD regulation ensures
the protection of public health while enabling animal producers to
obtain and use needed drugs as efficiently and cost-effectively as
possible.
    In the Federal Register of August 3, 2011(76 FR 46818), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. FDA received no comments that pertained to
the information collection burden estimates.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                  Number of
        21 CFR section            Number of     responses per   Total annual     Average burden     Total hours
                                 respondents     respondent       responses       per response
----------------------------------------------------------------------------------------------------------------
558.6(a)(3) through (a)(5)...          15,000              25         375,000                .25          93,750
558.6(d)(1)(i) through                    300               1             300                .25              75
 (d)(1)(iii).................
558.6(d)(1)(iv)..............              20               1              20                .25               5
558.6(d)(2)..................           1,000               5           5,000                .25           1,250
514.1(b)(9)..................               1               1               1               3                  3
                              ----------------------------------------------------------------------------------

    Total....................  ..............  ..............  ..............  .................          95,083
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
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                                                                                Number of
                           21 CFR section                               Number of      records per    Total annual    Average burden per    Total hours
                                                                      Recordkeepers   recordkeeper       records        recordkeeping
--------------------------------------------------------------------------------------------------------------------------------------------------------
558.6(c)(1) through (c)(4).........................................         112,500              10       1,125,000                .0167          18,788
558.6(e)(1) through (e)(4).........................................           5,000              75         375,000                .0167           6,263
                                                                    ------------------------------------------------------------------------------------
    Total..........................................................  ..............  ..............  ..............  ...................          25,051
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The estimate of the times required for record preparation and
maintenance is based on Agency communication with industry and Agency
records and experience.

    Dated: October 27, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-28240 Filed 10-31-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 86, Number 180 (Tuesday, September 21, 2021)]
[Notices]
[Pages 52482-52486]
[FR Doc No: 2021-20299]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2021-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.
The flood hazard

determinations modified by each LOMR will be used to calculate flood
insurance premium rates for new buildings and their contents.

DATES: Each LOMR was finalized as in the table below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at https://msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Insurance and Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

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                      Location and case    Chief executive officer of                                                                         Community
  State and county           No.                    community                 Community map repository             Date of modification          No.
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Alabama: Calhoun     City of Oxford (20-  The Honorable Alton Craft,    Department of Public Works, 42        Aug. 28, 2021................       010023
 (FEMA Docket No.:    04-1850P).           Mayor, City of Oxford, 145    Public Works Drive, Oxford, AL
 B-2136).                                  Hamric Drive East, Oxford,    36203.
                                           AL 36203.
Arizona: Santa Cruz  Unincorporated       The Honorable Manny Ruiz,     Santa Cruz County Complex, 2150       Aug. 25, 2021................       040090
 (FEMA Docket No.:    areas of Santa       Chairman, Santa Cruz County   North Congress Drive, Suite 116,
 B-2141).             Cruz County (20-09-  Board of Supervisors,         Nogales, AZ 85621.
                      2050P).              District 1, 2150 North
                                           Congress Drive, Suite 119,
                                           Nogales, AZ 85621.
Colorado:
    Arapahoe (FEMA   City of Aurora (21-  The Honorable Mike Coffman,   Engineering Department, 15151 East    Aug. 27, 2021................       080002
     Docket No.: B-   08-0025P).           Mayor, City of Aurora,        Alameda Parkway, Aurora, CO 80012.
     2136).                                15151 East Alameda Parkway,
                                           Aurora, CO 80012.
    Arapahoe (FEMA   Unincorporated       The Honorable Nancy Jackson,  Arapahoe County Public Works and      Aug. 27, 2021................       080011
     Docket No.: B-   areas of Arapahoe    Chair, Arapahoe County        Development Department, 6924 South
     2136).           County (21-08-       Board of Commissioners,       Lima Street, Centennial, CO 80112.
                      0025P).              5334 South Prince Street,
                                           Littleton, CO 80120.
    Weld (FEMA       City of Windsor (21- The Honorable Paul            City Hall, 301 Walnut Street,         Aug. 30, 2021................       080264
     Docket No.: B-   08-0099P).           Rennemeyer, Mayor, Town of    Windsor, CO 80550.
     2136).                                Windsor, 301 Walnut Street,
                                           Windsor, CO 80550.
    Weld (FEMA       Unincorporated       The Honorable Steve Moreno,   Weld County Administration Building,  Aug. 30, 2021................       080266
     Docket No.: B-   areas of Weld        Chairman, Weld County Board   1150 O Street, Greeley, CO 80631.
     2136).           County (21-08-       of Commissioners, P.O. Box
                      0099P).              758, Greeley, CO 80631.
Delaware:

    Sussex (FEMA     City of Seaford (20- The Honorable David Genshaw,  City Hall, 414 High Street, Seaford,  Aug. 18, 2021................       100048
     Docket No.: B-   03-1397P).           Mayor, City of Seaford,       DE 19973.
     2136).                                P.O. Box 1100, Seaford, DE
                                           19973.
    Sussex (FEMA     Unincorporated       The Honorable Michael H.      Sussex County Administrative          Aug. 18, 2021................       100029
     Docket No.: B-   areas of Sussex      Vincent, President, Sussex    Building, 2 The Circle, Georgetown,
     2136).           County (20-03-       County Council, P.O. Box      DE 19947.
                      1397P).              589, Georgetown, DE 19947.
Florida:
    Charlotte (FEMA  Unincorporated       The Honorable Bill Truex,     Charlotte County Building             Aug. 20, 2021................       120061
     Docket No.: B-   areas of Charlotte   Chairman, Charlotte County    Department, 18400 Murdock Circle,
     2133).           County (21-04-       Board of Commissioners,       Port Charlotte, FL 33948.
                      1486P).              18500 Murdock Circle, Port
                                           Charlotte, FL 33948.
    Marion (FEMA     City of Ocala (20-   The Honorable Kent Guinn,     Building Department, 110 Southeast    Aug. 20, 2021................       120330
     Docket No.: B-   04-4466P).           Mayor, City of Ocala, 110     Watula Avenue, Ocala, FL 34471.
     2136).                                Southeast Watula Avenue,
                                           Ocala, FL 34471.
    Sarasota (FEMA   Unincorporated       The Honorable Alan Maio,      Sarasota County Planning and          Aug. 27, 2021................       125144
     Docket No.: B-   areas of Sarasota    Chairman, Sarasota County     Development Services Department,
     2141).           County (21-04-       Board of Commissioners,       1001 Sarasota Center Boulevard,
                      1626P).              1660 Ringling Boulevard,      Sarasota, FL 34240.
                                           Sarasota, FL 34236.
Georgia: Columbia    Unincorporated       The Honorable Douglas         Columbia County Engineering Services  Aug. 19, 2021................       130059
 (FEMA Docket No.:    areas of Columbia    Duncan, Chairman, Columbia    Department, 630 Ronald Reagan
 B-2136).             County (21-04-       County Board of               Drive, Building A, Evans, GA 30809.
                      0847P).              Commissioners, P.O. Box
                                           498, Evans, GA 30809.
Maryland: Howard     Unincorporated       The Honorable Calvin Ball,    Howard County Stormwater Management   Aug. 20, 2021................       240044
 (FEMA Docket No.:    areas of Howard      Howard County Executive,      Division, Bureau of Environmental
 B-2136).             County (21-03-       3430 Court House Drive,       Services, 9801 Broken Land Parkway,
                      0437P).              Ellicott City, MD 21043.      Columbia, MD 21046.
New Mexico:
    Bernalillo       Unincorporated       The Honorable Charlene E.     Bernalillo County Public Works        Aug. 27, 2021................       350001
     (FEMA Docket     areas of             Pyskoty, Chair, Bernalillo    Department, 2400 Broadway
     No.: B-2136).    Bernalillo County    County Board of               Boulevard, Albuquerque, NM 87102.
                      (20-06-2787P).       Commissioners, 1 Civic
                                           Plaza Northwest,
                                           Albuquerque, NM 87102.
    Taos (FEMA       Unincorporated       Mr. Brent Jaramillo, Taos     Taos County Planning Department, 105  Aug. 20, 2021................       350078
     Docket No.: B-   areas of Taos        County Manager, 105           Albright Street, Taos, NM 87571.
     2133).           County (20-06-       Albright Street, Suite G,
                      2988P).              Taos, NM 87571.
North Carolina:
    Wake (FEMA       Town of Apex (20-04- The Honorable Jacques         Engineering Department, 73 Hunter     Aug. 24, 2021................       370467
     Docket, No.: B-  1215P).              Gilbert, Mayor, Town of       Street, Apex, NC 27502.
     2141).                                Apex, P.O. Box 250, Apex,
                                           NC 27502.
    Wake (FEMA       Unincorporated,      The Honorable Matt Calabria,  Wake County Environmental Services    Aug. 24, 2021................       370368
     Docket, No.: B-  areas of Wake        Chairman, Wake, County        Department, 336 Fayetteville,
     2141).           County (20-04-       Board of Commissioners,       Street, Raleigh, NC 27601.
                      1215P).              P.O. Box 550, Raleigh, NC
                                           27602.
Pennsylvania:
    Lackawanna       Borough of Dickson   The Honorable Robert W.       Borough Hall, 901 Enterprise Street,  Aug. 23, 2021................       420528
     (FEMA Docket     City (21-03-         MacCallum, Mayor, Borough     Dickson City, PA 18519.
     No.: B-2136).    0435P).              of Dickson City, 901
                                           Enterprise Street, Dickson
                                           City, PA 18519.

    Lackawanna       Borough of Moscow    The Honorable Arthur Pencek,  Borough Hall, 123 Van Brunt Street,   Aug. 23, 2021................       420534
     (FEMA Docket     (21-03-0435P).       President, Borough of         Moscow, PA 18444.
     No.: B-2136).                         Moscow Council, 123 Van
                                           Brunt Street, Moscow, PA
                                           18444.
    Lackawanna       Borough of Olyphant  The Honorable John Sedlak,    Borough Hall, 113 Willow Avenue,      Aug. 23, 2021................       420536
     (FEMA Docket     (21-03-0435P).       Jr., Mayor, Borough of        Olyphant, PA 18447.
     No.: B-2136).                         Olyphant, 113 Willow
                                           Avenue, Olyphant, PA 18447.
    Lackawanna       Township of Clifton  The Honorable Theodore        Township Hall, 361 State Road 435,    Aug. 23, 2021................       421751
     (FEMA Docket     (21-03-0435P).       Stout, Chairman, Township     Clifton, PA 18424.
     No.: B-2136).                         of Clifton Board of
                                           Supervisors, 361 State Road
                                           435, Clifton, PA 18424.
    Montgomery       Township of Upper    Mr. Anthony Hamaday,          Township Hall, 175 West Valley Forge  Aug. 23, 2021................       420957
     (FEMA Docket     Merion (20-03-       Manager, Township of Upper    Road, King of Prussia, PA 19406.
     No.: B-2136).    1496P).              Merion, 175 West Valley
                                           Forge Road, King of
                                           Prussia, PA 19406.
South Carolina:
    Dorchester       Unincorporated       Mr. Jason L. Ward,            Dorchester County Building Services   Aug. 27, 2021................       450068
     (FEMA Docket     areas of             Dorchester County             Department, 500 North Main Street
     No.: B-2141).    Dorchester County    Administrator, 201 Johnston   Summerville, SC 29483.
                      (21-04-0277P).       Street, St. George, SC
                                           29477.
    Horry (FEMA      City of North        Mr. Michael Mahaney,          Planning and Development Department,  Aug. 18, 2021................       450110
     Docket No.: B-   Myrtle Beach (21-    Manager, City of North        1018 2nd Avenue South, North Myrtle
     2133).           04-0539P).           Myrtle Beach, 1018 2nd        Beach, SC 29582.
                                           Avenue South, North Myrtle
                                           Beach, SC 29582.
Texas:
    Bexar (FEMA      City of Converse     The Honorable Al Suarez,      City Hall, 403 South Seguin Road,     Aug. 23, 2021................       480038
     Docket No.: B-   (20-06-1620P).       Mayor, City of Converse,      Converse, TX 78109.
     2141).                                403 South Seguin Road,
                                           Converse, TX 78109.
    Bexar (FEMA      City of San Antonio  The Honorable Ron Nirenberg,  Transportation and Capital            Aug. 23, 2021................       480045
     Docket No.: B-   (20-06-3462P).       Mayor, City of San Antonio,   Improvements Department, Stormwater
     2141).                                P.O. Box 839966, San          Division, 114 West Commerce Street,
                                           Antonio, TX 78283.            San Antonio, TX 78205.
    Bexar (FEMA      Unincorporated       The Honorable Nelson W.       Bexar County Public Works             Aug. 30, 2021................       480035
     Docket No.: B-   areas of Bexar       Wolff, Bexar County Judge,    Department, 1948 Probandt Street,
     2141).           County (20-06-       101 West Nueva Street, 10th   San Antonio, TX 78214.
                      1399P).              Floor, San Antonio, TX
                                           78205.
    Collin (FEMA     City of Celina (20-  The Honorable Sean Terry,     City Hall, 142 North Ohio Street,     Aug. 24, 2021................       480133
     Docket No.: B-   06-3148P).           Mayor, City of Celina, 142    Celina, TX 75009.
     2141).                                North Ohio Street, Celina,
                                           TX 75009.
    Collin (FEMA     City of Murphy (20-  The Honorable Scott Bradley,  City Hall, 206 North Murphy Road,     Aug. 23, 2021................       480137
     Docket No.: B-   06-3201P).           Mayor, City of Murphy, 206    Murphy, TX 75094.
     2136).                                North Murphy Road, Murphy,
                                           TX 75094.
    Coryell (FEMA    City of Copperas     Mr. Ryan Haverlah, Manager,   Development Services Department, 914  Aug. 23, 2021................       480155
     Docket No.: B-   Cove (20-06-         City of Copperas Cove, 914    South Main Street, Suite G,
     2141).           3238P).              South Main Street, Suite D,   Copperas Cove, TX 76522.
                                           Copperas Cove, TX 76522.
    Coryell (FEMA    Unincorporated       The Honorable Roger A.        Coryell County Environmental/On-Site  Aug. 23, 2021................       480768
     Docket No.: B-   areas of Coryell     Miller, Coryell County        Sewage Facilities Office, 210 South
     2141).           County (20-06-       Judge, 800 East Main          7th Street, Gatesville, TX 76528.
                      3238P).              Street, Suite A,
                                           Gatesville, TX 76528.

    Guadalupe (FEMA  City of Seguin (20-  The Honorable Donna Dodgen,   City Hall, 205 North River Street,    Aug. 19, 2021................       485508
     Docket No.: B-   06-3659P).           Mayor, City of Seguin, 205    Seguin, TX 78155.
     2136).                                North River Street, Seguin,
                                           TX 78155.
    Guadalupe (FEMA  Unincorporated       The Honorable Kyle Kutscher,  Guadalupe County Engineering          Aug. 19, 2021................       480266
     Docket No.: B-   areas of Guadalupe   Guadalupe County Judge, 211   Department, 2605 North Guadalupe
     2136).           County (20-06-       West Court Street, Seguin,    Street, Seguin, TX 78155.
                      3659P).              TX 78155.
    Harris (FEMA     Unincorporated       The Honorable Lina Hidalgo,   Harris County Permit Office, 1005     Aug. 23, 2021................       480287
     Docket No.: B-   areas of Harris      Harris County Judge, 1001     Northwest Freeway, Suite 120,
     2136).           County (20-06-       Preston Street, Suite 911,    Houston, TX 77092.
                      3120P).              Houston, TX 77002.
    Tarrant (FEMA    City of Fort Worth   The Honorable Betsy Price,    Transportation and Public Works       Aug. 30, 2021................       480596
     Docket No.: B-   (21-06-0038P).       Mayor, City of Fort Worth,    Department, Engineering Vault, 200
     2141).                                200 Texas Street, Fort        Texas Street, Fort Worth, TX 76102.
                                           Worth, TX 76102.
Vermont: Bennington  Town of Bennington   Mr. Stuart Hurd, Manager,     Town Hall, 205 South Street,          Aug. 19, 2021................       500013
 (FEMA Docket No.:    (20-01-1034P).       Town of Bennington, P.O.      Bennington, VT 05201.
 B-2133).                                  Box 469, Bennington, VT
                                           05201.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2021-20299 Filed 9-20-21; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Rules and Regulations]
[Pages 71778-71782]
[FR Doc No: 2019-27887]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0252; Product Identifier 2019-NM-048-AD; Amendment
39-21007; AD 2019-24-18]
RIN 2120-AA64

Airworthiness Directives; the Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 727 airplanes, Model 757 airplanes,
and Model 767-200, -300, -300F, and -400ER series airplanes. This AD
was prompted by reports of nuisance stick shaker activation while the
airplane accelerated to cruise speed at the top of climb. This AD was
also prompted by an investigation of those reports that revealed that
the angle of attack (AOA) (also known as angle of airflow) sensor vanes
could not prevent the build-up of ice, causing the AOA sensor vanes to
become immobilized, which resulted in nuisance stick shaker activation.
This AD requires a general visual inspection of the AOA sensors for
certain AOA sensors, and replacement of affected AOA sensors. The FAA
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective February 3, 2020.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 3,
2020.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.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
206-231-3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0252.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for

and locating Docket No. FAA-2019-0252; 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 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: Jeffrey W. Palmer, Aerospace Engineer,
Systems and Equipment Section, FAA, Los Angeles ACO Branch, 3960
Paramount Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax:
562-627-5210; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain The Boeing
Company Model 727 airplanes, Model 757 airplanes, and Model 767-200, -
300, -300F, and -400ER series airplanes. The NPRM published in the
Federal Register on July 9, 2019 (84 FR 32667). The NPRM was prompted
by reports of nuisance stick shaker activation while the airplane
accelerated to cruise speed at the top of climb. The NPRM was also
prompted by an investigation of those reports that revealed that the
AOA sensor vanes could not prevent the build-up of ice, causing the AOA
sensor vanes to become immobilized, which resulted in nuisance stick
shaker activation. The NPRM proposed to require a general visual
inspection of the AOA sensors for certain AOA sensors, and replacement
of affected AOA sensors.
    The FAA is issuing this AD to address ice build-up in the AOA
sensor faceplate and vane, which may immobilize the AOA sensor vanes,
and could result in inaccurate or unreliable AOA sensor data being
transmitted to airplane systems and consequent loss of controllability
of the airplane.

Changes Since the NPRM Was Issued

    The FAA has reviewed Boeing Alert Service Bulletin 727-34A0247,
Revision 1, dated October 1, 2019 (the FAA referred to Boeing Alert
Service Bulletin 727-34A0247, dated January 2, 2019, as an appropriate
source of service information for accomplishing the actions specified
in the NPRM) and have revised this AD to refer to Boeing Alert Service
Bulletin 727-34A0247, Revision 1, dated October 1, 2019. This service
information adds airplanes to the effectivity, but specifies that no
additional work is needed if the actions in Boeing Alert Service
Bulletin 727-34A0247, dated January 2, 2019, have been accomplished.
The FAA has added paragraph (i) to this AD to provide credit for
actions done prior to the effective date of this AD using Boeing Alert
Service Bulletin 727-34A0247, dated January 2, 2019. Subsequent
paragraphs have been redesignated accordingly.
    Although Boeing Alert Service Bulletin 727-34A0247, Revision 1,
dated October 1, 2019, adds airplanes to the effectivity, the FAA has
not added those airplanes to the applicability of this AD. In paragraph
(c) of this AD, the FAA refers to the airplanes identified in Boeing
Alert Service Bulletin 727-34A0247, Revision 1, dated October 1, 2019,
except for the additional airplanes (variable numbers QB065, QD191,
QD192, QD402, QD403, QD407, and QD410). Adding airplanes to the
applicability of this AD would necessitate (under the provisions of the
Administrative Procedure Act) reissuing the notice, reopening the
comment period, considering additional comments subsequently received,
and eventually issuing a final rule. In consideration of the urgency of
the unsafe condition identified in this final rule, the FAA has
determined that delay of this final rule is not appropriate. However,
the FAA might consider further rulemaking on this issue to address the
additional airplanes.

Comments

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

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing (APB) stated that they have reviewed the
NPRM and have determined that the installation of winglets per
Supplemental Type Certificate (STC) ST01518SE (for Model 757 airplanes)
and STC ST01920SE (for Model 767 airplanes) do not affect the
accomplishment of the manufacturer's service instructions.
    The FAA agrees with the commenter that STC ST01518SE and STC
ST01920SE do not affect the accomplishment of the manufacturer's
service instructions. Therefore, the installation of STC ST01518SE or
STC ST01920SE does not affect the ability to accomplish the actions
required by this AD. The FAA has not changed this AD in this regard.

Request To Reduce Compliance Time

    The Air Line Pilots Association, International (ALPA) requested the
compliance time in the proposed AD be shortened from within 36 months
after the effective date of this AD to within 24 months after the
effective date of this AD for all airplanes. The ALPA stated that it
agrees with the intent of the proposed AD, but does not agree that a
36-month compliance time is sufficient when considering the publication
dates of the service information, the low estimated time to complete
the repairs, and the high risk associated with inaccurate AOA readings
and nuisance stick shaker indications.
    The FAA does not agree with the request. The FAA has determined
that the compliance time specified in this AD for each airplane model
will accommodate the time necessary to accomplish the actions required
by this AD and maintain an adequate level of safety. In addition, the
commenter did not provide adequate data to justify a shortened
compliance time. Lastly, the suggested compliance time change would
alter the requirements of this AD to be more restrictive, so additional
rulemaking would be required, ultimately delaying issuance of the AD.
The FAA finds that delaying this action is inappropriate in light of
the identified unsafe condition. However, if additional data are
presented that would justify a shorter compliance time, the FAA may
consider further rulemaking on this issue. The FAA has not changed this
AD in this regard.

Request To Extend Compliance Time

    American Airlines (AAL) and United Airlines (UAL) requested that
the FAA extend the compliance time for the Boeing Model 767 fleet from
within 36 months or 3,470 flight hours (FH) after the effective date of
this AD, whichever occurs first, to match the compliance time of the
Boeing Model 757 fleet, which is within 36 months or 9,960 FH after the
effective date of this AD, whichever occurs first. AAL reasoned that
the Boeing Model 757 and 767 fleets share the same parts for both the
AOA sensors and air data computers and operate similar missions with
similar cold-soak times on the AOA vanes, and argued that the risk
should be the same. AAL asserted that matching the FH compliance times
will ensure that accomplishing this proposed AD can be effectively and
economically planned, while allowing for the components to be handled
the same regardless of fleet. AAL concluded this

method would maintain an equivalent level of safety.
    UAL also pointed out that UAL's Boeing Model 757 and 767 fleets are
equipped with equivalent AOA sensors and air data computers, and the
operation and cold-soak times of the AOA sensors are the same. UAL
argued that changing the FH compliance time for Model 767 airplanes to
match the FH compliance time for Model 757 airplanes would provide an
equivalent level of safety, stating that the AOA sensors of both
airplane models are exposed to the same adverse conditions in the air
and on the ground.
    The FAA does not agree with the request. The FAA has determined
that the flight-hour compliance times identified in the service
information, without a time threshold, will not ensure that the
identified unsafe condition is addressed in a timely manner. In
developing an appropriate compliance time for this AD, the FAA
considered the degree of urgency associated with addressing the subject
unsafe condition, the average utilization of the affected fleet, and
the time necessary to perform the modifications. In light of all of
these factors, the FAA finds the compliance times specified in the
applicable service information, or within 36 months after the effective
date of this AD, whichever occurs first, represents an appropriate
interval of time for affected airplanes to continue to operate without
compromising safety. However, under the provisions of paragraph (j) of
this AD, the FAA will consider requests for approval of an extension of
the compliance time if sufficient data are submitted to substantiate
that the new compliance time would provide an acceptable level of
safety. The FAA has not changed the AD in this regard.

Request To Include Records Review

    All Nippon Airways (ANA) requested that the FAA add a statement to
the proposed AD that allows a review of the airplane maintenance
records for the part number (P/N) of the AOA sensor, if the P/N of the
AOA sensor can be conclusively determined from that review. ANA stated
that they have installed AOA sensor P/N 0861FL1 (new Boeing P/N
S233T913-5) on their Boeing Model 767 fleet because it began
accomplishing Boeing Alert Service Bulletin 767-34A0828, dated December
6, 2018, since the issue date of the service information. ANA argued
that the proposed AD would require them to repeat accomplishment of
Boeing Alert Service Bulletin 767-34A0828, dated December 6, 2018. ANA
stated that it manages the P/N of the AOA sensor within its airplane
maintenance records, and the installation of the new AOA sensor P/N
0861FL1 (new Boeing P/N S233T913-5) on each airplane can be traced by
reviewing its airplane maintenance records.
    The FAA agrees with the commenter's request to add a records
review. The FAA has added paragraph (h)(2) to this AD to allow a review
of airplane maintenance records in lieu of the inspections for the AOA
sensor P/Ns. The FAA also notes that paragraph (f) of this AD states to
accomplish the required actions within the compliance times specified,
``unless already done.'' Therefore, if operators have accomplished the
actions required for compliance with this AD before the effective date
of this AD and have records that show the actions were done as
specified in the AD, no further action is necessary.

Request To Reference Later Revisions of Service Information

    AAL requested that the applicability, required actions, and
exceptions to service information in the proposed AD be revised to
include any future FAA approved revisions of service information. AAL
requested that the FAA add the phrase ``or later FAA approved
revisions'' to Boeing Alert Service Bulletin 757-34A0611, Revision 1,
dated March 22, 2019; and Boeing Alert Service Bulletin 767-34A0828,
dated December 6, 2018. AAL suggested that any requirement that
references service information would state, for example, ``Boeing Alert
Service Bulletin 757-34A0611, Revision 1, dated March 22, 2019, or
later FAA approved revisions.'' AAL argued that allowing later FAA
approved revisions of service information would avoid extra work and
delays in implementation required for an alternative method of
compliance (AMOC) approval should either service information require a
revision due to an error or omission of data.
    The FAA does not agree with the request. The FAA may not refer to
any document that does not yet exist. In general terms, the FAA is
required by Office of the Federal Register (OFR) regulations for
approval of materials incorporated by reference, as specified in 1 CFR
51.1(f), to either publish the service document contents as part of the
actual AD language; or submit the service document to the OFR for
approval as referenced material, in which case the FAA may only refer
to such material in the text of an AD. The AD may refer to the service
document only if the OFR approved it for incorporation by reference.
See 1 CFR part 51.
    To allow operators to use later revisions of the referenced
document (issued after publication of the AD), either the FAA must
revise the AD to reference specific later revisions, or operators must
request approval to use later revisions as an AMOC with this AD under
the provisions of paragraph (j) of this AD.

Request To Clarify the Impact of Case Heaters on Unsafe Condition

    The commenter, Alan Peterson, FedEx, stated that the proposed AD
does not address the possibility that the case heaters within the AOA
sensor may be contributing to the unsafe condition, noting specifically
that the proposed AD does not address the case heaters within the AOA
sensors for Captain and First officer positions on FedEx's large fleet
of Boeing Model 757 and 767 airplanes. The commenter pointed out that
the case heaters keep the dampening fluid inside the body of the AOA
sensor from getting cold-soaked in flight and on the ground. The
commenter explained that the wiring of the case heater is in parallel
with the AOA vane heater, so in a scenario where the case heater fails,
the AOA sensor vane would continue working, but the AOA sensor would
become slow to move once it becomes cold-soaked due to the lack of heat
from the case heater within the AOA sensor. The commenter described
this as a critical oversight in the proposed AD because both the case
heater and the AOA vane heater must work correctly for the AOA vanes to
function properly.
    The commenter stated that, in his experience, an operator may check
the resistance of the case heater wiring on both AOA sensor vanes to
verify that it is within the tolerance specified by the component
maintenance manual (CMM) and verify the wiring is not burnt due to an
open circuit. The commenter stated that this check was accomplished on
the Boeing Model 757 and 767 fleet, and, if a discrepancy was
discovered during the resistance check or revealed evidence of an open
circuit in the case heater, the AOA vane would then be replaced. The
commenter noted that a malfunction with the case heater would not be
registered by the engine-indicating and crew-alerting system (EICAS)
because the system only monitors the AOA vane heaters, and suggested
that a malfunctioning case heater could affect reactive windshear,
reduced vertical separation minimum (RVSM), and stall warning. The FAA
infers that the commenter is requesting that the FAA clarify the impact
of case heaters within the AOA sensors on the unsafe condition.

    The FAA agrees to clarify. One of the specific mitigating design
changes in this AD is the position of the case heater. Although the
case heaters in the AOA vane assembly are not specifically mentioned in
the preamble of the proposed AD, the new AOA sensors with supplier P/N
0861FL1 (new Boeing P/N S233T913-5) have a repositioned case heater
specifically designed to mitigate the unsafe condition of moisture
build-up and freezing. AOA sensors with supplier P/N 2566A-21 (new
Boeing P/N 10-60878-3), 2566A-30 (new Boeing P/N 10-60878-4), and
0861FL (new Boeing P/N S233T913-4), mitigate the unsafe condition using
an improved vane design. The FAA has not changed the AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the changes described previously
and minor editorial changes. The FAA has 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.
    The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Service Bulletin 727-34A0247,
Revision 1, dated October 1, 2019; Boeing Alert Service Bulletin 757-
34A0611, Revision 1, dated March 22, 2019; and Boeing Alert Service
Bulletin 767-34A0828, dated December 6, 2018. The service information
describes procedures for a general visual inspection of the AOA sensors
for certain AOA sensors, and replacement of affected AOA sensors. These
documents are distinct since they apply to different airplane models.
    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

    The FAA estimates that this AD affects 1,287 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
            Action                Labor cost           Parts cost           Cost per  product       operators
----------------------------------------------------------------------------------------------------------------
Inspection...................  1 work-hour x     $0....................  $85...................  $109,395.
                                $85 per hour =
                                $85.
Replacement..................  Up to 3 work-     Up to $54,000.........  Up to $54,255.........  Up to
                                hours x $85 per                                                   $69,826,185.
                                hour = Up to
                                $255.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    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) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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):

2019-24-18 The Boeing Company: Amendment 39-21007; Docket No. FAA-
2019-0252; Product Identifier 2019-NM-048-AD.

(a) Effective Date

    This AD is effective February 3, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company airplanes, identified in
paragraphs (c)(1) through (3) of this AD, certificated in any
category.
    (1) Model 727, 727C, 727-100, 727-100C, 727-200, and 727-200F
series airplanes, as identified in Boeing Alert Service Bulletin
727-34A0247, Revision 1, dated October 1, 2019; except for airplanes
having variable numbers QB065, QD191, QD192, QD402, QD403, QD407,
and QD410.
    (2) Model 757-200, -200PF, -200CB, and -300 series airplanes, as
identified in Boeing Alert Service Bulletin 757-34A0611, Revision 1,
dated March 22, 2019.

    (3) Model 767-200, -300, -300F, and -400ER series airplanes, as
identified in Boeing Alert Service Bulletin 767-34A0828, dated
December 6, 2018.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by reports of nuisance stick shaker
activation while the airplane accelerated to cruise speed at the top
of climb. This AD was also prompted by an investigation of those
reports that revealed that the angle of attack (AOA) (also known as
angle of airflow) sensor vanes could not prevent the build-up of
ice, causing the AOA sensor vanes to become immobilized, which
resulted in nuisance stick shaker activation. The FAA is issuing
this AD to address ice build-up in the AOA sensor faceplate and
vane, which may immobilize the AOA sensor vanes, and could result in
inaccurate or unreliable AOA sensor data being transmitted to
airplane systems and consequent loss of controllability of the
airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified in paragraph (h) of this AD: Within 36
months after the effective date of this AD or at the applicable
times specified in paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 727-34A0247, Revision 1, dated October 1, 2019;
Boeing Alert Service Bulletin 757-34A0611, Revision 1, dated March
22, 2019; or Boeing Alert Service Bulletin 767-34A0828, dated
December 6, 2018; as applicable, whichever occurs first, do all
applicable actions identified as ``RC'' (required for compliance)
in, and in accordance with, the Accomplishment Instructions of
Boeing Alert Service Bulletin 727-34A0247, Revision 1, dated October
1, 2019; Boeing Alert Service Bulletin 757-34A0611, Revision 1,
dated March 22, 2019; or Boeing Alert Service Bulletin 767-34A0828,
dated December 6, 2018; as applicable. All replacements of the
affected AOA sensors must be done before further flight.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 727-34A0247, Revision 1,
dated October 1, 2019; Boeing Alert Service Bulletin 757-34A0611,
Revision 1, dated March 22, 2019; or Boeing Alert Service Bulletin
767-34A0828, dated December 6, 2018; as applicable, uses the phrase
``the original issue date of this service bulletin,'' this AD
requires using ``the effective date of this AD.''
    (2) Where Boeing Alert Service Bulletin 727-34A0247, Revision 1,
dated October 1, 2019; Boeing Alert Service Bulletin 757-34A0611,
Revision 1, dated March 22, 2019; or Boeing Alert Service Bulletin
767-34A0828, dated December 6, 2018; specify to accomplish a general
visual inspection of the AOA sensors and to replace affected AOA
sensors, a review of the airplane maintenance records is acceptable
in lieu of those actions if the part number of the installed AOA
sensors can be conclusively determined during that review to have a
new or serviceable AOA sensor part number identified in Boeing Alert
Service Bulletin 727-34A0247, Revision 1, dated October 1, 2019;
Boeing Alert Service Bulletin 757-34A0611, Revision 1, dated March
22, 2019; or Boeing Alert Service Bulletin 767-34A0828, dated
December 6, 2018; as applicable.

(i) Credit for Previous Actions

    This paragraph provides credit for actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin 727-
34A0247, dated January 2, 2019.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (k) of this AD. Information may
be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Los
Angeles ACO Branch, FAA, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(j)(4)(i) and (ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(k) Related Information

    For more information about this AD, contact Jeffrey W. Palmer,
Aerospace Engineer, Systems and Equipment Section, FAA, Los Angeles
ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(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 the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 727-34A0247, Revision 1, dated
October 1, 2019.
    (ii) Boeing Alert Service Bulletin 757-34A0611, Revision 1,
dated March 22, 2019.
    (iii) Boeing Alert Service Bulletin 767-34A0828, dated December
6, 2018.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.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, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on December 9, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-27887 Filed 12-27-19; 8:45 am]
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