[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Rules and Regulations]
[Pages 45324-45327]
[FR Doc No: 2014-17922]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0790; Directorate Identifier 2013-NM-061-AD;
Amendment 39-17916; AD 2014-15-14]
RIN 2120-AA64

Airworthiness Directives; the Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 89-12-10, for
certain The Boeing Company Model 747 airplanes. AD 89-12-10 required
replacement of certain underwing fuel tank access doors with stronger,
fire-resistant doors. This new AD requires inspecting certain fuel tank
access doors for installation of impact-resistant doors, and stencils
and index markers; corrective actions if necessary; revising the
maintenance program to incorporate certain new airworthiness
limitations; and adding airplanes to the applicability. This AD was
prompted by a report of a standard access door installed instead of an
impact-resistant access door and stencils missing from some impact-
resistant access doors and adjacent wing skin. We are issuing this AD
to prevent foreign object penetration of the fuel tank, which could
cause a fuel leak near an ignition source (e.g., hot brakes or engine
exhaust nozzle), consequently leading to a fuel-fed fire.

DATES: This AD is effective September 9, 2014.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 9,
2014.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.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<PHONE_NUMBER>.

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-2013-
0790; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Suzanne Lucier, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6438; fax:

425-917-6590; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 89-12-10, Amendment 39-6230 (Docket No. 88-NM-
57-AD; 54 FR 23643, June 2, 1989). AD 89-12-10 applied to certain The
Boeing Company Model 747 100, 747-200, 747-300, and 747SP series
airplanes. The NPRM published in the Federal Register on September 25,
2013 (78 FR 58962). The NPRM was prompted by reports indicating that a
standard access door was located where an impact-resistant access door
was required, and stencils were missing from some impact-resistant
access doors and adjacent wing skin. The NPRM proposed to require an
inspection of the left- and right-hand wing fuel tank access doors to
determine whether impact-resistant access doors are installed in the
correct locations, and replacement of any standard door with an impact-
resistant access door if necessary. The NPRM also proposed to require
an inspection for the presence of stencils and index markers on impact-
resistant access doors, and application of new stencils or index
markers if necessary. The NPRM also proposed to require revising the
maintenance program to incorporate changes to the airworthiness
limitations section. The NPRM also proposed to add airplanes to the
applicability. We are issuing this AD to prevent foreign object
penetration of the fuel tank, which could cause a fuel leak near an
ignition source (e.g., hot brakes or engine exhaust nozzle),
consequently leading to a fuel-fed fire.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(78 FR 58962, September 25, 2013) and the FAA's response to each
comment.

Request To Revise Maintenance Planning Data (MPD) Document Number

    United Airlines requested that we revise the MPD document number
specified in paragraph (h)(1) of the NPRM (78 FR 58962, September 25,
2013) to reference Boeing 747-400 MPD Document D621U400-9, Revision
August 2012. United Airlines pointed out that the airworthiness section
of the document is located in Section 9 of the document identified as
D621U400-9.
    We agree with the commenter for the reason provided. We have
revised paragraph (h)(1) of this final rule accordingly.

Request To Reference Aircraft Maintenance Manual (AMM)

    British Airways (BA) stated the AMM would be a better location for
an appropriate task than the maintenance program. BA stated that Task
57-AWL-01, ``Impact-Resistant Fuel Tank Access Doors,'' of Sub-section
B.2, ``Impact-Resistant Fuel Tank Access Doors,'' of Section B,
``Airworthiness Limitations (AWLs)--Fuel Systems,'' of Section 9,
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), of the D621U400-9 Boeing 747-400 Maintenance
Planning Data (MPD) Document D621U400-9, Revision August 2012, does not
have a fixed interval or a defined inspection type, but simply requires
that the access panels are verified to be impact resistant prior to
installation. BA stated that this cannot be described as scheduled
maintenance and does not consider the best place for this Critical
Design Configuration Control Limitation (CDCCL) to be an operator's
maintenance program. BA stated that many CDCCL items are satisfied
through the AMM rather than with a maintenance program task. BA gave an
example of CDCCL Task 28-AWL-16, ``Fuel Tank Access Doors
Configuration'' of Sub-section B.1, ``AWLs--Fuel System Ignition
Prevention,'' of Section B, ``Airworthiness Limitations (AWLs)--Fuel
Systems,'' of Section 9, Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), of the D621U400-9 Boeing
747-400 Maintenance Planning Data (MPD) Document D621U400-9, Revision
August 2012, which also relates to fuel tank access door installation
and has no fixed interval; however, this CDCCL requirement is satisfied
through the AMM procedure relating to these panels, and not through a
task in an operator's maintenance program.
    We infer that the commenter is requesting that Task 57-AWL-01,
``Impact-Resistant Fuel Tank Access Doors,'' of Sub-section B.2,
``Impact-Resistant Fuel Tank Access Doors,'' of Section B,
``Airworthiness Limitations (AWLs)--Fuel Systems,'' of Section 9,
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), of the D621U400-9 Boeing 747-400 Maintenance
Planning Data (MPD) Document D621U400-9, Revision August 2012, contain
a reference to the AMM similar to CDCCL Task 28-AWL-16, ``Fuel Tank
Access Doors Configuration'' of Sub-section B.1, ``AWLs--Fuel System
Ignition Prevention,'' of Section B, ``Airworthiness Limitations
(AWLs)--Fuel Systems,'' of Section 9, Airworthiness Limitations (AWLs)
and Certification Maintenance Requirements (CMRs), of the D621U400-9
Boeing 747-400 Maintenance Planning Data (MPD) Document D621U400-9,
Revision August 2012.
    We disagree with the request to add an AMM reference. The
requirement specified in Task 57-AWL-01 identifies the safety critical
item to be maintained and does not mandate a specific AMM. The
inclusion of a reference to an AMM is not necessary. However, operators
may refer to the AMMs that are referenced in CDCCL Task 28-AWL-16. We
have not changed this AD in this regard.

Clarification of Inspection Area

    Paragraph (g)(2) of the NPRM (78 FR 58962, September 25, 2013)
proposed to require an inspection for the presence of stencils and
index markers on impact-resistant access doors, and application of new
stencils or index markers if necessary. As specified in Boeing Service
Bulletin 747-28-2315, dated January 11, 2012, the stencils and index
markers are located on the doors and adjacent wing skin. Therefore, we
have revised paragraph (g)(2) of this AD to specify doing an inspection
for the presence of stencils and index markers on impact-resistant
access doors and adjacent wing skin. We have also clarified in the
SUMMARY section and Discussion paragraph of the SUPPLEMENTARY
INFORMATION section that the AD was prompted by a report of a standard
access door installed instead of an impact-resistant access door and
stencils missing from some impact-resistant access doors and adjacent
wing skin.

Clarification of Maintenance Program Revision

    Paragraph (h) of the NPRM (78 FR 58962, September 25, 2013)
specifies that the actions specified in paragraphs (h)(1) and (h)(2) of
the NPRM must be done; however, the affected airplane models were not
identified. We have revised paragraph (h)(1) of this AD to specify that
the actions are applicable for Model 747-400, 747-400D, 747-400F series
airplanes. We have also revised paragraph (h)(2) of this AD to specify
that the actions are applicable for Model 747-100, 747-100B, 747-100B
SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP series
airplanes.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the change described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (78 FR 58962, September 25, 2013) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 58962, September 25, 2013).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 189 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                       Parts
             Action                  Labor cost         cost        Cost per product     Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  Up to 13 work-             $0  Up to $1,105...........  Up to $208,845.
                                  hours x $85 per
                                  hour = $1,105.
Maintenance program revision...  1 work-hour x $85          $0  $85....................  $16,065.
                                  per hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the inspection. We have
no way of determining the number of aircraft that might need these
replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement (per door)........................  3 work-hours x $85 per hour =             $8,000          $8,255
                                                 $255.
Stencil and index marker (14 doors)...........  17 work-hours x $85 per hour =                $0           1,445
                                                 $1,445.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for this Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
89-12-10, Amendment 39-6230 (Docket No. 88-NM-57-AD; 54 FR 23643, June
2, 1989), and adding the following new AD:

2014-15-14 The Boeing Company: Amendment 39-17916; Docket No. FAA-
2013-0790; Directorate Identifier 2013-NM-061-AD.

(a) Effective Date

    This AD is effective September 9, 2014.

(b) Affected ADs

    This AD replaces AD 89-12-10, Amendment 39-6230 (Docket No. 88-
NM-57-AD; 54 FR 23643, June 2, 1989).

(c) Applicability

    This AD applies to The Boeing Company Model 747-100, 747-100B,
747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-
400D, 747-400F, 747SR, and 747SP series airplanes; certificated in
any category; as identified in Boeing Service Bulletin 747-28-2315,
dated January 11, 2012.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by report of a standard access door
installed instead of an impact-resistant access door and stencils
missing from some impact-resistant access doors and adjacent wing
skin. We are issuing this AD to prevent foreign object penetration

of the fuel tank, which could cause a fuel leak near an ignition
source (e.g., hot brakes or engine exhaust nozzle), consequently
leading to a fuel-fed fire.

(f) Compliance

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

(g) Inspection and Corrective Action

    Within 72 months after the effective date of this AD, do the
actions specified in paragraphs (g)(1) and (g)(2) of this AD, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 747-28-2315, dated January 11, 2012.
    (1) Do either a general visual inspection or ultrasonic non-
destructive test of the left- and right-hand wing fuel tank access
doors to determine whether impact-resistant access doors are
installed in the correct locations. If any standard access door is
found, before further flight, replace with an impact-resistant
access door, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 747-28-2315, dated January 11, 2012.
    (2) Do a general visual inspection of the left- and right-hand
wing fuel tank impact-resistant access doors and adjacent wing skin
to verify stencils and index markers are applied. If a stencil or
index marker is missing, before further flight, apply a stencil or
index marker, as applicable, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 747-28-2315, dated January
11, 2012.

(h) Maintenance Program Revisions

    Within 60 days after the effective date of this AD, do the
actions specified in paragraphs (h)(1) or (h)(2) of this AD, as
applicable.
    (1) For Model 747-400, -400D, and -400F series airplanes: Revise
the maintenance program to incorporate Critical Design Configuration
Control Limitation (CDCCL) Task 57-AWL-01, ``Impact-Resistant Fuel
Tank Access Doors,'' of Sub-section B.2, ``Impact-Resistant Fuel
Tank Access Doors,'' of Section B, ``Airworthiness Limitations
(AWLs)--Fuel Systems,'' of Section 9, Airworthiness Limitations
(AWLs) and Certification Maintenance Requirements (CMRs) D621U400-9,
of the Boeing 747-400 Maintenance Planning Data (MPD) Document
D621U400-9, Revision August 2012.
    (2) For Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-
200C, 747-200F, 747-300, 747SR, and 747SP series airplanes: Revise
the maintenance program to incorporate CDCCL Task 57-AWL-01,
``Impact-Resistant Fuel Tank Access Doors,'' of Sub-section C.2,
``Impact-Resistant Fuel Tank Access Doors,'' of Section C,
``Airworthiness Limitations--Fuel Systems,'' of the Boeing 747-100/
200/300/SP Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs) Document D6-13747-CMR, Revision
August 2012.

(i) No Alternative Actions, Intervals, and/or CDCCL

    After accomplishing the revisions required by paragraph (h) of
this AD, no alternative actions (e.g., inspections), intervals, and/
or CDCCLs may be used unless the actions, intervals, and/or CDCCLs
are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (j) of this
AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (k) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(k) Related Information

    For more information about this AD, contact Suzanne Lucier,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Service Bulletin 747-28-2315, dated January 11, 2012.
    (ii) CDCCL Task 57-AWL-01, ``Impact-Resistant Fuel Tank Access
Doors,'' of Sub-section B, Airworthiness Limitations (AWLs)--Fuel
Systems, of Section 9, D621U400-9, Airworthiness Limitations (AWLs)
and Certification Maintenance Requirements (CMRs) of Boeing 747-400
Maintenance Planning Data (MPD) Document, Revision August 2012.
    (iii) CDCCL Task 57-AWL-01, ``Impact-Resistant Fuel Tank Access
Doors,'' of Sub-section C.2., ``Impact Resistant Fuel Tank Access
Doors,'' of Section C, ``Airworthiness Limitations--Fuel Systems,''
of the Boeing 747-100/200/300/SP Airworthiness Limitations (AWLs)
and Certification Maintenance Requirements (CMRs) Document D6-13747-
CMR, Revision August 2012.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at 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.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 13, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-17922 Filed 8-4-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Notices]
[Page 5077]
[FR Doc No: 2019-02715]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2662-034]

FirstLight Hydro Generating Company, FirstLight CT Hydro LLC;
Notice of Comment Period Extension

    On January 3, 2019, the Commission issued a notice setting February
2, 2019, as the end of the formal period to file comments, motions to
intervene, and protests on the transfer of license application for the
Scotland Hydroelectric Project No. 2662. Due to the funding lapse at
certain federal agencies between December 22, 2018 and January 25,
2019, the Commission is extending the comment period until February 25,
2019.

    Dated: February 11, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-02715 Filed 2-19-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: October 14, 2010 (Volume 75, Number 198)]
[Rules and Regulations]
[Page 63060-63062]
[DOCID:fr14oc10-10]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0737; Directorate Identifier 2010-CE-037-AD;
Amendment 39-16468; AD 2010-21-08]
RIN 2120-AA64

Airworthiness Directives; PIAGGIO AERO INDUSTRIES S.p.A. Model
PIAGGIO P-180 Airplanes

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

ACTION: Final rule.

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

    Some cases of failure of engine oil dipsticks, installed on
Pratt & Whitney Canada (P&WC) PT6A66 and PT6A66B engines, were
detected on P.180 aeroplanes; such failures, due to moisture
penetration into the dipstick and subsequent corrosion, can cause
incorrect reading of the engine oil low level on the Refuel/Ground
Test Panel.

    If left uncorrected, this situation could lead to in-flight engine
failure(s). We are issuing this AD to require actions to correct the
unsafe condition on these products.

DATES: This AD becomes effective November 18, 2010.
    On November 18, 2010, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.

FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on July 23, 2010 (75 FR
43095). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    Some cases of failure of engine oil dipsticks, installed on
Pratt & Whitney Canada (P&WC) PT6A66 and PT6A66B engines, were
detected on P.180 aeroplanes; such failures, due to moisture
penetration into the dipstick and subsequent corrosion, can cause
incorrect reading of the engine oil low level on the Refuel/Ground
Test Panel.

    If left uncorrected, this situation could lead to in-flight engine
failure(s).
    This AD requires:
    (1) Repetitive visual checks of the engine oil levels to prevent an
undetected low level condition;
    (2) Repetitive inspections of the oil dipsticks to detect faulty
units;
    (3) Replacement of faulty oil dipsticks or visual checks of the oil
level at reduced not to exceed intervals, until replacement of faulty
units.
    The engine TC Holder is currently developing a modification that
will address the unsafe condition identified in this AD; once such
modification is developed, approved and available, further mandatory
actions might be considered.
    This Correction is issued to amend the AD number heading: It was
PAD, it is AD.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    We estimate that this AD will affect 99 products of U.S. registry.
We also estimate that it will take about 2.5 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $21,038 or $212.50 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 1 work-hour and require parts costing $9,000, for a cost of
$9,085 per product. We have no way of determining the number of
products that may need these actions.

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 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2010-21-08 PIAGGIO AERO INDUSTRIES S.p.A.: Amendment 39-16468;
Docket No. FAA-2010-0737; Directorate Identifier 2010-CE-037-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November
18, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to PIAGGIO AERO INDUSTRIES S.p.A. Model
PIAGGIO P-180 airplanes, all serial numbers, certificated in any
category.

Subject

    (d) Air Transport Association of America (ATA) Code 79: Engine
Oil.

Reason

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

    Some cases of failure of engine oil dipsticks, installed on
Pratt & Whitney Canada (P&WC) PT6A66 and PT6A66B engines, were
detected on P.180 aeroplanes; such failures, due to moisture
penetration into the dipstick and subsequent corrosion, can cause
incorrect reading of the engine oil low level on the Refuel/Ground
Test Panel.
    If left uncorrected, this situation could lead to in-flight
engine failure(s).
    This AD requires:
    (1) Repetitive visual checks of the engine oil levels to prevent
an undetected low level condition;
    (2) Repetitive inspections of the oil dipsticks to detect faulty
units;
    (3) Replacement of faulty oil dipsticks or visual checks of the
oil level at reduced not to exceed intervals, until replacement of
faulty units.
    The engine TC Holder is currently developing a modification that
will address the unsafe condition identified in this AD; once such
modification is developed, approved and available, further mandatory
actions might be considered.
    This Correction is issued to amend the AD number heading: It was
PAD, it is AD.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within one month after November 18, 2010 (the effective date
of this AD) or within 25 hours time-in-service (TIS) after November
18, 2010 (the effective date of this AD), whichever occurs first,
and repetitively thereafter at intervals not to exceed one month or
25 hours TIS, whichever occurs first, do the following in both
engines:
    (i) Visually check the oil level following the Accomplishment
Instructions, Part A, of PIAGGIO AERO INDUSTRIES S.p.A. Service
Bulletin (Mandatory) N.: 80-0287, Rev. N. 1, dated March 24, 2010;
and
    (ii) Do a functional check and inspection of the dipstick
following the Accomplishment Instructions, Part B and C, of PIAGGIO
AERO INDUSTRIES S.p.A. Service Bulletin (Mandatory) N.: 80-0287,
Rev. N. 1, dated March 24, 2010.
    (2) If, as determined by the inspection in paragraph (f)(1)(ii)
of this AD, the installed dipsticks are compliant with P&WC Service
Bulletin no. 14383, the repetitive inspections required in paragraph
(f)(1) of this AD may be done at intervals not to exceed one month
or 50 hours TIS, whichever occurs first.
    (3) If a failed dipstick is found during any functional check
required in paragraph (f)(1)(ii) of this AD, do one of the
following;
    (i) If a replacement dipstick is available, replace it before
further flight; or
    (ii) If a replacement dipstick is not available, the failed
dipstick may be reinstalled, but, until replacement, the oil level
check specified in paragraph (f)(1)(i) of this AD must be
repetitively done in the affected engine within 5 hours TIS from the
last check. The repetitive oil level check interval may be extended
to 10 hours TIS based on oil consumption in accordance with the
Accomplishment Instructions, Part B, of PIAGGIO AERO INDUSTRIES
S.p.A. Service Bulletin (Mandatory) N.: 80-0287, Rev. N. 1, dated
March 24, 2010.
    (4) Replacement of the oil level dipstick does not terminate the
repetitive check requirements of paragraph (f)(1) of this AD.

FAA AD Differences

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

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Sarjapur Nagarajan, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120 0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2010 0123,

dated June 22, 2010; and PIAGGIO AERO INDUSTRIES S.p.A. Service
Bulletin (Mandatory) N.: 80-0287, Rev. N. 1, dated March 24, 2010,
for related information.

Material Incorporated by Reference

    (i) You must use PIAGGIO AERO INDUSTRIES S.p.A. Service Bulletin
(Mandatory) N.: 80-0287, Rev. N. 1, dated March 24, 2010, to do the
actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Piaggio Aero Industries S.p.A., Via Cibrario, 4-16154 Genoa, Italy;
phone: +39 010 6481 353; fax: +39 010 6481 881; e-mail:
<EMAIL_ADDRESS>Internet: http://www.piaggioaero.com.
    (3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Kansas City, Missouri, on September 29, 2010.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-25217 Filed 10-13-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Notices]
[Page 25796]
[FR Doc No: Z9-11609]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59908; File No. SR-BX-2009-021]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing of Proposed Rule Change to Amend the Restated Certificate of
Incorporation and By-Laws of NASDAQ OMX BX, Inc.

Correction

    In notice document E9-11609, beginning on page 23459 in the issue
of Tuesday, May 19, 2009, make the following correction:
    On page 23462, in the second column, in the second line, ``June 8,
2009'' should read ``June 9, 2009''.

[FR Doc. Z9-11609 Filed 5-28-09; 8:45 am]
BILLING CODE 1505-01-D


[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Rules and Regulations]
[Pages 30185-30187]
[FR Doc No: 2012-12336]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

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

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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

Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0042; Directorate Identifier 2011-NM-154-AD;
Amendment 39-17057; AD 2012-10-08]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD)
for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series
700, 701 & 702), CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24
(Regional Jet Series 900) airplanes. That AD currently requires a one-
time inspection of the main landing gear (MLG) shock strut assemblies
for part and serial numbers; for certain MLG shock strut assemblies, a
one-time inspection of the torque link apex joint, and corrective
actions if necessary; and, for certain MLG shock strut assemblies,
replacement or rework of the apex nut. This new AD continues to require
the actions in the existing AD, and adds the previously omitted part
and serial numbers. This AD was prompted by reports of loose or
detached main landing gear (MLG) torque link apex pin locking plate and
the locking plate retainer bolt in the torque link apex joint. We are
issuing this AD to detect and correct improper assembly and damage of
the MLG torque link apex joint, which could cause heavy vibration
during landing, consequent damage to MLG components, and subsequent
collapse of the MLG.

DATES: This AD becomes effective June 26, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 18, 2011
(76 FR 20498, April 13, 2011).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Stephen Kowalski, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on February 6, 2012 (77
FR 5730), and proposed to supersede AD 2011-08-04, Amendment 39-16654
(76 FR 20498, April 13, 2011). That NPRM proposed to correct an unsafe
condition for the specified products. The MCAI states:

    There have been four reports of loose or detached main landing
gear torque link apex pin locking plate and the locking plate
retainer bolt. This condition could result in torque link apex pin
disengagement, heavy vibration during landing, damage to main
landing gear components and subsequent main landing gear collapse.
    Investigation has determined that incorrect stack-up tolerances
of the apex joint or improper installation of the locking plate and
apex nut could result in torque link apex pin disengagement. This
[TCCA] directive mandates [a one-time detailed] inspection of the
torque link apex joint [for correct installation and damage, and
corrective actions if necessary] and replacement of the torque link
apex nut.

The corrective actions include re-installing parts that are not
correctly installed and replacing damaged parts. You may obtain further
information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (77 FR 5730, February 6,
2012) or on the determination of the cost to the public.

Explanation of Changes Made to This AD

    We have revised certain headers throughout this AD. We have also
revised the heading for and the wording in paragraph (n) of this AD;
this change has not affected the intent of that paragraph.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD with the changes described
previously--except for minor editorial changes. We have determined that
these changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 5730, February 6, 2012) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 5730, February 6, 2012).

Difference Between This AD and the MCAI or Service Information

    The MCAI specifies to inspect only airplanes having certain serial
numbers that are part of the MCAI applicability. Because the affected
part could be rotated onto any of the airplanes listed in the
applicability, this AD continues to require that the inspection be done
on all airplanes. We have coordinated this difference with the TCCA.

Costs of Compliance

    We estimate that this AD will affect about 361 products of U.S.
registry.
    The actions that are required by AD 2011-08-04, Amendment 39-16654
(76 FR 20498, April 13, 2011), and retained in this AD take about 5
work-hours per product, at an average labor rate of $85 per work-hour.
Based on these figures, the estimated cost of the currently required
actions is $153,425, or $425 per product.
    We estimate that it will take about 5 work-hours per product to
comply with the new basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD to the U.S.

operators to be $153,425, or $425 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (77 FR 5730, February 6,
2012), 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2011-08-04, Amendment 39-16654 (76 FR 20498, April 13, 2011), and
adding the following new AD:

2012-10-08 Bombardier, Inc.: Amendment 39-17057. Docket No. FAA-
2012-0042; Directorate Identifier 2011-NM-154-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective June 26,
2012.

(b) Affected ADs

    This AD supersedes AD 2011-08-04, Amendment 39-16654 (76 FR
20498, April 13, 2011).

(c) Applicability

    This AD applies to the Bombardier airplanes identified in
paragraphs (c)(1) and (c)(2) of this AD, certificated in any
category.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702)
airplanes, serial numbers (S/Ns) 10003 and subsequent.
    (2) Model CL-600-2D15 (Regional Jet Series 705) airplanes and
Model CL-600-2D24 (Regional Jet Series 900) airplanes, S/Ns 15001
and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 32: Landing
gear.

(e) Reason

    This AD was prompted by reports of loose or detached main
landing gear (MLG) torque link apex pin locking plate and the
locking plate retainer bolt in the torque link apex joint. We are
issuing this AD to detect and correct improper assembly and damage
of the MLG torque link apex joint, which could cause heavy vibration
during landing, consequent damage to MLG components, and subsequent
collapse of the MLG.

(f) Compliance

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

(g) Retained Inspection for Part Number (P/N) and S/N for Model CL-600-
2C10 Airplanes

    This paragraph restates the requirements of paragraph (g) of AD
2011-08-04, Amendment 39-16654 (76 FR 20498, April 13, 2011). For
airplanes identified in paragraph (c)(1) of this AD: Within 900
flight hours after May 18, 2011 (the effective date of AD 2011-08-
04), inspect the MLG shock strut assemblies to determine whether an
MLG shock strut assembly having a P/N 49000-11 through 49000-22
inclusive and a S/N 0001 through 0284 inclusive is installed. A
review of airplane maintenance records is acceptable in lieu of this
inspection if the part and serial numbers of the MLG shock strut
assembly can be conclusively determined from that review.

(h) Retained Inspection of the Torque Link Apex Joint for Model CL-600-
2C10 Airplanes

    This paragraph restates the requirements of paragraph (h) of AD
2011-08-04, Amendment 39-16654 (76 FR 20498, April 13, 2011). For
any MLG shock strut assembly having a P/N 49000-11 through 49000-22
inclusive and a S/N 0001 through 0284 inclusive found installed
during the inspection or records check required by paragraph (g) of
this AD: Within 900 flight hours after May 18, 2011 (the effective
date of AD 2011-08-04), perform a one-time detailed inspection and
all applicable corrective actions on the torque link apex joint, in
accordance with Part A of the Accomplishment Instructions of
Bombardier Service Bulletin 670BA-32-019, Revision A, dated
September 18, 2008, except as provided by paragraph (o) of this AD.
Do all applicable corrective actions before further flight.

(i) Retained Replacement or Rework of the Apex Nut for Model CL-600-
2C10 Airplanes

    This paragraph restates the requirements of paragraph (i) of AD
2011-08-04, Amendment 39-16654 (76 FR 20498, April 13, 2011). For
any MLG shock strut assembly identified during the inspection or
records check required by paragraph (g) of this AD: Within 4,500
flight hours after May 18, 2011 (the effective date of AD 2011-08-
04), replace or rework the apex nut, in accordance with Part B of
the Accomplishment Instructions of Bombardier Service Bulletin
670BA-32-019, Revision A, dated September 18, 2008.

(j) Retained Parts Installation

    For all airplanes: As of May 18, 2011 (the effective date of AD
2011-08-04, Amendment 39-16654 (76 FR 20498, April 13, 2011)), no
person may install, on any airplane, a replacement MLG shock strut
assembly identified in paragraph (j)(1) or (j)(2) of this AD, unless
it has been reworked in accordance with paragraph B. of Part B of
the Accomplishment Instructions of Bombardier Service Bulletin
670BA-32-019, Revision A, dated September 18, 2008.
    (1) Part numbers 49000-11 through 49000-22 inclusive, and with a
serial number in the range of S/Ns 0001 through 0284 inclusive (the
serial number can start with ``MA,'' ``MAL,'' or ``MA-'').

    (2) Part numbers 49050-5 through 49050-10 inclusive, and with a
serial number in the range of S/Ns 1001 through 1114 inclusive (the
serial number can start with ``MA,'' ``MAL,'' or ``MA-'').

(k) New Inspection for Part Number and Serial Number for Model CL-600-
2D15 and CL-600-2D24 Airplanes

    For airplanes identified in paragraph (c)(2) of this AD: Within
900 flight hours after the effective date of this AD, inspect the
MLG shock strut assemblies to determine whether an MLG shock strut
assembly having P/Ns 49050-5 through 49050-10 inclusive and a S/N
0001 through 1114 inclusive is installed. A review of airplane
maintenance records is acceptable in lieu of this inspection if the
part and serial numbers of the MLG shock strut assembly can be
conclusively determined from that review.

(l) Inspection of the Torque Link Apex Joint for Model CL-600-2D15 and
CL-600-2D24 Airplanes

    For any MLG shock strut assembly having P/Ns 49050-5 through
49050-10 inclusive and a S/N 0001 through 1114 inclusive found
installed during the inspection or records check required by
paragraph (k) of this AD: Within 900 flight hours after the
effective date of this AD, perform a one-time detailed inspection
and all applicable corrective actions on the torque link apex joint,
in accordance with Part A of the Accomplishment Instructions of
Bombardier Service Bulletin 670BA-32-019, Revision A, dated
September 18, 2008, except as provided by paragraph (o) of this AD.
Do all applicable corrective actions before further flight.

(m) Replacement or Rework of the Apex Nut for Model CL-600-2D15 and CL-
600-2D24 Airplanes

    For any MLG shock strut assembly identified during the
inspection or records check required by paragraph (k) of this AD:
Within 900 flight hours after the effective date of this AD, replace
or rework the apex nut, in accordance with Part B of the
Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-
019, Revision A, dated September 18, 2008.

 (n) Credit for Previous Actions

    (1) This paragraph provides credit for inspections, corrective
actions, replacements, and rework required by paragraphs (g), (h),
and (i) of this AD, if those actions were performed before May 18,
2011 (the effective date of AD 2011-08-04, Amendment 39-16654 (76 FR
20498, April 13, 2011)), using Bombardier Service Bulletin 670BA-32-
019, dated March 16, 2006.
    (2) This paragraph provides credit for inspections, corrective
actions, replacements, and rework required by paragraphs (k), (l),
and (m) of this AD, if those actions were performed before the
effective date of this AD using Bombardier Service Bulletin 670BA-
32-019, dated March 16, 2006.

(o) Inspections Not Required Under Certain Conditions

    The inspections specified in paragraph (h) or (l) of this AD are
not required if the actions specified in paragraph (i) or (m) of
this AD, as applicable, have already been accomplished; or if
Bombardier Repair Engineering Order 670-32-11-0022, dated October
22, 2005, or Goodrich Service Concession Request SCR 0056-05, dated
October 22, 2005; has been incorporated.

(p) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, New York 11590; telephone<PHONE_NUMBER>; fax 516-794-
5531. 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) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(q) Special Flight Permits

    Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed.

(r) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2009-20, dated
May 1, 2009; and Bombardier Service Bulletin 670BA-32-019, Revision
A, dated September 18, 2008; for related information.

 (s) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the following service
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
May 18, 2011 (76 FR 20498, April 13, 2011).
    (i) Bombardier Service Bulletin 670BA-32-019, Revision A, dated
September 18, 2008.
    (4) For service information identified in this AD, contact
Bombardier, Inc., 400 Cote-Vertu Road West, Dorval, Quebec H4S 1Y9,
Canada; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: http://www.bombardier.com.
    (5) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (6) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on May 10, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-12336 Filed 5-21-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 29, 2006 (Volume 71, Number 167)]
[Notices]
[Page 51264-51266]
[DOCID:fr29au06-99]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54348; File No. SR-NYSEArca-2006-47]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Amendment No. 1 Thereto of Proposed Rule Change Relating to
Voluntary Withdrawal Procedures by Listed Issuers

 August 22, 2006.
    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 August 4, 2006, 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 the Exchange. On August 17, 2006, the
Exchange filed Amendment No. 1 to the proposed rule change.\3\ The
Commission is publishing this notice to solicit comments on the
proposed rule change, as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange replaced Exhibit 5 with the
correct rule text and corrected a typographical error in the heading
of Exhibit 1.
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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'' or ``Corporation''), proposes to amend
NYSE Arca Equities Rule 5.4(b) relating to the voluntary withdrawal by
issuers of their securities listed on NYSE Arca, L.L.C. (also referred
to as the ``NYSE Arca Marketplace''), the equities trading facility of
NYSE Arca Equities, including with respect to dually-listed issuers.
Below is the text of the proposed rule change, as amended. Proposed new
language is italics; proposed deletions are in brackets.
* * * * *

Rule 5 Listings

* * * * *
[Issuer Proposing to Withdraw]
Rule 5.4(b). Issuer Proposing to Withdraw
    [An issuer proposing to withdraw a security from listing on the
Corporation shall submit to the Corporation a certified copy of a
resolution adopted by the board of directors of the issuer authorizing
withdrawal from listing and registrations, a letter from an authorized
officer of the issuer providing the specific reasons cited by the board
of directors of the issuer for the proposed withdrawal, and a copy of
the Form 25 that the issuer has filed with the Securities and Exchange
Commission in accordance with Rule 12d2-2 promulgated under Section
12(d) of the Securities Exchange Act of 1934, as amended, no later than
the date of such filing. The issuer may be required, under special
circumstances, to submit the proposed withdrawal to the shareholders
for their vote at a meeting

for which proxies are solicited provided the security is not also
listed on another exchange having similar requirements.]
    An issuer may delist a security from the Exchange after its board
approves the action and the issuer (i) furnishes the Exchange with a
copy of the Board resolution authorizing such delisting certified by
the secretary of the issuer and (ii) complies with all of the
requirements of Rule 12d2-2(c) under the Securities Exchange Act of
1934. The issuer must thereafter file a Form 25 with the Securities and
Exchange Commission to withdraw the security from listing on the
Exchange and from registration under the Securities Exchange Act of
1934. In addition, the issuer must provide a copy of the Form 25 to the
Exchange simultaneously with the filing of such Form 25 with the
Securities and Exchange Commission. If an issuer delists a class of
stock from the Exchange pursuant to this Rule, but does not delist
other classes of listed securities, the Exchange will give
consideration to delisting one or more of such other classes.
    If, however, an issuer proposing to withdraw from listing is also
listed on a national securities exchange or the Nasdaq Stock Market
(including the Nasdaq Capital Market or any successor thereto), it need
not submit the board resolution required by Rule 5.4(b)(i) above, but,
in lieu thereof, must provide a letter signed by an executive officer
of the issuer setting forth the reasons for the proposed withdrawal.
Such issuers must still otherwise comply with the other requirements of
this Rule and Rule 12d2-2(c) under the Securities Exchange Act of 1934.
    The Exchange [Corporation], upon receiving written notification of
the issuer's intent to withdraw its securities from listing and
registration, shall post notice of such intent on the Exchange's
website by the next business day and until the delisting becomes
effective. An issuer seeking to voluntarily apply to withdraw a class
of securities from listing on NYSE Arca pursuant to this paragraph that
has received notice from NYSE Arca, pursuant to Rule 5.3, Rule 5.5 or
otherwise, that it is below NYSE Arca's continued listing policies and
standards, or that is aware that it is below such continued listing
policies and standards notwithstanding that it has not received such
notice from NYSE Arca, must disclose that it is no longer eligible for
continued listing (identifying the specific continued listing policies
and standards with which it does not comply) in: (i) Its statement of
all material facts relating to the reasons for withdrawal from listing
provided to NYSE Arca along with written notice of its determination to
withdraw from listing required by Rule 12d2-2(c)(2)(ii) under the
Exchange Act; and (ii) its public press release and Web site notice
required by Rule 12d2-2(c)(2)(iii) under the Exchange Act.
* * * * *

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
    On March 7, 2006, Archipelago Holdings, Inc. and the New York Stock
Exchange, Inc. completed the merger creating the NYSE Group, Inc.
(``NYSE Group''). The NYSE Group is a holding company that operates,
among other things, two securities exchanges: New York Stock Exchange
LLC (``NYSE'') and NYSE Arca Marketplace.\4\ In connection with the
merger, NYSE Arca Marketplace examined its listings program, and
determined to revitalize and refocus its primary listings program. In
particular, with this filing, NYSE Arca proposes to: (1) Substantially
align its voluntary withdrawal requirements with those of the NYSE,\5\
and (2) eliminate--for all issuers listed on NYSE Arca, on the one
hand, and either a national securities exchange or the Nasdaq Stock
Market (including the Nasdaq Capital Market or any successor thereto),
on the other hand (which will be referred to as ``dually-listed
issuers'')--the requirement set forth in the current NYSE Arca Equities
Rule 5.4(b) that issuers which propose to withdraw a security from
listing shall submit a certified copy of a resolution adopted by the
board of directors authorizing withdrawal from listing and
registration. Instead, a dually-listed issuer wishing to voluntarily
withdraw will be required to submit a letter from an executive officer
of the issuer setting forth the reasons for the proposed withdrawal.
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    \4\ The Commission notes that NYSE Group operates two national
securities exchanges: NYSE and NYSE Arca. NYSE Arca Marketplace is a
facility of NYSE Arca Equities.
    \5\ For example, current Section 806.02 of the NYSE Listed
Company Manual states that if an issuer delists a class of stock
from NYSE but does not delist other classes of securities, NYSE will
give consideration to the delisting of one or more of such other
classes. Proposed NYSE Arca Equities Rule 5.4 will provide the
Exchange with similar flexibility.
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    The elimination of the board resolution requirement applies to
dually-listed issuers only; the board resolution requirement will
continue to apply to all issuers listed exclusively on NYSE Arca.
Furthermore, all other requirements of NYSE Arca Equities Rule 5.4(b)
will continue to apply to dually-listed issuers. The Exchange also
notes that dually-listed issuers will still be required to comply with
any applicable state laws.
    Additionally, based on informal discussions with its dually-listed
issuers, NYSE Arca believes that removing the board resolution
requirement will ease the process for any dually-listed issuer who
wishes to voluntarily withdraw from NYSE Arca. Furthermore, the
Exchange believes that the removal of this requirement would not create
or raise any new or significant regulatory issues. While a dually-
listed issuer will not be listed and traded on NYSE Arca following its
withdrawal from the NYSE Arca Marketplace, the issuer will continue to
be listed and traded on either a registered securities exchange or the
Nasdaq Stock Market (or any successor thereto). Consequently,
transparent last sale reporting information regarding trading in the
issuer's securities will continue to be disseminated, and the continued
listing and trading of such securities will remain subject to the same
or substantially similar protections and requirements to which such
listing and trading is currently subject on NYSE Arca. Moreover, in
lieu of the board resolution requirement, an executive officer of the
dually-listed issuer will be required to present a detailed rationale
for the proposed withdrawal. In contrast, those issuers exclusively
listed on NYSE Arca that wish to delist will continue to be required to
comply with the board resolution requirement.
2. Statutory Basis
    The Exchange believes that the proposed rule change, as amended, is
consistent with Section 6(b)(5) of the Act \6\ because it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation

and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
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    \6\ 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, as
amended, 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

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

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 such 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, as amended, 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-2006-47 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2006-47. 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. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2006-47 and should be submitted on or before
September 19, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-14275 Filed 8-28-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: August 6, 2008 (Volume 73, Number 152)]
[Rules and Regulations]
[Page 45611-45612]
[DOCID:fr06au08-7]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 522

[Docket No. FDA-2008-N-0039]

Implantation or Injectable Dosage Form New Animal Drugs;
Ceftiofur Hydrochloride

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of a new animal drug application
(NADA) filed by Pharmacia and Upjohn Co., a Division of Pfizer, Inc.
The NADA provides for the veterinary prescription use of a ceftiofur
hydrochloride injectable suspension for treatment of various bacterial
infections in swine and cattle.

DATES: This rule is effective August 6, 2008.

FOR FURTHER INFORMATION CONTACT: Donald A. Prater, Center for
Veterinary Medicine (HFV-130), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Pharmacia & Upjohn Co., a Division of
Pfizer, Inc., 235 East 42d St., New York, NY 10017, filed NADA 141-288
that provides for veterinary prescription use of EXCENEL RTU EZ
(ceftiofur hydrochloride) Sterile Suspension, used for treatment of
various bacterial infections in swine and cattle. The NADA is approved
as of July 1, 2008, and the regulations are amended in 21 CFR 522.313b
to reflect the approval. A swine pathogen is also being revised to
reflect current scientific nomenclature.
    In accordance with the freedom of information provisions of 21 CFR
part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and
effectiveness data and information submitted to support approval of
this application may be seen in the Division of Dockets Management
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday.
    Under section 512(c)(2)(F)(ii) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(ii)), this approval qualifies for
3 years of marketing exclusivity beginning on the date of approval.
    The agency has determined under Sec.  25.33(a)(1) that this action
is of a type that does not individually or cumulatively have a
significant effect on the human environment. Therefore, neither an
environmental assessment nor an environmental impact statement is
required.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subject in 21 CFR Part 522

    Animal drugs.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under

authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 522 is
amended as follows:

PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 522 continues to read as
follows:

    Authority: 21 U.S.C. 360b.

0
2. In Sec.  522.313b, revise paragraphs (a), (e)(1)(ii), and (e)(2)(i)
to read as follows:

Sec.  522.313b  Ceftiofur hydrochloride.

    (a) Specifications. Each milliliter of ceftiofur hydrochloride
suspension contains 50 milligrams (mg) ceftiofur equivalents in either
a peanut oil or caprylic/capric triglyceride suspension.
* * * * *
    (e) Conditions of use--
    (1) * * *
    (ii) Indications for use. For treatment and control of swine
bacterial respiratory disease (swine bacterial pneumonia) associated
with Actinobacillus pleuropneumoniae, Pasteurella multocida, Salmonella
Choleraesuis, and Streptococcus suis.
* * * * *
    (2) * * *
    (i) Amount. For bovine respiratory disease and acute bovine
interdigital necrobacillosis, administer 1.1 to 2.2 mg/kg of body
weight at 24-hour intervals for 3 to 5 consecutive days. For bovine
respiratory disease only, 2.2 mg/kg of body weight may be administered
twice at a 48-hour interval. For acute metritis only, administer 2.2
mg/kg of body weight at 24-hour intervals for 5 consecutive days.
Product in peanut oil suspension may be administered by either
intramuscular or subcutaneous injection. Product in caprylic/capric
triglyceride suspension may be administered by subcutaneous injection
only.
* * * * *

    Dated: July 28, 2008.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. E8-18094 Filed 8-5-08; 8:45 am]

BILLING CODE 4160-01-S


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on March 1, 2005

   NOTICE OF ACTION TAKEN -- DOCKET OST-2005-20145

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of  Delta Air Lines, Inc.  filed 1/21/05 for:

XX  Exemption for at least two years under 49 U.S. C. 40109 to the
extent necessary to permit Delta to display its designator code on
flights operated by its foreign code-share partners and subsidiaries and
affiliates of the named carriers that have been authorized by the
Department to carry the Delta code under blanket statements of
authorization on the following services:

Scheduled foreign air transportation of persons, property, and mail
between points in the United States and points worldwide on a
third-country code-share basis pursuant to blanket code-sharing
statements of authorization approved by the Department, and to integrate
this authority with its existing certificate and exemption authority.

United filed an answer stating that it does not oppose Delta’s
application so long as the Department contemporaneously grants
United’s application for comparable broad world-wide code-share
related exemption authority filed January 26, 2005, in Docket
OST-2004-19148.

Applicant rep:  Robert E. Cohn<PHONE_NUMBER>)   DOT Analyst: Sylvia
Moore<PHONE_NUMBER>

DISPOSITION

XX  Granted (subject to conditions, see remarks below)

The exemption authority granted was effective when taken:   March 1,
2005, through March 1, 2007

Action taken by:  Paul L. Gretch, Director

                              Office of International Aviation

XX  The authority granted is consistent with the aviation agreements
between the United States and the homelands of Delta’s foreign
code-share partners listed in this Notice.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX Holder’s
certificates of public convenience and necessity

	   XX  Standard exemption conditions (attached)

	   XX  Conditions attached to the relevant blanket statements of
authorization

2

Conditions:  The route integration authority granted is subject to the
condition that any service provided under this exemption shall be
consistent with all applicable agreements between the United States and
the foreign countries involved.  Furthermore, (a) nothing in the award
of the route integration authority requested should be construed as
conferring upon Delta rights (including fifth-freedom intermediate
and/or beyond rights) to serve markets where U.S. carrier entry is
limited unless Delta notifies the Department of its intent to serve such
a market and unless and until the Department has completed any necessary
carrier selection procedures to determine which carriers(s) should be
authorized to exercise such rights; and

(b) should there be a request by any carrier to use the limited-entry
route rights that are included in Delta’s authority by virtue of the
route integration exemption granted here, but that are not then being
used by Delta the holding of such authority by route integration will
not be considered as providing any preference for Delta in a competitive
carrier selection proceeding to determine which carrier(s) should be
entitled to use the authority at issue.

Remarks:  We have decided to grant Delta’s request.  With respect to
United’s comments, we note that we have contemporaneously issued a
notice granting United’s request.  (See Notice of Action Taken dated
March 1, 2005, in Docket OST-2004-19148.

We note that Delta has conducted a safety audit on all of its named
foreign air carrier code-share partners and affiliates under the
Department’s Code Share Safety Program, and the FAA has advised that
it has reviewed the relevant audit program and found the program to be
acceptable.

The exemption authority granted here is for operations with the foreign
code-share partners and affiliates named above.  Should Delta and any
new code-share partner be granted statements of authorization, Delta
will need to apply for exemption authority to the extent necessary to
permit Delta to display its code on flights operated by the new
code-share partners.

________________________________________________________________________
____________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the exemption authority was consistent with the
public interest; and (3) grant of the authority would not constitute a
major federal action under the Energy Policy and Conservation Act of
1975.  To the extent not granted, we denied all requests in the
referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

																	  05/2004

 Societé Air France; Air Jamaica Limited; Alitalia-Linee Aeree
Italiane-S.p.A.; China Airlines, Ltd.; Czech Airlines; Emirates; Korean
Air Lines Co., Ltd; and Royal Air Maroc.

 Brit Air, City Jet Limited, Regional, and Alitalia Express.

 See Notices of Action Taken dated October 26, 2001 (Docket OST
2001-10417, Delta-Alitalia);

August 6, 1998 (Undocketed, Delta-Air France); February 27, 2001 (Docket
OST-2000-8207, Delta-Czech); August 6, 1998, (Undocketed, Delta-Korean);
October 23, 2003 (Docket OST-2003-15805, Delta-Emirates); April 26, 2002
(Docket OST-2002-11459, Delta-Air China); October 22, 2004 (Docket
OST-2000-7738) March 8, 2004 (Docket OST-2003-16071, Delta-Air Jamaica.

 Of course, the U.S. carriers will need to have conducted code-share
safety audits of their foreign partners prior to receipt of authority
for such code-share services.