[Federal Register: December 14, 2009 (Volume 74, Number 238)]
[Notices]
[Page 66191-66193]
[DOCID:fr14de09-107]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61128; File No. SR-NASDAQ-2009-106]

 Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Rule 2330 and IM-2330 To Reflect Changes to Corresponding FINRA
Rule

December 8, 2009.

    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 December 4, 2009, The NASDAQ Stock Market LLC (the ``Exchange'' or
``NASDAQ'') 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 the Exchange. The
Exchange has designated the proposed rule change as constituting a non-
controversial rule change under Rule 19b-4(f)(6) under the Act,\3\
which renders the proposal effective upon filing with 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

    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4 thereunder,\5\ the
NASDAQ Stock Market LLC (the ``Exchange'' or ``NASDAQ'') is filing with
the Securities and Exchange Commission (``Commission'') a proposed rule
change to amend NASDAQ Rule 2330 and IM-2330 to reflect recent changes
to a corresponding rule of the Financial Industry Regulatory Authority
(``FINRA''). The text of the proposed rule change is below. Proposed
new language is italicized; proposed deletions are in brackets:
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
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NASDAQ Stock Market Rules

* * * * *

2150. Customers' Securities or Funds

    (a) Nasdaq Members and persons associated with a member shall
comply with FINRA Rule 2150 as if such Rule were part of Nasdaq's
Rules.
    (b) Nothing in FINRA Rule 2150, as applied to Nasdaq members and
their

associated persons, shall be construed to authorize any Nasdaq
member or associated person to act in a manner inconsistent with
Section 11(a) of the Act.

IM-2150. Segregation of Customers' Securities

    (a) Nasdaq Members and persons associated with a member shall
comply with FINRA Interpretive Material 2150 as if such Rule were
part of Nasdaq's Rules.
    (b) For purposes of this Rule, references to Rule 2150 shall be
construed as references to Nasdaq Rule 2150.
* * * * *

[2330. Customers' Securities or Funds

    (a) Nasdaq Members and persons associated with a member shall
comply with NASD Rule 2330 as if such Rule were part of Nasdaq's
Rules.
    (b) Nothing in NASD Rule 2330, as applied to Nasdaq members and
their associated persons, shall be construed to authorize any Nasdaq
member or associated person to act in a manner inconsistent with
Section 11(a) of the Act.]
    [IM-2330. Segregation of Customers' Securities
    (a) Nasdaq Members and persons associated with a member shall
comply with NASD Interpretive Material 2330 as if such Rule were
part of Nasdaq's Rules.
    (b) For purposes of this Rule, references to Rule 2330 shall be
construed as references to Nasdaq Rule 2330.]
* * * * *

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

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

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

1. Purpose
    Many of NASDAQ's rules are based on rules of FINRA (formerly the
National Association of Securities Dealers (``NASD'')). During 2008,
FINRA embarked on an extended process of moving rules formerly
designated as ``NASD Rules'' into a consolidated FINRA rulebook. In
most cases, FINRA has renumbered these rules, and in some cases has
substantively amended them. Accordingly, NASDAQ also proposes to
initiate a process of modifying its rulebook to ensure that NASDAQ
rules corresponding to FINRA/NASD rules continue to mirror them as
closely as practicable. In some cases, it will not be possible for the
rule numbers of NASDAQ rules to mirror corresponding FINRA rules,
because existing or planned NASDAQ rules make use of those numbers.
However, wherever possible, NASDAQ plans to update its rules to reflect
changes to corresponding FINRA rules.
    This filing addresses NASDAQ Rule 2330 entitled ``Customers'
Securities or Funds'' and IM-2330 entitled ``Segregation of Customers'
Securities.'' NASDAQ Rule 2330 and IM-2330 both make reference to NASD
Rule 2330 entitled ``Improper Use of Customer's Securities or Funds;
Prohibitions Against Guarantees and Sharing in Accounts.'' FINRA filed
a proposed rule change, which will be effective December 14, 2009, to
adopt NASD Rule 2330 as FINRA Rule 2150.\6\ FINRA made minor changes to
Rule 2150, specifically amending 2150(c). FINRA Rule 2150 prohibits
members and associated person from: (a) Making improper use of a
customer's securities or funds; (b) guaranteeing a customer against
loss in connection with any securities transaction or in any securities
account of the customer; and (c) sharing in the profits or losses in
the customer's account except under certain limited conditions
specified in the Rule. In addition, FINRA added Supplementary
Information to Rule 2150 that codifies existing staff guidance
clarifying that: (i) A ``guarantee'' extended to all holders of a
particular security by an issuer as part of that security generally
would not be subject to the prohibition against guarantees and that a
permissible sharing arrangement remains subject to other applicable
FINRA rules; (ii) the rule does not preclude a member from determining
on an after-the-fact basis, to reimburse a customer for transaction
losses, provided however that the member shall comply with all
reporting requirements that may be applicable to such payment; (iii)
the rule does not preclude a member from correcting a bona fide error;
and (iv) the required written authorization(s) shall be preserved for a
period of at least six years after the date the account is closed,
which is consistent with the retention period under the Act for similar
records.
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    \6\ Securities Exchange Act Release No. 60701 (September 21,
2009), 74 FR 49425 (September 28, 2009) (SR-FINRA-2009-014).
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    NASDAQ is proposing to amend NASDAQ Rule 2330 and IM-2330 by
renaming Rule 2330 to new Rule 2150 and renaming IM-2330 to new IM-
2150, in order to incorporate by reference the FINRA rule. NASDAQ would
delete current Rule 2330 and IM-2330. NASDAQ also proposes to amend the
references to NASD Rule 2330 to instead state FINRA Rule 2150 in the
new Rule 2150 and IM-2150 to reflect the change to the FINRA rules.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\7\ in general, and with
Sections 6(b)(5) of the Act,\8\ in particular, in that the proposal 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. The proposed
changes will conform NASDAQ Rule 2330 and IM-2330 to recent changes
made to a corresponding FINRA rule, to promote application of
consistent regulatory standards.
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    \7\ 15 U.S.C. 78f.
    \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
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.

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 \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).

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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2009-106 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-NASDAQ-2009-106.
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 such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2009-106 and should
be submitted on or before January 4, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc.E9-29648 Filed 12-11-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Proposed Rules]
[Pages 61327-61330]
[FR Doc No: 2015-25758]

========================================================================
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. 80, No. 197 / Tuesday, October 13, 2015 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3985; Directorate Identifier 2014-NM-182-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2010-04-
03, for all Airbus Model A310 series airplanes. AD 2010-04-03 currently
requires accomplishing repetitive detailed visual inspections for
cracking around the fastener holes in certain wing top skin panels
between the right side and left side of the front and rear spars, and
repair if needed. Since we issued AD 2010-04-03, Airbus improved the
ultrasonic inspection program to allow earlier crack detection and to
extend the repetitive inspection intervals. We have determined these
inspections are necessary to address the unsafe condition. This
proposed AD would continue to require the repetitive detailed
inspections for cracking around the fastener holes in certain wing top
skin panels between the front and rear spars, and repair if needed, and
would require supplemental repetitive ultrasonic inspections for
cracking around the fastener holes in certain wing top skin panels and
repair if needed. We are proposing this AD to detect and correct
cracking around the fastener holes in certain wing top skin panels
between the right side and left side of the front and rear spars, which
could result in reduced structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by November 27,
2015.

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 W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

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-2015-
3985; 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 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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; 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-2015-3985;
Directorate Identifier 2014-NM-182-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

    On January 28, 2010, we issued AD 2010-04-03, Amendment 39-16196
(75 FR 6852, February 12, 2010). AD 2010-04-03 requires actions
intended to address an unsafe condition on all Airbus Model A310 series
airplanes.
    Since we issued AD 2010-04-03, Amendment 39-16196 (75 FR 6852,
February 12, 2010), the manufacturer improved the ultrasonic inspection
program to allow earlier crack detection and to extend the repetitive
inspection intervals. We have determined these inspections are
necessary to address the unsafe condition.
    The European Aviation Safety Agency, which is the Technical Agent
for the Member States of the European Community, has issued EASA
Airworthiness Directive 2014-0200R1, dated September 19, 2014 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition on all Airbus Model A310
series airplanes. The MCAI states:

    Following scheduled maintenance, cracks were found around the
wing top skin panels fastener holes at Rib 2, between Stringer (STG)
2 and STG14.
    This condition, if not detected and corrected, could affect the
structural integrity of the aeroplane. The General Visual Inspection
required by the existing applicable Airworthiness Limitation Items
(ALI) tasks may not be adequate to detect these cracks.
    To address this issue, Airbus developed an inspection programme
based on repetitive detailed inspections (DET) to ensure that any
visible cracks in the wing top skin panels 1 and 2 along Rib 2 are
detected in time and repaired appropriately. EASA issued [EASA]

AD 2008-0211 [http://ad.easa.europa.eu/ad/2008-0211] to require
implementation of this inspection programme.
    Since that [EASA] AD was issued, Airbus improved the inspection
programme with an ultrasonic inspection to allow earlier crack
detection, to subsequently reduce the scope of potential repair
action, and to extend the intervals of the repetitive inspections.
    For the reasons described above, this [EASA] AD [http://ad.easa.europa.eu/ad/2014-0200R1] retains the requirements of EASA
AD 2008-0211, which is superseded, and requires supplementary
repetitive ultrasonic inspections [for cracking] of the wing top
skin panel 1 and 2 between STG2 and STG10 at Rib 2 [and repair if
needed].
* * * * *

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3985.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information:
     Airbus Service Bulletin A310-57-2096, dated May 6, 2008,
     Airbus Service Bulletin A310-57-2096, Revision 01, dated
August 5, 2010.
     Airbus Service Bulletin A310-57-2096, Revision 02, dated
March 5, 2014.

This service information describes procedures for detailed visual and
ultrasonic inspections for cracking around the fastener holes of the
wing top skin panels between the right side and left side of the front
and rear spars at certain locations, and repair if needed. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section of this NPRM.

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.

Explanation of ``RC'' Procedures and Tests in Service Information

    The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(ARC), to enhance the AD system. One enhancement was a new process for
annotating which procedures and tests in the service information are
required for compliance with an AD. Differentiating these procedures
and tests from other tasks in the service information is expected to
improve an owner's/operator's understanding of crucial AD requirements
and help provide consistent judgment in AD compliance. The procedures
and tests identified as RC (required for compliance) in any service
information have a direct effect on detecting, preventing, resolving,
or eliminating an identified unsafe condition.
    As specified in a NOTE under the Accomplishment Instructions of the
specified service information, procedures and tests that are identified
as RC in any service information must be done to comply with the
proposed AD. However, procedures and 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 alternative method of compliance (AMOC), provided the
procedures and tests identified as RC can be done and the airplane can
be put back in a serviceable condition. Any substitutions or changes to
procedures or tests identified as RC will require approval of an AMOC.

Costs of Compliance

    We estimate that this proposed AD affects 13 airplanes of U.S.
registry.
    We also estimate that it would take about 5 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost $0 per
product. Based on these figures, we estimate the cost of this proposed
AD on U.S. operators to be $5,525, or $425 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

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

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);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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 removing Airworthiness Directive (AD)
2010-04-03, Amendment 39-16196 (75 FR 6852, February 12, 2010), and
adding the following new AD:

Airbus: Docket No. FAA-2015-3985; Directorate Identifier 2014-NM-
182-AD.

(a) Comments Due Date

    We must receive comments by November 27, 2015.

(b) Affected ADs

    This AD replaces AD 2010-04-03, Amendment 39-16196 (75 FR 6852,
February 12, 2010).

(c) Applicability

    This AD applies to all Airbus Model A310-203, -204, -221, -222,
-304, -322, -324, and -325 airplanes, certificated in any category,
all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by cracking around the fastener holes in
certain wing top skin panels between the right side and left side of
the front and rear spars. This AD was also prompted by the
development of an ultrasonic inspection program to allow for earlier
crack detection and extend the repetitive inspection intervals. We
are issuing this AD to detect and correct cracking around the
fastener holes in certain wing top skin panels between the right
side and left side of the front and rear spars, which could result
in reduced structural integrity of the airplane.

(f) Compliance

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

(g) Repetitive Inspections

    Except as required by paragraph (i) of this AD: Within the
initial compliance time and thereafter at repetitive intervals
specified in paragraphs (h)(1) through (h)(3) of this AD, as
applicable, accomplish the actions specified in paragraphs (g)(1)
and (g)(2) concurrently and in sequence, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A310-57-2096,
Revision 02, dated March 5, 2014, except as provided by paragraph
(j) of this AD.
    (1) Accomplish a detailed inspection for cracking around
fastener holes in the wing top skin panels 1 and 2, along rib 2
between the front and rear spars on both the left-side and right-
side of the fuselage.
    (2) Accomplish an ultrasonic inspection for cracking around
fastener holes in the wing top skin panels 1 and 2, along rib 2,
between stringer 2 and stringer 10 on the left-side and right-side
of the fuselage.

(h) Compliance Times for Airplanes Not Previously Inspected

    (1) For Model A310-203, -204, -221, and -222 airplanes: Do the
actions required by paragraph (g)(1) and (g)(2) of this AD at the
later of the times specified in paragraph (h)(1)(i) or (h)(1)(ii) of
this AD. Repeat the inspections specified in paragraphs (g)(1) and
(g)(2) of this AD thereafter at intervals not to exceed 2,000 flight
cycles or 4,100 flight hours, whichever occurs first.
    (i) Prior to the accumulation of 18,700 flight cycles or 37,400
flight hours since first flight of the airplane, whichever occurs
first.
    (ii) Within 30 days after the effective date of this AD.
    (2) For Model A310-304, -322, -324, and -325 airplanes having an
average flight time (AFT) of less than 4 hours: Do the actions
required by paragraph (g)(1) and (g)(2) of this AD at the later of
the times specified in paragraph (h)(2)(i) or (h)(2)(ii) of this AD.
Repeat the inspections specified in paragraphs (g)(1) and (g)(2) of
this AD thereafter at intervals not to exceed 2,000 flight cycles or
5,600 flight hours, whichever occurs first.
    (i) Prior to the accumulation of 17,300 flight cycles or 48,400
flight hours since first flight of the airplane, whichever occurs
first.
    (ii) Within 30 days after the effective date of this AD.
    (3) For Model A310-304, -322, -324, and -325 airplanes having an
AFT of equal to or more than 4 hours: Do the actions required by
paragraph (g)(1) and (g)(2) of this AD at the later of the times
specified in paragraph (h)(3)(i) or (h)(3)(ii) of this AD. Repeat
the inspections specified in paragraphs (g)(1) and (g)(2) of this AD
thereafter at intervals not to exceed 1,500 flight cycles or 7,500
flight hours, whichever occurs first.
    (i) Prior to the accumulation of 12,800 flight cycles or 64,300
flight hours since first flight of the airplane, whichever occurs
first.
    (ii) Within 30 days after the effective date of this AD.

(i) Compliance Times of Airplanes Previously Inspected

    For airplanes previously inspected before the effective date of
this AD using Airbus Service Bulletin A310-57-2096, dated May 6,
2008; or Airbus Service Bulletin A310-57-2096, Revision 01, dated
August 5, 2010: At the applicable compliance times specified in
paragraphs (i)(1) through (i)(3) of this AD, accomplish the actions
specified in paragraphs (g)(1) and (g)(2) concurrently and in
sequence, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A310-57-2096, Revision 02, dated March 5,
2014. Repeat the inspections specified in paragraphs (g)(1) and
(g)(2) of this AD, thereafter at the repetitive intervals specified
in paragraphs (h)(1) through (h)(3) of this AD, as applicable.
    (1) For Model A310-203, -204, -221, and -222 airplanes: Do the
actions required by paragraph (g)(1) and (g)(2) of this AD within
3,500 flight hours or 1,700 flight cycles, whichever occurs first
since the most recent inspection.
    (2) For Model A310-304, -322, -324, and -325 airplanes having an
AFT of less than 4 hours: Do the actions required by paragraph
(g)(1) and (g)(2) of this AD within 4,600 flight hours or 1,600
flight cycles, whichever occurs first since the most recent
inspection.
    (3) For Model A310-304, -322, -324, and -325 airplanes having an
AFT of equal to or more than 4 hours: Do the actions required by
paragraph (g)(1) and (g)(2) of this AD within 6,100 flight hours or
1,200 flight cycles, whichever occurs first since the most recent
inspection.

(j) Compliance Times if No Ultrasonic Equipment Is Available

    If no ultrasonic equipment is available for the initial or
second inspection required by paragraph (g) or (h) of this AD,
accomplish the detailed inspection specified in paragraph (g)(1) of
this AD, within the applicable compliance times specified in
paragraphs (j)(1) and (j)(2) of this AD. After accomplishing the
detailed inspection, do the inspections specified in paragraphs
(g)(1) and (g)(2) of this AD at the applicable compliance times
specified by paragraphs (i)(1) through (i)(3) of this AD.
Subsequently, repeat the inspections specified in paragraphs (g)(1)
and (g)(2) of this AD thereafter at the applicable repetitive
intervals specified in paragraphs (h)(1) through (h)(3) of this AD.
    (1) For airplanes not previously inspected before the effective
date of this AD: Do the actions required by paragraph (g)(1) of this
AD within the initial compliance time specified by paragraphs (h)(1)
through (h)(3) of this AD, as applicable.
    (2) For airplanes previously inspected before the effective date
of this AD using the service information identified in paragraph
(j)(2)(i), (j)(2)(ii), or (j)(2)(iii) of this AD: Do the actions
required by paragraph (g)(1) of this AD within the applicable
compliance times specified in paragraphs (i)(1) through (i)(3) of
this AD.
    (i) Airbus Service Bulletin A310-57-2096, dated May 6, 2008.
    (ii) Airbus Service Bulletin A310-57-2096, Revision 01, dated
August 5, 2010.
    (iii) Airbus Service Bulletin A310-57-2096, Revision 02, dated
March 5, 2014.

(k) Repair of Cracking

    If any cracking is found during any inspection required by
paragraphs (g), (h), (i), or (j) of this AD, before further flight,
repair the cracking using a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the European Aviation Safety Agency (EASA); or Airbus's EASA
Design Organization Approval (DOA).

(l) Terminating Action for Certain Repetitive Inspections

    Accomplishment of a repair using the service information
identified in paragraph (l)(1), (l)(2), or (l)(3) of this AD,
constitutes terminating action for the requirements of paragraph (g)
of this AD, only for the repaired areas of the airplane.
    (1) Airbus Service Bulletin A310-57-2096, dated May 6, 2008.
    (2) Airbus Service Bulletin A310-57-2096, Revision 01, dated
August 5, 2010.
    (3) Airbus Service Bulletin A310-57-2096, Revision 02, dated
March 5, 2014.

(m) Definition of Average Flight Time (AFT)

    For the purposes of this AD, the AFT should be established as
specified in paragraphs (m)(1), (m)(2), and (m)(3) of this AD for
the determination of the compliance times.
    (1) The inspection threshold is defined as the total flight
hours accumulated (counted from take-off to touch-down), divided by
the total number of flight cycles accumulated at the effective date
of this AD.
    (2) The initial inspection interval is defined as the total
flight hours accumulated divided by the total number of flight
cycles accumulated at the time of the initial inspection threshold.

    (3) The second inspection interval is defined as the total
flight hours accumulated divided by the total number of flight
cycles accumulated between the initial and second threshold.

(n) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g)(1) of this AD, if those actions were performed before the
effective date of this AD using Airbus Service Bulletin A310-57-
2096, dated May 6, 2008; or Airbus Service Bulletin A310-57-2096,
Revision 01, dated August 5, 2010.

(o) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. 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 local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the EASA; or Airbus's EASA DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.
    (3) Required for Compliance (RC): 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 a serviceable
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(p) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2014-0200R1, dated September 19,
2014, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2015-3985.
    (2) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. You may view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on September 28, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-25758 Filed 10-9-15; 8:45 am]
 BILLING CODE 4910-13-P