[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Rules and Regulations]
[Pages 26548-26556]
[FR Doc No: 2019-11956]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0794; Product Identifier 2017-NM-175-AD; Amendment
39-19625; AD 2019-08-04]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2012-25-02,
which applied to certain Bombardier, Inc., Model CL-600-2B19 (Regional
Jet Series 100 & 440) airplanes. AD 2012-25-02 required revising the
airworthiness limitations section (AWL) of the instructions for
continued airworthiness (ICA) of the maintenance requirements manual
(MRM) by incorporating new procedures for repetitive inspections for
cracking of the rear pressure bulkhead (RPB). AD 2012-25-02 also
required revising the maintenance or inspection program to incorporate
a revised task. This AD also mandates modification of the RPB and adds
repetitive inspections for cracking of the RPB web, which terminates
certain actions in this AD. This AD was prompted by additional in-
service crack findings, which resulted in the development of a
structural modification to the RPB. We are issuing this AD to address
the unsafe condition on these products.

DATES: This AD is effective July 12, 2019.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 12,
2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
January 16, 2013 (77 FR 73902, December 12, 2012).

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center North
America toll-free telephone 1-866-538-1247 or direct-dial telephone
514-855-5000; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
internet http://www.bombardier.com. You may view this referenced
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-2018-0794.

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-
0794; 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: Aziz Ahmed, Aerospace Engineer,
Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2012-25-02, Amendment 39-17283 (77 FR 73902,
December 12, 2012) (``AD 2012-25-02''). AD 2012-25-02 applied to
certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100 &
440) airplanes. The NPRM published in the Federal Register on September
13, 2018 (83 FR 46428). The NPRM was prompted by additional in-service
crack findings, which resulted in the development of a structural
modification to the RPB. The NPRM proposed to continue to require
revising the AWL of the ICA of the MRM by incorporating new procedures
for repetitive inspections for cracking of the

RPB. The NPRM also proposed to mandate modification of the RPB and add
repetitive inspections for cracking of the RPB web, which would
terminate certain actions in this AD. We are issuing this AD to address
cracking in the RPB, which could result in reduced structural integrity
and rapid decompression of the airplane.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2011-30R2, dated June 12, 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-600-2B19
(Regional Jet Series 100 & 440) airplanes. The MCAI states:

    Cracks on the forward face of the Rear Pressure Bulkhead (RPB)
web have been discovered on three CL-600-2B19 aeroplanes in-service.
    A Temporary Revision has been made to Part 2 of the Maintenance
Requirements Manual (MRM) to revise the existing AWL task by
introducing an improved Non-Destructive Inspection (NDI) procedure
to ensure that fatigue cracking of the RPB is detected and
corrected.
    The original issue of this [TCCA] AD [which corresponds to FAA
AD 2012-25-02] mandated the incorporation of a new NDI procedure for
AWL task number 53-61-153.
    Additional in-service findings have resulted in the issue of
revision 1 of this [TCCA] AD, which mandates a structural
modification to the rear pressure bulkhead with revised threshold
and repeat inspection intervals. This modification is intended to
preclude the onset of multiple site fatigue damage for the remaining
service life of the aeroplane. If not corrected, a failure of the
RPB could result in loss of structural integrity of the aeroplane.
    Revision 2 of this [TCCA] AD requires an inspection to be
carried out prior to modification of the RPB. This revision also
requires an additional modification to be completed on the RPB prior
to terminating AWL task number 53-61-153. It also includes
provisions to account for certain repairs as well as [alternative
methods of compliance] AMOCs issued to earlier revisions of this
[TCCA] AD.

    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-
0794.

Comments

    We 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.

Support for the NPRM

    Endeavor Air stated its support for the NPRM.

Request To Add Reference Terminating Action

    Bombardier requested that we revise paragraph (g) of the proposed
AD to identify the terminating action provided in paragraph (o)(3) of
the proposed AD. Bombardier pointed out that, since paragraph (g) of
the proposed AD identifies terminating action in paragraph (m) of the
proposed AD, paragraph (g) of the proposed AD should also identify the
terminating action provided in paragraph (o)(3) of the proposed AD for
consistency.
    We do not agree to add reference to paragraph (o)(3) in the
introductory text of paragraph (g) of this AD. Instead, because
paragraph (o) of this AD already contains all of the terminating
actions for paragraph (g) of this AD, for simplicity and consistency we
have revised paragraph (g) of this AD to remove reference to
terminating actions that were identified in the proposed AD. This
change does not change the intent or requirements of paragraph (g) of
this AD.

Request To Add Alternative Service Information for Repair

    Bombardier requested that we revise paragraph (k) of the proposed
AD to reference Bombardier Repair Engineering Order (REO) 601R-53-61-
1285, Revision E, dated October 31, 2016; and Bombardier REO 601R-53-
61-1541, Revision F, dated November 12, 2014; as alternative service
information for the repair. Bombardier pointed out that this change
corresponds with the provisions of Part I, section C., of the MCAI.
    We agree with the request. We have determined that the actions
specified in the alternative service information are acceptable for
compliance for the repair. Therefore, we have revised paragraph (k)(2)
of this AD to add the referenced REOs as alternative service
information for the repair.

Request To Add Credit for Previous Actions Using Previous Service
Information

    Bombardier requested that we revise paragraph (p) of the proposed
AD to provide credit for actions done before the effective date of the
AD using earlier revisions of the service information specified in part
III, section B., paragraphs (3), (5), (6), and (7) of the MCAI.
Bombardier did not provide a justification for this request.
    We partially agree with the request to provide credit for
previously accomplished actions done using the earlier revisions of the
specified service information. We have determined that the service
information specified in part III, section B., paragraphs (3), (5),
(6), and (7) of the MCAI is acceptable for accomplishing the applicable
actions before the effective date of this AD, provided certain actions
are done using the required service information. Therefore, we have
added paragraph (p) to this AD to include the requested credit, and
have redesignated subsequent paragraphs accordingly.

Request To Allow Approved Alternative Actions and Intervals

    Endeavor Air requested that we revise paragraph (n) of the proposed
AD, which would prohibit alternative actions and intervals once
revision of the maintenance or inspection program is accomplished,
except as approved in paragraph (p)(1) of the proposed AD (which
specified approval by the FAA only). The commenter asserted that
alternative actions and intervals should be allowed if approved by
specifying ``paragraph (p)(1) or (p)(2)'' (paragraph (p)(2) specified
approval by the FAA, TCCA, or the TCCA Design Approval Organization
(DAO)). The commenter stated that this change would reduce unnecessary
time and paperwork by eliminating the need for AMOC approval by the FAA
after the operator has already received a generic REO (GREO) or REO
that is TCCA DAO approved.
    We do not agree to add reference to paragraph (q)(2) of this AD
(paragraph (p)(2) of the proposed AD) in paragraph (n) of this AD.
Since we do not currently have the authority to delegate AMOC approvals
to foreign civil aviation authorities, the FAA is responsible for these
approvals. We have not changed this AD in this regard.

Request To Allow Deviations to Certain Service Information

    Air Wisconsin requested that necessary deviations from the
instructions in Bombardier REO 601R-53-61-1240, Revision D, dated
October 31, 2016, be acceptable along with this REO for compliance with
the requirements of paragraph (j)(2) of the proposed AD. Air Wisconsin
pointed out that paragraph (j)(2) of the proposed AD would require a
modification in accordance with Bombardier REO 601R-53-61-1240,
Revision D, dated October 31, 2016, and reported that it has
incorporated this REO on several of its airplanes. In some cases, Air
Wisconsin stated that it found it necessary to deviate from the
instructions of this REO (e.g., plugging holes with fasteners or
installation of next oversize fastener). Therefore, since there are no
approved deviations to the

inspection procedures in this REO, Air Wisconsin suggested that
necessary deviations to this REO be considered acceptable under the
following conditions:
     The deviation is approved by signature by TCCA or
Bombardier, Inc.'s TCCA DAO; and
     The damage-tolerance analysis was performed as shown by
the entry in block 6 (Additional Limitations) of the REO and the entry
was determined to be ``None.''
    We do not agree with the commenter's request. We do not consider it
appropriate to include various provisions in an AD applicable only to
an operator's unique configuration of affected airplanes. However, if
an operator with an affected airplane cannot accomplish the required
actions specified in the service information, or prefers to use
different service information that is specific to their design, an AMOC
can be requested in accordance with the provisions specified in
paragraph (q) of this AD.
    Further, as we explained in the ``Differences Between this Proposed
AD and the Service Information'' section in the NPRM, the MCAI includes
the following statement: ``If it is not possible to complete all of the
instructions in Part II of this [Canadian] AD due to the configuration
of the aeroplane . . . contact Bombardier Inc. . . . for approved
instructions.'' This issue is addressed in 14 CFR 39.17, which states
that ``If a change in a product affects your ability to accomplish the
actions required by the AD in any way, you must request FAA approval of
an AMOC . . . .'' Since we do not currently have the authority to
delegate AMOC approvals to foreign civil aviation authorities, the FAA
is responsible for these approvals.
    We have not changed this AD regarding this issue.

Request To Extend Compliance Time

    SkyWest Airlines (SkyWest) requested that we extend the phase-in
compliance times required by paragraph (j) of the proposed AD, which
would require a modification according to a schedule based on
accumulated flight cycles. SkyWest reported that, due to its fleet
utilization and the phase-in intervals, the work might need to be done
outside of a scheduled heavy maintenance visit. SkyWest proposed an
alternative phase-in schedule to allow a cushion of time in order for
them to reach the next heavy maintenance visit.
    We do not agree with the commenter's request to extend the phase-in
compliance times specified in figure 1 to paragraph (j) of this AD. We
have determined that the compliance times, as proposed, represent the
maximum interval of time allowable for the affected airplanes to
continue to safely operate before the modification is done. Since
maintenance schedules vary among operators, there would be no assurance
that the airplane would be modified during that maximum interval.
Further, this commenter did not provide data verifying the safety of
the proposed intervals. Although we have not changed the AD regarding
this issue, under the provisions of paragraph (q)(1) of this AD, we
will consider requests for approval of an alternative compliance time,
if data are submitted to substantiate that such an adjustment would
provide an acceptable level of safety. We have not changed this AD in
this regard.

Request To Clarify Credit for Prior Accomplishment

    Air Wisconsin requested that we revise paragraph (j) of the
proposed AD to specify that the actions are required ``unless already
accomplished.'' Air Wisconsin stated that several of its airplanes have
been modified using the applicable service information.
    We do not agree to revise paragraph (j) of this AD. Paragraph (f)
of this AD requires compliance with all AD requirements ``unless
already done.'' Therefore, the commenter's proposed wording is
unnecessary. We have not changed this AD regarding this issue.

Request for Clarification of Locations for Nondestructive Inspection
(NDI)

    Air Wisconsin requested that we clarify whether the NDI specified
in paragraph (j)(1) of the proposed AD is for areas that have not been
modified using various REOs or Supplemental Type Certificate (STC)
ST02308NY that would remain in place. The commenter added that the NDI
may not be possible for those areas modified using Bombardier REO 601R-
53-61-1541; or Bombardier REO 601R-53-61-1285, Revision D, dated
October 31, 2011, or Revision E, dated October 31, 2016; which were
approved by certain AMOCs; because the NDI has not yet been developed
for those areas.
    We agree that clarification is necessary. Unless this AD provides
specific credit for an existing modification or repair NDI, an
evaluation needs to be accomplished to determine whether the inspection
associated with the existing modification or repair meets an acceptable
level of safety. An AMOC is required for an alternative action based on
the existing modification or repair. We have not changed this AD
regarding this issue.

Request for Clarification of Affected Serial Number

    Air Wisconsin noted that paragraph (m) of the proposed AD applies
to ``any airplane having serial number 7610,'' and asked whether more
than one Model CL-600-2B19 airplane had that serial number.
    We agree that clarification is necessary. There is only one
airplane with serial number 7610. We have revised paragraph (m) of this
AD to specify ``For airplane serial number 7610.''

Request To Clarify Terminating Requirements

    Air Wisconsin requested that we clarify paragraph (o)(1) of the
proposed AD by explaining how compliance with paragraph (j) or (l) of
the proposed AD would not entirely terminate the requirements of
paragraph (g) of the proposed AD.
    We agree that clarification may be necessary. Paragraph (o)(1) of
this AD specifies that accomplishing the requirements of paragraph (j)
or (l) terminates the requirements of paragraph (g) of this AD ``for
the repaired area only.'' The inspections required by paragraph (g) of
this AD must be repeated for non-repaired areas. This requirement
corresponds with the MCAI. We have not changed this AD regarding this
issue.

Request for Credit for Previous Repairs

    Bombardier requested that we revise paragraphs (k)(1) and (k)(2) of
the proposed AD to give credit for repairs done before the effective
date of the AD, if those repairs were approved by the FAA, TCCA, or
Bombardier's TCCA DAO and referred to the MCAI. Bombardier noted that
this credit is provided in part I, section C., of the MCAI.
    We partially agree. We agree to provide credit for repairs
specified in paragraphs (k)(1) and (k)(2) of this AD, if those repairs
were done before the effective date of this AD, and were done in
accordance with a method approved by the Manager, New York ACO Branch,
FAA; TCCA; or Bombardier's TCCA DAO; and the approval references TCCA
AD CF-2011-30, dated August 24, 2011, or AD CF-2011-30R1, dated
November 1, 2016. However, we do not agree to include that credit in
paragraphs (k)(1) and (k)(2) of this AD. Instead, we have added
paragraph (p)(1) to this AD to provide the requested credit. (As
explained previously, we have redesignated paragraphs (p)(1) and

(p)(2) of the proposed AD as paragraphs (q)(1) and (q)(2) of this AD.)

Request To Correct Paragraph References

    Bombardier noted a typographical error in paragraph (p)(1)(ii) of
the proposed AD, which specified that previously approved AMOCs are
acceptable for ``paragraphs (g), (k), and (l)'' of the proposed AD.
Bombardier asserted that the correct paragraph references are (g), (h),
and (i).
    We agree that paragraph (p)(1)(ii) of the proposed AD included a
typographical error in the paragraph references. We have revised
paragraph (q)(1)(ii) of this AD (paragraph (p)(1)(ii) of the proposed
AD) to reference the correct paragraphs.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule with the changes described previously and minor
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
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 final
rule.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., has issued the following service information.
     Bombardier REO 601R-53-61-1230, Revision F, dated October
31, 2011. This service information describes procedures for a repair to
the pressure bulkhead web frame station (FS) 621.00, lintel
installation.
     Bombardier REO 601R-53-61-1240, Revision D, dated October
31, 2016. This service information describes procedures for a repair
and modification to FS 621.00 pressure bulkhead web.
     Bombardier REO 601R-53-61-5828, Revision A, dated March
16, 2017. This service information describes procedures for a repair to
FS 621.00 pressure bulkhead web at left buttock line (LBL) 27.5.
    This AD also requires Bombardier Temporary Revision 2B-2187, dated
June 22, 2011, to Appendix B-Airworthiness Limitations, of Part 2 of
the Bombardier CL-600-2B19 MRM, which the Director of the Federal
Register approved for incorporation by reference as of January 16, 2013
(77 FR 73902, December 12, 2012).
    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 457 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Up to 917 work-hours x $85 per hour =  Up to $6,000.......................  Up to $83,945......................  Up to $38,362,865.
 $77,945.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although we
recognize that this number may vary from operator to operator. In the
past, we have estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, we estimate the total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

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

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)
2012-25-02, Amendment 39-17283 (77 FR 73902, December 12, 2012), and
adding the following new AD:

2019-08-04 Bombardier, Inc.: Amendment 39-19625; Docket No. FAA-
2018-0794; Product Identifier 2017-NM-175-AD.

(a) Effective Date

    This AD is effective July 12, 2019.

(b) Affected ADs

    This AD replaces AD 2012-25-02, Amendment 39-17283 (77 FR 73902,
December 12, 2012) (``AD 2012-25-02'').

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B19 (Regional
Jet Series 100 & 440) airplanes, certificated in any category,
serial numbers 7002 through 8025 inclusive, 8030, and 8034.

(d) Subject

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

(e) Reason

    This AD was prompted by multiple reports of cracks on the
forward face of the rear pressure bulkhead (RPB) web, and additional
in-service crack findings that resulted in the development of a
structural modification to the RPB. We are issuing this AD to
address cracking in the RPB, which could result in reduced
structural integrity and rapid decompression of the airplane.

(f) Compliance

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

(g) Retained Revision of the Maintenance Program With Minor Changes

    This paragraph restates the requirements of paragraph (i) of AD
2012-25-02, with minor changes. Except for the airplane having
serial number 7002, within 60 days after January 16, 2013 (the
effective date of AD 2012-25-02): Revise the maintenance program by
incorporating the revised inspection requirements specified in
airworthiness limitation section (AWL) 53-61-153 of Bombardier
temporary revision (TR) 2B-2187, dated June 22, 2011, to Appendix B-
Airworthiness Limitations, of Part 2 of the Bombardier CL-600-2B19
Maintenance Requirements Manual (MRM). The initial compliance times
for the task are at the applicable time specified in paragraph
(g)(1) or (g)(2) of this AD.
    (1) For airplanes on which the special detailed inspection
specified in AWL 53-61-153 of Bombardier TR 2B-2187, dated June 22,
2011; or Canadair Regional Jet TR 2B-2109, dated October 13, 2005;
has not been done as of January 16, 2013 (the effective date of AD
2012-25-02): The initial compliance time for AWL 53-61-153 is at the
applicable time specified in paragraph (g)(1)(i) or (g)(1)(ii) of
this AD.
    (i) For airplanes that have accumulated 10,500 total flight
cycles or less as of January 16, 2013: Before the accumulation of
12,000 total flight cycles.
    (ii) For airplanes that have accumulated more than 10,500 total
flight cycles as of January 16, 2013: Within 1,500 flight cycles
after January 16, 2013 (the effective date of AD 2012-25-02).
    (2) For airplanes on which the special detailed inspection
specified in AWL 53-61-153 of Bombardier TR 2B-2187, dated June 22,
2011; or Canadair Regional Jet TR 2B-2109, dated October 13, 2005;
has been done as of January 16, 2013 (the effective date of AD 2012-
25-02): The initial compliance time for AWL 53-61-153 is within
4,360 flight cycles after accomplishing the most recent special
detailed inspection, or within 1,500 flight cycles after
accomplishing the most recent detailed inspection as specified in
AWL 53-61-153 of Canadair Regional Jet TR 2B-2109, dated October 13,
2005, whichever occurs later.

(h) Retained No Alternative Actions or Intervals, With New Exception

    This paragraph restates the requirements of paragraph (j) of AD
2012-25-02, with a new exception. Except as required by paragraphs
(j)(3), (l)(2), and (m) of this AD, after accomplishing the
revisions required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be used other than
those specified in Bombardier TR 2B-2187, dated June 22, 2011, to
Appendix B-Airworthiness Limitations, of Part 2 of the Bombardier
CL-600-2B19 MRM, unless the actions and intervals are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (q)(1) of this AD.

(i) Retained General Revision of the MRM, With No Changes

    This paragraph restates the requirements of paragraph (k) of AD
2012-25-02, with no changes. The maintenance program revision
required by paragraph (g) of this AD may be done by inserting a copy
of Bombardier TR 2B-2187, dated June 22, 2011, into Appendix B-
Airworthiness Limitations, of Part 2 of the Bombardier CL-600-2B19
MRM. When this TR has been included in general revisions of the MRM,
the general revisions may be inserted in the MRM, provided the
relevant information in the general revision is identical to that in
this TR.

(j) New Requirements of This AD: Inspections, Modification, and
Maintenance or Inspection Program Revision

    Accomplish the actions required by paragraphs (j)(1), (j)(2),
and (j)(3) of this AD at the time specified, except as provided by
paragraphs (l) and (m) of this AD.
    (1) At the applicable time specified in figure 1 to paragraph
(j) of this AD: Do a nondestructive inspection for cracking of the
forward face of the fuselage station (FS) 621 pressure bulkhead, in
accordance with AWL 53-61-153 of Bombardier TR 2B-2187, dated June
22, 2011, to Appendix B--Airworthiness Limitations, of Part 2 of the
Bombardier CL-600-2B19 MRM.
    (2) At the applicable time specified in figure 1 to paragraph
(j) of this AD: Modify the RPB and do a nondestructive inspection
for cracking of the FS 621 pressure bulkhead web, in accordance with
Bombardier Repair Engineering Order (REO) 601R-53-61-1240, Revision
D, dated October 31, 2016.
    (3) Before further flight after accomplishing the modification
required by paragraph (j)(2) of this AD: Revise the existing
maintenance or inspection program, as applicable, by incorporating
the inspection requirements at the threshold and repetitive
inspection times specified in the in-service deviation inspection
requirements (SDIR) of Bombardier REO 601R-53-61-1240, Revision D,
dated October 31, 2016.

[GRAPHIC] [TIFF OMITTED] TR07JN19.001

(k) Corrective Action

    (1) If any crack is found during any inspection required by
paragraph (j)(2), (l)(1), or (m) of this AD: Before further flight,
repair using a method approved by the Manager, New York ACO Branch,
FAA; Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s
TCCA Design Approval Organization (DAO). If approved by the DAO, the
approval must include the DAO-authorized signature.
    (2) If any crack is found during any inspection required by
paragraph (j)(1) of this AD: Before further flight, repair in
accordance with the applicable service information specified in
paragraph (k)(2)(i) or (k)(2)(ii) of this AD, or using a method
approved by the Manager, New York ACO Branch, FAA; TCCA; or
Bombardier, Inc.'s TCCA DAO. If approved by the DAO, the approval
must include the DAO-authorized signature.
    (i) Bombardier REO 601R-53-61-1230, Revision F, dated October
31, 2011; or Bombardier REO 601R-53-61-1285, Revision E, dated
October 31, 2016.
    (ii) Bombardier REO 601R-53-61-1240, Revision D, dated October
31, 2016; or Bombardier REO 601R-53-61-1541, Revision F, dated
November 12, 2014.

(l) Alternative Actions for Certain Airplanes

    For airplanes on which the actions required by paragraphs (j)(1)
and (j)(2) of this AD were performed before the effective date of
this AD using the REOs identified in figure 2 to paragraph (l) of
this AD: In lieu of accomplishing the actions required by paragraph
(j) of this AD, accomplish the actions required by paragraphs (l)(1)
and (l)(2) of this AD within 6,000 flight cycles after the effective
date of this AD.
    (1) Perform a special detailed inspection for cracking of Zone B
of the RPB web, in accordance with Part B of Bombardier REO 601R-53-
61-1240, Revision D, dated October 31, 2016.
    (2) Revise the existing maintenance or inspection program, as
applicable, by incorporating the inspection requirements at the
threshold and repetitive inspection times specified in Part B of the
SDIR of Bombardier REO 601R-53-61-1240, Revision D, dated October
31, 2016. The inspection threshold is measured from the time of
incorporation of the applicable REO specified in figure 2 to
paragraph (l) of this AD.
BILLING CODE 4910-13-P

[GRAPHIC] [TIFF OMITTED] TR07JN19.002

[GRAPHIC] [TIFF OMITTED] TR07JN19.003

BILLING CODE 4910-13-C

(m) Alternative Actions for Airplane Serial Number 7610

    For airplane serial number 7610: In lieu of accomplishing the
actions required by paragraph (j) of this AD; within 6,000 flight
cycles after the effective date of this AD, do a reinforcement of
K601R36010--A at left buttock line (LBL) 27.5 and perform a special
detailed inspection for cracking of the FS 621 pressure bulkhead web
at LBL 27.5, in accordance with Bombardier REO 601R-53-61-5828,
Revision A, dated March 16, 2017. Before further flight after
accomplishing the reinforcement, or within 60 days after the
effective date of this AD, whichever occurs later: Revise the
maintenance or inspection program, as applicable, by incorporating
the inspection requirements that include threshold and repetitive
inspection times as specified in the SDIR of Bombardier REO 601R-53-
61-5828, Revision A, dated March 16, 2017.

(n) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (j)(3), (l)(2), or (m) of this AD, no
alternative actions (e.g., inspections) or intervals may be used
unless the actions or intervals are approved as an AMOC in
accordance with the procedures specified in paragraph (p)(1) of this
AD.

(o) Terminating Actions for Paragraph (g) of This AD

    (1) Accomplishment of the actions required by paragraph (j) or
(l) of this AD terminates the requirements of paragraph (g) of this
AD, for the repaired area only.
    (2) Accomplishment of the actions required by paragraph (m) of
this AD terminates the requirements of paragraph (g) of this AD.
    (3) For airplanes on which the actions required by paragraph (j)
or (l) of this AD have been done and on which the modification and
inspection specified in REO 601R-53-61-1230, Revision F, dated
October 31, 2011, have been done and there were no inspection
findings: The actions required by paragraph (g) of this AD are
terminated.

(p) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraphs (k)(1) and (k)(2) of this AD, if those repairs were done
before the effective date of this AD using a method approved by the
Manager, New York ACO Branch, FAA; TCCA; or Bombardier, Inc.'s TCCA
DAO; which references TCCA AD CF-2011-30, dated August 24, 2011, or
AD CF-2011-30R1, dated November 1, 2016.
    (2) This paragraph provides credit for the actions required by
paragraph (k)(2) of this AD, if those actions were performed before
the effective date of this AD using the service information
specified in paragraph (p)(2)(i), (p)(2)(ii), (p)(2)(iii),
(p)(2)(iv), (p)(2)(v), or (p)(2)(vi) of this AD, provided that the
maintenance or inspection program is revised by incorporating the
inspection requirements at the threshold and repetitive inspection
times specified in the SDIR of Bombardier REO 601R-53-61-1230,
Revision F, dated November 7, 2011.

    (i) Bombardier REO 601R-53-61-1230, dated February 10, 2005.
    (ii) Bombardier REO 601R-53-61-1230, Revision A, dated November
6, 2009.
    (iii) Bombardier REO 601R-53-61-1230, Revision B, dated October
5, 2005.
    (iv) Bombardier REO 601R-53-61-1230, Revision C, dated November
10, 2005.
    (v) Bombardier REO 601R-53-61-1230, Revision D, dated July 19,
2006.
    (vi) Bombardier REO 601R-53-61-1230, Revision E, dated August
18, 2011.
    (3) This paragraph provides credit for the actions required by
paragraph (k)(2) of this AD, if those actions were performed before
the effective date of this AD using the service information
specified in paragraph (p)(3)(i), (p)(3)(ii), (p)(3)(iii),
(p)(3)(iv), or (p)(3)(v) of this AD, provided that the maintenance
or inspection program is revised by incorporating the inspection
requirements at the threshold and repetitive inspection times
specified in the SDIR of Bombardier REO 601R-53-61-1285, Revision E,
date October 31, 2016.
    (i) Bombardier REO 601R-53-61-1285, dated March 24, 2005.
    (ii) Bombardier REO 601R-53-61-1285, Revision A, dated November
6, 2009.
    (iii) Bombardier REO 601R-53-61-1285, Revision B, dated April
14, 2010.
    (iv) Bombardier REO 601R-53-61-1285, Revision C, dated August
19, 2011.
    (v) Bombardier REO 601R-53-61-1285, Revision D, dated October
31, 2011.
    (4) This paragraph provides credit for the actions required by
paragraph (k)(2) of this AD if those actions were performed before
the effective date of this AD using the service information
specified in paragraph (p)(4)(i), (p)(4)(ii), (p)(4)(iii),
(p)(4)(iv), (p)(4)(v), or (p)(4)(vi) of this AD, provided that the
maintenance or inspection program is revised by incorporating the
inspection requirements at the threshold and repetitive inspection
times specified in the SDIR of Bombardier REO 601R-53-61-1541,
Revision F, dated November 12, 2014.
    (i) Bombardier REO 601R-53-61-1541, dated November 27, 2005.
    (ii) Bombardier REO 601R-53-61-1541, Revision A, dated February
8, 2008.
    (iii) Bombardier REO 601R-53-61-1541, Revision B, dated March
16, 2009.
    (iv) Bombardier REO 601R-53-61-1541, Revision C, dated August
19, 2011.
    (v) Bombardier REO 601R-53-61-1541, Revision D, dated October
31, 2011.
    (vi) Bombardier REO 601R-53-61-1541, Revision E, dated November
5, 2013.
    (5) This paragraph provides credit for the actions required by
paragraph (m) of this AD, if those actions were performed before the
effective date of this AD using Bombardier REO 601R-53-61-5828,
dated November 1, 2016, provided that the maintenance or inspection
program is revised by incorporating the inspection requirements at
the threshold and repetitive inspection times specified in the SDIR
of Bombardier REO 601R-53-61-5828, Revision A, dated March 16, 2017.

(q) 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, 1600 Stewart Avenue, Suite 410,
Westbury, New York 11590; telephone:<PHONE_NUMBER>; fax: 516-794-
5531.
    (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) AMOCs approved previously for AD 2012-25-02 are approved as
AMOCs for the corresponding provisions in paragraphs (g), (h), and
(i) 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 TCCA; or Bombardier Inc.'s TCCA DAO. If approved by
the DAO, the approval must include the DAO-authorized signature.

(r) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2011-30R2, dated June 12,
2017, for related information. This MCAI may be found in the AD
docket on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0794.
    (2) For more information about this AD, contact Aziz Ahmed,
Aerospace Engineer, Airframe and Mechanical Systems Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (s)(5) and (s)(6) of this AD.

(s) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
July 12, 2019.
    (i) Bombardier Repair Engineering Order 601R-53-61-1230,
Revision F, dated October 31, 2011.
    (ii) Bombardier Repair Engineering Order 601R-53-61-1240,
Revision D, dated October 31, 2016.
    (iii) Bombardier Repair Engineering Order 601R-53-61-1285,
Revision E, dated October 31, 2016.
    (iv) Bombardier Repair Engineering Order 601R-53-61-1541,
Revision F, dated November 12, 2014.
    (v) Bombardier Repair Engineering Order 601R-53-61-5828,
Revision A, dated March 16, 2017.
    (4) The following service information was approved for IBR on
January 16, 2013 (77 FR 73902, December 12, 2012).
    (i) Bombardier Temporary Revision 2B-2187, dated June 22, 2011,
to Appendix B-Airworthiness Limitations, of Part 2 of the Bombardier
CL-600-2B19 Maintenance Requirements Manual.
    (ii) [Reserved]
    (5) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America toll-free telephone 1-866-538-1247 or direct-dial
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>internet http://www.bombardier.com.
    (6) 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.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on April 19, 2019,
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-11956 Filed 6-6-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Notices]
[Page 29897]
[FR Doc No: 2023-09816]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-1811-000]

Sol InfraCo MT1, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Sol InfraCo MT1, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 23, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: May 3, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-09816 Filed 5-8-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Notices]
[Pages 4931-4932]
[FR Doc No: 2015-01669]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0509]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Appeals of Science-
Based Decisions Above the Division Level at the Center for Veterinary
Medicine

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 March
2, 2015.

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 0910-0566.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<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.

Appeals of Science-Based Decisions Above the Division Level at CVM--21
CFR 10.75 (OMB Control Number 0910-0566--Revision)

    Respondents: Respondents to this collection of information are
applicants that wish to submit a request for review of a scientific
dispute.
    The Center for Veterinary Medicine's (CVM's) guidance for industry
#79 entitled ``Dispute Resolution Procedures for Science-Based
Decisions on Products Regulated by the Center for Veterinary
Medicine,'' describes the process by which CVM formally resolves
disputes relating to scientific controversies. A scientific controversy
involves issues concerning a specific product regulated by CVM related
to matters of technical expertise and requires specialized education,
training, or experience to be understood and resolved. Further, the

guidance details information on how the Agency intends to interpret and
apply provisions of the existing regulations regarding internal Agency
review of decisions. In addition, the guidance outlines the established
procedures for persons who are sponsors, applicants or manufacturers,
for animal drugs or other products regulated by CVM, that wish to
submit a request for review of a scientific dispute. When a sponsor,
applicant, or manufacturer has a scientific disagreement with a written
decision by CVM, they may submit a request for a review of that
decision by following the established Agency channels of supervision
for review.
    In the Federal Register of November 6, 2014 (79 FR 65976), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. One comment was received but it did not
respond to any of the four collection of information topics solicited
in the notice and therefore is not discussed in this document.
    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
--------------------------------------------------------------------------------------------------------------------------------------------------------
10.75..............................................................               2                4                8               10               80
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    CVM encourages applicants to begin the resolution of science-based
disputes with discussions with the review team/group, including the
Team Leader or Division Director. The Center prefers that differences
of opinion regarding science or science-based policy be resolved
between the review team/group and the applicant. If the matter is not
resolved by this preferred method, then CVM recommends that the
applicant follow the procedure in guidance for industry #79. Of the two
respondents who were advised on the procedure during the past 3 years,
one has not followed up to initiate it and the other is working with
the review team/group to resolve the issue(s). Therefore, this
estimated annual reporting burden is based on CVM's previous experience
in handling formal appeals for scientific disputes.

    Dated: January 23, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-01669 Filed 1-28-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 52 (Monday, March 18, 2013)]
[Notices]
[Pages 16731-16733]
[FR Doc No: 2013-06108]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69078; File No. SR-NYSEArca-2013-19]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE
Arca Options Schedule of Fees and Charges for Exchange Services To
Reduce the Floor Broker Rebate for Qualified Contingent Cross
Transactions

March 8, 2013.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on March 1, 2013, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') 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 self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Options Schedule of
Fees and Charges for Exchange Services (``Fee Schedule'') to (i) reduce
the Floor Broker rebate for Qualified Contingent Cross (``QCC'')
transactions and (ii) remove an outdated reference. The Exchange
proposes to implement the changes on March 1, 2013. The text of the
proposed rule change is available on the Exchange's Web site at
www.nyse.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 self-regulatory organization
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 those 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 proposes to amend the Fee Schedule to (i) reduce the
Floor Broker rebate for QCC transactions and (ii) remove an outdated
reference. The Exchange proposes to implement the changes on March 1,
2013.
    Currently, Floor Brokers that execute QCC transactions receive a
rebate of $0.05 per contract side. The Exchange proposes reducing that
rebate to $.035 per contract side. When the Exchange originally adopted
the Floor Broker rebate, the Exchange noted that OTP Holders have two
primary means of bringing a QCC order to the Exchange for possible
execution: (1) They can configure their systems to deliver the QCC
order to the Exchange matching engines for validation and execution; or

(2) they can utilize the services of another OTP Holder acting as a
Floor Broker.\4\ With the latter means, a Floor Broker who is in
receipt of such a QCC order can enter the order through an Exchange-
provided system to be delivered to the Exchange matching engines for
validation and potential execution.
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    \4\ See Securities Exchange Act Release No. 65730 (November 10,
2011), 76 FR 71410 (November 17, 2011) (SR-NYSEArca-2011-79)
(``Approval Order'').
---------------------------------------------------------------------------

    Because the Exchange does not offer a front-end for order entry,
unlike some competing exchanges,\5\ the Exchange believed that it was
necessary from a competitive standpoint to offer this rebate to the
executing Floor Broker on a QCC order. In doing so, the Exchange
expected that the rebate would allow Floor Brokers to price their
services at a level that would enable them to attract QCC order flow
from participants who would otherwise utilize the front-end order entry
mechanism offered by the Exchange's competitors instead of incurring
the cost in time and money to develop their own internal systems to
deliver QCC orders directly to the Exchange system. The Exchange
believed that to the extent Floor Brokers were able to attract QCC
orders, they would gain important information that would allow them to
solicit the parties to the QCC orders for participation in other
trades.\6\ The Exchange further believed that this would, in turn,
benefit other Exchange participants through the additional liquidity
that would occur as a result.
---------------------------------------------------------------------------

    \5\ The International Securities Exchange offers PRECISE TRADE
as a means for users to enter orders and Chicago Board Options
Exchange has a similar front-end order entry system called PULSE.
Such systems do not require users to develop their own internal
front-end order entry systems and may provide savings to users in
terms of development time and costs.
    \6\ See Approval Order, supra note 4; see also Securities
Exchange Act Release No. 65797 (November 21, 2011), 76 FR 72988
(November 28, 2011) (SR-NYSEArca-2011-83) (clarifying amendments to
the description of the QCC rebate amount).
---------------------------------------------------------------------------

    Although the rebate has not incented additional liquidity and price
discovery as expected, the Exchange believes that it is still necessary
to keep the rebate, albeit in a lower amount, in order for Floor
Brokers to competitively price their services and for the Exchange to
remain competitive with other exchanges that offer a similar rebate.\7\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 65472 (October 3,
2011), 76 FR 62887 (October 11, 2011) (SR-NYSEAmex-2011-72) and the
NASDAQ OMX PHLX fee schedule (describing a rebate program for QCC
orders that can range as high as $0.11 per contract), available at
http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLXTools/PlatformViewer.asp?selectednode=chp%5F1%5F4&manual=%2Fnasdaqomxphlx%2Fphlx%2Fphlx%2Drulesbrd%2F.
---------------------------------------------------------------------------

    The Exchange also proposes to eliminate an obsolete reference in
the Fee Schedule concerning the Options Regulatory Fee. Specifically,
prior to December 1, 2012, the Options Regulatory Fee was $0.004 per
contract. As reflected in the current Fee Schedule, the fee rose to
$0.005 per contract on December 1, 2012. The Exchange proposes to
remove the outdated reference to the $0.004 per contract fee in order
to make clearer that the current Options Regulatory Fee is $0.005 per
contract.
    The proposed change is not otherwise intended to address any other
problem, and the Exchange is not aware of any significant problem that
the affected market participants would have in complying with the
proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\8\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\9\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that reducing the Floor Broker rebate for QCC
transactions is reasonable. Specifically, although the rebate has not
incented additional liquidity and price discovery as expected, the
Exchange believes that it is still necessary to keep the rebate, albeit
at a lower amount, in order for Floor Brokers to competitively price
their services and for the Exchange to remain competitive with other
exchanges that offer a similar rebate. The Exchange believes the
proposed rebate is equitable and not unfairly discriminatory because it
would uniformly apply to all QCC orders entered by a Floor Broker for
validation by the system and potential execution. The rebate is not
unfairly discriminatory to firms that enter QCC orders directly into
the Exchange's system through an electronic connection because the fee
for the QCC order is the same whether it is entered electronically or
through a Floor Broker. In addition, under Commentary .01 to NYSE Arca
Options Rule 6.90, only Floor Brokers may enter a QCC order from the
Floor; therefore, providing the rebate to Floor Brokers does not
discriminate against other QCC orders entered into the Exchange's
system. Furthermore, any participant will be able to engage a rebate-
receiving Floor Broker in a discussion surrounding the appropriate
level of fees that they may be charged for entrusting the entry of the
QCC order to the Floor Broker into the Exchange systems for validation
and execution. In addition, the Exchange believes that removing the
outdated reference concerning the Options Regulatory Fee will make the
Fee Schedule more user-friendly for Exchange participants.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. In particular, reducing the
rebate for QCC transactions will not impose a burden on competition
because the rebate has not encouraged liquidity and price discovery as
originally intended. Instead, reducing the rebate for QCC transactions
will promote competition because, while the rebate has not incented
additional liquidity and price discovery as expected, the Exchange
believes that it is still necessary to keep the rebate, albeit at a
lower amount, in order for Floor Brokers to competitively price their
services and for the Exchange to remain competitive with other
exchanges that offer a similar rebate. The Exchange does not believe
that Exchange participants will be adversely affected by the reduced
rebate because they were not availing themselves of it in the manner
intended by the Exchange. Moreover, eliminating the obsolete reference
to the Options Regulatory Fee will not have an effect on competition
because the amendment is technical in nature.
    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed change reflects this competitive environment.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \10\ of the Act and subparagraph (f)(2) of Rule
19b-4 \11\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \12\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2013-19 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-NYSEArca-2013-19. 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 20549-1090, on official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be
available for inspection and copying at the principal 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-
NYSEArca-2013-19, and should be submitted on or before April 8, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-06108 Filed 3-15-13; 8:45 am]
BILLING CODE 8011-01-P