[Federal Register Volume 86, Number 176 (Wednesday, September 15, 2021)]
[Rules and Regulations]
[Pages 51265-51268]
[FR Doc No: 2021-19816]

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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. 86, No. 176 / Wednesday, September 15, 2021 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0368; Project Identifier MCAI-2021-00204-T;
Amendment 39-21705; AD 2021-18-04]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A318, A319, A320, and A321 series airplanes. This AD
was prompted by reports of low halon concentration in the forward and
aft cargo compartments due to air leakage through cargo door seals, and
the certification of improved cargo door seals. This AD requires
repetitive cleaning and greasing of affected cargo door seals;
replacing the forward, aft, and bulk cargo compartment door seals with
new seals; and installing a placard on the forward, aft, and cargo
compartment doors; and for certain airplanes, implementing an
operational limitation for certain routes, as specified in a European
Union Aviation Safety Agency (EASA) AD, which is incorporated by
reference. The FAA is issuing this AD to address the unsafe condition
on these products.

DATES: This AD is effective October 20, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 20,
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Airworthiness Products Section, Operational Safety 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 in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0368.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0368; 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, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0049, dated February 18, 2021
(EASA AD 2021-0049) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus SAS Model A318-111, -112, -121, and -122; A319-111, -
112, -113, -114, -115, -131, -132, -133, -151N, -153N, and -171N; A320-
211, -212, -214, -215, -216, -231, -232, -233, -251N, -252N, -253N, -
271N, -272N, and -273N; and A321-111, -112, -131, -211, -212, -213, -
231, -232, -251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -
271NX, and -272NX airplanes. Model A320-215 airplanes are not
certificated by the FAA and are not included on the U.S. type
certificate data sheet; this AD therefore does not include those
airplanes in the applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus SAS Model
A318, A319, A320, and A321 series airplanes. The NPRM published in the
Federal Register on May 17, 2021 (86 FR 26682). The NPRM was prompted
by reports of low halon concentration in the forward and aft cargo
compartments due to air leakage through cargo door seals, and the
certification of improved cargo door seals. The NPRM proposed to
require replacing the forward, aft, and bulk cargo compartment door
seals with new seals; and installing a placard on the forward, aft, and
cargo compartment doors; and for certain airplanes, implementing an
operational limitation for certain routes, as specified in EASA AD
2021-0049. The NPRM specified that accomplishing the proposed AD would
terminate all requirements (i.e., repetitive cleaning and greasing of
affected cargo door seals) of AD 2020-16-01, Amendment 39-21185 (85 FR
47013, August 4, 2020) (AD 2020-16-01) for the affected original
equipment manufacturer (OEM) parts only (i.e., forward and aft cargo
door seals having part number (p/n) D5237106020000, D5237106020200,
D5237106020400, D5237300120000, or D5237300120200; and bulk cargo door
seals having p/n D5237200220000 or D5237200220200).
    The FAA is issuing this AD to address low halon concentration,
which could affect the fire extinguishing system efficiency in the
cargo compartments and possibly result in failure of the system to
contain a cargo compartment fire. See the MCAI for additional
background information.

Comments

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

Request To Change NPRM to a Supersedure of AD 2020-16-01

    Delta Air Lines (Delta) requested that the FAA change the NPRM from
a new AD to a supersedure of AD 2020-16-01. Delta stated that a
supersedure adds flexibility for operators and makes compliance to the
rule simpler and

cleaner for operators. Delta provided the following justification.
     Delta noted paragraph (h)(2) of the proposed AD states
that paragraphs (1) and (2) of EASA AD 2021-0049 do not apply and
attributed the exception to AD 2020-16-01 not being superseded. Delta
further stated that not having paragraph (2) of EASA AD 2021-0049
within the requirements of the proposed AD is restrictive to operators
because that paragraph allows using the aircraft maintenance manual
(AMM) as an alternative to the cleaning and greasing requirements in
paragraph (1) of EASA AD 2021-0049 (which corresponds to FAA AD 2020-
16-01). Delta noted that paragraph (1) of EASA AD 2021-0049 also
includes a clarification to the requirements.
     Delta also stated paragraph (h)(6) of the proposed AD
specifies that paragraphs (5) and (6) of EASA AD 2021-0049 do not apply
and reasoned it is because they are related to the cleaning and
greasing actions in paragraph (1) of EASA AD 2021-0049, which are not
included in the proposed AD. Delta suggested that if the NPRM was
changed to supersede AD 2020-16-01, then the exceptions in paragraphs
(h)(2) and (h)(6) of the proposed AD would not be needed. Delta
concluded the same actions would be accomplished and credit would be
given for previously accomplished actions.
     Delta stated that the proposed AD does not include the
exception from paragraph (h)(3) of AD 2020-16-01 that adds forward and
aft cargo door seals part number D5237106020400S, approved under parts
manufacturer approval (PMA) PQ1715CE. Delta noted that if the proposed
AD did remove the exceptions in paragraphs (h)(2) and (h)(6) of the
proposed AD (e.g., if the NPRM did supersede AD 2020-16-01), then the
PMA part could be included by added new exceptions.
    The FAA has determined that the OEM parts specified in AD 2020-16-
01 should be addressed in separate rulemaking and the FAA is also
considering further rulemaking to address the corresponding PMA parts
in a separate rulemaking action.
    The FAA does not agree to supersede AD 2020-16-01 with this AD. At
the time the NPRM was developed, the FAA separated the rulemaking for
OEM parts from the PMA parts since the FAA was informed of
implementation issues with the adoption of a combined rulemaking (OEM
parts and PMA parts) by the foreign civil aviation authorities.
Therefore, as an interim action, the FAA has decided to issue separate
ADs for the OEM parts and the PMA parts. The FAA is discussing how to
address OEM and PMA parts in ADs for future rulemaking. However, in the
interest of safety to address the unsafe condition on the OEM parts
identified in this AD, the FAA has determined this AD cannot be
delayed.
    The FAA does agree to retain the requirements of AD 2020-16-01 in
this AD for the affected OEM parts identified in EASA AD 2021-0049.
This will allow operators to comply with a single AD for those parts.
The FAA cannot supersede AD 2020-16-01 in this AD as that would add
requirements for the PMA part approved under PMA PQ1715CE that were not
included in the NPRM. As discussed previously, the FAA is considering
separate rulemaking for the PMA part approved under PMA PQ1715CE that
replicates the provisions and requirements of this AD for those parts.
    The FAA has removed the exception specified in paragraph (h)(2) of
the proposed AD that stated paragraphs (1) and (2) of EASA AD 2021-0049
do not apply. Therefore, this AD now includes the cleaning and greasing
required by AD 2020-16-01 for the affected OEM parts and now allows for
the provision specified in paragraph (2) of EASA AD 2021-0049. The FAA
has added an exception to paragraph (h)(2) of this AD to correlate the
compliance time specified in paragraph (1) of EASA AD 2021-0049 with
the compliance time in AD 2020-16-01. Paragraph (h)(2) of this AD also
explains that operators only need to show compliance with the cleaning
and greasing done on or after the effective date of this AD for the
actions required by paragraph (1) of EASA AD 2021-0049 for any of the
affected OEM parts; operators will no longer need to show compliance
with the requirements of AD 2020-16-01 for affected OEM parts.
    The FAA has also removed the exception specified in paragraph
(h)(6) of the proposed AD that stated paragraphs (5) and (6) of EASA AD
2021-0049 do not apply. Paragraph (5) of EASA AD 2021-0049 provides
credit for paragraph (1) of EASA AD 2021-0049. Paragraph (6) of EASA AD
2021-0049 provides terminating action for paragraph (1) of EASA AD. The
FAA has also clarified the terminating action statement in paragraph
(i) of this AD.

Request To Clarify Paragraph (h)(4) of the Proposed AD

    Delta asked if amending ``the existing AFM and corresponding
operational procedures'' must be done by inserting a copy of EASA AD
2021-0049 into all applicable documentation or must a copy of the EASA
AD and the FAA AD be inserted. The FAA infers Delta is seeking
clarification on this requirement.
    The FAA notes that operators do not need to insert both a copy of
the EASA AD and the FAA AD. Inserting a copy of only EASA AD 2020-0049
into the existing aircraft flight manual (AFM) and applicable
corresponding operational procedures is one acceptable method to comply
with this requirement. The FAA has revised paragraph (h)(4) of this AD
accordingly.

Request To Clarify Paragraph (h)(3) of the Proposed AD

    Delta requested that the FAA explain the intent of the exception in
paragraph (h)(3) of the proposed AD, which states the requirement ``to
operate the aircraft accordingly'' specified in paragraph (4) of EASA
AD 2021-0049 does not apply because that action is already required by
existing FAA operating regulations. Delta asked for confirmation that
there are no procedural changes required for U.S. operators because the
operating requirements are already being complied with.
    The FAA notes that intent of the exception in paragraph (h)(3) of
this AD was explained in the preamble of the NPRM in ``Proposed AD
requirements.'' To clarify, paragraph (4) of EASA AD 2021-0049 requires
flightcrew action to implement the AFM limitation that has been added
to the existing AFM. FAA regulations require pilots to follow the
procedures in the existing AFM including all updates. 14 CFR 91.9
requires that any person operating a civil aircraft must comply with
the operating limitations specified in the AFM. Therefore, operators
already must comply with the operating requirements per the FAA
regulations and an AD requirement ``to operate the airplane
accordingly'' is not necessary.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0049 describes procedures for repetitive cleaning and
greasing of affected cargo door seals; replacing the forward, aft, and
bulk cargo compartment door seals with new seals; and installing a
placard on the forward, aft, and bulk cargo compartment door. For
certain airplanes, EASA AD 2021-0049 describes procedures for
implementing an operational limitation prohibiting flying the airplane
over a route having a diversion time of more than 60 minutes. This
material is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 1,728 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD          1 work-hour x $85   $0................  $85...............  $146,880.
 2020[dash]16[dash]01.             per hour = $85.
New actions.....................  Up to 11            Up to $6,760......  Up to $7,695......  Up to $13,296,960.
                                   work[dash]hours x
                                   $85 per hour = Up
                                   to $935.
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Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2021-18-04 Airbus SAS: Amendment 39-21705; Docket No. FAA-2021-0368;
Project Identifier MCAI-2021-00204-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 20, 2021.

(b) Affected ADs

    This AD affects AD 2020-16-01, Amendment 39-21185 (85 FR 47013,
August 4, 2020) (AD 2020-16-01).

(c) Applicability

    This AD applies to all Airbus SAS airplanes specified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX,
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire
protection; 52, Doors.

(e) Reason

    This AD was prompted by reports of low halon concentration in
the forward and aft cargo compartments due to air leakage through
cargo door seals, and the certification of improved cargo door
seals. The FAA is issuing this AD to address low halon
concentration, which could affect the fire extinguishing system
efficiency in the cargo compartments and possibly result in failure
of the system to contain a cargo compartment fire.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0049, dated February 18, 2021 (EASA AD 2021-0049).

(h) Exceptions to EASA AD 2021-0049

    (1) Where EASA AD 2021-0049 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where paragraph (1) of EASA AD 2021-0049 refers to June 20,
2020 (the effective date of EASA AD 2020-0133, dated June 10, 2020),
this AD requires using August 19, 2020 (the effective date of AD
2020-16-01). However, operators only need to show compliance with
this AD for the cleaning and greasing actions required by paragraph
(1) of EASA AD 2021-0049 that are accomplished on or after the
effective date of this AD. As of the effective date of this AD,
operators do not need to show compliance with the cleaning and
greasing actions required by AD 2020-16-01 for any cargo door seal
having part number (p/n) D5237106020000, D5237106020200,
D5237106020400, D5237300120000, or D5237300120200; or

any bulk cargo door seals having p/n D5237200220000 or
D5237200220200, as those actions are now required by paragraph (1)
of EASA AD 2021-0049.
    (3) Where paragraph (4) of EASA AD 2021-0049 specifies amending
the aircraft flight manual (AFM) and ``operating that aeroplane
accordingly,'' this AD does not include a requirement for
``operating that aeroplane accordingly'' as that action is already
required by existing FAA operating regulations.
    (4) Paragraph (4) of EASA AD 2021-0049 specifies amending ``the
Aircraft Flight Manual (AFM) of the aeroplane,'' however, this AD
requires amending ``the existing AFM and applicable corresponding
operational procedures.'' Inserting a copy of EASA AD 2021-0049 into
the existing AFM and applicable corresponding operational procedures
is an acceptable method to comply with this requirement.
    (5) The ``Remarks'' section of EASA AD 2021-0049 does not apply
to this AD.

(i) Terminating Action for AD 2020-16-01

    Accomplishing the terminating action on an airplane, as
specified in paragraph (6) of EASA AD 2021-0049, for the affected
parts defined in EASA AD 2021-0049 terminates all requirements of AD
2020-16-01 for forward and aft cargo door seals having part number
(p/n) D5237106020000, D5237106020200, D5237106020400,
D5237300120000, or D5237300120200; and bulk cargo door seals having
p/n D5237200220000 or D5237200220200 only.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation 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 responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2021-0049 that contains RC procedures and
tests: Except as required by paragraph (j)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Related Information

    For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0049,
dated February 18, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0049, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2021-0368.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 19, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-19816 Filed 9-14-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 21, 2006 (Volume 71, Number 140)]
[Notices]
[Page 41436-41437]
[DOCID:fr21jy06-43]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2005-0050; FRL-8201-6]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Notification of Chemical
Exports--TSCA Section 12(b); EPA ICR No. 0795.12, OMB No. 2070-0030

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that the following Information
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Exports--TSCA Section 12(b); EPA ICR No. 0795.12, OMB No. 2070-0030.
The ICR, which is abstracted below, describes the nature of the
information collection activity and its expected burden and costs.

DATES: Additional comments may be submitted on or before August 21,
2006.

ADDRESSES: Submit your comments, referencing docket ID Number EPA-HQ-
OPPT-2005-0050 to (1) EPA online using http://www.regulations.gov (our preferred method), by email to<EMAIL_ADDRESS>or by mail to:

Document Control Office (DCO), Office of Pollution Prevention and
Toxics (OPPT), Environmental Protection Agency, Mail Code: 7407T, 1200
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(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Barbara Cunningham, Acting Director,
Environmental Assistance Division, Office of Pollution Prevention and
Toxics, Environmental Protection Agency, Mailcode: 7408-M, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
554-1404; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On November 8, 2005 (70 FR 67697), EPA sought comments on this
renewal ICR. EPA sought comments on this ICR pursuant to 5 CFR
1320.8(d). EPA received one comment during the comment period, which is
addressed in the Supporting Statement of the ICR. Any comments related
to this ICR should be submitted to EPA and OMB within 30 days of this
notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OPPT-2005-0050, which is available for online viewing at
http://www.regulations.gov, or in person inspection at the OPPT Docket

in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301
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excluding legal holidays. The telephone number for the Reading Room is
202-566-1744, and the telephone number for the Pollution Prevention and
Toxics Docket is<PHONE_NUMBER>. Use http://www.regulations.gov to submit

or view public comments, access the index listing of the contents of
the public docket, and to access those documents in the public docket
that are available electronically. Once in the system, key in the
docket ID number identified above, then click on the ``submit'' button.
    EPA's policy is that public comments, whether submitted
electronically or in paper, will be made available for public viewing
in http://www.regulations.gov as EPA receives them and without change,

unless the comment contains copyrighted material, CBI, or other
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including the copyrighted material, will be available in the public
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 For further information about the electronic

docket, go to http://www.regulations.gov.

    Title: Notification of Chemical Exports--TSCA Section 12(b).
    ICR Numbers: EPA ICR Number 0795.12, OMB Control Number 2070-0030.
    ICR Status: This is a request to renew an existing approved
collection. This ICR is scheduled to expire on August 31, 2006. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB.
    Abstract: Section 12(b)(2) of the Toxic Substances Control Act
(TSCA) requires that any person who exports or intends to export to a
foreign country a chemical substance or mixture that is regulated under
TSCA sections 4, 5, 6 and/or 7 submit to EPA notification of such
export or intent to export. Upon receipt of notification, EPA will
advise the government of the importing country of the U.S. regulatory
action with respect to that substance. EPA uses the information
obtained from the submitter via this collection to advise the
government of the importing country.
    Responses to the collection of information are mandatory (see 40
CFR part 707). Respondents may claim all or part of a notice as CBI.
EPA will disclose information that is covered by a CBI claim only to
the extent permitted by, and in accordance with, the procedures in 40
CFR part 2.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register, are listed in 40 CFR part 9 and included on the related
collection instrument or form, if applicable.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.878
hours per response. Burden means the total time, effort or financial
resources expended by persons to generate, maintain, retain or disclose
or provide information to or for a Federal agency. This includes the
time needed to review instructions; develop, acquire, install and
utilize technology and systems for the purposes of collecting,
validating and verifying information, processing and maintaining
information, and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions and
requirements; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
    Respondents/Affected Entities: Entities potentially affected by
this action are companies that export from the United States to foreign
countries, or that engage in wholesale sales of, chemical substances or
mixtures.
    Frequency of Collection: Annual.
    Estimated Average Number of Responses for Each Respondent: 25.
    Estimated Number of Respondents: 350.
    Estimated Total Annual Burden on Respondents: 7,550 hours.
    Estimated Total Annual Costs: $382,130.
    Changes in Burden Estimates: This request reflects an increase of
100 hours (from 7,450 hours to 7,550 hours) in the total estimated
respondent burden from that currently in the OMB inventory. This
increase represents the net effect of an increase in the estimated
number of notices sent to EPA and a decrease in the number of firms
sending notices, based on EPA's recent experiences with TSCA section
12(b) notices. This increase is an adjustment.

    Dated: July 11, 2006.
Sara Hisel McCoy,
Acting Director, Collection Strategies Division.
 [FR Doc. E6-11608 Filed 7-20-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: April 21, 2008 (Volume 73, Number 77)]
[Rules and Regulations]
[Page 21235-21237]
[DOCID:fr21ap08-9]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29063; Directorate Identifier 2007-NM-049-AD;
Amendment 39-15480; AD 2008-08-26]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Boeing Model 767 airplanes. This AD requires a one-time inspection to
determine the material of the forward and aft gray water drain masts.
For airplanes having composite gray water drain masts, this AD also
requires installation of a ground bracket and a bonding jumper between
a ground bracket and the clamp on the tube of the forward and aft gray
water composite drain masts. This AD results from a report of charred
insulation blankets and burned wires around the forward gray water
composite drain mast found during an inspection of the forward cargo
compartment. We are issuing this AD to prevent a fire near a composite
drain mast and possible disruption of the electrical power system
caused by a lightning strike on a composite drain

mast, which could result in the loss of several functions essential for
safe flight.

DATES: This AD is effective May 27, 2008.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of May 27, 2008.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Nicholas Wilson, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
all Boeing Model 767 airplanes. That NPRM was published in the Federal
Register on August 31, 2007 (72 FR 50276). That NPRM proposed to
require a one-time inspection to determine the material of the forward
and aft gray water drain masts. For airplanes having composite gray
water drain masts, that NPRM also proposed to require installation of a
ground bracket and a bonding jumper between a ground bracket and the
clamp on the tube of the forward and aft gray water composite drain
masts.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the single commenter.

Request To Remove Airplanes From the Applicability Statement of the
Proposed AD

    Boeing requests that we revise the applicability statement of the
NPRM to remove certain airplanes. Boeing states that Model 767
airplanes beginning with line number 934 have a ground bracket and
bonding jumper installed in production for both the forward and the aft
composite gray water drain masts. Therefore, Boeing asserts that these
airplanes should not be subject to this AD.
    We partially agree. For the reason stated by Boeing, we have
determined that these airplanes should not be subject to this AD.
However, we do not agree to revise the Applicability statement of this
AD as suggested by Boeing. Instead, we have revised the Applicability
statement of this final rule to state, ``This AD applies to Boeing
Model 767-200, -300, -300F, and -400ER series airplanes, certificated
in any category; as identified in Boeing Special Attention Service
Bulletin 767-30-0047, dated January 25, 2007; and Boeing Special
Attention Service Bulletin 767-30-0048, dated January 25, 2007.'' We
have confirmed that the effectivities of these service bulletins match
the applicability suggested by Boeing.

Explanation of Changes Made to This AD

    We have confirmed with the airplane manufacturer that the composite
and aluminum drain mast can be interchangeable. Therefore, we have
added a new paragraph (h), ``Parts Installation,'' to this final rule
to prohibit installation of a composite gray water drain mast, unless a
new ground bracket and bonding jumper are also installed, as specified
in paragraph (g) of this AD. We have also re-identified subsequent
paragraphs accordingly.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We also determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    There are about 86 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Work     Average labor                                                   Number of U.S.-
              Action                  hours     rate per hour          Parts            Cost per airplane     registered airplanes       Fleet cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection to determine gray water          1             $80  None.................  $80..................  41...................  $3,280.
 drain mast material.
Installation of bonding jumper....          4              80  Up to $654...........  Up to $974...........  Up to 41.............  Up to $39,934.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    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), and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2008-08-26 Boeing: Amendment 39-15480. Docket No. FAA-2007-29063;
Directorate Identifier 2007-NM-049-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective May 27, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 767-200, -300, -300F, and -
400ER series airplanes, certificated in any category; as identified
in Boeing Special Attention Service Bulletin 767-30-0047, dated
January 25, 2007; and Boeing Special Attention Service Bulletin 767-
30-0048, dated January 25, 2007.

Unsafe Condition

    (d) This AD results from a report of charred insulation blankets
and burned wires around the forward gray water composite drain mast
found during an inspection of the forward cargo compartment. We are
issuing this AD to prevent a fire near a composite drain mast and
possible disruption of the electrical power system caused by a
lightning strike on a composite drain mast, which could result in
the loss of several functions essential for safe flight.

Compliance

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

Inspection To Determine Material of Gray Water Drain Mast

    (f) Within 60 months after the effective date of this AD,
inspect the forward and aft gray water drain masts to determine
whether the drain mast is made of aluminum or composite. A review of
airplane maintenance records is acceptable in lieu of this
inspection if the material of the forward and aft gray water drain
masts can be conclusively determined from that review.
    (1) For any aluminum gray water drain mast identified during the
inspection or records check required by paragraph (f) of this AD, no
further action is required by this AD for that drain mast only.
    (2) For any composite gray water drain mast identified during
the inspection or records check required by paragraph (f) of this
AD, do the actions specified in paragraph (g) of this AD.

Installation of New Ground Bracket and Bonding Jumper

    (g) For any composite gray water drain mast identified during
the inspection or records check required by paragraph (f) of this
AD: Within 60 months after the effective date of this AD, install a
bonding jumper between the new ground bracket and the clamp on the
tube of the gray water composite drain mast, in accordance with the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 767-30-0047, dated January 25, 2007 (for Model 767-200, -
300, and -300F series airplanes); and Boeing Special Attention
Service Bulletin 767-30-0048, dated January 25, 2007 (for Model 767-
400ER series airplanes).

Parts Installation

    (h) As of the effective date of this AD, no person may install,
on any airplane, a composite gray water drain mast, unless a new
ground bracket and bonding jumper are also installed, as specified
in paragraph (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

Material Incorporated by Reference

    (j) You must use Boeing Special Attention Service Bulletin 767-
30-0047, dated January 25, 2007; or Boeing Special Attention Service
Bulletin 767-30-0048, dated January 25, 2007; as applicable; to do
the actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington
98124-2207.
    (3) You may review copies of the service information
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>, or
go to: http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.

    Issued in Renton, Washington, on April 7, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-8317 Filed 4-18-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: March 28, 2008 (Volume 73, Number 61)]
[Proposed Rules]
[Page 16577-16579]
[DOCID:fr28mr08-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0360; Directorate Identifier 2007-NM-368-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier Model DHC-8-400 Series
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    Several production aircraft have been found with the elevator
overload bungees installed in reverse orientation: i.e., larger end
outboard rather than inboard. This bungee reversal does not impact
normal operation of the elevator, and would not increase the
probability of an elevator disconnect. However, if a bungee became
disconnected at the inboard side, the corresponding side of the
elevator may not center, and this could adversely affect the pitch
control of the aircraft.

    Loss of elevator pitch control could result in reduced
controllability of the airplane. The proposed AD would require actions
that are intended to address the unsafe condition described in the
MCAI.

DATES: We must receive comments on this proposed AD by April 28, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Fabio Buttitta, Aerospace Engineer,
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0360;
Directorate Identifier 2007-NM-368-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2007-30, dated November 28, 2007 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    Several production aircraft have been found with the elevator
overload bungees installed in reverse orientation: i.e., larger end
outboard rather than inboard. This bungee reversal does not impact
normal operation of the elevator, and would not increase the
probability of an elevator disconnect. However, if a bungee became
disconnected at the inboard side, the corresponding side of the
elevator may not center, and this could adversely affect the pitch
control of the aircraft.

    Loss of elevator pitch control could result in reduced
controllability of the airplane. Corrective action includes a visual
inspection for correct installation of the elevator overload bungees,
reinstallation if necessary, and installation of labels to the elevator
overload bungees. You may obtain further information by examining the
MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Service Bulletins 84-27-27, dated May 24,
2005; and 84-27-30, Revision `C' dated October 31, 2007. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

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

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 38 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to

comply with the basic requirements of this proposed AD. The average
labor rate is $80 per work-hour. Required parts would cost about $36
per product. Where the service information lists required parts costs
that are covered under warranty, we have assumed that there will be no
charge for these costs. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of the proposed AD
on U.S. operators to be $4,408, or $116 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

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

Bombardier, Inc. (Formerly de Havilland, Inc.): Docket No. FAA-2008-
0360; Directorate Identifier 2007-NM-368-AD.

Comments Due Date

    (a) We must receive comments by April 28, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-400, DHC-8-401,
and DHC-8-402 airplanes; certificated in any category; having serial
numbers 4003 and subsequent.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight
controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Several production aircraft have been found with the elevator
overload bungees installed in reverse orientation: i.e., larger end
outboard rather than inboard. This bungee reversal does not impact
normal operation of the elevator, and would not increase the
probability of an elevator disconnect. However, if a bungee became
disconnected at the inboard side, the corresponding side of the
elevator may not center, and this could adversely affect the pitch
control of the aircraft.

    Loss of elevator pitch control could result in reduced
controllability of the airplane. Corrective action includes a visual
inspection for correct installation of the elevator overload
bungees, reinstallation if necessary, and installation of labels to
the elevator overload bungees.

Actions and Compliance

    (f) For airplanes having serial numbers 4003, 4004, 4006, and
4008 through 4159: unless already done, do the following actions.
    (1) Within 5,000 flight hours after the effective date of this
AD: Visually inspect both left and right elevator overload bungees,
part number (P/N) FE289000000, to determine if they are correctly
installed, in accordance with Bombardier Service Bulletin 84-27-30,
Revision `C,' dated October 31, 2007. If any bungee is found
installed incorrectly, remove the bungee and re-install it correctly
before the next flight in accordance with the service bulletin.
    (2) Within 5,000 flight hours after the effective date of this
AD: Attach label, P/N FE289006200, to both left and right elevator
overload bungees to show the correct orientation of the outboard end
in accordance with Bombardier Service Bulletin 84-27-30, Revision
`C,' dated October 31, 2007.
    (3) Within 5,000 flight hours after the effective date of this
AD: Re-identify the P/N to read ``FE289000001'' on the
identification plate of both the left and right elevator overload
bungees in accordance with Bombardier Service Bulletin 84-27-30,
Revision `C,' dated October 31, 2007.
    (4) Actions accomplished before the effective date of this AD in
accordance with Bombardier Service Bulletin 84-27-27, dated May 24,
2005, are acceptable for compliance with the corresponding actions
specified in paragraphs (f)(1), (f)(2), and (f)(3) of this AD.
    (5) Actions accomplished before the effective date of this AD in
accordance with Bombardier Service Bulletin 84-27-30, dated February
8, 2007; Revision `A,' dated March 2, 2007; or Revision `B,' dated
May 3, 2007; are acceptable for compliance with the corresponding
actions specified in this AD.

    Note 1: Paragraphs (f)(2) and (f)(3) of this AD constitute
Modsum 4-113537.

    (g) For all airplanes: As of the effective date of this AD, no
replacement/spare elevator overload bungees, P/N FE289000000, are
permitted to be installed on any airplane. Only elevator overload
bungees identified with new P/N ``FE289000001'' on the
identification plate are permitted to be installed.

FAA AD Differences

    Note 2:
    This AD differs from the MCAI and/or service information as
follows: No differences.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. Send information to ATTN: Fabio Buttitta, Aerospace
Engineer, Systems and Flight Test Branch, ANE-172, FAA, New York
ACO, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
appropriate principal inspector (PI) in the FAA Flight Standards
District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required

to assure the product is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (i) Refer to MCAI Canadian Airworthiness Directive CF-2007-30,
dated November 28, 2007; and Bombardier Service Bulletin 84-27-30,
Revision `C,' dated October 31, 2007; for related information.

    Issued in Renton, Washington, on March 20, 2008.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-6300 Filed 3-27-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14104-14106]
[FR Doc No: 2016-05818]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0022 FRL-9943-20]

Pesticide Product Registration; Receipt of Applications for New
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received applications to register new uses for
pesticide products containing currently registered active ingredients.
Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), EPA is hereby providing notice of receipt and opportunity to
comment on these applications.

DATES: Comments must be received on or before April 15, 2016.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2015-0022 and the File Symbol of interest as
shown in the body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Director,
Biopesticides and Pollution Prevention Division (BPPD) (7511P), email
address<EMAIL_ADDRESS>or Susan Lewis, Director, Registration
Division (RD) (7505P), email address<EMAIL_ADDRESS>The mailing
address for each contact person is: Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. The main telephone number is<PHONE_NUMBER>.
As part of the mailing address, include the contact person's name,
division, and mail code. The division to contact is listed at the end
of each pesticide petition summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Registration Applications

    EPA has received applications to register new uses for pesticide
products containing currently registered active ingredients. Pursuant
to the provisions of FIFRA section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA
is hereby providing notice of receipt and opportunity to comment on
these applications. Notice of receipt of these applications does not
imply a decision by the Agency on these applications.

    1. EPA Registration Number: 264-1118 and 264-1119. Docket ID
number: EPA-HQ-OPP-2015-0559. Applicant: Bayer CropScience, 2 T.W.
Alexander Drive, Research Triangle Park, NC 27709. Active
ingredient: Penflufen. Product type: fungicide. Proposed use: Onion
Subgroups 3-07A; 3-07B. Contact: RD.
    2. EPA Registration Number: 264-1118; 264-1119; and 264-1122.
Docket ID number: EPA-HQ-OPP-2015-0559. Applicant: Bayer
CropScience, 2 T.W. Alexander Drive, Research Triangle Park, NC
27709. Active ingredient: Penflufen. Product type: fungicide.
Proposed uses: Sugarbeet seed treatment. Contact: RD.
    3. EPA File Symbol: 264-1141 and 264-1143. Docket ID number:
EPA-HQ-OPP-2013-0226. Applicant: Bayer CropScience LP, 2 T.W.
Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709.
Active ingredient: Flupyradifurone. Product Type: Insecticide.
Proposed Uses: Abiu; Akee Apple; Avocado; Bacury; Banana; Binjai;
Caneberry subgroup 13-07A; Canistel; Cilantro; Cupuac[uacute];
Etambe; Greenhouse Cucumbers; Greenhouse Lettuce; Greenhouse Pepper;
Greenhouse Tomato; Jatob[aacute]; Kava roots and leaves; Kei Apple;
Langstat; Lanjut; Lucuma; Mabolo; Mango; Mangosteen; Indoor
Ornamentals; Paho; Papaya; Pawpaw common; Pelipisam; Pequi; Pequia;
Persimmon, American; Plantain; Pomegranate; Poshte; Quandong;
Quinoa; Residential Ornamentals; Sapote; Sataw; Screw-Pine; Star
apple, Tamarind-of-the-Indies; Stone Fruit group 12-12; and Wild
Loquat. Contact: RD.
    4. EPA Registration Numbers: 279-3242, 279-3181, 279-3241, 279-
3276 and 279-3194. Docket ID number: EPA-HQ-OPP-2015-0030.
Applicant: FMC Corporation, Agricultural Products Group, 1735 Market
Street Philadelphia, PA 19103. Active ingredient: Carfentrazone-
ethyl. Product type: Herbicide. Proposed uses: Artichoke; Asparagus;
Berry, low growing subgroup 13-07G; Bushberry subgroup 13-07B;
Caneberry subgroup 13-07A; Fruit, citrus group 10-10; Fruit, pome
group 11-10; Fruit, small vine climbing subgroup 13-07F, except
fuzzy kiwi fruit; Fruit, stone group 12-12; Grain, cereal, forage,
group 16; Grain, cereal, hay, group 16; Grain, cereal, stover, group
16, Grain, cereal, straw, group 16; Nut, tree group 14-12; Oilseed
group 20; Peppermint, tops; Psyllium, seed; Quinoa, grain;
Spearmint, tops; Teff, grain; Teff, forage; Teff, straw; Teff, hay;
Vegetable, bulb group 3-07; and Vegetable, fruiting group 8-10.
Contact: RD.
    5. EPA Registration Numbers: 279-3460, 279-3052, 279-3158.
Docket ID number: EPA-HQ-OPP-2015-0763. Applicant: FMC, 1735 Market
Street, Philadelphia, PA 19103. Active ingredient: Clomazone.
Product type: Herbicide. Proposed uses: Asparagus and Edamame.
Contact: RD.
    6. EPA Registration Number: 5481-433 and 5481-429. Docket ID
number: EPA-HQ-OPP-2014-0769. Applicant: AMVAC Chemical Corporation,
4695 MacArthur Court, Suite 1200, Newport Beach, CA 92660. Active
ingredient: 1-Naphthaleneacetic acid ester. Product type: Fungicide.
Proposed use: Pomegranate. Contact: RD.
    7. EPA Registration Number: 7969-261, 7969-262. Docket ID
number: EPA-HQ-OPP-2015-0825. Applicant: BASF Corporation, 26 Davis
Drive, P.O. Box 13528, Research Triangle Park, NC 27709. Active
ingredient: Topramezone (3-(4,5-Dihydro-isoxazol-3-yl)-4-
methanesulfonyl-2-methylphenyl]-(5-hydroxyl-1-methyl-1H-pyrazol-4-
yl)methanone). Product type: Herbicide. Proposed use: Sugarcane.
Contact: RD.
    8. EPA Registration Number: 10163-277. Docket ID number: EPA-HQ-
OPP-2015-0797. Applicant: Gowan Company, P.O. Box 5569, Yuma, AZ,
85366-5569. Active ingredient: Hexythiazox. Product type:
Insecticide. Proposed use: Sugar beet. Contact: RD.
    9. EPA Registration Number: 10163-277. Docket ID number: EPA-HQ-
OPP-2015-0795. Applicant: Gowan Company, P.O. Box 5569, Yuma, AZ,
85366-5569. Active ingredient: Hexythiazox. Product type:
Insecticide. Proposed use: Bermudagrass. Contact: RD.
    10. EPA Registration Number: 10163-322. Docket ID number: EPA-
HQ-OPP-2016-0029. Applicant: Gowan Company, P.O. Box 5569, Yuma, AZ
85366-5569. Active ingredient: Fenazaquin. Product type: Miticide/
Insecticide. Proposed uses: Hops and Tree nut crop group 14-12.
Contact: RD.
    11. EPA Registration Number or File Symbol: 11678-73 and 66222-
EAE. Docket ID number: EPA-HQ-OPP-2015-0569. Applicant: Makhteshim
Agan of North America, 3120 Highlands Blvd., Suite 100, Raleigh, NC
27604. Active ingredient: Fluensulfone. Product type: Insecticide.
Proposed Use: Tuber and corm vegetables subgroup 1C. Contact: RD.
    12. EPA Registration Numbers: 59639-119, 59639-99, 59639-207,
59639-127, 59639-97. Docket ID number: EPA-HQ-OPP-2015-0658.
Applicant: Valent USA Corporation, 1600 Riviera Avenue, Suite 200.
Walnut Creek, CA 94596-8025. Active ingredient: flumioxazin 2-[7-
fluoro-3,4-dihydro3-oxo-4-(2-proponyl)-2H-1,4-benzoxazin-6-yl]-
4,5,6,7-tetrahydro-1Hisoindole-1,3(2H)-dione. Product type:
Herbicide. Proposed uses: Berry, low growing, subgroup 13-07G;
Brassica, head and stem, subgroup 5A; caneberry, subgroup 13-07A;
citrus oil; clover, forage; clover, hay; fruit, citrus group 10-10;
fruit, pome group 11-10; fruit, small vine climbing, except fuzzy
kiwifruit, subgroup 13-07F; fruit, stone, group 12-12; nut, tree
group 14-12; onion, bulb subgroup 3-07A; and vegetable, fruiting
group 8-10. Contact: RD.
    13. EPA Registration Numbers: 66330-38 and 66330-39. Docket ID
number: EPA-HQ-OPP-2015-0829. Applicant: Arysta LifeScience North
America, LLC, 15410 Weston Parkway, Suite 150, Cary, NC 27513.
Active ingredient: Acequinocyl. Product type: Miticide. Proposed
Uses: Avocado, Dry Bean, Cucurbit Vegetables group 9, Tea, Cherry
subgroup 12-12A, and Crop Group Conversions for Citrus Fruit group
10-10, Pome Fruit group 11-10, Tree Nut group 14-12, and Fruiting
Vegetable group 8-10. Contact: RD.
    14. EPA Registration Numbers: 66330-64 and 66330-65. Docket ID
number: EPA-HQ-OPP-2015-0727. Applicant: Arysta LifeScience North
America, LLC 15401 Weston Parkway, Suite 150, Cary, North Carolina
27513. Active ingredient: Fluoxastrobin. Product type: Fungicide.
Proposed uses: Avocado, barley; canola (Rapeseed Subgroup 20A); and
dried shelled pea and bean (except soybean) Crop Subgroup 6C.
Contact: RD.
    15. EPA Registration Numbers: 63588-91, 63588-92. Docket ID
number: EPA-HQ-OPP-2015-0787. Applicant: K-I Chemical USA. Inc., 11
Martine Ave., Suite 970 White Plains, NY 10606. Active ingredient:
Pyroxasulfone. Product type: Herbicide. Proposed uses: Flax, peanut
crop subgroup 6C. Contact: RD.
    16. EPA Registration Number: 71185-5. Docket ID number: EPA-HQ-
OPP-2015-0820. Applicant: Geo Logic Corporation, P.O. Box 3091,
Tequesta, FL 33469. Active ingredient: Oxytetracycline
hydrochloride. Product type: Fungicide/Bactericide. Proposed use:
Citrus Fruit Crop Group 10-10. Contact: RD.
    17. File Symbol: 71512-1 and 71512-8. Docket ID number: EPA-HQ-
OPP-2015-0703. Applicant: ISK Biosciences Corporation, 7470 Auburn
Road, Suite A, Concord, OH, 44077. Active ingredient: Fluazinam.
Product type: Fungicide. Proposed Uses: Brassica leafy group 5
(except

cabbage), cabbage, mayhaw, squash/cucumber subgroup 9B, and tuberous
and corm subgroup 1C. Contact: RD.
    18. EPA File Symbol: 72500-EA. Docket ID number: EPA-HQ-OPP-
2015-0826. Applicant: Scimetrics Ltd. Corporation, P.O. Box 1045,
Wellington, CO 80549. Active ingredient: Warfarin. Product type:
Rodenticide. Proposed Use: Bait applied in bait dispensers to
control feral hogs. Contact: RD.
    19. File Symbol: 80289-EE. EPA Registration Numbers: 80289-1,
80289-7, 80289-8 80289-18. Docket ID number: EPA-HQ-OPP-2015-0695.
Applicant: Isagro S.P.A. (d/b/a Isagro USA, Inc.) 430 Davis Drive,
Suite 240, Morrisville, NC 27560. Active ingredient: Tetraconazole.
Product type: Fungicide. Proposed use: Cucurbit Vegetables Group
(Crop Group 9) and Fruiting Vegetable Group (Crop Group 8-10).
Contact: RD.
    20. EPA Registration Number: 80990-1. Docket ID number: EPA-HQ-
OPP-2015-0820. Applicant: Agrosource, Inc. P.O. Box 3091 Tequesta,
FL 33469. Active ingredient: Oxytetracycline hydrochloride. Product
type: Fungicide/Bactericide. Proposed use: Citrus Fruit Crop Group
10-10. Contact: RD.

    Authority: 7 U.S.C. 136 et seq.

    Dated: March 9, 2016.
G. Jeffery Herndon,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-05818 Filed 3-15-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 224 (Tuesday, November 20, 2012)]
[Notices]
[Pages 69677-69679]
[FR Doc No: 2012-28192]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68233; File No. SR-NYSEArca-2012-103]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Changes Amending NYSE Arca, Inc. Rules 3.2
and 3.3 and NYSE Arca Equities, Inc. Rules 3.2 and 3.3 To Expand the
Eligibility Requirements for Service on Certain Boards of Directors and
Committees

November 14, 2012.

I. Introduction

    On September 18, 2012, NYSE Arca, Inc. (``NYSE Arca'') filed with
the Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) \1\ of the Securities Exchange Act of 1934
(``Act''),\2\ and Rule 19b-4 thereunder,\3\ proposed rule changes to
amend NYSE Arca Rules 3.2 and 3.3 and NYSE Arca Equities, Inc. (``NYSE
Arca Equities'') Rules 3.2 and 3.3 to expand the eligibility
requirements for service on the Board of Directors of NYSE Arca (``NYSE
Arca Board'') and certain committees of NYSE Arca and NYSE Arca
Equities. The proposed rule changes were published for comment in the
Federal Register on October 1, 2012.\4\ The Commission received no
comment letters on the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ See Securities Exchange Act Release No. 67923 (September 25,
2012), 77 FR 59995 (SR-NYSEArca-2012-103) (the ``Notice'').
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II. Background

Amendments to NYSE Arca Rules 3.2 and 3.3

    NYSE Arca Rule 3.2(a) sets forth the general provisions for Options
Committees. Specifically, NYSE Arca Rule 3.2(a)(8) states that any OTP
Holder \5\ of the Exchange in good standing, Allied Person \6\ of an
OTP Firm,\7\ or person from the public is eligible for appointment or
election to various Options Committees. NYSE Arca Rule 3.2(b) sets
forth the eligibility requirements for three specific Options
Committees: The Ethics and Business Conduct Committee (the ``EBCC
Committee''), the Nominating Committee, and the OTP Advisory
Committee.\8\ NYSE Arca Rule 3.3(a) sets forth the eligibility
requirements for the Board Appeals Committee and Appeals

Panel.\9\ The Exchange proposes to amend its rules to expand the
eligibility requirements to serve on these various committees and
panels to include OTP Holders, Allied Persons of OTP Firms and
Associated Persons \10\ of OTP Firms.
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    \5\ An ``OTP Holder'' is a natural person, in good standing, who
has been issued an Options Trading Permit (``OTP''), or has been
named as a nominee. See NYSE Arca Rule 1.1(q).
    \6\ An ``Allied Person'' (for purposes of NYSE Arca Rules) is an
individual who is (1) an employee of an OTP Firm who controls such
firm, (2) an employee of an OTP Firm corporation who is a director
or a principal executive officer of such corporation, (3) an
employee of an OTP Firm limited liability company who is a manager
or a principal executive officer of such limited liability company,
or (4) a general partner in an OTP Firm partnership. Each of these
persons must be approved by the Exchange as an Allied Person. See
NYSE Arca Rule 1.1(b).
    \7\ ``OTP Firm'' means a sole proprietorship, partnership,
corporation, limited liability company, or other organization in
good standing who holds an OTP or upon whom an individual OTP Holder
has conferred trading privileges on the Exchange's trading
facilities. See NYSE Arca Rule 1.1(r).
    \8\ The EBCC currently consists primarily of OTP Holders and
Allied Persons of an OTP Firm. See NYSE Arca Rule 3.2(b)(1)(A). The
Nominating Committee currently consists of six OTP Holders. See NYSE
Arca Rule 3.2(b)(2)(A). The OTP Advisory Committee currently
consists of OTP Holders. See NYSE Arca Rule 3.2(b)(3)(A).
    \9\ Each Appeals Panel is made up of no less than three (3) but
no more than five (5) individuals, at least one of whom is a
director that is an OTP Holder or Allied Person of an OTP Firm. See
NYSE Arca Rule 3.3(a)(1)(B).
    \10\ ``Associated Person'' is person who is a partner, officer,
director, member of a limited liability company, trustee of a
business trust, employee of an OTP Firm, or any person directly or
indirectly controlling, controlled by or under common control with
an OTP Firm. See NYSE Arca Rule 1.1(d).
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    The Exchange also proposes to expand the eligibility for its fair
representation directors.\11\ Currently, the Nominating Committee
publishes the name of one OTP Holder or Allied Person of an OTP Firm as
its nominee for the NYSE Arca Board.\12\ The Exchange proposes to
expand the eligibility for fair representation directors by amending
this rule to allow the Nominating Committee to publish the name of an
Associated Person of an OTP Firm as well.
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    \11\ Under Section 3.02(a) of the Bylaws of NYSE Arca, the NYSE
Arca Board must have 8-12 directors, and at least 20 percent of the
directors must be individuals nominated by trading permit holders,
with at least one director nominated by the Equities Trading Permit
Holders (``ETP Holders'') of NYSE Arca Equities, and at least one
director nominated by the OTP Holders of the Exchange. In addition,
at least 50 percent of the directors must be directors who represent
the public. The exact number of the directors nominated by the ETP
Holders and OTP Holders is determined from time to time by the NYSE
Arca Board, subject to the percentage restrictions described above.
    \12\ See NYSE Arca Rule 3.2(b)(2)(C)(ii).
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Amendments to NYSE Arca Equities Rules

    The Exchange proposes to make parallel changes to the NYSE Arca
Equities Rules. NYSE Arca Equities Rule 3.2(a) sets forth general
provisions for various Equities Committees. Specifically, NYSE Arca
Equities Rule 3.2(a)(8) states that any ETP Holder \13\ of the Exchange
in good standing or Allied Person \14\ of an ETP Holder,\15\ or person
from the public is eligible for appointment or election to Equities
Committees. NYSE Arca Equities Rule 3.2(b) sets forth provisions for
two specific Equities Committees: The Business Conduct Committee (the
``BCC Committee'') and the Nominating Committee (the ``Equities
Nominating Committee'').\16\ NYSE Arca Rule 3.3(a) sets forth the
eligibility requirements for the Board Appeals Committee.\17\ The
Exchange proposes to amend the rules of NYSE Arca Equities so to expand
the eligibility requirements to serve on these various committees and
panels to include ETP Holders, Allied Persons of ETP Firms and
Associated Persons \18\ of ETP Firms.
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    \13\ An ``ETP Holder'' is a sole proprietorship, partnership,
corporation, limited liability company or other organization in good
standing that has been issued an Equities Trading Permit. See NYSE
Arca Equities Rule 1.1(n).
    \14\ An ``Allied Person'' (for purposes of NYSE Arca Equities
Rules) is an individual who is (1) an employee of an ETP Holder who
controls such firm, (2) an employee of an ETP Holder corporation who
is a director or a principal executive officer of such corporation,
(3) an employee of an ETP Holder limited liability company who is a
manager or a principal executive officer of such limited liability
company, or (4) a general partner in an ETP Holder partnership; each
of these persons must be approved by NYSE Arca Equities as an Allied
Person. See NYSE Arca Equities Rule 1.1(c).
    \15\ ETP Firm means a sole proprietorship, partnership,
corporation, limited liability company, or other organization in
good standing who holds an OTP or upon whom an individual OTP Holder
has conferred trading privileges on the Exchange's trading
facilities. See NYSE Arca Rule 1.1(r).
    \16\ The BCC currently consists of a minimum of one ETP Holder
or Allied Persons of an ETP Holder. See NYSE Arca Equities Rule
3.2(b)(1)(A). The Nominating Committee currently consists of six ETP
Holders. See NYSE Arca Equities Rule 3.2(b)(2)(A).
    \17\ Each Appeals Committee currently consists of at least one
public director and at least one director that is an ETP Holder or
Allied Person of an ETP Firm. See NYSE Arca Equities Rule
3.3(a)(1)(A).
    \18\ ``Associated Person'' is person who is a partner, officer,
director, member of a limited liability company, trustee of a
business trust, employee of an ETP Holder, or any person directly or
indirectly controlling, controlled by or under common control with
an ETP Holder. See NYSE Arca Equities Rule 1.1(f).
---------------------------------------------------------------------------

    In addition to amending the composition requirements of the
Equities Nominating Committee, the Exchange also proposes to amend NYSE
Arca Rules 3.2(b)(2)(C)(i) to expand the eligibility for fair
representation directors. Currently, the Equities Nominating Committee
may nominate ETP Holders or Allied Persons of ETP Holders to serve on
the NYSE Arca Board. The Exchange proposes to expand the eligibility
for fair representation directors by amending this rule to allow the
Equities Nominating Committee to publish the name of an Associated
Person of an ETP Firm as well.

III. Discussion and Commission Findings

    The Commission has reviewed carefully the proposed rule changes and
finds that the proposed rule changes are consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange.\19\ In particular, the
Commission finds that the proposed rule changes are consistent with
Section 6(b)(3) of the Act,\20\ which, among other things, requires
that the rules of an exchange assure a fair representation of its
members in the selection of its directors and administration of its
affairs and provides that one or more directors shall be representative
of issuers and investors and not be associated with a member of the
exchange, broker or dealer. As the Exchange notes, the proposed rule
changes are consistent with the composition requirements set forth in
the governing documents of other self-regulatory organizations.\21\ The
Exchange is not proposing to alter the number of fair representation
candidates on the boards or any other aspect of the NYSE Arca Board's
composition or nomination process.
---------------------------------------------------------------------------

    \19\ In approving the proposed rule changes, the Commission has
considered their impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \20\ 15 U.S.C. 78f(b)(3).
    \21\ See Notice, supra note 3 at 59995-59997.
---------------------------------------------------------------------------

    The proposed rule change also furthers the objectives of Section
6(b)(6) of the Act,\22\ because it provides for appropriate discipline
for violations of Exchange rules and regulations. The Commission
believes that the proposed rule change will expand the available
candidates with industry knowledge that are eligible for membership on
the Options and Equities Committees that are involved in reviewing
disciplinary actions against OTP Holders, OTP Firms, and ETP Holders
and advising on rule changes related to disciplinary matters and
trading rules.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78f(b)(6).
---------------------------------------------------------------------------

    The Commission also believes that the proposed rule change furthers
the objectives of Section 6(b)(5) of the Act \23\ in that 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 regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Specifically,
the Commission believes the proposed rule change would expand the pool
of candidates eligible for membership on the NYSE Arca Board and
committees of NYSE Arca and NYSE Arca Equities and thereby increase the
breadth of industry knowledge that would be available to these
entities, which should benefit the public interest.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78f(b)(5).

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

IV. Conclusion

    For the foregoing reasons, the Commission finds that the proposed
rule changes are consistent with the Act and the rules and regulations
thereunder applicable to a national securities exchange.
    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\24\ that the proposed rule changes (SR-NYSEArca-2012-103), are
approved.
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    \24\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
Kevin M. O'Neill,
Deputy Secretary.
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    \25\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2012-28192 Filed 11-19-12; 8:45 am]
BILLING CODE 8011-01-P