[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Rules and Regulations]
[Pages 23703-23710]
[FR Doc No: 2019-10748]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0790; Product Identifier 2018-NM-078-AD; Amendment
39-19629; AD 2019-08-08]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2010-14-05,
which applied to certain Bombardier, Inc., Model CL-600-1A11 (600), CL-
600-2A12 (601), and CL-600-2B16 (601-3A, 601-3R, and 604 Variants)
airplanes. AD 2010-14-05 required inspection for the part numbers of
the system and brake accumulators, and repetitive replacement of
affected accumulators. This AD adds requirements for relocating the
accumulators and revising the existing maintenance or inspection
program to incorporate new or more restrictive airworthiness
limitations. This AD also adds optional terminating action for certain
airplanes. This AD was prompted by reports of on-ground hydraulic
accumulator screw cap or end cap failure that resulted in the loss of
the associated hydraulic system and high-energy impact damage to
adjacent systems and structure. We are issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective June 27, 2019.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 27,
2019.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-866-
538-1247 or direct-dial telephone 1-514-855-2999; email
<EMAIL_ADDRESS>internet http://www.bombardier.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-2018-0790.

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-
0790; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer,
Mechanical Systems & Administrative Services, FAA, New York ACO Branch,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7323; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2010-14-05, Amendment 39-16350 (75 FR 37994,
July 1, 2010) (``AD 2010-14-05''). AD 2010-14-05 applied to certain
Bombardier, Inc., Model CL-600-1A11 (600), CL-600-2A12 (601), and CL-
600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. The NPRM
published in the Federal Register on September 14, 2018 (83 FR 46670).
The NPRM was prompted by reports of on-ground hydraulic accumulator
screw cap or end cap failure that resulted in the loss of the
associated hydraulic system and high-energy impact damage to adjacent
systems and structure. The NPRM proposed to continue to require
inspection for the part numbers of the system and brake accumulators,
and repetitive replacement of affected accumulators. The NPRM also
proposed to require relocating the accumulators and revising the
existing maintenance or inspection program to incorporate new or more
restrictive airworthiness limitations. The NPRM also proposed to add
optional terminating action for certain airplanes. We are issuing this
AD to address failure of one of the brake accumulator screw caps/end
caps, which could result in impact damage causing loss of both
hydraulic systems No. 2 and No. 3, and the consequent loss of both
braking and nose wheel steering, the potential for a runway excursion,
and damage to the airplane.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2009-39R1, dated
October 13, 2017 (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 (600), CL-
600-2A12 (601), and CL-600-2B16 (601-3A, 601-3R, and 604 Variants)
airplanes. The MCAI states:

    Seven cases of on-ground hydraulic accumulator screw cap or end
cap failure have been experienced on CL-600-2B19 (CRJ) aircraft,
resulting in loss of the associated hydraulic system and high-energy
impact damage to adjacent systems and structure. The lowest number
of flight cycles accumulated at the time of failure, to date, has
been 6991 flight cycles.
    Although there have been no failures to date on any CL-600-1A11,
CL-600-2A12 or CL-600-2B16 aircraft, the same accumulators as those
installed on the CL-600-2B19, Part Numbers (P/N) 08-60163-002 and
08-60164-002 are installed on some of the aircraft listed in the
Applicability section of this directive.
    Notes:
    1. Earlier accumulators, P/Ns 2770571-102, 2770571-103, 2770571-
104 and 2770571-105, were installed in production on the following
aircraft: CL-600-1A11 [all Serial Numbers (S/Ns)], CL-600-2A12 (all
S/Ns) and CL-600-2B16 (S/Ns 5001 through 5194 and 5301 through 5524
only). These accumulators do not require inspection or replacement.
However, if any of the accumulators with the above P/Ns have been
replaced in-service by P/Ns 08-60163-002 and 08-60164-002, these
latter accumulators require replacement.

    2. Prior to issuance of [Canadian] AD CF-2009-39, the only
accumulators ever installed in production on CL-600-2B16 aircraft,
S/Ns 5525 through 5665 and 5701 through 5908, are P/Ns 08-60163-002
and 08-60164-002; these accumulators require replacement.
    3. After issuance of [Canadian] AD CF-2009-39 [which corresponds
to FAA AD 2010-14-05], accumulators with P/Ns specified in Note 2,
above, began to feature various S/N suffixes. Only accumulators with
S/N suffix ``TNAE'' do not require replacement, but they are subject
to other mandatory actions detailed in this AD.
    4. Stainless steel accumulators P/Ns 601R75139-3 (11094-4) and
601R75139-1 (11093-4) were installed in production on CL-600-2B16
aircraft, S/Ns 5909 and subsequent. These accumulators do not
require replacement, but they are subjected to other mandatory
actions detailed in this AD.
    A detailed analysis of the systems and structure in the
potential line of trajectory of a failed screw cap/end cap for each
accumulator, P/Ns 08-60163-002 and 08-60164-002, has been conducted.
On the Challengers, it has been identified that the worst case
scenario would be a failure of system No. 1, 2 or 3 accumulator
screw caps/end caps (depending on the model), resulting in a
potential uncontrolled fire in a non-designated fire zone.
    The original version of this [Canadian] AD gave instructions to
perform identification and records checks, where applicable, and
replace accumulators, P/Ns 08-60163-002 and 08-60164-002 within the
time compliance specified.
* * * * *
    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-
0790.

Comments

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

Request To Refer to Latest Service Information

    Bombardier requested that we refer to the latest version of the
service information: Bombardier Challenger CL-605 Time Limits/
Maintenance Checks (TLMC), Revision 19, dated May 29, 2018.
    We agree to refer to the latest service information. The specific
tasks required by paragraph (j) of this AD have not changed in the
latest available service information. The current version of the
Bombardier Challenger CL-605 Time Limits/Maintenance Checks, Part 2,
Airworthiness Limitations, is Revision 20, dated November 19, 2018. We
have changed all references accordingly in this final rule, with credit
provided in paragraph (l)(6) of this AD for the prior accomplishment of
Revision 18, dated December 4, 2017, and Revision 19, dated May 29,
2018.
    The current version of the Bombardier Challenger CL-604 Time
Limits/Maintenance Checks, Part 2, Airworthiness Limitations, is
Revision 31, dated November 19, 2018. We have changed all references
accordingly in this final rule, with credit provided in paragraph
(l)(5) of this AD for the prior accomplishment of Revision 30, dated
December 4, 2017.

Request for Minor Editorial Changes

    Bombardier requested several minor changes to the NPRM, including
correcting a typographical error in an email address, updating the
address for Bombardier, updating the airplane identity to match the
models and variants as listed on the current type certificate data
sheet (TCDS), and clarifying part numbers and service bulletin numbers.
We agree and have revised this AD accordingly.

Request To Revise Model Callout

    Bombardier asked us to change ``604 Variants'' to ``604 Variant''
in the SUMMARY and ``Actions Since AD 2010-14-05 Was Issued'' section
of the NPRM.
    We disagree with this request because there are multiple variants
for the CL-600-2B16 airplanes. We have not changed this final rule
regarding this issue.

Comment Regarding TLMC Revision Status

    Bombardier noted that the TLMC revisions listed in figure 2 to
paragraph (j) of this AD are the latest versions published on the
customer website and not when the tasks were introduced. No change was
requested or made.

Request To Clarify Applicability

    Bombardier requested that we revise the applicability for Model CL-
600-2B16 airplanes in paragraph (c)(5) of the proposed AD by changing
serial numbers ``5701 and subsequent'' to ``5701 through 5988.''
    We agree to make this change. We have determined that production
for this model ended with serial number 5988; therefore, there is no
change to the affected airplanes in this AD.

Request To Revise Certain Airplanes Subject to Accumulator Relocation

    Bombardier requested that we revise the affected airplanes
identified in paragraph (i)(4) of the proposed AD, from ``S/Ns 5701 and
subsequent'' to ``S/Ns 5701 to 5982.''
    We agree with the request. We have determined that accumulators on
airplanes with serial numbers after 5982 have been relocated. We have
revised paragraph (i)(4) of this AD accordingly.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    The following Bombardier service information describes procedures
for replacing hydraulic system accumulators with new, overhauled, or
refurbished accumulators. These documents are distinct since they apply
to different airplane models.
     Service Bulletin 600-0742, Revision 04, dated June 11,
2015.
     Service Bulletin 601-0597, Revision 04, dated June 11,
2015.
     Service Bulletin 604-29-008, Revision 04, dated June 11,
2015.
     Service Bulletin 605-29-001, Revision 04, dated June 10,
2015.
    The following Bombardier service information describes procedures
for relocating hydraulic system accumulators. These documents are
distinct since they apply to different airplane models in different
configurations.
     Service Bulletin 600-0764, dated October 8, 2015.
     Service Bulletin 600-0767, dated August 25, 2016.
     Service Bulletin 601-0633, dated October 8, 2015.
     Service Bulletin 601-0637, dated August 25, 2016.
     Service Bulletin 604-29-013, Revision 02, dated April 18,
2016.
     Service Bulletin 605-29-006, Revision 02, dated April 19,
2016.
    The following Bombardier Time Limits/Maintenance Checks describe
certain systems life limits of the safe life items. These documents are
distinct since they apply to different airplane models in different
configurations.
     Section 5-10-20, Time Limits (Systems), of the Bombardier
Challenger 600 Time Limits/Maintenance Checks, PSP 605, Revision 39,
dated January 8, 2018.

     Section 5-10-20, Time Limits (Systems), of the Bombardier
Challenger 601 Time Limits/Maintenance Checks, PSP 601-5, Revision 46,
dated January 8, 2018.
     Section 5-10-20, Time Limits (Systems), of the Bombardier
Challenger 601 Time Limits/Maintenance Checks, PSP 601A-5, Revision 42,
dated January 8, 2018.
     Section 5-10-11, Life Limits (Systems), of the Bombardier
Challenger CL-604 Time Limits/Maintenance Checks, Part 2, Airworthiness
Limitations, Revision 31, dated November 19, 2018.
     Section 5-10-11, Life Limits (Systems), of the Bombardier
Challenger CL-605 Time Limits/Maintenance Checks, Part 2, Airworthiness
Limitations, Revision 20, dated November 19, 2018.
    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 130 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
           Labor cost                  Parts cost        Cost per product          Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Retained actions: 20 work-hours   $7,717.............  $9,417.............  $1,224,210.
 x $85 per hour = $1,700.
New actions: Up to 170 work-      Up to $41,635......  Up to $56,085......  Up to $7,291,050.
 hours x $85 per hour = Up to
 $14,450.
----------------------------------------------------------------------------------------------------------------

    For the new maintenance/inspection program revision, we have
determined that this action 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, 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).
    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all known costs in our cost
estimate.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2010-14-05, Amendment 39-16350 (75 FR 37994, July 1, 2010), and adding
the following new AD:

2019-08-08 Bombardier, Inc.: Amendment 39-19629; Docket No. FAA-
2018-0790; Product Identifier 2018-NM-078-AD.

(a) Effective Date

    This AD is effective June 27, 2019.

(b) Affected ADs

    This AD replaces AD 2010-14-05, Amendment 39-16350 (75 FR 37994,
July 1, 2010) (``AD 2010-14-05'').

(c) Applicability

    This AD applies to the Bombardier, Inc., airplanes, certificated
in any category, identified in paragraphs (c)(1) through (c)(5) of
this AD.
    (1) Model CL-600-1A11 (600) airplanes, serial numbers 1004
through 1085 inclusive.
    (2) Model CL-600-2A12 (601) airplanes, serial numbers 3001
through 3066 inclusive.
    (3) Model CL-600-2B16 airplanes (601-3A Variant), serial numbers
5001 through 5134 inclusive.
    (4) Model CL-600-2B16 airplanes (601-3R Variant), serial numbers
5135 through 5194 inclusive.
    (5) Model CL-600-2B16 airplanes (604 Variant), serial numbers
5301 through 5665 inclusive and 5701 through 5988 inclusive.

    Note 1 to paragraph (c) of this AD:  Certain Model CL-600-2B16
(604 Variant) airplanes

might be referred to by the marketing designation CL-605.

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic
power.

(e) Reason

    This AD was prompted by reports of on-ground hydraulic
accumulator screw cap or end cap failure that resulted in the loss
of the associated hydraulic system and high-energy impact damage to
adjacent systems and structure. We are issuing this AD to address
failure of one of the brake accumulator screw caps/end caps, which
could result in impact damage causing loss of both hydraulic systems
No. 2 and No. 3, and the consequent loss of both braking and nose
wheel steering, the potential for a runway excursion, and damage to
the airplane.

(f) Compliance

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

(g) Retained Part Number Inspection and Accumulator Replacement, With
Revised Formatting, Service Information, and Affected Part Numbers

    This paragraph restates the requirements of paragraph (g) of AD
2010-14-05, with revised formatting, service information, and
affected part numbers. Do the following actions as applicable.
    (1) Within 50 flight hours after August 5, 2010 (the effective
date of AD 2010-14-05), inspect to determine the part numbers of the
system accumulators numbers 1, 2, and 3, and brake accumulators
numbers 2 and 3 that are installed on the airplane. A review of
airplane maintenance records is acceptable in lieu of this
inspection if the part number of each accumulator can be
conclusively determined from that review. If all of the installed
accumulators have part number (P/N) 2770571-102, 2770571-103,
2770571-104, 2770571-105, 601R75139-3 (11094-4), or 601R75139-1
(11093-4), no further action is required by paragraph (g) of this
AD.
    (2) Except as provided in paragraph (g)(1) of this AD: At the
applicable time in paragraph (g)(2)(i), (g)(2)(ii), or (g)(2)(iii)
of this AD, replace the accumulator with a new, overhauled, or
refurbished accumulator with the same part number, in accordance
with the Accomplishment Instructions of the applicable service
bulletin listed in figure 1 to paragraphs (g)(2) and (g)(3) of this
AD.
    (i) For each accumulator having P/Ns 08-60163-002 (601R75138-1),
and 08-60164-002 (601R75138-3), as applicable, that has accumulated
more than 3,650 total flight cycles as of August 5, 2010 (the
effective date of AD 2010-14-05): Replace the accumulator within 100
flight cycles after August 5, 2010.
    (ii) For each accumulator having P/N 08-60163-002 (601R75138-1),
and 08-60164-002 (601R75138-3), as applicable, that has accumulated
3,650 total flight cycles or fewer as of August 5, 2010: Replace the
accumulator before the accumulation of 3,750 total flight cycles on
the accumulator.
    (iii) For each accumulator having P/N 08-60163-002 (601R75138-
1), and 08-60164-002 (601R75138-3), as applicable, for which it is
not possible to determine the number of flight cycles accumulated:
Replace the accumulator within 100 flight cycles after August 5,
2010.
[GRAPHIC] [TIFF OMITTED] TR23MY19.001

    (3) Thereafter, before the accumulation of 3,750 total flight
cycles on any accumulator having P/Ns 08-60163-002 (601R75138-1),
and 08-60164-002 (601R75138-3), as applicable, replace the
accumulator with a new, overhauled, or refurbished accumulator
having the same part number, in accordance with the Accomplishment
Instructions of the applicable service bulletin listed in figure 1
to paragraphs (g)(2) and (g)(3) of this AD.

(h) New Provision of This AD: Terminating Action for Certain
Accumulators

    For each accumulator with one of the part number and serial
number (S/N) suffixes listed in paragraphs (h)(1) through (h)(4) of
this AD, the repetitive replacement specified in paragraphs (g)(2)
and (g)(3) of this AD is not required.
    (1) P/N 08-60163-002 with S/N suffix TNAE.
    (2) P/N 08-60164-002 with S/N suffix TNAE.
    (3) P/N 601R75139-3 (11094-4).
    (4) P/N 601R75139-1 (11093-4).

(i) New Requirement of This AD: Relocation of Accumulators

    Within 60 months or 2,400 flight cycles, whichever occurs first
after the effective date of this AD, relocate the hydraulic system
accumulators as specified in paragraphs (i)(1) through (i)(4) of
this AD, as applicable. Relocation of the hydraulic system
accumulators as required by this paragraph does not terminate any
repetitive replacement required by paragraph (g)(2) or (g)(3) of
this AD.
    (1) For Model CL-600-1A11 (600) airplanes, S/Ns 1004 through
1085 inclusive: Relocate accumulators as specified in paragraphs
(i)(1)(i) and (i)(1)(ii) of this AD.
    (i) Relocate hydraulic system Nos. 1 and 2 accumulators, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 600-0764, dated October 8, 2015.
    (ii) Relocate hydraulic system No. 3 accumulator, in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
600-0767, dated August 25, 2016.
    (2) For Model CL-600-2A12 (601) airplanes, S/Ns 3001 through
3066 inclusive, and Model CL-600-2B16 (601-3A and 601-3R Variants)
airplanes, S/Ns 5001 through 5194 inclusive: Relocate accumulators
as specified in paragraphs (i)(2)(i) and (i)(2)(ii) of this AD.
    (i) Relocate hydraulic system Nos. 1 and 2 accumulators, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 601-0633, dated October 8, 2015.

    (ii) Relocate hydraulic system No. 3 accumulator, in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
601-0637, dated August 25, 2016.
    (3) For Model CL-600-2B16 (604 Variant) airplanes, S/Ns 5301
through 5665 inclusive: Relocate hydraulic system No. 3 accumulator,
in accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 604-29-013, Revision 02, dated April 18, 2016.
    (4) For Model CL-600-2B16 (605) airplanes, S/Ns 5701 through
5982 inclusive and subsequent (i.e., Model CL-600-2B16 (604
Variant), referred to by the marketing designation CL-605): Relocate
hydraulic system No. 3 accumulator, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 605-29-
006, Revision 02, dated April 19, 2016.

(j) New Requirement of This AD: Revision of Maintenance/Inspection
Program

    Within 50 flight hours after the effective date of this AD,
revise the maintenance or inspection program, as applicable, to
incorporate the tasks specified in figure 2 to paragraph (j) of this
AD.
BILLING CODE 4910-13-P
[GRAPHIC] [TIFF OMITTED] TR23MY19.002

[GRAPHIC] [TIFF OMITTED] TR23MY19.003

BILLING CODE 4910-13-C

(k) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (j) 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 (n)(1) of
this AD.

(l) Credit for Previous Actions

    (1) Replacement of an accumulator with a new accumulator having
the same part number is also acceptable for compliance with the
requirements of paragraphs (g)(2) and (g)(3) of this AD, if done
before August 5, 2010 (the effective date of AD 2010-14-05), in
accordance with the applicable service bulletin listed in figure 3
to paragraph (l)(1) of this AD. This service information is not
incorporated by reference in this AD.
BILLING CODE 4910-13-P

[GRAPHIC] [TIFF OMITTED] TR23MY19.004

    (2) Replacement of an accumulator with a new accumulator having
the same part number is also acceptable for compliance with the
requirements of paragraphs (g)(2) and (g)(3) of this AD, if done
before the effective date of this AD in accordance with the
applicable service bulletin listed in figure 4 to paragraph (l)(2)
of this AD.
[GRAPHIC] [TIFF OMITTED] TR23MY19.005

BILLING CODE 4910-13-C
    (3) This paragraph provides credit for actions required by
paragraph (i)(3) of this AD, if those actions were performed before
the effective date of this AD, in accordance with Bombardier Service
Bulletin 604-29-013, dated April 30, 2015; or Bombardier Service
Bulletin 604-29-013, Revision 01, dated October 19, 2015. This
service information is not incorporated by reference in this AD.
    (4) This paragraph provides credit for actions required by
paragraph (i)(4) of this AD, if those actions were performed before
the effective date of this AD, in accordance with Bombardier Service
Bulletin 605-29-006, dated April 30, 2015; or Bombardier Service
Bulletin 605-29-006, Revision 01, dated October 19, 2015. This
service information is not incorporated by reference in this AD.
    (5) For Model CL-600-2B16 (604 Variant) airplanes: This
paragraph provides credit for the actions required by paragraph (j)
of this AD, if those actions were performed before the effective
date of this AD using Section 5-10-11, Life Limits (Systems), of the
Bombardier Challenger CL-604 Time Limits/Maintenance Checks, Part 2,
Airworthiness Limitations, Revision 30, dated December 4, 2017. This
service information is not incorporated by reference in this AD.
    (6) For Model CL-600-2B16 (605) airplanes: This paragraph
provides credit for the actions required by paragraph (j) of this AD
for, if those actions were performed before the effective date of
this AD using Section 5-10-11, Life Limits (Systems), of the
Bombardier Challenger CL-605 Time Limits/Maintenance Checks, Part 2,
Airworthiness Limitations, Revision 18, dated December 4, 2017; or
Revision 19, dated May 29, 2018. This service information is not
incorporated by reference in this AD.

(m) Special Flight Permit

    Special flight permits may be issued in accordance with sections
21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199) to operate the airplane to a location where the airplane
can be modified, provided the following conditions are met:
    (1) An engineering recommendation must be obtained via the
Bombardier process Service Request for Product Support Action
(SRPSA) at<EMAIL_ADDRESS>    (2) Approval of the special flight permit must be obtained from
the Flight Standards District Office.

(n) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch.
    (i) 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.
    (ii) AMOC 15-76R1 and AMOC 15-53, approved previously for AD
2010-14-05, are approved as AMOCs for the corresponding provisions
of paragraph (g)(2) 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
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier's TCCA Design Approval Organization (DAO). If approved by
the DAO, the approval must include the DAO-authorized signature.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2009-39R1, dated October 13, 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-2018-0790.
    (2) For more information about this AD, contact Darren Gassetto,
Aerospace Engineer, Mechanical Systems & Administrative Services,
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (p)(5) and (p)(6) of this AD.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
June 27, 2019.
    (i) Bombardier Service Bulletin 600-0742, Revision 04, dated
June 11, 2015.
    (ii) Bombardier Service Bulletin 600-0764, dated October 8,
2015.
    (iii) Bombardier Service Bulletin 600-0767, dated August 25,
2016.
    (iv) Bombardier Service Bulletin 601-0597, Revision 04, dated
June 11, 2015.
    (v) Bombardier Service Bulletin 601-0633, dated October 8, 2015.
    (vi) Bombardier Service Bulletin 601-0637, dated August 25,
2016.
    (vii) Bombardier Service Bulletin 604-29-008, Revision 04, dated
June 11, 2015.
    (viii) Bombardier Service Bulletin 604-29-013, Revision 02,
dated April 18, 2016.
    (ix) Bombardier Service Bulletin 605-29-001, Revision 04, dated
June 10, 2015.
    (x) Bombardier Service Bulletin 605-29-006, Revision 02, dated
April 19, 2016.
    (xi) Section 5-10-11, Life Limits (Systems), of the Bombardier
Challenger CL-604 Time Limits/Maintenance Checks, Part 2,
Airworthiness Limitations, Revision 31, dated November 19, 2018.
    (xii) Section 5-10-11, Life Limits (Systems), of the Bombardier
Challenger CL-605 Time Limits/Maintenance Checks, Part 2,
Airworthiness Limitations, Revision 20, dated November 19, 2018.
    (xiii) Section 5-10-20, Time Limits (Systems), of the Bombardier
Challenger 600 Time Limits/Maintenance Checks, PSP 605, Revision 39,
dated January 8, 2018.
    (xiv) Section 5-10-20, Time Limits (Systems), of the Bombardier
Challenger 601 Time Limits/Maintenance Checks, PSP 601-5, Revision
46, dated January 8, 2018.
    (xv) Section 5-10-20, Time Limits (Systems), of the Bombardier
Challenger 601 Time Limits/Maintenance Checks, PSP 601A-5, Revision
42, dated January 8, 2018.
    (4) For service information identified in this AD, contact
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-
866-538-1247 or direct-dial telephone 1-514-855-2999; email
<EMAIL_ADDRESS>internet http://www.bombardier.com.
    (5) 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.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on April 25, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-10748 Filed 5-22-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Notices]
[Page 44852]
[FR Doc No: 2016-16239]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Number: PR16-51-001.
    Applicants: DCP Guadalupe Pipeline, LLC.
    Description: Tariff filing per 284.123(b), (e): Amended SOC and
supplemental information per 284.123(g)(7). Effective 5/1/2016; Filing
Type: 1270.
    Filed Date: 6/24/2016.
    Accession Number:<PHONE_NUMBER>98, http://elibrary.ferc.gov/idmws/doc_info.asp?accession_num=20160415-5222.
    Comments Due: 5 p.m. ET 7/15/16.
    284.123(g) Protests Due: 5 p.m. ET 7/15/16.

    Docket Number: PR16-60-000.
    Applicants: Enable Oklahoma Intrastate Transmission, LLC.
    Description: Tariff filing per 284.123(e) + (g): Revised
Transportation SOC 2016 to be effective 7/25/2016; Filing Type: 1280.
    Filed Date: 6/23/2016.
    Accession Number:<PHONE_NUMBER>63, http://elibrary.ferc.gov/idmws/doc_info.asp?accession_num=20160415-5222.
    Comments Due: 5 p.m. ET 7/14/16.
    284.123(g) Protests Due: 5 p.m. ET 8/22/16.

    Docket Numbers: RP16-1041-000.
    Applicants: Enable Mississippi River Transmission, L.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing to
Remove Union Electric #3668 Effective 5_25_16 to be effective 5/25/
2016.
    Filed Date: 6/23/16.
    Accession Number: 20160623-5132.
    Comments Due: 5 p.m. ET 7/5/16.

    Docket Numbers: RP16-1042-000.
    Applicants: Granite State Gas Transmission, Inc.
    Description: Sec.  4(d) Rate Filing: Section 4 Rate Change to be
effective 8/1/2016.
    Filed Date: 6/24/16.
    Accession Number: 20160624-5142.
    Comments Due: 5 p.m. ET 7/6/16.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). Protests may be considered,
but intervention is necessary to become a party to the proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP95-408-083.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Annual Report on Sharing Profits from Base Gas Sales
with Customers of Columbia Gas Transmission, LLC under RP95-408.
    Filed Date: 4/29/16.
    Accession Number: 20160429-5550.
    Comments Due: 5 p.m. ET 7/6/16.

    Docket Numbers: RP16-872-001.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Compliance filing Non-Conforming Negotiated TSA
Compliance Filing (Anadarko) to be effective 8/1/2016.
    Filed Date: 6/24/16.
    Accession Number: 20160624-5091.
    Comments Due: 5 p.m. ET 7/6/16.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 27, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-16239 Filed 7-8-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Notices]
[Pages 58757-58758]
[FR Doc No: 2014-23192]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG14-106-000.
    Applicants: Palo Duro Wind Interconnection Services, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Palo Duro Wind Interconnection Services, LLC.
    Filed Date: 9/19/14.
    Accession Number: 20140919-5129.
    Comments Due: 5 p.m. ET 10/10/14.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-3697-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company Informational
Filing of Notice of Revision to Formula Transmission Rate Annual
Update.
    Filed Date: 9/17/14.
    Accession Number: 20140917-5173.
    Comments Due: 5 p.m. ET 10/8/14.

    Docket Numbers: ER12-2302-003.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing per 35: 2014-09-19SSR
Compliance Filing to be effective 9/24/2012.
    Filed Date: 9/19/14.
    Accession Number: 20140919-5085.
    Comments Due: 5 p.m. ET 10/10/14.

    Docket Numbers: ER14-2487-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment per 35.17(b): 2014-09-19SA
762 Termination Amendment ATC-Dominion to be effective 7/16/2014.
    Filed Date: 9/19/14.
    Accession Number: 20140919-5018.
    Comments Due: 5 p.m. ET 10/10/14.

    Docket Numbers: ER14-2577-001.
    Applicants: El Paso Electric Company.
    Description: Compliance filing per 35: OATT Order No. 792
Compliance Filing to be effective 10/3/2014.
    Filed Date: 9/19/14.
    Accession Number: 20140919-5103.
    Comments Due: 5 p.m. ET 10/10/14.

    Docket Numbers: ER14-2667-001.
    Applicants: EquiPower Resources Management, LLC.
    Description: Tariff Amendment per 35.17(b): Amendment to 257 to be
effective 8/19/2014.
    Filed Date: 9/19/14.
    Accession Number: 20140919-5096.
    Comments Due: 5 p.m. ET 10/10/14.

    Docket Numbers: ER14-2728-001.
    Applicants: Wisconsin Public Service Corporation.
    Description: Tariff Amendment per 35.17(b): Amendment to Ancillary
Services Tariff in Docket ER14-2728 to be effective 8/28/2014.
    Filed Date: 9/19/14.
    Accession Number: 20140919-5034.
    Comments Due: 5 p.m. ET 10/10/14.

    Docket Numbers: ER14-2909-000.
    Applicants: Idaho Power Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii):
Concurrence to Amended Boardman Agreement to be effective 11/1/2014.
    Filed Date: 9/19/14.
    Accession Number: 20140919-5001.
    Comments Due: 5 p.m. ET 10/10/14.

    Docket Numbers: ER14-2910-000.
    Applicants: Southwest Power Pool, Inc.

    Description: Notice of Cancellation of Firm Point-To-Point
Transmission Service Agreement No. 2027 of Southwest Power Pool, Inc.
    Filed Date: 9/18/14.
    Accession Number: 20140918-5133.
    Comments Due: 5 p.m. ET 10/9/14.

    Docket Numbers: ER14-2911-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2014-
09-19SA 2696 ITC Midwest-Interstate Power J233 E&P to be
effective 9/20/2014.
    Filed Date: 9/19/14.
    Accession Number: 20140919-5044.
    Comments Due: 5 p.m. ET 10/10/14.

    Docket Numbers: ER14-2912-000.
    Applicants: White Pine Electric Power L.L.C.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): MBR
Tariff Revisions to be effective 11/18/2014.
    Filed Date: 9/19/14.
    Accession Number: 20140919-5054.
    Comments Due: 5 p.m. ET 10/10/14.

    Docket Numbers: ER14-2913-000.
    Applicants: UP Power Marketing LLC.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): MBR
Tariff Revisions to be effective 11/18/2014.
    Filed Date: 9/19/14.
    Accession Number: 20140919-5069.
    Comments Due: 5 p.m. ET 10/10/14.

    Docket Numbers: ER14-2914-000.
    Applicants: Public Service Company of New Mexico.
    Description: Compliance filing per 35: Revisions to PNM's OATT to
Integrate the Requirements of Order No. 789 to be effective 10/1/2014.
    Filed Date: 9/19/14.
    Accession Number: 20140919-5079.
    Comments Due: 5 p.m. ET 10/10/14.

    Docket Numbers: ER14-2915-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): PJM
revisions to OA Section 1.42A.02 re Supplemental Project to be
effective 11/19/2014.
    Filed Date: 9/19/14.
    Accession Number: 20140919-5104.
    Comments Due: 5 p.m. ET 10/10/14.

    Docket Numbers: ER14-2916-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2014-
09-19SA 2698 OTP-Courtenay Wind Farm GIA (J262/J263) to be
effective 9/20/2014.
    Filed Date: 9/19/14.
    Accession Number: 20140919-5113.
    Comments Due: 5 p.m. ET 10/10/14.

    Docket Numbers: ER14-2917-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2014-
09-19SA 2622 Termination OTP-Courtenay Wind Farm E&P (J262/
J263) to be effective 9/20/2014.
    Filed Date: 9/19/14.
    Accession Number: 20140919-5115.
    Comments Due: 5 p.m. ET 10/10/14.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH14-14-000.
    Applicants: Continental Energy Systems LLC.
    Description: Continental Energy Systems LLC submits FERC 65-A
Exemption Notification.
    Filed Date: 9/19/14.
    Accession Number: 20140919-5102.
    Comments Due: 5 p.m. ET 10/10/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 19, 2014.
 Nathaniel J. Davis, Sr.,
 Deputy Secretary.
[FR Doc. 2014-23192 Filed 9-29-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 25 (Wednesday, February 6, 2013)]
[Notices]
[Pages 8652-8655]
[FR Doc No: 2013-02558]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68790; File No. SR-BYX-2013-003]

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend BYX
Rules Related to Price Sliding Functionality

January 31, 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 January 25, 2013, BATS Y-Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

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

    The Exchange is proposing to amend Rule 11.9, entitled ``Orders and
Modifiers'' to modify the operation of the Exchange's price sliding
functionality described in BYX Rule 11.9.
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange currently offers various forms of sliding which, in
all cases, result in the ranking and/or display of an order at a price
other than an order's limit price in order to comply with applicable
securities laws and/or Exchange rules. Specifically, the Exchange
currently offers price sliding to ensure compliance with Regulation NMS
and Regulation SHO. Price sliding currently offered by the Exchange re-
prices and displays an order upon entry and in certain cases again re-
prices and re-displays an order at a more aggressive price based on
changes in the national best bid (``NBB'') or national best offer
(``NBO'', and together with the NBB, the ``NBBO''). As described below,
the Exchange proposes to modify the operation of display-price sliding
in the event the Exchange displays an order subject to price sliding as
a Protected

Quotation \5\ and such order's displayed price is locked or crossed by
another market.
---------------------------------------------------------------------------

    \5\ As defined in BYX Rule 1.5(t) a ``Protected Quotation'' is
``a quotation that is a Protected Bid or Protected Offer.'' In turn,
the term ``Protected Bid'' or ``Protected Offer'' means ``a bid or
offer in a stock that is (i) displayed by an automated trading
center; (ii) disseminated pursuant to an effective national market
system plan; and (iii) an automated quotation that is the best bid
or best offer of a national securities exchange or association.''
---------------------------------------------------------------------------

    Under the Exchange's current rules, if, at the time of entry, an
order would lock or cross a Protected Quotation displayed by another
trading center the Exchange ranks orders subject to display-price
sliding at the locking price and displays such orders at one minimum
price variation below the current NBO (for bids) or to one minimum
price variation above the current NBB (for offers). Following the
initial ranking and display of an order subject to display-price
sliding, an order is typically only re-ranked and re-displayed to the
extent it achieves a more aggressive price. However, the Exchange
proposes to re-rank an order at the same price as the displayed price
(i.e., a less aggressive price) in the event such order's displayed
price is locked or crossed by a Protected Quotation of an external
market.\6\ This will avoid the potential of a ranked price that crosses
the Protected Quotation displayed by such external market, which could,
in turn, lead to a trade through of such Protected Quotation at such
ranked price. The Exchange notes that, as described below, when an
external market crosses the Exchange's Protected Quotation and the
Exchange's Protected Quotation is a displayed order subject to price
sliding, the Exchange proposes to re-rank such order at the displayed
price. Thus, the order displayed by the Exchange will still be ranked
and permitted to execute at a price that crosses the other market's
Protected Quotation, which is consistent with Rule 611(b)(4) of
Regulation NMS.\7\
---------------------------------------------------------------------------

    \6\ The Exchange notes that as a general matter Regulation NMS
should prevent external markets from displaying Protected Quotations
that lock or cross Protected Quotations displayed by the Exchange.
However, in a dynamic market, such an event can and does happen for
a variety of reasons. For example, if the Exchange updates its
Protected Quotation for a security at the same time another market
updates its contra-side Protected Quotation, it is possible that
such quotations lock or cross each other. Neither the Exchange nor
the other market would know in this circumstance that such
quotations would lock or cross each other when publishing their
quotation updates. As another example, in the event another market
receives an intermarket sweep order, such market may permissibly
display such order without regard to other Protected Quotations,
including quotations displayed by the Exchange that lock or cross
such order.
    \7\ 17 CFR 242.611(b)(4).
---------------------------------------------------------------------------

    As an example of the behavior described above, assume the Exchange
has a posted and displayed bid to buy 100 shares of a security priced
at $10.10 per share and a posted and displayed offer to sell 100 shares
at $10.13 per share. Assume the NBBO is $10.10 by $10.12. If the
Exchange receives a non-routable bid to buy 100 shares at $10.12 per
share the Exchange will rank the order to buy at $10.12 and display the
order at $10.11 because displaying the bid at $10.12 would lock an
external market's Protected Offer to sell for $10.12. If an external
market then updated its Protected Offer to $10.11, thus locking the
Exchange's displayed bid (i.e., the order subject to price sliding that
is ranked at $10.12 and displayed at $10.11), then the Exchange
proposes to modify the ranked price of such bid to the same price as
the displayed price (i.e., $10.11). By re-ranking the bid in this
example to $10.11, the Exchange will not allow an order to maintain a
ranked price that is crossing the NBO when the displayed price of such
order is locking the NBO, and thus, such order will not have the
ability to trade through the NBO if the Exchange receives a marketable
contra-side offer during the locked market condition.
    The Exchange notes that as proposed when an external market
publishes a Protected Quotation that crosses an order displayed by the
Exchange, the Exchange has proposed to slide the ranked price of its
displayed order to the displayed price. Thus, an order will still be
permitted to be ranked at a price that crosses an external market's
Protected Quotation, and could thus trade through such quotation if
executed. For instance, using the example above, assume that the NBBO
is $10.10 by $10.12 and the Exchange has a price slid bid to buy 100
shares that is ranked at $10.12 and displayed at $10.11. If an external
market then updated its Protected Offer to $10.10, thus crossing the
Exchange's displayed bid (i.e., the order subject to price sliding that
is ranked at $10.12 and displayed at $10.11), then the Exchange will
modify the ranked price of such bid to the same price as the displayed
price (i.e., $10.11). The order displayed by the Exchange will be
permitted to remain executable at a price that crosses the other
market's Protected Offer. The Exchange has proposed this functionality
because it is consistent with its proposed functionality when an
external market locks the Exchange's Protected Quotation. While the
Exchange believes such an order should still be permitted to execute
pursuant to the exception in Regulation NMS when the market is crossed,
and does not believe that the displayed price of its Protected
Quotations should be adjusted based on another market published
Protected Quotations that lock or cross such quotations, the Exchange
believes that executing such an order at the displayed price of such
order is a better result because the existence of a crossing quotation
is evidence of some price discrepancy in the market. The Exchange also
believes that consistency between the functionality when the Exchange's
quotation is locked and when the Exchange's quotation is crossed is
preferable.\8\
---------------------------------------------------------------------------

    \8\ Id.
---------------------------------------------------------------------------

    The Exchange also proposes to make clear that this re-ranking will
not result in a change in priority for the order at its displayed
price. For instance, in the example above, assume the bid described had
been posted and displayed at $10.11 and ranked at $10.12 (``Order A''),
and then a later arriving bid is received by the Exchange at $10.11
(``Order B'') and posted as well, with priority behind Order A. If the
Exchange then re-ranks Order A because it has been locked or crossed by
another market center's Protected Quotation, the Exchange does not
believe it would be fair to cause such order to lose priority when it
was originally first in priority amongst displayed orders on the
Exchange.
    As set forth in the Exchange's current price sliding rules, the
ranked and displayed prices of an order subject to display-price
sliding may be adjusted once or multiple times depending upon the
instructions of a User \9\ and changes to the prevailing NBBO. The
Exchange's default price sliding process slides and ranks an order on
entry so that it is ranked at the locking price and displayed at one
price less aggressive and then unslides the order so that it is
displayed at the ranked/locking price one time if such display becomes
permissible. Multiple price sliding continues to rank and display
orders at the most aggressive permissible prices based on changes to
the NBBO. Multiple price sliding is optional and must be explicitly
selected by a User before it will be applied. The Exchange proposes to
make clear that, in connection with the changes above, if an order
subject to the Exchange's default price sliding process has been locked
or crossed by a Protected Quotation of an external market then the
Exchange will adjust the ranked price of such order and it will not be
further re-ranked or re-

displayed at any other price. While in most circumstances the Exchange
unslides orders subject to price sliding to a more aggressive price
when permissible, in this limited circumstance, when such an order's
displayed price is locked or crossed by an external market the Exchange
will be sliding the ranked price to the less aggressive displayed price
and will not further unslide the order. Orders subject to the optional
multiple price sliding process will be further re-ranked and re-
displayed as permissible based on changes to the prevailing NBBO. Thus,
once slid, an order subject to multiple price sliding, including its
ranked price, will be slid to more aggressive prices as permissible.
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    \9\ As defined in BYX Rule 1.5(cc), a User is ``any Member or
Sponsored Participant who is authorized to obtain access to the
System pursuant to Rule 11.3.''
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    As a continuation of the example above, assume that the NBBO is
$10.10 by $10.12 and the Exchange has a price slid bid to buy 100
shares that is ranked at $10.12 and displayed at $10.11. If an external
market then updated its Protected Offer to $10.11, thus locking the
Exchange's displayed bid (i.e., the order subject to price sliding that
is ranked at $10.12 and displayed at $10.11), then the Exchange will
modify the ranked price of such bid to the same price as the displayed
price (i.e., $10.11). If a User has selected the default price sliding
process then the order will not further re-rank or re-display such
order, even if the NBO moves back to $10.12 such that the order could
again be ranked at that price. However, if a User has opted into
multiple price sliding, the Exchange will re-rank such order at $10.12
(still displayed at $10.11), and if the NBO then moved to $10.13, the
Exchange will re-display such order at $10.12.
2. Statutory Basis
    The rule change proposed in this submission is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\10\ Specifically, the
proposed change is consistent with Section 6(b)(5) of the Act,\11\
because it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to, and perfect
the mechanism of, a free and open market and a national market system.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed changes to price sliding
are consistent with Section 6(b)(5) of the Act,\12\ as well as Rules
610 and 611 of Regulation NMS.\13\ The Exchange is not modifying the
overall functionality of price sliding, which, to avoid locking or
crossing quotations of other market centers, displays orders at
permissible prices while retaining a price at which the User is willing
to buy or sell, in the event display at such price or an execution at
such price becomes possible. Instead, the Exchange is making changes to
ensure that if the Exchange's own Protected Quotation is a price slid
order that is locked or crossed by an external market's Protected
Quotation, that [sic] the Exchange will re-rank such order so that its
displayed price is the same as its ranked price.
---------------------------------------------------------------------------

    \12\ Id.
    \13\ 17 CFR 242.610; 17 CFR 242.611.
---------------------------------------------------------------------------

    Rule 610(d) requires exchanges to establish, maintain, and enforce
rules that require members reasonably to avoid ``[d]isplaying
quotations that lock or cross any protected quotation in an NMS
stock.'' \14\ Such rules must be ``reasonably designed to assure the
reconciliation of locked or crossed quotations in an NMS stock,'' and
must ``prohibit * * * members from engaging in a pattern or practice of
displaying quotations that lock or cross any quotation in an NMS
stock.'' \15\ Thus, display-price sliding offered by the Exchange
assists Users by displaying orders at permissible prices.
---------------------------------------------------------------------------

    \14\ 17 CFR 242.610(d).
    \15\ Id.
---------------------------------------------------------------------------

    Rule 611 requires trading centers to ``establish, maintain, and
enforce written policies and procedures that are reasonably designed to
prevent trade-throughs on that trading center of protected quotations''
unless an exception applies. The Exchange believes that the proposal to
modify its price sliding functionality to prevent the ranked prices of
orders subject to price sliding from working at a price that could
trade through other market centers when the Exchange's quotation is
locked is consistent with this Rule 611. Similarly, although a trade
through would be permissible if the Exchange's quotation is crossed by
another market center based on an applicable exception, the Exchange
believes that the proposal to re-rank orders in such a circumstance to
the displayed price is consistent with the protection of investors and
the public interest.

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

    The proposed rule change does not impose any burden on competition.
To the contrary, the proposal will ensure that the Exchange's processes
are designed to prevent trade throughs consistent with Regulation NMS
in the event the Exchange's own quotations are locked or crossed by
external markets.

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

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

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \16\ and Rule 19b-4(f)(6)
thereunder.\17\
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \18\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6) \19\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay, noting that doing
so will allow the Exchange to immediately enhance its price sliding
functionality to avoid potential trade throughs when the Exchange's
quotation is locked by an external market. The Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest. Therefore, the Commission hereby
waives the 30-day operative

delay and designates the proposal operative upon filing.\20\
---------------------------------------------------------------------------

    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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.

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-BYX-2013-003 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-BYX-2013-003. 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-BYX-2013-003 and should be
submitted on or before February 27, 2013.
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    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-02558 Filed 2-5-13; 8:45 am]
BILLING CODE 8011-01-P


Methomyl & Oxamyl: Weight of Evidence Comparison of Human and Animal ChE Data for Interspecies Extrapolation of the NMC Cumulative Assessment Elissa Reaves, Ph. D.

Elissa Reaves, Ph. D.

U. S. EPA U. S. EPA Office of Pesticide Programs Office of Pesticide Programs April 4, 2006 April 4, 2006 2 Methomyl Methomyl & Oxamyl Oxamyl in the NMC CRA in the NMC CRA

The Agency has previously completed the acute, aggregate ( single chemical, multi route) risk assessment of methomyl and oxamyl

Methomyl and oxamyl are members of the N methyl carbamate ( NMC) common mechanism group

Inhibition of acetylcholinesterase ( AChE) is the common mechanism of toxicity

Rat brain ChE data provide the relative potency factor ( RPF) and point of departure ( PoD) for the cumulative assessment

At the present time, the Agency is considering the methomyl and oxamyl human study for use in defining the respective interspecies uncertainty factor in the cumulative risk assessment 3 Methomyl Methomyl & Oxamyl Oxamyl Human Study Details Human Study Details ° Methomyl HS 1998, oxamyl HS 1999 ° Male volunteers only ° Double blind ascending dose escalation study ° Single oral dose in a capsule after " standard"

breakfast ° Tiered exposure sessions ° All volunteers remained under close medical and nursing supervision throughout the study 4 Methomyl Methomyl & Oxamyl Oxamyl Human Study Details Human Study Details Methomyl Oxamyl Pre Exposure: Pre Exposure:

N/ A  2 days  16 hours  16 hours  30 minutes  30 minutes Post Exposure: Post Exposure:

Every 15 minutes until 2 hours Every 15 minutes until 2 hours Every hour until 8 hours 3, 4, 6, 8, 12 hours 24 hours 24 hours 7 days 7 days Table 1. Schedule of Table 1. Schedule of ChE ChE Sampling Events for Measurement of Plasma Sampling Events for Measurement of Plasma and RBC and RBC ChE ChE Activity for the Activity for the Oxamyl Oxamyl and and Methomyl Methomyl Human Studies Human Studies

Multiple sampling events showed the progression of ChE inhibition, peak inhibition, and enzyme recovery for each volunteer 5 Session Placebo 0.1 mg/ kg 0.3 mg/ kg 0.5 mg/ kg 0.75 mg/ kg 1.0 mg/ kg 1.5 mg/ kg Session 1 1 1 Session 2 1 4 1 Session 3 1 4 1 Session 4 1 4 1 Session 5 1 4 1 Session 6 1 4 1 Session 7 1 4 Session 8 1 Total Subjects 8 5 5 5 5 5 5 Table 2. Target Dosing Schedule for Table 2. Target Dosing Schedule for Methomyl Methomyl Human Study Human Study 6 Session Placebo 0.1 mg/ kg 0.3 mg/ kg 0.5 mg/ kg 0.75 mg/ kg 1.0 mg/ kg 1.5 mg/ kg Session 1 1 1 Session 2 Session 3 Session 4 Session 5 Session 6 Session 7 Session 8 Total Subjects Table 3. Actual Dosing Schedule for Table 3. Actual Dosing Schedule for Methomyl Methomyl Human Study Human Study 7 Session Placebo 0.1 mg/ kg 0.3 mg/ kg 0.5 mg/ kg 0.75 mg/ kg 1.0 mg/ kg 1.5 mg/ kg Session 1 1 1 Session 2 1 4 1*

Session 3 dropped Session 4 Session 5 Session 6 Session 7 Session 8 Total Subjects *> 40% ChE inhibition in this subject, No dosing at 0.5 mg/ kg occurred in Session 3 as planned.

Table 3. Actual Dosing Schedule for Table 3. Actual Dosing Schedule for Methomyl Methomyl Human Study Human Study 8 Session Placebo 0.1 mg/ kg 0.3 mg/ kg 0.5 mg/ kg 0.75 mg/ kg 1.0 mg/ kg 1.5 mg/ kg Session 1 1 1 Session 2 1 4 1*

Session 3 1 4 dropped Session 4 Session 5 Session 6 Session 7 Session 8 Total Subjects Table 3. Actual Dosing Schedule for Table 3. Actual Dosing Schedule for Methomyl Methomyl Human Study Human Study *> 40% ChE inhibition in this subject, No dosing at 0.5 mg/ kg occurred in Session 3 as planned. 9 Session Placebo 0.1 mg/ kg 0.2 mg/ kg 0.3 mg/ kg 0.5 mg/ kg 0.75 mg/ kg 1.0 mg/ kg Session 1 1 1 Session 2 1 4 1*

Session 3 1 4 dropped Session 4 1 5 Session 5 Session 6 Session 7 Session 8 Total Subjects 4 5 5 5 0 0 0 Table 3. Actual Dosing Schedule for Table 3. Actual Dosing Schedule for Methomyl Methomyl Human Study Human Study *> 40% ChE inhibition in this subject, No dosing at 0.5 mg/ kg occurred in Session 3 as planned. 10 Session 0 ( Placebo) 0.005 mg/ kg 0.015 mg/ kg 0.03 mg/ kg 0.06 mg/ kg 0.09 mg/ kg 0.15 mg/ kg 1 2 2 1 1 3 1 4 1 4 1 4 1 5 1 4 1 6 1 4 1 7 1 4 8 1 1 9 1 4 Total Male Volunteers 10 5 5 5 5 5 5 Table 4. Dosing Schedule for Table 4. Dosing Schedule for Oxamyl Oxamyl Human Study Human Study 11 Male only Male and Female Brain ChE RBC ChE NMC CRA Rat Data Not available RBC ChE Oxamyl & Methomyl Human Studies Table 5. Comparison of Rat Table 5. Comparison of Rat ChE ChE Data and Data and ChE ChE Data from Data from the the Methomyl Methomyl & Oxamyl Oxamyl Human Studies Human Studies ° For the cumulative NMC risk assessment, the difficulty lies in extrapolating information across compartments and potential uncertainty from information solely from male volunteers 12 Methomyl Methomyl & Oxamyl Oxamyl HS BMD Results HS BMD Results Rat Human Brain RBC RBC Chemical BMD10 ( mg/ kg) BMDL10 ( mg/ kg) BMD10 ( mg/ kg) BMDL10 ( mg/ kg) BMD10 ( mg/ kg) BMDL10 ( mg/ kg)

Oxamyl F= 0.145 M= 0.185 F= 0.111 M= 0.143 0.278 0.158 0.083 0.068 Methomyl 0.486 0.331 0.339 0.265 0.035 0.015 Table 6. Oral BMD Table 6. Oral BMD 10 10s and BMDL s and BMDL 10 10s Generated from Rat s Generated from Rat ChE ChE and Human and Human ChE ChE Data for Data for Methomyl Methomyl and and Oxamyl Oxamyl ° The rat data indicate no sex differences in ChE activity in either compartment ( brain or blood)

° Rat data also indicate similar ChE activities in brain and RBC 13 Agency Approaches of Agency Approaches of Methomyl Methomyl HS into NMC CRA HS into NMC CRA ° The Agency proposes to use the RBC BMD 10 ratio for methomyl, which results in an interspecies extrapolation of 9.5X 1. Standard Extrapolation Factor of 10X A. Is supported by the RBC BMD 10 ratio B. Uncertainty surrounding lack of female RBC ChE data,

lack of brain data in humans 2. Ratio of RBC BMD 10 of 9.5X A. Refinement of standard factor based on RBC data from rat and human B. Supported by rat ChE data; no compartment difference, no sex difference 14 Agency Approaches of Agency Approaches of Oxamyl Oxamyl into NMC CRA into NMC CRA 1. Standard Extrapolation Factor of 10X A. Accounts for uncertainty surrounding lack of female data and lack of brain data in HS B. May be conservative; BMD ratio estimate is 3X 2. Ratio of RBC BMD 10 of 3X A. Refinement of standard factor based on RBC data from rat and human B. Supported by rat ChE data; no compartment difference,

no sex difference ° The Agency proposes to use the RBC BMD 10 ratio for oxamyl, which results in an interspecies extrapolation of 3X 15 Methomyl Methomyl Charge to the HSRB Charge to the HSRB The Agency's WOE document and DER for methomyl describe the study design and results of the methomyl acute oral, human study. The WOE document also discusses the Agency's conclusions regarding the usefulness of the human study in the cumulative risk assessment for the NMCs. For methomyl, the Agency has concluded that the human toxicity study supports a 10X inter species uncertainty factor for methomyl in the cumulative risk assessment of the NMCs.

Please comment on the scientific evidence that supports this conclusion. 16 Oxamyl Oxamyl Charge to the HSRB Charge to the HSRB The Agency's WOE document and DER for oxamyl describe the study design and results of the oxamyl acute oral, human toxicity study. The WOE document also discusses the Agency's conclusions regarding the usefulness of the human study in the cumulative risk assessment for the NMCs. For oxamyl, the Agency has concluded that the human toxicity study is sufficiently robust for reducing the 10X interspecies ( i. e., animal to human) uncertainty factor in the cumulative risk assessment.

Please comment on the scientific evidence that supports this conclusion.