[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Notices]
[Pages 30579-30581]
[FR Doc No: 2012-12452]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67007; File No. SR-BX-2012-033]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Institute
an Excess Order Fee

May 17, 2012.
    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 May 14, 2012, NASDAQ OMX BX, Inc. (``BX'' or the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') a proposed
rule change as described in Items I, II and III below, which Items have
been prepared by the Exchange. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    BX proposes to institute an excess order fee. BX will implement the
proposed change on June 1, 2012. The text of the proposed rule change
is available at http://nasdaqomxbx.cchwallstreet.com/, at BX's
principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    BX is concerned that the inefficient order entry practices of
certain market participants may be placing excessive burdens on the
systems of BX and its members and may negatively impact the usefulness
and life cycle cost of market data.\3\ Market participants that flood
the market with orders that are rapidly cancelled or that are priced
away from the inside market do little to support meaningful price
discovery, and in fact may create investor confusion about the extent
of trading interest in a stock. In extreme instances, inefficient order
entry may constitute ``layering,'' the manipulative practice of using
multiple orders at different price levels to move the price of a stock.
While BX has an active program to detect and prosecute manipulative
schemes, including layering,\4\ it also believes that market quality
can be improved through the imposition of a fee on market participants
that engage in extremely inefficient order entry practices. Because BX
believes that inefficient order entry is a problem associated with a
relatively small number of market participants, and is therefore not a
pervasive characteristic of today's markets, the impact of the fee will
be narrow. In fact, it is BX's expectation that the fee will encourage
potentially affected market participants to modify their order entry
practices in order to avoid the fee, thereby improving the market for
all participants. Accordingly, BX does not expect to earn significant
revenues from the fee.
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    \3\ See generally Recommendations Regarding Regulatory Reponses
to the Market Events of May 6, 2010, Joint CFTC-SEC Advisory
Committee on Emerging Regulatory Issues, at 11 (February 18, 2011)
(``The SEC and CFTC should also consider addressing the
disproportionate impact that [high frequency trading] has on
Exchange message traffic and market surveillance costs * * *. The
Committee recognizes that there are valid reasons for algorithmic
strategies to drive high cancellation rates, but we believe that
this is an area that deserves further study. At a minimum, we
believe that the participants of those strategies should properly
absorb the externalized costs of their activity.'').
    \4\ Cf. FINRA Sanctions Trillium Brokerage Services, LLC,
Director of Trading, Chief Compliance Officer, and Nine Traders
$2.26 Million for Illicit Equities Trading Strategy (September 13,
2010) (available at http://www.finra.org/Newsroom/NewsReleases/2010/P121951). The fee proposed in this filing will not in any way
substitute for, or result in a diminution of, BX's surveillance
program for market manipulation.
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    The fee will be imposed on market participant identifiers
(``MPID'') that have characteristics indicative of inefficient order
entry practices. In general, the determination of whether to impose the
fee on a particular MPID will be made by calculating the ratio between
(i) entered orders, weighted by the distance of the order from the
national best bid or offer (``NBBO''), and (ii) orders that execute in
whole or in part. The fee is imposed on MPIDs with an ``Order Entry
Ratio'' of more than 100. The Order Entry Ratio is calculated, and the
Excess Order Fee imposed, on a monthly basis.
    For each MPID, the Order Entry Ratio is the ratio of (i) the MPID's
``Weighted Order Total'' to (ii) the greater of one (1) or the number
of displayed, non-marketable orders \5\ sent to BX through the MPID
that execute in full or in part.\6\ The Weighted Order Total is the
number of displayed, non-marketable orders sent to BX through the MPID,
as adjusted by a ``Weighting Factor.'' The applicable Weighting Factor
is applied to each order based on its price in comparison to the NBBO
at the time of order entry:
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    \5\ The fee focuses on displayed orders since they have the most
significant impact on investor confusion and the quality of market
data.
    \6\ Thus, in an extreme case where no orders entered through the
MPID executed, this component of the ratio would be assumed to be 1,
so as to avoid the impossibility of dividing by zero.

------------------------------------------------------------------------
                                                               Weighting
             Order's price versus NBBO at entry                 factor
------------------------------------------------------------------------
Less than 0.20% away........................................          0x
0.20% to 0.99% away.........................................          1x
1.00% to 1.99% away.........................................          2x
2.00% or more away..........................................          3x
------------------------------------------------------------------------

    Thus, in calculating the Weighted Order Total, an order that was
more than 2.0% away from the NBBO would be equivalent to three orders
that were 0.50% away. Due to the applicable Weighting Factor of 0x,
orders entered less than 0.20% away from the NBBO would not be included
in the Weighted Order Total, but would be included in the ``executed''
orders component of the Order Entry Ratio if they execute in full or
part.\7\ MPIDs with a daily average Weighted Order Total of less than
100,000 during the month will not be subject to the Excess Order
Fee.\8\
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    \7\ An analogous fee that was recently filed by The NASDAQ Stock
Market LLC (``NASDAQ'') includes an exclusion from both components
of the ratio for orders sent by market makers in securities in which
they are registered, through the MPID applicable to the
registration. Although BX rules currently allow for market maker
registration, BX does not currently have any registered market
makers. Accordingly, BX has not deemed it necessary to adopt a
comparable exclusion. In the event that market maker participation
in BX increases, BX will evaluate the advisability of adopting an
exclusion.
    \8\ BX believes that this exclusion is reasonable because an
MPID with an extremely low volume of entered orders has only a de
minims impact on the market.
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    The following example illustrates the calculation of the Order
Entry Ratio:
     A member enters 15,000,000 displayed, liquidity-providing
orders:
     [cir] 10,000,000 ororders are entered at the NBBO. The Weighting
Factor for these orders is 0x.
     [cir] 5,000,000 orders are entered at a price that is 1.50% away
from the NBBO. The Weighting Factor for these orders is 2x.
     Of the 15,000,000 orders, 90,000 are executed.
     The Weighted Order Total is (10,000,000 x 0) + (5,000,000
x 2) = 10,000,000. The Order Entry Ratio is 10,000,000/90,000 = 111.
    If an MPID has an Order Entry Ratio of more than 100, the amount of
the Order Entry Fee will be calculated by determining the MPID's
``Excess Weighted Orders.'' Excess Weighted Orders are calculated by
subtracting (i) the Weighted Order Total that would result in the MPID
having an Order Entry Ratio of 100 from (ii) the MPID's actual Weighted
Order Total. In the example above, the Weighted Order Total that would
result in an Order Entry Ratio of 100 is 9,000,000, since 9,000,000/
90,000 = 100. Accordingly, the Excess Weighted Orders would be
10,000,000-9,000,000 = 1,000,000.
    The Excess Order Fee charged to the member will then be determined
by multiplying the ``Applicable Rate'' by the number of Excess Weighted
Orders. The Applicable Rate is determined based on the MPID's Order
Entry Ratio:

------------------------------------------------------------------------
                                                              Applicable
                     Order entry ratio                           rate
------------------------------------------------------------------------
101-1,000..................................................       $0.005
More than 1,000............................................         0.01
------------------------------------------------------------------------

    In the example above, the Applicable Rate would be $0.005, based on
the MPID's Order Entry Ratio of 111. Accordingly, the monthly Excess
Order Fee would be 1,000,000 x $0.005 = $5,000.
2. Statutory Basis
    BX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\9\ in general, and with Sections
6(b)(4) and 6(b)(5) of the Act,\10\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility or
system which BX operates or controls, is not designed to

permit unfair discrimination between customers, issuers, brokers, or
dealers.
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    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4) and (5).
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    BX believes that the Order Entry Fee is reasonable because it is
designed to achieve improvements in the quality of displayed liquidity
and market data that will benefit all market participants. In addition,
although the level of the fee may theoretically be very high, the fee
is reasonable because market participants may readily avoid the fee by
making improvements in their order entry practices that reduce the
number of orders they enter, bring the prices of their orders closer to
the NBBO, and/or increase the percentage of their orders that execute.
For similar reasons, the fee is consistent with an equitable allocation
of fees, because although the fee may apply to only a small number of
market participants, the fee would be applied to them in order to
encourage better order entry practices that will benefit all market
participants. Ideally, the fee will be applied to no one, because
market participants will adjust their behavior in order to avoid the
fee. Finally, BX believes that the fee is not unfairly discriminatory.
Although the fee may apply to only a small number of market
participants, it will be imposed because of the negative externalities
that such market participants impose on others through inefficient
order entry practices. Accordingly, BX believes that it is fair to
impose the fee on these market participants in order to incentivize
them to modify their behavior and thereby benefit the market.
    Finally, BX believes that the fee will help 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, because the fee is designed
to reduce the extent of non-actionable orders in the market, thereby
promoting greater order interaction, increasing the quality of market
data, and inhibiting potentially abusive trading practices.

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

    BX 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. Specifically, BX
believes that the fee will constrain market participants from pursuing
certain inefficient and potentially abusive trading strategies. To the
extent that this change may be construed as a burden on competition, BX
believes that it is appropriate in order to further the purposes of
Section 6(b)(5) of the Act.\11\
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    \11\ 15 U.S.C. 78f(b)(5).
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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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\12\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
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    \12\ 15 U.S.C. 78s(b)(3)(a)(ii).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2012-033 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-BX-2012-033. This file
number should be included on the subject line if email is used.
    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room on
official business days between the hours of 10:00 a.m. and 3:00 p.m.
Copies of such filing also will be available for inspection and copying
at the principal offices 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-BX-2012-033, and should be submitted on
or before June 13, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-12452 Filed 5-22-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)]
[Proposed Rules]
[Pages 14990-14995]
[FR Doc No: 2016-06247]

========================================================================
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. 81, No. 54 / Monday, March 21, 2016 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-4228; Directorate Identifier 2015-NM-107-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) 2014-13-
12, for all Airbus Model A318, A319, A320, and A321 series airplanes.
AD 2014-13-12 currently requires identifying the part number and serial
number of each passenger oxygen container, replacing the oxygen
generator manifold of any affected oxygen container with a serviceable
manifold, and performing an operational check of the manual mask
release, and doing corrective actions if necessary. Since we issued AD
2014-13-12, we have determined that affected containers have not only
been marked with company name B/E Aerospace, as was specified, but
also, for a brief period, with the former company name DAe Systems.
This proposed AD would retain the requirements of AD 2014-13-12, and
require replacing the oxygen generator manifold of any affected DAe
oxygen container with a serviceable manifold. We are proposing this AD
to detect and correct nonserviceable oxygen generator manifolds, which
could reduce or block the oxygen supply and result in injury to
passengers when oxygen supply is needed.

DATES: We must receive comments on this proposed AD by May 5, 2016.

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 Airbus service information identified in this NPRM, contact
Airbus, Airworthiness Office--EIAS, 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.
    For B/E AEROSPACE service information identified in this proposed
AD, contact BE Aerospace Systems GmbH, Revalstrasse 1, 23560
L[uuml]beck, Germany; telephone (49) 451 4093-2976; fax (49) 451 4093-
4488.
    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-2016-
4228; 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: Sanjay Ralhan, 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-2016-4228;
Directorate Identifier 2015-NM-107-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 July 9, 2014, we issued AD 2014-13-12, Amendment 39-17888 (79 FR
45317, August 5, 2014) (``AD 2014-13-12''). AD 2014-13-12 requires
actions intended to address an unsafe condition on all Airbus Model
A318, A319, A320, and A321 series airplanes.
    Since we issued AD 2014-13-12, we have determined that affected
containers have not only been marked with company name B/E Aerospace,
as was specified, but also, for a brief period, with the former company
name DAe Systems.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0208, dated September 16, 2014 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition. The MCAI states:

    During production of passenger oxygen containers, the
manufacturer, B/E Aerospace, detected some silicon particles inside
the oxygen generator manifolds. Investigation revealed that those
particles (chips) had chafed from the mask hoses during installation
onto the generator outlets. It was discovered that a defective mask
hose installation device had caused the chafing.
    This condition, if not detected and corrected, could reduce or
block the oxygen supply, possibly resulting in injury to passengers
when oxygen supply is needed.
    To address this potential unsafe condition, EASA issued AD 2011-
0167 [http://ad.easa.europa.eu/blob/

easa_ad_2011_0167_superseded.pdf/AD_2011-0167_1] to require the
identification and modification of the affected oxygen container
assemblies. That [EASA] AD also prohibited the installation of the
affected containers on any aeroplane as replacement parts. It was
subsequently established that Models A318-121 and A318-122 were
missing from the Applicability of the [EASA] AD, and clarification
was necessary regarding the affected containers.
    Consequently, EASA issued AD 2012-0083 [http://ad.easa.europa.eu/blob/easa_ad_2012_0083_superseded.pdf/AD_2012-0083_1] [which corresponds to FAA AD 2014-13-12, Amendment 39-17888
(79 FR 45317, August 5, 2014)], retaining the requirements of EASA
AD 2011-0167, which was superseded, expanded the Applicability by
adding two aeroplane models, and provided clarity by providing a
list of affected passenger oxygen containers.
    Since that [EASA] AD was issued, it was found that the affected
containers have not only been marked with company name B/E
Aerospace, as was specified, but also, for a brief period, with the
former company name DAe Systems.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2012-0083, which is superseded, and expands
the affected group of containers to include those that have the name
``DAe Systems'' on the identification plate.
    This [EASA] AD also clearly separates the serial number (s/n)
groups of containers into those manufactured by B/E Aerospace and
those manufactured by DAe Systems, for which additional compliance
time is provided.

    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-2016-
4228.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-35A1047, dated March 29,
2011. The service information describes procedures for modifying the
oxygen mask hoses of the Type 1 and Type 2 oxygen containers.
    B/E AEROSPACE has issued Service Bulletins 1XCXX-0100-35-005 and
22CXX-0100-35-003, both Revision 2, both dated July 10, 2014. The
service information describes procedures for replacement of the oxygen
generator manifold.
    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.

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 designs.

Changes to This Proposed AD

    We have not included paragraph (h)(5) of AD 2014-13-12 in this
proposed AD. Paragraph (h)(5) of AD 2014-13-12 inadvertently specified
that certain actions were to be done if the affected part was listed in
the specified service information. It should have specified that those
actions were to be done only if the part was not listed in the service
information. We have included the correct requirement in the new
actions of this proposed AD.
    We have removed Note 1 to paragraph (h)(1) of AD 2014-13-12, which
identified affected passenger emergency oxygen container assemblies as
those having the mark ``B/E AEROSPACE'' on the identification plate.
This is no longer applicable because we have determined that affected
containers have not only been marked with company name B/E Aerospace,
as was specified, but also, for a brief period, with the former company
name DAe Systems.
    We have added Note 2 to figure 1 to paragraph (i)(7) of this AD,
which provides information to clarify information presented in figure 1
to paragraph (i)(7) of this AD.

Costs of Compliance

    We estimate that this proposed AD affects 22 airplanes of U.S.
registry.
    The actions required by AD 2014-13-12, and retained in this
proposed AD take about 6 work-hours per product, at an average labor
rate of $85 per work-hour. Based on these figures, the estimated cost
of the actions that are required by AD 2014-13-12 is $510 per product.
    We also estimate that it would take about 6 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $11,220, or $510
per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    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)
2014-13-12, Amendment 39-17888 (79

FR 45317, August 5, 2014), and adding the following new AD:

Airbus: Docket No. FAA-2016-4228; Directorate Identifier 2015-NM-
107-AD.

(a) Comments Due Date

    We must receive comments by May 5, 2016.

(b) Affected ADs

    This AD replaces AD 2014-13-12, Amendment 39-17888 (79 FR 45317,
August 5, 2014) (``AD 2014-13-12'').

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1) through (c)(4) of this AD, certificated in any category, all
manufacturer serial numbers.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
    (3) Model A320-211, -212, -214, -231, -232, -233, and -271
airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Reason

    This AD was prompted by reports of silicon particles inside the
oxygen generator manifolds, which had chafed from the mask hoses
during installation onto the generator outlets. We are issuing this
AD to detect and correct nonserviceable oxygen generator manifolds,
which could reduce or block the oxygen supply and result in injury
to passengers when oxygen supply is needed.

(f) Compliance

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

(g) Retained Part Number and Serial Number Identification, With No
Changes

    This paragraph restates the requirements of paragraph (g) of AD
2014-13-12, with no changes. Within 5,000 flight cycles, or 7,500
flight hours, or 24 months, whichever occurs first after September
9, 2014 (the effective date of AD 2014-13-12), identify the part
number and serial number of each passenger oxygen container. A
review of airplane maintenance records is acceptable in lieu of this
identification if the part number and serial number of the oxygen
container can be conclusively determined from that review.

(h) Retained Replacement, Check, and Repair, With Paragraph (h)(5) and
Note 1 to Paragraph (h) of AD 2014-13-12 Removed, and Revised Repair
Instructions

    This paragraph restates the requirements of paragraph (h) of AD
2014-13-12, with paragraph (h)(5) and Note 1 to paragraph (h) of AD
2014-13-12 removed, and revised repair instructions. If the part
number of the passenger oxygen container is listed in paragraph
(h)(1) of this AD and the serial number of the passenger oxygen
container is listed in paragraph (h)(2) of this AD: Within the
compliance time specified in paragraph (g) of this AD, do the
actions specified in paragraphs (h)(3) and (h)(4) of this AD, except
as provided by paragraphs (i)(1) through (i)(7) of this AD.
    (1) (Type I: 15 and 22 minutes) 12C15Lxxxxx0100,
12C15Rxxxxx0100, 13C15Lxxxxx0100, 13C15Rxxxxx0100, 14C15Lxxxxx0100,
14C15Rxxxxx0100, 12C22Lxxxxx0100, 12C22Rxxxxx0100, 13C22Lxxxxx0100,
13C22Rxxxxx0100, 14C22Lxxxxx0100, and 14C22Rxxxxx0100; and (Type II:
15 and 22 minutes) 22C15Lxxxxx0100, 22C15Rxxxxx0100,
22C22Lxxxxx0100, and 22C22Rxxxxx0100.
    (2) ARBA-0000 to ARBA-9999 inclusive, ARBB-0000 to ARBB-9999
inclusive, ARBC-0000 to ARBC-9999 inclusive, ARBD-0000 to ARBD-9999
inclusive, ARBE-0000 to ARBE-9999 inclusive, BEBF-0000 to BEBF-9999
inclusive, BEBH-0000 to BEBH-9999 inclusive, BEBK-0000 to BEBK-9999
inclusive, BEBL-0000 to BEBL-9999 inclusive, and BEBM-0000 to BEBM-
9999 inclusive.
    (3) Replace the oxygen generator manifold of any affected oxygen
passenger container with a serviceable manifold, in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A320-
35A1047, dated March 29, 2011.
    (4) Do an operational check of the manual mask release, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-35A1047, dated March 29, 2011. If the operational
check fails, before further flight, repair the manual mask release,
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).

(i) Retained Exceptions, With No Changes

    This paragraph restates the provisions of paragraph (i) of AD
2014-13-12, with no changes.
    (1) Oxygen containers that meet the conditions specified in
paragraph (i)(1)(i) or (i)(1)(ii) of this AD are compliant with the
requirements of paragraph (h) of this AD.
    (i) Oxygen containers Type I having a part number listed in
paragraph (h)(1) of this AD and having a serial number listed in
paragraph (h)(2) of this AD, that have been modified prior to
September 9, 2014 (the effective date of AD 2014-13-12), as
specified in the Accomplishment Instructions of B/E Aerospace
Service Bulletin 1XCXX-0100-35-005, Revision 1, dated December 15,
2012.
    (ii) Oxygen containers Type II having a part number listed in
paragraph (h)(1) of this AD and having a serial number listed in
paragraph (h)(2) of this AD, that have been modified prior to
September 9, 2014 (the effective date of AD 2014-13-12), as
specified in the Accomplishment Instructions of B/E Aerospace
Service Bulletin 22CXX-0100-35-003, Revision 1, dated December 20,
2011.
    (2) Airplanes on which Airbus Modification 150703 or Airbus
Modification 150704 has not been embodied in production do not have
to comply with the requirements of paragraph (h) of this AD, unless
an oxygen container having a part number listed in paragraph (h)(1)
of this AD and having a serial number listed in paragraph (h)(2) of
this AD has been replaced since the airplane's first flight.
    (3) Airplanes on which Airbus Modification 150703 or Airbus
Modification 150704 has been embodied in production and which are
not listed by model and manufacturer serial number in Airbus Service
Bulletin A320-35A1047, dated March 29, 2011, are not subject to the
requirements of paragraphs (g) and (h) of this AD, unless an oxygen
container having a part number listed in paragraph (h)(1) of this AD
and having a serial number listed in paragraph (h)(2) of this AD has
been replaced since the airplane's first flight.
    (4) Model A319 airplanes that are equipped with a gaseous oxygen
system for passengers, installed in production with Airbus
Modification 33125, do not have the affected passenger oxygen
containers installed. Unless these airplanes have been modified in
service (no approved Airbus modification exists), the requirements
of paragraphs (g) and (h) of this AD do not apply to these
airplanes.
    (5) Airplanes that have already been inspected prior to the
effective date of this AD, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-35A1047, dated March
29, 2011, must be inspected and, depending on the findings,
corrected, within the compliance time defined in paragraph (g) of
this AD, as required by paragraph (h) of this AD, as applicable,
except as specified in paragraph (i)(6) of this AD.
    (6) Airplanes on which the passenger oxygen container has been
replaced before the effective date of this AD, in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A320-
35A1047, dated March 29, 2011, are compliant with the requirements
of the paragraph (h) of this AD for that passenger oxygen container.
    (7) The requirements of paragraphs (g) and (h) of this AD apply
only to passenger oxygen containers that are Design A, as defined in
figure 1 to paragraph (i)(7) of this AD.

[GRAPHIC] [TIFF OMITTED] TP21MR16.005

    Note 1 to figure 1 to paragraph (i)(7) of this AD: Figure 1 is a
reproduction of material from EASA AD 2012-0083, dated May 16, 2012.
The words ``Appendix 1 of this AD'' in this figure refer to Appendix
1 of EASA AD 2012-0083, dated May 16, 2012.

    Note 2 to figure 1 to paragraph (i)(7) of this AD: For ``Design
A,'' the placard on the passenger oxygen container test button is as
described in ``Picture A'' in figure 1 to paragraph (i)(7) of this
AD. The mask configuration (``ZZ'' in ``Picture A'') is a number,
and the test button is as shown in ``Picture B.''

(j) Retained Parts Installation Limitations, With No Changes

    This paragraph restates the requirements of paragraph (j) of AD
2014-13-12, with no changes. As of September 9, 2014 (the effective
date of AD 2014-13-12), no person may install an oxygen container
having a part number specified in paragraph (h)(1) of this AD and
having a serial number specified in

paragraph (h)(2) of this AD, on any airplane, unless the container
has been modified in accordance with the Accomplishment Instructions
of any of the service information specified in paragraph (j)(1),
(j)(2), or (j)(3) of this AD, as applicable.
    (1) Airbus Service Bulletin A320-35A1047, dated March 29, 2011.
    (2) B/E AEROSPACE Service Bulletin 1XCXX-0100-35-005, Revision
1, dated December 15, 2012.
    (3) B/E AEROSPACE Service Bulletin 22CXX-0100-35-003, Revision
1, dated December 20, 2011.

(k) New Requirement of This AD: Identification of Oxygen Containers

    At the applicable time specified in paragraphs (k)(1) and (k)(2)
of this AD: Identify the part number and serial number of each
passenger oxygen container. A review of airplane maintenance records
is acceptable in lieu of this identification if the part number and
serial number of the oxygen container can be conclusively determined
from that review.
    (1) For units with ``B/E AEROSPACE'' on the identification
plate: Within 5,000 flight cycles, or 7,500 flight hours, or 24
months, whichever occurs first after the effective date of this AD.
    (2) For units with ``DAe Systems'' on the identification plate:
Within 2,500 flight cycles, or 3,750 flight hours, or 12 months,
whichever occurs first, after the effective date of this AD.

(l) New Requirement of This AD: Modification of Oxygen Containers

    If a passenger oxygen container has a part number listed in
paragraph (h)(1) of this AD and a serial number listed in paragraph
(m)(1) or (m)(2) of this AD: At the applicable time specified in
paragraphs (k)(1) and (k)(2) of this AD, do the actions specified in
paragraphs (l)(1), (l)(2), and (l)(3) of this AD.
    (1) Replace the oxygen generator manifold of any affected oxygen
container with a serviceable manifold, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-35A1047,
dated March 29, 2011.
    (2) Do an operational check of the manual mask release, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-35A1047, dated March 29, 2011. If the operational
check fails, before further flight, repair the manual mask release,
using a method approved by the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the EASA; or Airbus's
EASA DOA.
    (3) Check if the part number of the passenger oxygen container
is listed in B/E Aerospace Service Bulletin 1XCXX-0100-35-005,
Revision 2, dated July 10, 2014; or B/E Aerospace Service Bulletin
22CXX-0100-35-003, Revision 2, dated July 10, 2014, as applicable.
If the part number is not listed in B/E Aerospace Service Bulletin
1XCXX-0100-35-005, Revision 2, dated July 10, 2014; or B/E Aerospace
Service Bulletin 22CXX-0100-35-003, Revision 2, dated July 10, 2014;
within the compliance time specified in paragraphs (k)(1) and (k)(2)
of this AD, repair the passenger oxygen container using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the EASA; or Airbus's EASA DOA.

(m) New Requirement of This AD: Part Number and Serial Numbers for the
Parts Affected by Paragraph (l) of This AD Requirements

    Affected parts for the actions required by paragraph (l) of this
AD are identified in paragraphs (m)(1) and (m)(2) of this AD.
    (1) For oxygen containers with ``DAe Systems'' on the
identification plate: Units having a part number identified in
paragraphs (h)(1) of this AD, where part number ``xxxxx'' stands for
any alphanumerical value, and a serial number identified in
paragraphs (m)(1)(i) through (m)(1)(vi) of this AD.
    (i) ARBA-0000 to ARBA-9999 inclusive.
    (ii) ARBB-0000 to ARBB-9999 inclusive.
    (iii) ARBC-0000 to ARBC-9999 inclusive.
    (iv) ARBD-0000 to ARBD-9999 inclusive.
    (v) ARBE-0000 to ARBE-9999 inclusive.
    (vi) BEBE-0000 to BEBE-9999 inclusive.
    (2) For oxygen containers with ``B/E AEROSPACE'' on the
identification plate: Units having a part number identified in
paragraphs (h)(1) of this AD, where part number ``xxxxx'' stands for
any alphanumerical value, and a serial number identified in
paragraphs (m)(2)(i) through (m)(2)(v) of this AD.
    (i) BEBF-0000 to BEBF-9999 inclusive.
    (ii) BEBH-0000 to BEBH-9999 inclusive.
    (iii) BEBK-0000 to BEBK-9999 inclusive.
    (iv) BEBL-0000 to BEBL-9999 inclusive.
    (v) BEBM-0000 to BEBM-9999 inclusive.

(n) New Requirement of This AD: Exceptions

    (1) Oxygen containers that meet the conditions specified in
paragraph (n)(1)(i) or (n)(1)(ii) of this AD are compliant with the
requirements of paragraph (l) of this AD.
    (i) Oxygen containers Type I having a part number listed in
paragraph (h)(1) of this AD and having a serial number listed in
paragraph (m)(1) or (m)(2), as applicable, of this AD, that have
been modified prior to the effective date of this AD, as specified
in the Accomplishment Instructions of B/E Aerospace Service Bulletin
1XCXX-0100-35-005, Revision 1, dated December 15, 2012; or B/E
Aerospace Service Bulletin 1XCXX-0100-35-005, Revision 2, dated July
10, 2014.
    (ii) Oxygen containers Type II having a part number listed in
paragraph (h)(1) of this AD and having a serial number listed in
paragraph (m)(1) or (m)(2) of this AD, as applicable, that have been
modified prior to the effective date of this AD, as specified in the
Accomplishment Instructions of B/E Aerospace Service Bulletin 22CXX-
0100-35-003, Revision 1, dated December 20, 2011; or B/E Aerospace
Service Bulletin 22CXX-0100-35-003, Revision 2, dated July 10, 2014.
    (2) Airplanes on which Airbus Modification 150703 or Airbus
Modification 150704 has not been embodied in production do not have
to comply with the requirements of paragraph (l) of this AD, unless
an oxygen container having a part number listed in paragraph (h)(1)
of this AD and having a serial number listed in paragraph (m)(1) or
(m)(2) of this AD, as applicable, of this AD has been replaced since
the airplane's first flight.
    (3) Airplanes on which Airbus Modification 150703 or Airbus
Modification 150704 has been embodied in production and which are
not listed by model and manufacturer serial number in Airbus Service
Bulletin A320-35A1047, dated March 29, 2011, are not subject to the
requirements of paragraphs (k) and (l) of this AD, unless an oxygen
container having a part number listed in paragraph (h)(1) of this AD
and having a serial number listed in paragraph (m)(1) or (m)(2) of
this AD, as applicable, of this AD has been replaced since the
airplane's first flight.
    (4) Model A319 airplanes that are equipped with a gaseous oxygen
system for passengers, installed in production with Airbus
Modification 33125, do not have the affected passenger oxygen
containers installed. Unless these airplanes have been modified in
service (no approved Airbus modification exists), the requirements
of paragraphs (k) and (l) of this AD do not apply to these
airplanes.
    (5) Airplanes that have already been inspected prior to the
effective date of this AD, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-35A1047, dated March
29, 2011, must be inspected and, depending on the findings,
corrected, within the compliance time defined in paragraphs (k)(1)
and (k)(2) of this AD, as applicable, as required by paragraph (l)
of this AD, as applicable, except as specified in paragraph (n)(6)
of this AD.
    (6) Airplanes on which the passenger oxygen container has been
replaced before the effective date of this AD, in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A320-
35A1047, dated March 29, 2011, are compliant with the requirements
of the paragraph (l) of this AD for that passenger oxygen container.
    (7) The requirements of paragraphs (k) and (l) of this AD apply
only to passenger oxygen containers that are Design A, as defined in
figure 1 to paragraph (i)(7) of this AD.

(o) New Requirement of This AD: Parts Installation Limitations

    As of the effective date of this AD, no person may install an
oxygen container having a part number specified in paragraph (h)(1)
of this AD and having a serial number specified in paragraph (m)(1)
or (m)(2) of this AD, as applicable, on any airplane, unless the
container has been modified in accordance with the Accomplishment
Instructions of any of the service information specified in
paragraph (o)(1), (o)(2), or (o)(3) of this AD, as applicable to the
oxygen container part number.
    (1) Airbus Service Bulletin A320-35A1047, dated March 29, 2011.
    (2) B/E Aerospace Service Bulletin 1XCXX-0100-35-005, Revision
2, dated July 10, 2014.
    (3) B/E Aerospace Service Bulletin 22CXX-0100-35-003, Revision
2, dated July 10, 2014.

(p) Credit for Previous Actions

    (1) This paragraph restates the requirements of paragraph (k) of
AD 2014-13-12, with no changes. This paragraph provides credit for
the actions required by paragraph (h) of this AD, if those actions
were performed before September 9, 2014 (the effective date of AD
2014-13-12) using the service information specified in paragraph
(p)(1)(i) or (p)(1)(ii) of this AD, as applicable to the oxygen
container part number.
    (i) B/E Aerospace Service Bulletin 1XCXX-0100-35-005, dated
March 14, 2011, which is not incorporated by reference in this AD.
    (ii) B/E Aerospace Service Bulletin 22CXX-0100-35-003, dated
March 17, 2011, which is not incorporated by reference in this AD.
    (2) This paragraph provides credit for the actions required by
paragraphs (l)(3) and (o) of this AD, if those actions were
performed before the effective date of this AD using the service
information specified in paragraph (p)(2)(i) or (p)(2)(ii) of this
AD, as applicable to the oxygen container part number.
    (i) B/E Aerospace Service Bulletin 1XCXX-0100-35-005, Revision
1, dated December 15, 2012, which is incorporated by reference in AD
2014-13-12.
    (ii) B/E Aerospace Service Bulletin 22CXX-0100-35-003, Revision
1, dated December 20, 2011, which is incorporated by reference in AD
2014-13-12.

(q) 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: Sanjay
Ralhan, 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>    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office. The AMOC approval letter must specifically
reference this AD.
    (ii) AMOCs approved previously for AD 2014-13-12, are approved
as AMOCs for the corresponding provisions of paragraphs (g) through
(j) of 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 European Aviation Safety Agency
(EASA); or Airbus's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.

(r) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2014-0208, dated September 16,
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-2016-4228.
    (2) For Airbus service information identified in this AD,
contact Airbus, Airworthiness Office--EIAS, 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. For B/E Aerospace service
information identified in this proposed AD, contact BE Aerospace
Systems GmbH, Revalstrasse 1, 23560 L[uuml]beck, Germany; telephone
(49) 451 4093-2976; fax (49) 451 4093-4488. 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 March 14, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-06247 Filed 3-18-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 8, 2006 (Volume 71, Number 88)]
[Rules and Regulations]
[Page 26688-26691]
[DOCID:fr08my06-10]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2006-0314; FRL-8165-2]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Amendments To Stage II Vapor Recovery at Gasoline Dispensing
Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve revisions to the
Maryland State Implementation Plan (SIP). The revisions clarify system
testing and reporting requirements for gasoline dispensing facilities
that are currently required to implement Stage II Vapor Recovery. EPA
is proposing to approve these revisions in accordance with the
requirements of the Clean Air Act (CAA).

DATES: This rule is effective on July 7, 2006 without further notice,
unless EPA receives adverse written comment by June 7, 2006. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0314, by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2006-0314, Makeba Morris, Chief, Air Quality
Programs Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2006-0314. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site

is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the

http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov
 or in hard copy during normal business hours at the

Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Maryland Department of the
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland
21230.

FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, (215) 814-
2174, or by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This section is organized as follows:

What Action Is EPA Taking?
What Are the CAA Requirements For Stage II Programs?
What Revisions Did Maryland Make to Its Stage II rule?
Why is EPA Approving Maryland's Revised Stage II rule?

I. What Action Is EPA Taking?

    EPA is proposing to approve Maryland's Amendments to Regulations
.04 and .07 under COMAR 26.11.24 Stage II Vapor Recovery at Gasoline
Dispensing Facilities, and incorporate these changes into the Maryland
SIP. The amendments were proposed by the Maryland Secretary of the
Environment on December 10, 2004, went to public hearing on January 11,
2005, were adopted on January 26, 2005, finalized on February 18, 2005
and became effective on February 28, 2005. The Maryland Department of
the Environment submitted these amendments (Revision 05-02) to
EPA as a SIP revision on March 15, 2005.

II. What Are the CAA Requirements For Stage II Programs?

    The 1990 Clean Air Act required states to develop regulations
requiring Stage II Vapor Recovery in severe and serious ozone
nonattainment areas. Stage II is the control of gasoline vapors when
dispensing gasoline into vehicle fuel tanks. This program was
implemented in Maryland in January 1993, with a requirement for system
installation at service stations owned by oil companies that had a
monthly throughput of 10,000 gallons or more, and for other dispensing
facilities with a monthly throughput of 50,000 gallons or more.
Maryland's Stage II regulations were submitted as a SIP revision to EPA
on January 18, 1993, and approved by EPA on June 9, 1993 (54 FR 29730).
Maryland submitted revisions to these regulations as a SIP revision on
May 23, 2002, which were approved by EPA on May 7, 2003 (68 FR 24363).

III. What Revisions Did Maryland Make To its Stage II Rule?

    The Amendments to Regulations .04 and .07 under COMAR 26.11.24 that
are the subject of this rulemaking will:
    (1) Clarify that the Healy Stage II system does not require a
liquid blockage test because the vacuum assist pump is located at the
storage tank;
    (2) Delete the requirement to test the automatic shutoff mechanism
each month because it is observed or inspected daily similar to all
other Stage II approved equipment;
    (3) Clarify that test failures are to be reported to the Department
within 5 days; and
    (4) Require a facility to notify the Department at least 5 days
before performing a test and that the test results be submitted to the
Department within 45 days.

IV. Why Is EPA Approving Maryland's Revised Stage II Rule?

    EPA has reviewed the revisions to Regulations .04 and .07 under
COMAR 26.11.24 and has determined that the revisions continue to meet
the requirements for states to have approved Stage II Vapor Recovery
Systems. In addition, the revisions strengthen the SIP by providing
additional clarification for testing and reporting requirements to the
Department.

V. Final Action

    EPA is approving the revisions to Maryland's Stage II regulations
submitted to EPA on March 15, 2005. EPA is publishing this rule without
prior proposal because the Agency views this as a noncontroversial
amendment and anticipates no adverse comment. However, in the
``Proposed Rules'' section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on July 7, 2006 without further notice unless EPA receives
adverse comment by June 7, 2006. If EPA receives adverse comment, EPA
will publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. EPA will address all public
comments in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects 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,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established

in the Clean Air Act. This rule also is not subject to Executive Order
13045 ``Protection of Children from Environmental Health Risks and
Safety Risks'' (62 FR 19885, April 23, 1997), because it is not
economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule''; as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this approval of Maryland's Amendments to Stage II
Vapor Recovery Regulations must be filed in the United States Court of
Appeals for the appropriate circuit by July 7, 2006. Filing a petition
for reconsideration by the Administrator of this final rule does not
affect the finality of this rule for the purposes of judicial review
nor does it extend the time within which a petition for judicial review
may be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: April 24, 2006.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by revising
the entries for COMAR 26.11.24 to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
        Code of Maryland                                     State         EPA        Additional  explanation/
   administrative regulations         Title/subject        effective     approval     citation  at 40 CFR Sec.
        (COMAR) citation                                      date         date                52.1100
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                       26.11.24 Stage II Vapor Recovery at Gasoline Dispensing Facilities
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
<IP_ADDRESS>....................  Testing Requirements...      2/28/05       5/8/06
                                                                           [Insert
                                                                       page number
                                                                         where the
                                                                          document
                                                                           begins]

                                                  * * * * * * *
<IP_ADDRESS>....................  Recordkeeping and            2/28/05       5/8/06
                                  Reporting Requirements.                  [Insert
                                                                       page number
                                                                         where the
                                                                          document
                                                                           begins]

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 06-4199 Filed 5-5-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Rules and Regulations]
[Pages 13975-13982]
[FR Doc No: 2021-05146]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-4497; Project Identifier 2016-SW-011-AD; Amendment
39-21450; AD 2021-05-07]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters Deutschland GmbH
(Type Certificate Previously Held by Eurocopter Deutschland GmbH)
Helicopters

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model BO-105A,
BO-105C, BO-105S, MBB-BK 117 A-1, MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-
BK 117 B-1, MBB-BK 117 B-2, and MBB-BK 117 C-1 helicopters. This AD was
prompted by a report of a loss of electrical ground between the
starter-generator and the generator voltage regulator (regulator). This
AD requires inspecting the starter-generator electrical ground
connection, retrofitting the starter-generator wire harness, and
depending on model, revising the existing Rotorcraft Flight Manual
(RFM) for your helicopter. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective April 16, 2021.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 16,
2021.

ADDRESSES: For Eurocopter service information identified in this final
rule, contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
https://www.airbus.com/helicopters/services/technical-support.html. You
may view this service information at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort
Worth, TX 76177. 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 https://www.regulations.gov by searching for and locating Docket No. FAA-2015-
4497; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
street address for Docket Operations is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Ronnea L. Derby, Aerospace Engineer,
Denver ACO Branch, FAA, 26805 East 68th Ave., Room 214, Denver, CO
80249; telephone<PHONE_NUMBER>; email [email protected]

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (now European Union Aviation
Safety Agency) (EASA), which is the Technical Agent for the Member
States of the European Union, has issued EASA AD 2015-0098, dated June
2, 2015 (EASA AD 2015-0098), and EASA AD 2015-0220, dated November 9,
2015 (EASA AD 2015-0220) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus Helicopters Model MBB-BK117 A-1, MBB-BK117 A-3, MBB-
BK117 A-4, MBB-BK117 B-1, MBB-BK117 B-2, and MBB-BK117 C-1 helicopters;
and Airbus Helicopters Model BO105 A, BO105 C, BO105 D and BO105 S
helicopters with certain part-numbered voltage regulators.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus
Helicopters Model BO-105A, BO-105C, and BO-105S helicopters; and all
Airbus Helicopters Model MBB-BK 117 A-1, MBB-BK 117 A-3, MBB-BK 117 A-
4, MBB-BK 117 B-1, MBB-BK 117 B-2, and MBB-BK 117 C-1 helicopters. The
NPRM published in the Federal Register on July 16, 2020 (85 FR 43153).
The NPRM was prompted by a report of a loss of electrical ground
between the starter-generator and the regulator. The NPRM proposed to
require inspecting the starter-generator electrical ground connection,
retrofitting the starter-generator wire harness, and depending on
model, revising the existing RFM for your helicopter.
    The FAA is issuing this AD to address the loss of electrical ground
between the starter-generator and the regulator. This condition could
result in an overvoltage of electrical power, damage to electronic
equipment, and subsequent loss of control of the helicopter.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The FAA has determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Eurocopter (now Airbus Helicopters) issued Alert Service Bulletin
ASB-MBB-BK117-90-118, Revision 2, dated May 4, 2009, for certain Model
MBB-BK117 helicopters and Alert Service Bulletin ASB BO105-90-103,
Revision 4, dated June 21, 2010, for certain Model BO105 helicopters.
This service information specifies a visual inspection for damage,
corrosion, and cracks and measuring the resistance of the left-hand and
right-hand electrical ground connections between each starter-generator
and the regulator. If there is damage or suspected damage, or if the
resistance is out of tolerance, this service information specifies
replacing the wire terminal. This service information also specifies
performing the visual inspection and resistance measurement each time
the starter generator is removed or the wiring is disconnected until a
retrofit ground connection is installed. These documents are distinct
since they apply to different models.
    Eurocopter also issued Eurocopter Flight Manual BK117 A-3 Temporary
Revision 9, Eurocopter Flight Manual BK117 A-4 Temporary Revision 5,
Eurocopter Flight Manual BK117 B-1 Temporary Revision 6, Eurocopter
Flight Manual BK 117 B-2 Temporary Revision 1, and Eurocopter Flight
Manual BK 117 C-1 Temporary Revision 2, all dated September 22, 2006,
to provide updated procedures in the event of a generator failure.
These

documents are distinct since they apply to different models.
    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.

Other Related Service Information

    Eurocopter (now Airbus Helicopters) issued Service Bulletin SB
BO105-90-104, Revision 1, dated June 21, 2010, for certain Model BO105
helicopters. This service information specifies procedures for
installing a retrofit ground connection of the starter-generator.
    Eurocopter issued Alert Service Bulletin ASB-BO 105-80-118,
Revision 1, dated November 29, 1995, and Service Bulletin SB-BO105-80-
119, dated November 7, 1994, both for certain Model BO105 helicopters.
This service information specifies retrofitting certain helicopters
with voltage regulators that incorporate overvoltage protection by
modifying the main relay box, modifying the overhead panel, and
performing a functional test.
    Eurocopter issued Information Notice 2370-I-24, Revision 0, dated
November 15, 2011, for certain Model BO105 helicopters to provide
notice that a modified starter-generator may only be installed on
helicopters that have also been modified. This service information
states that combining modified with non-modified can cause overvoltage
in the electrical system during the first ground run following engine
replacement and subsequent damage to electronic equipment. This service
information also recommends retrofitting all helicopters approved to
only fly under visual flight rules.

Differences Between This AD and the EASA ADs

    The EASA ADs require visually inspecting the wire terminals for
damage, corrosion, and cracks. This AD requires visually inspecting for
a crack, a kink, fraying, looseness, missing material, and corrosion.
    The EASA ADs require repeating the visual inspection and resistance
measurement each time a starter-generator is removed or the wiring is
disconnected from a starter-generator. This AD does not because such a
compliance time would be difficult to enforce.
    EASA AD 2015-0220 requires additional actions for Model BO-105
helicopters with a serial number up to 0160 than for helicopters with a
serial number 0161 and larger. This AD requires the same actions for
all Model BO-105 helicopters regardless of serial number.
    EASA AD 2015-0220 allows credit for complying with Eurocopter Alert
Service Bulletin ASB BO105-90-103, Revision 2 or Revision 3, whereas
this AD does not.

Costs of Compliance

    The FAA estimates that this AD affects 40 Model BO-105 helicopters
and 44 Model MBB-BK 117 helicopters of U.S. Registry. The FAA estimates
that operators may incur the following costs in order to comply with
this AD using an estimated labor cost of $85 per work-hour.
    Performing a visual inspection and resistance measurement of the
electrical ground connection takes about 2 work-hours for an estimated
cost of $170 per helicopter and $14,280 for the U.S. fleet per
inspection and measurement.
    Performing the retrofit of the wiring harness takes about 10 work-
hours. Required parts for a Model BO-105 helicopter cost $2,509 for an
estimated replacement cost of $3,359 per helicopter and $134,360 for
the U.S. fleet. Required parts for a Model MBB-BK 117 helicopter cost
$1,730 for an estimated replacement cost of $2,580 per helicopter and
$113,520 for the U.S. fleet. Revising the existing RFM for Model MBB-BK
117 helicopters takes about 0.5 work-hour, for an estimated cost of $43
per helicopter and $1,892 for the U.S. fleet.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2021-05-07 Airbus Helicopters Deutschland GmbH (Type Certificate
Previously Held by Eurocopter Deutschland GmbH): Amendment 39-21450;
Docket No. FAA-2015-4497; Project Identifier 2016-SW-011-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective April 16, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Airbus Helicopters Deutschland
GmbH (Type Certificate previously held by Eurocopter Deutschland
GmbH) helicopters, certificated in any category:
    (1) Model BO-105A, BO-105C, and BO-105S helicopters with a
voltage regulator part number (P/N) 51565-000, 51565-000R, or 51509-
002R installed; and
    (2) Model MBB-BK 117 A-1, MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-BK
117 B-1, MBB-BK 117 B-2, and MBB-BK 117 C-1 helicopters.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2497, Electrical
Power System Wiring.

(e) Unsafe Condition

    This AD was prompted by a report of a loss of electrical ground
between the starter-

generator and the generator voltage regulator (regulator). The FAA
is issuing this AD to address loss of electrical ground between the
starter-generator and the regulator. This condition could result in
an overvoltage of electrical power, damage to electronic equipment,
and subsequent loss of control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) Within 50 hours time-in-service (TIS):
    (i) Visually inspect the wire terminal of wire P55F16N/P56F16N
for Model BO-105A, BO-105C, and BO-105S helicopters and wire
1PA53B20/2PA53B20 for Model MBB-BK 117 A-1, MBB-BK 117 A-3, MBB-BK
117 A-4, MBB-BK 117 B-1, MBB-BK 117 B-2, and MBB-BK 117 C-1
helicopters on Terminal E of each starter-generator for a crack, a
kink, fraying, looseness, missing material, and corrosion. If there
is a crack, a kink, fraying, looseness, missing material, or any
corrosion, before further flight, replace the wire terminal.
    (ii) Measure the resistance between each starter-generator and
its regulator in accordance with the Accomplishment Instructions,
paragraph 2.A.2.3. of Eurocopter Alert Service Bulletin ASB BO105-
90-103, Revision 4, dated June 21, 2010, or paragraphs 2.A.2.3. and
2.A.2.5. of Eurocopter Alert Service Bulletin ASB-MBB-BK117-90-118,
Revision 2, dated May 4, 2009, as applicable to your model
helicopter. If the resistance is more than 500 milliohms, before
further flight, replace the wire terminal.
    (2) Within 150 hours TIS:
    (i) Install a wire harness from each generator voltage regulator
as follows.
    (A) For Model BO-105A, BO-105C, and BO-105S helicopters: Wire
harness P/N 105-90081.
    (B) For Model MBB-BK 117 A-1, MBB-BK 117 A-3, MBB-BK 117 A-4,
MBB-BK 117 B-1, and MBB-BK 117 B-2 helicopters: Wire harness P/N
117-901941.
    (C) For Model MBB-BK 117 C-1 helicopters: Wire harness P/N 117-
901961.
    (ii) For Model MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-BK 117 B-1,
MBB-BK 117 B-2, and MBB-BK 117 C-1 helicopters, revise the existing
Rotorcraft Flight Manual (RFM) for your helicopter to include the
information in Section 3 Emergency and Malfunction Procedures of the
following temporary revisions, as applicable to your helicopter:
Eurocopter Flight Manual BK117 A-3 Temporary Revision 9, Eurocopter
Flight Manual BK117 A-4 Temporary Revision 5, Eurocopter Flight
Manual BK117 B-1 Temporary Revision 6, Eurocopter Flight Manual BK
117 B-2 Temporary Revision 1, or Eurocopter Flight Manual BK 117 C-1
Temporary Revision 2, all dated September 22, 2006. Using a later
RFM revision with information identical to that contained in the
temporary revision specified for your helicopter is acceptable for
compliance with the requirement of this paragraph.
    (iii) For Model MBB-BK 117 A-1 helicopters, revise Section 3
Emergency and Malfunction Procedures of the existing RFM for your
helicopter to include the information in Figures 1 through 3 to
paragraph (g)(2)(iii) of this AD.
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(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Strategic Policy Rotorcraft Section, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the certification office, send it to the
attention of the person identified in paragraph (i)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>or
[email protected]
    (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.

(i) Related Information

    (1) For more information about this AD, contact Ronnea L. Derby,
Aerospace Engineer, Denver ACO Branch, FAA, 26805 East 68th Ave.,
Room 214, Denver, CO 80249; telephone<PHONE_NUMBER>; email
[email protected]
    (2) The subject of this AD is addressed in European Aviation
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD
2015-0098, dated June 2, 2015, and EASA AD 2015-0220, dated November
9, 2015. You may view the EASA ADs on the internet at https://www.regulations.gov in Docket No. FAA-2015-4497.
    (3) The following documents, which are not incorporated by
reference, contain additional information about the subject of this
AD: Eurocopter Alert Service Bulletin ASB-BO 105-80-118, Revision 1,
dated November 29, 1995; Eurocopter Information Notice 2370-I-24,
Revision 0, dated November 15, 2011; Eurocopter Service Bulletin SB-
BO105-80-119, dated November 7, 1994; and Eurocopter Service
Bulletin SB BO105-90-104, Revision 1, dated June 21, 2010.
    (4) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (j)(3) and (4) of this AD.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Eurocopter Alert Service Bulletin ASB-MBB-BK117-90-118,
Revision 2, dated May 4, 2009.
    (ii) Eurocopter Alert Service Bulletin ASB BO105-90-103,
Revision 4, dated June 21, 2010.
    (iii) Eurocopter Flight Manual BK117 A-3 Temporary Revision 9,
dated September 22, 2006.
    (iv) Eurocopter Flight Manual BK117 A-4 Temporary Revision 5,
dated September 22, 2006.
    (v) Eurocopter Flight Manual BK117 B-1 Temporary Revision 6,
dated September 22, 2006.
    (vi) Eurocopter Flight Manual BK 117 B-2 Temporary Revision 1,
dated September 22, 2006.
    (vii) Eurocopter Flight Manual BK 117 C-1 Temporary Revision 2,
dated September 22, 2006.
    (3) For Eurocopter service information identified in this AD,
contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or
at https://www.airbus.com/helicopters/services/technical-support.html.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (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, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 19, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-05146 Filed 3-11-21; 8:45 am]
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