[Federal Register Volume 86, Number 74 (Tuesday, April 20, 2021)]
[Rules and Regulations]
[Pages 20453-20455]
[FR Doc No: 2021-08057]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0965; Project Identifier MCAI-2020-01068-T;
Amendment 39-21502; AD 2021-08-08]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by
a report that a welding quality issue has been identified in the gimbal
joint of the air bleed duct located at each wing-to-pylon interface;
the inner ring of a gimbal had deformed to an oval shape, which could
lead to cracking caused by direct contact between metal parts. This AD
requires replacing affected bleed duct assemblies and bleed gimbals at
the wing-to-pylon interface with a serviceable part, 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 May 25, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 25,
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-2020-0965.

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-2020-
0965; 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: Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0169R1, dated August 19, 2020
(EASA AD 2020-0169R1) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus SAS Model A350-941 and -1041 airplanes.
    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
A350-941 and -1041 airplanes. The NPRM published in the Federal
Register on October 23, 2020 (85 FR 67467). The NPRM was prompted by a
report that a welding quality issue has been identified in the gimbal
joint of the air bleed duct located at each wing-to-pylon interface;
the inner ring of a gimbal had deformed to an oval shape, which could
lead to cracking caused by direct contact between metal parts. The NPRM
proposed to require replacing affected bleed duct assemblies and bleed
gimbals at the wing-to-pylon interface with a serviceable part, as
specified in EASA AD 2020-0169R1.
    The FAA is issuing this AD to address a welding quality issue that
could cause

cracking, and could lead to hot bleed air leakage in the pylon area,
and possibly result in loss of the pneumatic system and exposure of the
wing structure to high temperatures, and lead to reduced structural
integrity of the airplane. 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 Correct Notes and Clearances in the Referenced Service
Information

    Delta Airlines (DAL) stated that the service information referenced
in EASA AD 2020-0169R1 calls out the wrong note in several locations.
DAL stated that view A-A, ``The Wing Environment,'' in SHEET 3/3 of
Figure ICN-A350-A-36XXP023-A-FAPE3-05BQ7-A-001-01; and SHEET 3/3 of
Figure ICN-A350-A-36XXP024-A-FAPE3-05CCU-A-001-01; calls out Note 03
and this should be Note 04. DAL also stated that in View B-B, those
figures call out Note 04 and this should be Note 03. The FAA infers
that DAL is requesting the FAA add an exception to the proposed AD to
clarify the correct note numbers.
    DAL commented that when reviewing maintenance procedure (MP) A350-
A-36-11-48-08001-720A-A, it noted that the MP does not specify a
clearance during the installation process and it does not mention
clearance to structure. DAL stated that both notes in the referenced
figures should use the same standard as the MP installation
instructions, which is, ``Make sure there is clearance between
structure and sensing elements,'' rather than specifying minimum
clearances. DAL added that including minimum clearance dimensions in
the notes in the referenced figures will make them mandatory.
    The FAA agrees to provide clarification regarding these issues.
Airbus has confirmed that the notes could have been written without
mentioning general terms like ``elements'' or ``wing environment,'' but
all drawing references and the clearances expressed in them are
correct. Specifying minimum clearance dimensions in the referenced
figures is intentional and needed to address the unsafe condition
identified in this AD. The FAA has not changed the AD in this regard.

Request To Clarify Verbiage in the Referenced Service Information

    DAL stated that the service information referenced in EASA AD 2020-
0169R1 uses the terms ``detailed inspection of bleed gimbals'' and
``general visual inspection of bleed gimbal records.'' DAL commented
that these terms are confusing and negate the FAA's definition of
general visual inspection. DAL proposed the following, which it stated
is the FAA's standard wording: ``perform a detailed visual inspection
on bleed gimbals'' and ``review aircraft maintenance records for bleed
gimbal removals.''
    The FAA agrees to provide clarification. The FAA contacted EASA for
clarification of the inspections specified in the service information
referenced in EASA AD 2020-0169R1. The intent of the ``detailed
inspection of bleed gimbals'' and the ``general visual inspection of
the bleed gimbal records'' is to verify the part numbers and
manufacturing dates of the bleed gimbals. The FAA has added paragraph
(h)(3) of this AD to clarify that where the service information
referenced in EASA AD 2020-0169R1, specifies doing a ``general visual
inspection'' and ``detailed inspection'' of the bleed gimbals and bleed
gimbal records, this AD allows for an inspection to determine the part
number and manufacturing date of the bleed gimbals.

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 2020-0169R1 describes procedures for replacing affected
bleed duct assemblies and bleed gimbals at the wing-to-pylon interface
with serviceable parts. 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 13 airplanes of U.S.
registry. The FAA estimates 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
----------------------------------------------------------------------------------------------------------------
25 work-hours x $85 per hour =   Up to $48,800............  Up to $50,925............  Up to $662,025.
 $2,125.
----------------------------------------------------------------------------------------------------------------

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:

2021-08-08 Airbus SAS: Amendment 39-21502; Docket No. FAA-2020-0965;
Project Identifier MCAI-2020-01068-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 25, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Reason

    This AD was prompted by a report that a welding quality issue
has been identified in the gimbal joint of the air bleed duct
located at each wing-to-pylon interface; the inner ring of a gimbal
had deformed to an oval shape, which could lead to cracking caused
by direct contact between metal parts. The FAA is issuing this AD to
address this condition, which could lead to hot bleed air leakage in
the pylon area, and possibly result in loss of the pneumatic system
and exposure of the wing structure to high temperatures, and lead to
reduced structural integrity of the airplane.

(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
2020-0169R1, dated August 19, 2020 (EASA AD 2020-0169R1).

(h) Exceptions to EASA AD 2020-0169R1

    (1) Where EASA AD 2020-0169R1 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0169R1 does not
apply to this AD.
    (3) Where the service information referenced in paragraph (2) of
EASA AD 2020-0169R1 specifies doing a ``general visual inspection''
and ``detailed inspection'' of bleed gimbal records and bleed
gimbals, this AD allows for an inspection to determine the part
number and manufacturing date of the bleed gimbals. A review of
airplane maintenance records is acceptable in lieu of this
inspection for the part number of the bleed gimbals if it can be
conclusively determined from that review.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-
0169R1 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.

(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): Except as required by
paragraph (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those 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 Kathleen Arrigotti,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER><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 2020-0169R1,
dated August 19, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0169R1, 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-2020-0965.
    (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 April 1, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-08057 Filed 4-19-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 25, 2009 (Volume 74, Number 36)]
[Notices]
[Page 8521-8522]
[DOCID:fr25fe09-37]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP09-60-000; PF08-20-000]

Dominion Cove Point LNG, LP; Notice of Application

February 18, 2009.
    Take notice that on February 4, 2009, Dominion Cove Point LNG, LP
(Cove Point) with a principal place of business at 120 Tredegar Street,
Richmond, VA, filed with the Federal Energy Regulatory Commission an
application under section 3 of the Natural Gas Act seeking
authorization to upgrade, modify, and expand the existing offshore pier
at Cove Point's LNG Terminal located in Calvert County, Maryland. Cove
Point says that these proposed facilities will enable the safe docking,
discharge and departure from the pier of next-generation LNG vessels
that are now coming into service worldwide.
    Cove Point's proposal is more fully set forth in the application
which is on file with the Commission and open to public inspection. The
filing is available for review at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at 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. For assistance, contact FERC at FERCOnline
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY, (202) 502-
8659.
    Any questions regarding this Application should be directed to
Amanda K. Prestage, Regulatory and Certificates Analyst II, Dominion
Transmission, Inc., 701 East Cary Street, Richmond, VA 23219,
telephone:<PHONE_NUMBER>, fax:<PHONE_NUMBER>.
    Cove Point says that its Pier Reinforcement Project would consist
of the following components to be constructed at or adjacent to the
existing offshore pier at the Cove Point LNG Terminal:
     Installation of ten new mooring dolphins;
     Reinforcement of eight existing breasting dolphins;
     Construction of new walkways at each end of the pier;
     Replacement of the existing gangways and service cranes
with new automated gangways on platforms;
     Installation of new display boards;
     Upgrading of the docking control system with new quick-
release mooring hooks;
     Dredging the channelward side of the pier to accommodate
deeper draft vessels; and
     Placing the dredged material at a permitted dredged
material placement site.
    Cove Point says that the cost of the Pier Reinforcement Project is
about $51.1 million and that it is proposing to provide an optional
incremental service under Rate Schedules LTD-1 and LTD-2 to shippers
utilizing these proposed Incremental Port Facilities. Under Cove
Point's current tariff limit, it limits the receipt of vessels at its
LNG Terminal to a capacity of no greater than 148,000 cubic meters of
LNG. The proposed modifications to the pier would allow Cove Point to
receive vessels carrying cargoes of up to 267,000 cubic meters of LNG.
Cove Point proposes three options for its import shippers to contract
for this incremental service which are explained in more detail in its
application, along with applicable proposed revisions to its tariff.
One of these options includes a cost-based recourse rate and Cove Point
provided details to support the proposed calculation of this recourse
rate in its filing.
    Cove Point says that this proposal will not involve an increase in
the amount of LNG delivered to the LNG Terminal, the amount of storage
capacity, or the amount of vaporized LNG sent out from the LNG Terminal
over the levels authorized by the Commission in the Cove Point
Expansion Project.
    On May 21, 2008, the Commission staff granted Cove Point's request
to utilize the FERC Pre-Filing Process and assigned Docket No. PF08-20-
000 to staff activities involved in the Pier Reinforcement Project. Now
as of the filing of Cove Point's application on February 4, 2009, the
Pre-Filing Process for this project has ended. From this time forward,
this proceeding will be conducted in Docket No. CP09-60-000, as noted
in the caption of this Notice.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice, the Commission staff will either:
complete the environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental

Review will serve to notify federal and state agencies of the timing
for the completion of all necessary reviews, and the subsequent need to
complete all federal authorizations within 90 days of the date of
issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made in the proceeding with the Commission
and must mail a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    Comment Date: March 10, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-3973 Filed 2-24-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Notices]
[Pages 20759-20760]
[FR Doc No: 2011-8873]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64260; File No. SR-FINRA-2011-016]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Delay the Implementation date of FINRA Rule
2090 (Know Your Customer) and FINRA Rule 2111 (Suitability)

April 8, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 7, 2011, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by FINRA. FINRA
has designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under
the Act,\3\ which renders the proposal effective upon receipt of this
filing by the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing a rule change to delay the implementation date
for FINRA Rule 2090 (Know Your Customer) and FINRA Rule 2111
(Suitability), as approved in SR-FINRA-2010-039, until July 9, 2012.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA 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, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    On November 17, 2010, the SEC approved FINRA's proposal to adopt
rules governing know-your-customer and suitability obligations \4\ for
the consolidated FINRA rulebook.\5\ On January 10, 2011, FINRA issued
Regulatory Notice 11-02, which provided guidance regarding the new
rules and announced an implementation date of October 7, 2011.
Following SEC approval of the rules and publication of the Regulatory
Notice, numerous firms requested that the approved rules'
implementation date be delayed to allow firms additional time to
determine the types of systems and procedural changes they need to
make, implement those changes, and educate associated persons and
supervisors regarding compliance with the rules. FINRA is filing this
rule change to move the implementation date for Rules 2090 and 2111
from October 7, 2011, to July 9, 2012, and has filed it as a ``non-
controversial'' rule change that is effective upon filing.
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    \4\ See Securities Exchange Act Release No. 63325 (November 17,
2010), 75 FR 71479 (November 23, 2010) (Order Approving File No. SR-
FINRA-2010-039).
    \5\ The current FINRA rulebook consists of (1) FINRA rules; (2)
NASD rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE rules'') (together, the NASD Rules, and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
rules generally apply to all FINRA member firms, the Incorporated
NYSE rules apply only to those members of FINRA that are also
members of the NYSE (``Dual Members''). The FINRA rules apply to all
FINRA member, unless such rules have a more limited application by
their terms. For more information about the rulebook consolidation
process, see Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
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2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\6\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. The proposed rule change furthers these purposes
because it will allow firms to better prepare procedures and systems
and better educate associated persons to comply with the requirements
of these important rules.
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    \6\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \9\ normally
may not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) \10\ permits the Commission to

designate a shorter time if such action is consistent with the
protection of investors and the public interest. Because FINRA is
delaying the implementation of Rules 2090 and 2111 only, FINRA requests
that the Commission waive the 30-day operative delay so that this
proposed rule change may become operative upon filing.
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii). Among other things, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change, at least five business days prior to the date of filing
of the proposed rule change, or such shorter time as designated by
the Commission. The Commission notes that FINRA has satisfied the
pre-filing notice requirement.
---------------------------------------------------------------------------

    SR-FINRA-2010-039 would amend and convert existing NYSE and NASD
know your customer and suitability rules into the consolidated FINRA
rulebook \11\ and, to the extent implementation of SR-FINRA-2010-039 is
postponed, FINRA members remain subject to those existing NYSE and NASD
know-your-customer and suitability obligations. Further, the delay in
the implementation date will allow firms additional time to better
prepare procedures and systems and better educate associated persons
and supervisors to comply with the requirements of new FINRA Rules 2090
and 2111. For these reasons, the Commission believes it is consistent
with the protection of investors and the public interest to waive the
30-day operative delay, and hereby grants such waiver.\12\
---------------------------------------------------------------------------

    \11\ The current FINRA rulebook consists of (1) FINRA rules; (2)
NASD rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE rules'') (together, the NASD Rules, and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
rules generally apply to all FINRA member firms, the Incorporated
NYSE rules apply only to those members of FINRA that are also
members of the NYSE (``Dual Members''). The FINRA rules apply to all
FINRA members, unless such rules have a more limited application by
their terms. For more information about the rulebook consolidation
process, see Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
    \12\ For the purposes only of waiving the operative date of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2011-016 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-FINRA-2011-016. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of FINRA.
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-FINRA-2011-016
and should be submitted on or before May 4, 2011.
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-8873 Filed 4-12-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Notices]
[Pages 68282-68283]
[FR Doc No: 2023-21883]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[PHMSA-2019-0098]

Lithium Battery Air Safety Advisory Committee; Notice of Public
Meeting

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).

ACTION: Notice of public meeting.

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

SUMMARY: This notice announces a meeting of the Lithium Battery Air
Safety Advisory Committee (Committee).

DATES: The meeting will be held on November 2, 2023, from 9:00 a.m. to
5:30 p.m. EDT. Requests to attend the meeting must be sent by October
18, 2023, to the point of contact identified in the FOR FURTHER
INFORMATION CONTACT section. Persons requesting to speak during the
meeting must submit a written copy of their remarks to DOT by October
18, 2023. Requests to submit written materials to be reviewed during
the meeting must be received no later than October 18, 2023.

ADDRESSES: The meeting will be held at DOT Headquarters, West Building,
1200 New Jersey Avenue SE, Washington, DC 20590-0001. A remote
participation option will also be available and the meeting will be
webcast. Specific details on location and access to this meeting will
be posted on the Committee website at https://www.phmsa.dot.gov/hazmat/rulemakings/lithium-battery-safety-advisory-committee. The E-Gov
website is located at https://www.regulations.gov. Mailed written
comments intended for the Committee should be sent to Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE,
West Building, Room W12-140, Washington, DC 20590-0001.

FOR FURTHER INFORMATION CONTACT: Steven Webb or Aaron Wiener, PHMSA,
U.S. Department of Transportation. Telephone:<PHONE_NUMBER>. Email:
[email protected]. Any Committee-related request should be
sent to the email address listed in this section.

SUPPLEMENTARY INFORMATION:

I. Background

    The Lithium Battery Air Safety Advisory Committee was created under
the Federal Advisory Committee Act (FACA, Pub. L. 92-463), in
accordance with section 333(d) of the FAA Reauthorization Act of 2018
(Pub. L. 115-254).

II. Agenda

    The meeting agenda will address the following duties of the
Committee as specifically outlined in section 333(d) of the FAA
Reauthorization Act of 2018:
    (a) Facilitate communication among manufacturers of lithium
batteries and products containing lithium batteries, air carriers, and
the federal government.
    (b) Discuss the effectiveness and the economic and social impacts
of lithium battery transportation regulations.
    (c) Provide the Secretary with information regarding new
technologies and transportation safety practices.
    (d) Provide a forum to discuss departmental activities related to
lithium battery transportation safety.
    (e) Advise and recommend activities to improve the global
enforcement of U.S. regulations and the International Civil Aviation
Organization (ICAO) Technical Instructions relevant to air
transportation of lithium batteries, and the effectiveness of those
regulations.
    (f) Provide a forum for feedback on potential positions to be taken
by the United States at international forums.
    (g) Guide activities to increase awareness of relevant
requirements.
    (h) Review methods to decrease risks posed by undeclared hazardous
materials.
    A final agenda will be posted on the Lithium Battery Air Safety
Advisory Committee website at least 15 days in advance of the meeting.

III. Public Participation

    The meeting will be open to the public. DOT is committed to
providing equal access to this meeting for all participants. If you
need alternative formats or services because of a disability, such as
sign language, interpretation, or other ancillary aids, please contact
the person listed in the FOR FURTHER INFORMATION CONTACT section no
later than October 18, 2023. To accommodate as many speakers as
possible, time for each commenter may be limited. There will be five
minutes allotted for oral comments from members of the public joining
the meeting. Individuals wishing to reserve speaking time during the
meeting must submit a request at the time of registration, as well as
the name, address, and organizational affiliation of the proposed
speaker. If the number of registrants requesting to make statements is
greater than can be reasonably accommodated during the meeting, PHMSA
may conduct a lottery to determine the speakers. Speakers are requested
to submit a written copy of their prepared remarks for inclusion in the
meeting records and for circulation to Committee members. All prepared
remarks submitted on time will be accepted and considered as part of
the record. Any member of the public may present a written statement to
the Committee at any time. Copies of the meeting minutes and Committee
presentations will be available on the Lithium Battery Air Safety
Advisory Committee website. Presentations will also be posted on the E-
Gov website in docket number [PHMSA-2019-0098] within 30 days following
the meeting.
    Written comments: Persons who wish to submit written comments on
the meetings may submit them to docket [PHMSA-2019-0098] in the
following ways:
    1. E-Gov Website: This site allows the public to enter comments on
any Federal Register notice issued by any agency.
    2. Mail: Dockets Management System; U.S. Department of
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590-0001.
    Instructions: Identify the docket number [PHMSA-2019-0098] at the
beginning of your comments. Note that all comments received will be
posted without change to the E-Gov website, including any personal
information provided. Anyone can search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the

comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). Consider reviewing DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000, (65 FR 19477), or view the Privacy Notice on the E-Gov
website before submitting comments.
    Docket: For docket access or to read background documents or
comments, go to the E-Gov website at any time or visit the DOT dockets
facility listed in the ADDRESSES category, between 9:00 a.m. and 5:00
p.m., Monday through Friday, except federal holidays.
    If you wish to receive confirmation of receipt of your written
comments, please include a self-addressed, stamped postcard with the
following statement: ``Comments on [PHMSA-2019-0098].'' The docket
clerk will date stamp the postcard prior to returning it to you via
U.S. mail.
    Privacy Act Statement: DOT may solicit comments from the public
regarding certain general notices. DOT posts these comments, without
edit, including any personal information the commenter provides, to the
E-Gov website, as described in the system of records notice (DOT/ALL-14
FDMS).

    Issued in Washington, DC, on September 28, 2023.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2023-21883 Filed 10-2-23; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Proposed Rules]
[Pages 23240-23242]
[FR Doc No: 2018-10585]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Proposed
Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0440; Product Identifier 2016-SW-077-AD]
RIN 2120-AA64

Airworthiness Directives; Scotts-Bell 47 Inc. (Type Certificate
Previously Held by Bell Helicopter Textron Inc.)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Scotts-Bell 47 Inc. (Scotts-Bell) Model 47, 47B, 47B3, 47D, 47D1, 47E,
47G, 47G-2, 47G-2A, 47G-2A-1, 47G-3, 47G-3B, 47G-3B-1, 47G-3B-2, 47G-
3B-2A, 47G-4, 47G-4A, 47G-5, 47G-5A, 47H-1, 47J, 47J-2, 47J-2A, and 47K
helicopters. This proposed AD would require repetitively inspecting and
adjusting the throttle linkage. This proposed AD is prompted by reports
of the throttle linkage separating from the engine carburetor shaft,
which could result in loss of throttle control. The actions in this
proposed AD are intended to correct an unsafe condition on these
products.

DATES: We must receive comments on this proposed AD by July 17, 2018.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address 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 by searching for and locating Docket No. FAA-2018-
0440; 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 proposed AD, the economic evaluation, any comments received, and
other information. The street address for Docket Operations (telephone
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.
    For service information identified in this proposed rule, contact
Scott's-Bell 47, Inc., 100 Minnesota Ave, Le Sueur, MN 56058; telephone
(507) 665-0035; email [email protected]. You may review the
referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort
Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Shawn Malekpour, Aviation Safety
Engineer, Chicago ACO Branch, Compliance & Airworthiness Division, FAA,
2300 East Devon Ave., Des Plaines, Illinois 60018; telephone (847) 294-
7834; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    We propose to adopt a new AD for Scotts-Bell Model 47, 47B, 47B3,
47D, 47D1, 47E, 47G, 47G-2, 47G-2A, 47G-2A-1, 47G-3, 47G-3B, 47G-3B-1,
47G-3B-2, 47G-3B-2A, 47G-4, 47G-4A, 47G-5, 47G-5A, 47H-1, 47J, 47J-2,
47J-2A, and 47K helicopters with a Marvel Schebler Model MA-3, MA-3A,
MA3-PA, MA-3SPA, MA4-SPA, MA4-5, MA4-5AA, MA-5, MA-5AA, MA-6AA, or HA-6
carburetor installed. This proposed AD would require an initial
inspection and repetitive daily check of the throttle linkage-
carburetor attachment for broken or missing safety wire and for
fracturing of the anti-sabotage lacquer. This proposed AD would also
require adjusting and securing the throttle linkage within 100 hours
time-in-service.
    This proposed AD is prompted by several reports of the throttle
linkage separating from the engine carburetor shaft, which resulted in
loss of throttle control. An investigation determined that missing or
improperly installed safety wire may fail to prevent an excessively
worn splined carburetor shaft from separating from the throttle
linkage. The investigation further determined that the unusual routing
of the safety wire in this design along with a lack of clarity in the
maintenance instructions may have contributed to nine other incidents.
To address this unsafe condition, Scotts-Bell has developed an
inspection to determine whether the safety wire is correctly applied
and has revised the maintenance instructions with updated procedures
for safety wire installation.
    While our data indicates Model 47, 47B, 47B3, 47D, 47E, and 47K
helicopters are not likely to have the affected carburetors installed,
we have included those models in this proposed AD to ensure we fully
address the unsafe condition.

FAA's Determination

    We are proposing this AD because we evaluated all known relevant

information and determined that an unsafe condition exists and is
likely to exist or develop on other products of these same type
designs.

Related Service Information Under 1 CFR Part 51

    We reviewed Scott's-Bell 47, Inc. Alert Service Bulletin 47-15-27
R1, dated November 1, 2016 (ASB), for Model 47, 47B, 47B3, 47D, 47D1,
47E, 47G, 47G-2, 47G-2A, 47G-2A-1, 47G-3, 47G-3B, 47G-3B-1, 47G-3B-2,
47G-3B-2A, 47G-4, 47G-4A, 47G-5, 47G-5A, 47H-1, 47J, 47J-2, 47J-2A, and
47K helicopters. The ASB specifies, prior to the next flight,
inspecting the engine throttle linkage and carburetor shaft to
determine if the safety wire is correctly applied. The ASB also
specifies adjusting and securing the throttle linkage at the next 100-
hour or annual inspection, but no later than 90 days after release of
the ASB, and then any time the throttle linkage connection is
disassembled.
    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.

Other Related Service Information

    We also reviewed Scott's-Bell 47, Inc. Model 47D-1, 47G, & 47G-2
Maintenance and Overhaul Instructions Temporary Revision (M&O TR) 47-
16-2, Models 47G-2A & 47G-2A-1 M&O TR 47-16-3, Model 47G-3 M&O TR 47-
16-3, Models 47G-3B & 47G-3B-1 M&O TR 47-16-3, Model 47G-3B-2 M&O TR
47-16-3, Model 47G-3B-2A M&O TR 47-16-3, Models 47G-4 & 47G-4A M&O TR
47-16-3, Model 47G-5 M&O TR 47-16-3, Model 47G-5A M&O TR 47-16-3, Model
47H-1 M&O TR 47-16-2, Model 47J M&O TR 47-16-2, and Models 47J-2 & 47J-
2A M&O TR 47-16-3, each dated November 1, 2016. Each M&O TR describes
procedures for inspecting and safety wiring the throttle control
linkage.
    Scott's Bell did not issue temporary revisions to the M&O
procedures for Model 47, 47B, 47B3, 47D, 47E, and 47K helicopters, as
there are limited manufacturing and maintenance records available for
these models, and as it is unlikely these models have an affected model
carburetor installed.

Proposed AD Requirements

    This proposed AD would require the following:
     Before further flight, inspecting the throttle linkage
connection at the engine carburetor for condition, security, and to
determine if the safety wire is in place and captures the throttle
linkage and the carburetor stop arm.
     Before the first flight of each day, visually checking the
throttle-linkage to carburetor attachment for installed safety wire and
for intact anti-sabotage lacquer. An owner/operator (pilot) may perform
the visual check required by paragraph (e)(2)(i) of the proposed AD and
must enter compliance with that paragraph into the helicopter
maintenance records in accordance with 14 CFR 43.9(a)(1) through (4)
and 91.417(a)(2)(v). A pilot may perform this check because it involves
only a visual check of the throttle-linkage to carburetor attachment
and can be performed equally well by a pilot or a mechanic. This check
is an exception to our standard maintenance regulations.
     Within 100 hours time-in-service or at the next annual or
100-hour inspection, whichever occurs first, and thereafter at each
annual or 100-hour inspection, whichever occurs first, adjusting,
safety wiring, and applying anti-sabotage lacquer to the throttle
linkage. For Model 47, 47B, 47B3, 47D, 47E, and 47K helicopters,
adjusting and safety wiring the throttle linkage would be required to
be done by using a method approved by the Manager, Chicago ACO Branch.
For all other helicopters, these actions would be accomplished as
specified in the applicable M&O TR.

Costs of Compliance

    We estimate that this proposed AD would affect 698 helicopters of
U.S. Registry.
    We estimate that operators may incur the following costs in order
to comply with this proposed AD. Conducting a pre-flight check of the
throttle linkage connection by the pilot would require about 5 minutes,
therefore the cost per helicopter would be minimal. At an average labor
rate of $85, inspecting the engine throttle linkage would require about
0.5 work-hour, for a cost of $43 per helicopter and $30,014 for the
U.S. fleet. Adjusting and securing the throttle linkage would require
about 3 work-hours and required parts would be $12 for a cost of $267
per helicopter and $186,366 for the U.S. fleet per occurrence.

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, 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);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; 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.
    We prepared an economic 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, Incorporation by
reference, 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

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

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

Sec.  39.13  [Amended]

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

Scotts-Bell 47 Inc. (Type Certificate Previously Held by Bell
Helicopter Textron Inc.): Docket No. FAA-2018-0440; Product
Identifier 2016-SW-077-AD.

(a) Applicability

    This AD applies to Scotts-Bell 47 Inc. (Scotts-Bell) Model 47,
47B, 47B3, 47D, 47D1, 47E, 47G, 47G-2, 47G-2A, 47G-2A-1, 47G-3, 47G-
3B, 47G-3B-1, 47G-3B-2, 47G-3B-2A, 47G-4, 47G-4A, 47G-5, 47G-5A,
47H-1, 47J, 47J-2, 47J-2A, and 47K helicopters, certificated in any
category, with a Marvel Schebler Model MA-3, MA-3A, MA3-PA, MA-3SPA,
MA4-SPA, MA4-5, MA4-5AA, MA-5, MA-5AA, MA-6AA, or HA-6 carburetor
installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as separation of the
throttle linkage from an engine carburetor shaft. This condition
could result in loss of throttle control and subsequent forced
landing of the helicopter.

(c) Comments Due Date

    We must receive comments by July 17, 2018.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) Before further flight, inspect the throttle linkage
connection at the engine carburetor for security: Determine whether
the throttle linkage is securely attached to the serrated shaft of
the carburetor, inspect the throttle linkage clamp screw for broken
or missing safety wire, and determine whether safety wire captures
the throttle linkage and carburetor stop arm.
    (i) If there is any looseness, axial movement, or movement
between the serrated shaft and the throttle linkage; if a throttle
linkage clamp screw is loose; if any safety wire is broken or
missing; or if safety wire does not capture the throttle linkage and
carburetor stop arm, before further flight, adjust and secure the
throttle linkage as required by paragraph (e)(3)(i) and (e)(3)(ii)
of this AD.
    (ii) If there is no looseness, axial movement, or movement
between the serrated shaft and the throttle linkage; no throttle
linkage clamp screws are loose; no safety wire is broken or missing;
and safety wire captures the throttle linkage and carburetor stop
arm, before further flight, apply anti-sabotage lacquer (Torque-Seal
or equivalent) between the throttle arm and the serrated shaft and
between the self-locking nut and the throttle arm.
    (2) Before the first flight of each day:
    (i) Check the throttle linkage-carburetor attachment for broken
or missing safety wire and for missing or fractured anti-sabotage
lacquer. The actions required by this paragraph may be performed by
the owner/operator (pilot) holding at least a private pilot
certificate, and must be entered into the aircraft records showing
compliance with this AD in accordance with 14 CFR 43.9 (a)(1)
through (4) and 14 CFR 91.417(a)(2)(v). The record must be
maintained as required by 14 CFR 91.417, 121.380, or 135.439.
    (ii) If the safety wire is missing or broken or if the anti-
sabotage lacquer is missing or fractured, before further flight,
adjust and secure the throttle linkage as described in paragraph
(e)(3)(i) and (e)(3)(ii) of this AD.
    (3) Within 100 hours time-in-service or at the next annual or
100-hour inspection, whichever occurs first, and thereafter at each
annual or 100-hour inspection, whichever occurs first:
    (i) Adjust and secure the throttle linkage as specified in
Appendix 1 of the Scotts-Bell Maintenance and Overhaul Instructions
Temporary Revision that is applicable to your helicopter, as listed
in Table 1 of Scotts-Bell Alert Service Bulletin 47-15-27 R1, dated
November 1, 2016.
    (ii) For Model 47, 47B, 47B3, 47D, 47E, and 47K helicopters,
adjust and secure the throttle linkage using a method approved by
the Manager, Chicago ACO Branch. For a repair method to be approved
as required by this AD, the Manager's approval letter must
specifically refer to this AD.

 (f) Special Flight Permits

    Special flight permits are prohibited.

(g) Alternative Methods of Compliance

    (1) The Manager, Chicago ACO Branch, FAA, may approve AMOCs for
this AD. Send your proposal to: Shawn Malekpour, Aviation Safety
Engineer, Chicago ACO Branch, Compliance & Airworthiness Division,
FAA, 2300 East Devon Ave., Des Plaines, Illinois 60018; telephone
(847) 294-7834; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

 (h) Additional Information

    For service information identified in this AD, contact Scott's-
Bell 47, Inc., 100 Minnesota Ave., Le Sueur, MN 56058; telephone
(507) 665-0035; email [email protected]. You may review a copy
of this referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-
321, Fort Worth, TX 76177.

 (i) Subject

    Joint Aircraft Service Component (JASC) Code: 7322 Engine
Controls.

    Issued in Fort Worth, Texas, on May 9, 2018.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2018-10585 Filed 5-17-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: October 10, 2008 (Volume 73, Number 198)]
[Notices]
[Page 60388-60390]
[DOCID:fr10oc08-151]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58734; File No. SR-NYSEArca-2008-105]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Relating to Listing Certain Derivative Products
Pursuant to Continued Listing Criteria

 October 6, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on October 1, 2008, NYSE Arca, Inc. (``NYSE Arca''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by NYSE Arca. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NYSE Arca, through its wholly owned subsidiary NYSE Arca Equities,
Inc. (``NYSE Arca Equities''), proposes to adopt Commentary .01 to Rule
5.2(b) to allow NYSE Arca to list Derivative Products (as defined in
the proposed Commentary .01 to Rule 5.2(b)) that (1) were originally
listed on another registered national securities exchange on an initial
listing basis and continue to be listed on such other registered
national securities exchange, and (2) satisfy the Exchange's continued
listing criteria. The text of the proposed rule change is set forth
below (new language is in italics):
    Rule 5.2(b)
* * * * *
    Commentary:
    .01 The Exchange is permitted to list any Derivative Product, as
described below, that (1) was originally listed on another registered
national securities exchange (``Other SRO'') and continues to be listed
on such Other SRO; and (2) satisfies the Exchange's continued listing
criteria that are applicable to the product class that would include
such Derivative Product. For the purposes of this rule, the term
``Derivative Product'' shall include securities described in NYSE Arca
Equities Rules 5.2(j)(2) (Equity Linked Notes); 5.2(j)(3) (Investment
Company Units); 5.2(j)(4) (Index-Linked Exchangeable Notes); 5.2(j)(6)
(Equity Index-Linked Securities, Commodity-Linked Securities, Currency-
Linked Securities, Fixed Income Index-Linked Securities, Futures-Linked
Securities and Multifactor Index-Linked Securities); 8.100 (Portfolio
Depositary Receipts); and Commentary .01 to Rule 8.200 (Trust Issued
Receipts).

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 is proposing to adopt Commentary .01 to NYSE Arca
Equities Rule 5.2(b) to allow NYSE Arca to list Derivative Products (as
defined in the proposed Commentary .01 to Rule 5.2(b)) \3\ that (1)
were originally listed on

another registered national securities exchange (``Other SRO'') on an
initial listing basis and continue to be listed on such Other SRO and
(2) satisfy the Exchange's continued listing criteria applicable to the
relevant product class. Such Derivative Products would be listed
pursuant to NYSE Arca Equities continued listing criteria.
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    \3\ For purposes of proposed Rule 5.2(b), Commentary .01, the
term ``Derivative Products'' includes securities described in Rule
5.2(j)(2) (Equity-Linked Notes); Rule 5.2(j)(3) (Investment Company
Units); Rule 5.2(j)(4) (Index-Linked Exchangeable Notes); and Rule
5.2(j)(6) (Index-Linked Securities); and the following securities
enumerated in provisions of section 2 to Rule 8: Portfolio
Depositary Receipts; and Trust Issued Receipts to be listed pursuant
to Rule 8.200, Commentary .01. Exchange rules relating to listing
and trading, including trading pursuant to unlisted trading
privileges, of ``Derivative Products'' as described above permit
listing and trading pursuant to Rule 19b-4(e) under the Exchange
Act. Rule 19b-4(e) under the Exchange Act provides that the listing
and trading of a new derivative securities product by a self-
regulatory organization (``SRO'') shall not be deemed a proposed
rule change, pursuant to section (c)(1) of Rule 19b-4, if the
Commission has approved, pursuant to Section 19(b) of the Exchange
Act, the SRO's trading rules, procedures, and listing standards for
the product class that would include the new derivatives securities
product, and the SRO has a surveillance program for the product
class. See Securities Exchange Act Release No. 40761 (December 8,
1998), 63 FR 70952 (December 22, 1998) (File No. S7-13-98).
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    For example, in the case of an Index-Linked Security that is listed
on an Other SRO, the staff of the Exchange would determine whether the
Index-Linked Security met the continued listing criteria. If the Index-
Linked Security met the continued listing criteria, then the Exchange
would proceed to list such security on the Exchange. If the Index-
Linked Security did not meet the continued listing criteria, the staff
of the Exchange would then, in its sole discretion, either file a
separate rule filing under Rule 19b-4 of the Exchange Act proposing
that the Index-Linked Security be listed on the Exchange pursuant to
the criteria set forth in the rule filing, or decline to list the
Index-Linked Security on the Exchange.
    The Exchange believes that application of continued listing
criteria is appropriate to facilitate the listing of Derivative
Products from Other SROs to the Exchange. Because the Exchange's
continued listing criteria are similar or identical to those of certain
Other SROs, the Exchange believes there would be no significant
regulatory concerns with facilitating the efficient and timely listing
of Other SRO-listed Derivative Products by allowing such products to
satisfy continued listing criteria.\4\ Also, in light of the similar
nature of the continued listing criteria of the Exchange and Other
SROs, such as the Amex, the Exchange believes that having the ability
to apply continued listing criteria in verifying that the Derivatives
Products are qualified to be listed on the Exchange will not harm
investors. In addition, such flexibility will assist certain issuers of
Derivative Products in remaining listed and traded on a national
securities exchange, without risking possible delisting based on a
failure to meet the applicable Exchange initial listing criteria.
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    \4\ For example, the following are American Stock Exchange LLC
(``Amex'') listing standards for Derivative Products having similar
or identical continued listing standards to those of the Exchange:
Index Fund Shares (Amex Rule 1000A et seq.); Portfolio Depositary
Receipts (Rules 1000 et seq.); Trust Issued Receipts (Rules 1200 et
seq.); and securities listed under Section 107 of the Amex Company
Guide, including Equity-Linked Term Notes; Index-Linked Exchangeable
Notes; Index-Linked Securities; Commodity-Linked Securities;
Currency-Linked Securities; Fixed Income-Linked Securities; Futures-
Linked Securities; and Combination-Linked Securities.
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    Prior to listing on the Exchange, the issuer of a Derivative
Product would be required to properly delist from the Other SRO and
satisfy the applicable listing procedures of the Exchange and
applicable statutory and regulatory requirements, including, without
limitation, Section 12 of the Act,\5\ relating to listing such
Derivative Product on the Exchange.
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    \5\ 15 U.S.C. 78(l).
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    The Exchange represents that, for any Derivative Product listed
pursuant to proposed Commentary .01 to Rule 5.2(b), other than the
initial listing standards, the shares of such Derivative Product will
comply with all other pertinent requirements applicable to the product
class that would include such Derivative Product, including, but not
limited to, requirements relating to the dissemination of key
information, such as an index value, reference asset value, and
intraday indicative value, rules governing the trading of equity
securities, trading hours, trading halts, surveillance, firewalls, and
Information Bulletins to ETP Holders, as set forth in Exchange rules
applicable to such Derivative Product and prior Commission orders
approving the generic listing rules applicable to the listing and
trading of such Derivative Product.\6\
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    \6\ See email from Michael Cavalier, Chief Counsel, NYSE
Euronext, to Christopher Chow, Special Counsel, Commission, dated
October 2, 2008.
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \7\ of the
Act in general and furthers the objectives of Section 6(b)(5) \8\ in
particular 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 transaction in
securities, and, in general to protect investors and the public
interest. The proposed rule change would assist Other-SRO Derivative
Product issuers to list on the Exchange, thus removing a potential
impediment to the mechanism of a free and open market and protecting
the public interest.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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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.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    A. By order approve the proposed rule change; or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2008-105 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2008-105. This
file number should be included on the subject line if e-mail 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 inspection and copying in the Commission's
Public Reference Room, 100 F Street, NE., Washington, DC 20549, on
official business days between the hours of 10 a.m. and 3 p.m. Copies
of the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2008-105 and should be submitted on or before
October 31, 2008.
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    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-24180 Filed 10-9-08; 8:45 am]

BILLING CODE 8011-01-P