[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Notices]
[Pages 52784-52785]
[FR Doc No: 2014-20998]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72942; File No. SR-NYSEArca-2014-75]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Change Amending NYSE Arca Equities Rules 7.6,
7.11, 7.16, 7.31, 7.34, 7.35, 7.37 and 7.65 to Eliminate Certain Order
Types, Modifiers and Related References

August 28, 2014.

I. Introduction

    On June 27, 2014, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
to eliminate certain order types, modifiers and related references from
the Exchange's rules. The proposed rule change was published for
comment in the Federal Register on July 16, 2014.\3\ The Commission
received no comment letters regarding the proposed rule change. This
order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 72591 (July 10,
2014), 79 FR 41613 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange has proposed to amend NYSE Arca Equities Rules
(``Rule(s)'') 7.6, 7.11, 7.16, 7.31, 7.34, 7.35, 7.37 and 7.65 to
eliminate certain order types, modifiers and related references. The
Exchange states that it is proposing these rule changes in order to
streamline its rules and reduce complexity among its order type
offerings.\4\
---------------------------------------------------------------------------

    \4\ See Notice, 79 FR at 41614.
---------------------------------------------------------------------------

    Working Orders. The Exchange has proposed to eliminate five types
of working orders \5\--Passive Discretionary Orders, Discretion Limit
Orders, Sweep Reserve Orders, Random Reserve Orders, and PL Select
Orders--and to delete the definitions of these order types currently
set forth in Rule 7.31(h), as well as references to these order types
currently in Rules 7.11 and 7.37.\6\ In addition, in connection with
the proposed elimination of Passive Discretionary Orders and Sweep
Reserve Orders, the Exchange has proposed not to accept certain
combined orders that currently involve these order types, namely, the
Passive Discretionary Reserve Order (a Passive Discretionary Order used
in combination with a Reserve Order), Sweep Reserve with Discretion
Order (a Sweep Reserve Order entered with a discretionary price), and
Inside Limit Sweep Reserve Order (a Sweep Reserve Order entered with an
inside limit price).\7\
---------------------------------------------------------------------------

    \5\ According to the Exchange, workings orders are orders with a
conditional or undisplayed price and/or size. Id.; see also Rule
7.31(h).
    \6\ A more detailed description of these order types and the
provisions of Rules 7.11, 7.31(h) and 7.37 that would be deleted is
set forth in the Notice. See Notice, 79 FR at 41614; see also
proposed Rules 7.11, 7.31(h) and 7.37.
    \7\ See Notice, 79 FR at 41614 n. 8 and 9.
---------------------------------------------------------------------------

    Cross Orders. The Exchange has proposed to accept only one type of
cross order--Cross Orders designated IOC--and to revise its rules
accordingly. Currently, the Exchange defines a Cross Order in Rule
7.31(s), separately defines an IOC Cross Order in Rule 7.31(aa), and
separately defines additional types of cross orders in other provisions
of Rule 7.31. To effect the proposed change, the Exchange has proposed
to consolidate Rule 7.31(aa) into Rule 7.31(s), thereby creating one
provision that describes Cross Orders designated IOC, and to eliminate
the additional types of cross orders currently available on the
Exchange.\8\ Rule 7.31(aa) would be Consolidated into Rule 7.31(s) by:
(i) Adding the clause ``designated IOC'' to the definition of Cross
Order in Rule 7.31(s), (ii) moving to Rule 7.31(s) from Rule 7.31(aa)
text stating that Cross Orders that would lock or cross the PBBO or BBO
will be cancelled,\9\ and (iii) deleting Rule 7.31(aa).\10\ The
Exchange also has proposed to delete certain rule provisions that would
be rendered moot or inapplicable by this proposed change.\11\
---------------------------------------------------------------------------

    \8\ The additional types of cross orders currently available on
the Exchange, and which would be eliminated under the proposal, are
the Midpoint Cross Order (currently defined in Rule 7.31(y)), Post
No Preference (``PNP'') Cross Order (currently defined in Rule
7.31(bb)), Cross-and-Post Order (currently defined in Rule
7.31(ff)), and Portfolio Crossing Service (``PCS'') Order (currently
defined in Rule 7.31(ii)). The definitions of these cross order
types currently set forth in Rule 7.31 would be deleted, as would
references to certain of these cross order types currently set forth
in Rules 7.34(g), 7.37(d) and 7.65. Id. at 41615.
    \9\ The terms ``PBBO'' and ``BBO'' are defined in Rules 1.1(h)
and (dd), respectively.
    \10\ See Notice, 79 FR at 41614-15; see also proposed Rule
7.31(s).
    \11\ See Notice, 79 FR at 41615. Subparagraphs (1)-(6) of
current Rule 7.31(s) describe Cross Order functionality that is
applicable only when Cross Orders are not designated IOC, and thus,
according to the Exchange, the proposal would render those
subparagraphs moot. Similarly, the Exchange proposes to delete Rule
7.16(f)(v)(G) as that rule, which provides that short sale cross
orders priced at or below the current national best bid will be
rejected during a Short Sale Period (defined in Rule 7.16(f)(iv)),
would be inapplicable because Cross Orders designated IOC cannot
execute at or below the current national best bid. Further, by
virtue of the proposed restriction of Cross Orders to those with an
IOC designation, the Exchange has proposed to eliminate the Day
Cross Order, and thus a Cross Order with a Day modifier would be
rejected as a result of the proposal. Id.
---------------------------------------------------------------------------

    Additional Order Types and Rule Reference Deletions. In addition to
the foregoing proposed changes with respect to working orders and cross
orders, the Exchange has proposed to eliminate or limit the operation
of five other order types. First, the Exchange has proposed to
eliminate the Market to Limit (``MTL'') Order, and thus to delete Rule
7.31(rr), which currently sets forth the definition of this order type.
Second, the Exchange has proposed to amend the definition of an
Auction-Only Order in Rule 7.31(t) to provide that the Exchange will
only accept the Auction-Only Orders specified therein, namely, Limit-
on-Open Orders (``LOO Order''), Market-on-Open Orders (``MOO Order''),
Limit-on-Close Orders (``LOC''), and Market-on-Close Orders
(``MOC'').\12\ Third, the Exchange proposes not to accept NOW Orders
with a Reserve Modifier, and thus to amend the definition of a NOW
Order in Rule 7.31(v) to provide that NOW Orders entered with a Reserve
modifier will be rejected. Fourth, the Exchange proposes not to accept
market orders with a NOW or IOC modifier, and thus to delete the
reference to market orders in the definition of the IOC modifier in
Rule 7.31(c)(3),\13\ and to amend the definition of a NOW Order in Rule
7.31(v) to provide that NOW Orders entered with a Market modifier will
be rejected. Lastly, the Exchange proposes to eliminate the use of a
Fill or Kill (``FOK'') modifier with a Mid-Point Liquidity (``MPL'')
Order, and thus to amend the definition of an MPL Order in Rule
7.31(h)(5) to provide that an

MPL Order entered with a FOK modifier will be rejected.
---------------------------------------------------------------------------

    \12\ See Notice, 79 FR at 41615. The Exchange also proposes to
replace the references in Rule 7.35 to Auction-Only Limit with LOO
and to Auction-Only Market with MOO, and to delete the references to
Auction Only Limit Orders in Rule 7.35(f)(3)(E). Id.; see also
proposed Rule 7.35.
    \13\ As a result, the use of the IOC modifier would be limited
to limit orders, and a market order entered with an IOC modifier
would be rejected. See proposed Rule 7.31(c)(3); see also Notice, 79
FR at 41615.
---------------------------------------------------------------------------

    Furthermore, the Exchange has proposed to delete commentary .04 to
Rule 7.6, as the commentary provides an exception to Rule 7.6 (which
governs trading differentials) for Midpoint Cross Orders, which would
be eliminated as a result of the instant proposal, and for Midpoint
Directed Fills, which were eliminated in a prior rule filing.\14\ The
Exchange also proposes to delete references to Cleanup Orders from
Rules 7.34 and 7.35, as Cleanup Orders were eliminated in the same
prior rule filing that eliminated Midpoint Directed Fills.\15\
---------------------------------------------------------------------------

    \14\ See Notice, 79 FR at 41615-16; see also Securities Exchange
Act Release No. 71331 (January 16, 2014), 79 FR 3907 (January 23,
2014) (SR-NYSEArca-2013-92).
    \15\ Id.
---------------------------------------------------------------------------

    The Exchange has proposed, due to the technology changes associated
with this proposal, to announce via Trader Update the implementation
date of the elimination of the order types under this proposal.\16\
---------------------------------------------------------------------------

    \16\ See Notice, 79 FR at 41616.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\17\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\18\ which
requires, among other things, that the rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, 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; and are not designed to permit unfair discrimination
between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \17\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission notes that the instant proposal does not add any new
functionality but instead reduces the number of order types and order
type/modifier combinations that will be accepted by the Exchange, which
should simplify to a degree the order type functionality available on
the Exchange. The Commission believes that the proposed rule change
should promote just and equitable principles of trade, remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, protect investors and the
public interest.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\19\ that the proposed rule change (SR-NYSEArca-2014-75) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-20998 Filed 9-3-14; 8:45 am]
BILLING CODE 8011-01-P


"King, Heidi R."<EMAIL_ADDRESS> 04/21/2008 04:00 PM

To

Tricia Crabtree/RTP/USEPA/US@EPA

cc

Deirdre Murphy/RTP/USEPA/US@EPA, Karen Martin/RTP/USEPA/US@EPA, Lydia Wegman/RTP/USEPA/US@EPA

Subject

RE: Documents you requested on lead NAAQS

Thank you so much!  I appreciate the quick response -- we're all moving

rocket speed to meet the consent decree deadline --

heidi

-----Original Message-----

From<EMAIL_ADDRESS> <EMAIL_ADDRESS> Sent: Monday, April 21, 2008 3:07 PM

To: King, Heidi R.

Cc<EMAIL_ADDRESS><EMAIL_ADDRESS> <EMAIL_ADDRESS> Subject: RE: Documents you requested on lead NAAQS

Heidi,

You are correct!  The missing file is attached below!

Sorry!

(See attached file: EPA-HQ-OAR-2006-0735-5125[1].1.doc)

Tricia Crabtree

Environmental Protection Specialist

EPA/OAQPS/HEID/OD (C504-02)

Research Triangle Park, NC 27711

Phone:<PHONE_NUMBER>     Fax:<PHONE_NUMBER>

E-Mail<EMAIL_ADDRESS>

             "King, Heidi R."

             <Heidi_R._King@o

             mb.eop.gov>                                             To

                                      Lydia Wegman/RTP/USEPA/US@EPA

             04/21/2008 10:24                                        cc

             AM                       Tricia Crabtree/RTP/USEPA/US@EPA,

                                      Karen Martin/RTP/USEPA/US@EPA,

                                      Deirdre Murphy/RTP/USEPA/US@EPA

                                                                Subject

                                      RE: Documents you requested on

                                      lead NAAQS

Thanks again for these, but should there be an attachment to the Chiodo

paper (0735-5125) with critical information?

Best,

Heidi

-----Original Message-----

From<EMAIL_ADDRESS><EMAIL_ADDRESS> Sent: Friday, April 18, 2008 2:49 PM

To: King, Heidi R.

Cc<EMAIL_ADDRESS><EMAIL_ADDRESS> <EMAIL_ADDRESS> Subject: Documents you requested on lead NAAQS

Heidi,

Here are the documents you requested on the lead NAAQS.  Please let me

know if you have any questions.

Lydia

Axelrad 2008, (See attached file:

AxelradJan04-2008-NHANES2003-04-age1-5.doc)(See attached file: lead

NHANES data 2003-2004.xls)

Auinger 2008,(See attached file: EPA-HQ-OAR-2006-0735-5118.pdf)

Chiodo 2008,(See attached file: EPA-HQ-OAR-2006-0735-5125.pdf)

Hornung 2008,(See attached file: EPA-HQ-OAR-2006-0735-5126.pdf)

Kordas 2008,(See attached file: EPA-HQ-OAR-2006-0735-5124.pdf)

Tellez-Rojo 2008 (See attached file: EPA-HQ-OAR-2006-0735-5123.pdf)

Schwartz 2003

We do not cite a 2003 Schwartz article in the RIA docket.  The Schwartz

articles cited are from 1993 and 1994.  I have attached both of those.

(See attached file: Schwartz 1993.pdf)(See attached file:

Schwartz1994.pdf)

             "King, Heidi R."

             <Heidi_R._King@o

             mb.eop.gov>                                             To

                                      Lydia Wegman/RTP/USEPA/US@EPA

             04/16/2008 06:56                                        cc

             PM                       Karen Martin/RTP/USEPA/US@EPA,

                                      Deirdre Murphy/RTP/USEPA/US@EPA,

                                      Tricia Crabtree/RTP/USEPA/US@EPA

                                                                Subject

                                      RE: Pb- Two items for OMB

Lydia,

Thank you so much!  I do appreciate the quick response; I'll share this

with the reviewers who have asked for it.

Along the same line of interest, to support interagency reviewers of the

rule in their effort to respect EPA's request that we rely on the

printed materials rather than ask EPA staff to prepare and present

briefings, reviewers have requested the following studies cited in the

rulemaking.  I believe these are all studies referenced in the rule

preamble or risk assessment.  Could I trouble EPA to share these with me

so that I might distribute them to the interested scientist readers:

From Preamble:

Axelrad 2008,

Auinger 2008,

Chiodo 2008,

Hornung 2008,

Kordas 2008,

Tellez-Rojo 2008

From RIA:

Schwartz 2003

Thank you, Lydia, Karen and Deirdre -- if you could give me a sense of

when these might be available, that would be helpful.  I would like to

give reviewers a sense of whether they will have time to read the

studies or whether they should provide written comment/question instead.

Have a good evening,

heidi

-----Original Message-----

From<EMAIL_ADDRESS><EMAIL_ADDRESS> Sent: Wednesday, April 16, 2008 6:27 PM

To: King, Heidi R.

Cc<EMAIL_ADDRESS><EMAIL_ADDRESS> <EMAIL_ADDRESS> Subject: Fw: Pb- Two items for OMB

Here are the items we discussed today Heidi.

----- Forwarded by Lydia Wegman/RTP/USEPA/US on 04/16/2008 06:25 PM

-----

             Deirdre

             Murphy/RTP/USEPA

             /US                                                     To

                                      Lydia Wegman/RTP/USEPA/US@EPA

             04/16/2008 05:59                                        cc

             PM                       Karen Martin/RTP/USEPA/US@EPA

                                                                Subject

                                      Pb- Two items for OMB

Lydia,

Here are the two documents for OMB:

1. The email with subgroup means from Lanphear et al 2000:

(See attached file: AuingerFeb11-2008-LanphearEtal2000.doc)

2.  The technical memo on air-related IQ loss (See attached file: Lead

NAAQ-REview Docket - Murphy-Pekar 2008.pdf)

Deirdre


[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Proposed Rules]
[Pages 5146-5148]
[FR Doc No: 2013-01457]

========================================================================
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. 78, No. 16 / Thursday, January 24, 2013 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2012-1301; Notice No. 25-12-18-SC]

Special Conditions: Embraer S.A., Model EMB-550 Airplane, Dive
Speed Definition With Speed Protection System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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

SUMMARY: This action proposes special conditions for the Embraer S.A.
Model EMB-550 airplane. This airplane will have a novel or unusual
design feature when compared to the state of technology envisioned in
the airworthiness standards for transport category airplanes. These
design features include a high-speed protection system. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. These proposed special conditions
contain the additional safety standards that the Administrator
considers necessary to establish a level of safety equivalent to that
established by the existing airworthiness standards.

DATES: Send your comments on or before March 11, 2013.

ADDRESSES: Send comments identified by docket number FAA-2012-1301
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 8 a.m. and 5 p.m.,
Monday through Friday, except federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's com plete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477 19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Todd Martin, FAA, Airframe and Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive on or before the closing
date for comments. We may change these special conditions based on the
comments we receive.

Background

    On May 14, 2009, Embraer S.A. applied for a type certificate for
their new Model EMB-550 airplane. The Model EMB-550 airplane is the
first of a new family of jet airplanes designed for corporate flight,
fractional, charter, and private owner operations. The aircraft has a
conventional configuration with low wing and T-tail empennage. The
primary structure is metal with composite empennage and control
surfaces. The Model EMB-550 airplane is designed for 8 passengers, with
a maximum of 12 passengers. It is equipped with two Honeywell HTF7500-E
medium bypass ratio turbofan engines mounted on aft fuselage pylons.
Each engine produces approximately 6,540 pounds of thrust for normal
takeoff. The primary flight controls consist of hydraulically powered
fly-by-wire elevators, ailerons and rudder, controlled by the pilot or
copilot sidestick.
    The Model EMB-550 airplane incorporates a high-speed protection
system in the airplane's flight control laws. The airplane's high-speed
protection system limits nose-down pilot authority by adding automatic
control inputs at threshold speeds above VMO/MMO,
which influence the results of the traditional recovery maneuvers
required in Title 14, Code of Federal Regulations (14 CFR)
25.335(b)(1). This speed protection system was not envisioned when
Sec.  25.335 was promulgated.

Type Certification Basis

    Under the provisions of 14 CFR part 21.17, Embraer S.A. must show
that the Model EMB-550 airplane meets the applicable provisions of part
25, as amended by Amendments 25-1 through 25-127 thereto.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model EMB-550 airplane because of
a novel or unusual design feature, special conditions are prescribed
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same or similar
novel or unusual design feature, the special conditions would also
apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special

conditions, the Model EMB-550 airplane must comply with the fuel vent
and exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR 36 and the FAA must issue a
finding of regulatory adequacy under Sec.  611 of Public Law 92-574,
the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Model EMB-550 airplane will incorporate the following novel or
unusual design features: a high-speed protection system that limits
nose-down pilot authority at speeds above VMO/
MMO. This system prevents the airplane from performing the
maneuver required under Sec.  25.335(b)(1).

Discussion

    Section 25.335(b)(1) is a dive speed condition that was originally
adopted in part 4b of the Civil Air Regulations in order to provide an
acceptable speed margin between design cruise speed and design dive
speed. Flutter clearance design speeds and airframe design loads are
impacted by the design dive speed. While the initial condition for the
upset specified in the rule is 1g level flight, protection is afforded
for other inadvertent overspeed conditions as well. Section
25.335(b)(1) is intended as a conservative enveloping condition for
potential overspeed conditions, including non-symmetric conditions. To
ensure that potential overspeed conditions are covered, the applicant
should demonstrate that the dive speed will not be exceeded in
inadvertent, or gust-induced, upsets resulting in initiation of the
dive from non-symmetric attitudes; or that the airplane is protected by
the flight control laws from getting into non-symmetric upset
conditions. The applicant should conduct a demonstration that includes
a comprehensive set of conditions, as described in the special
conditions.
    These special conditions are proposed in lieu of Sec.
25.335(b)(1). Section 25.335(b)(2), which also addresses the design
dive speed, is applied separately. Advisory Circular (AC) 25.335-1A,
Design Dive Speed, dated September 29, 2000, provides an acceptable
means of compliance to Sec.  25.335(b)(2)).
    Special conditions are necessary to address the high-speed
protection system on the Model EMB-550. The proposed special conditions
identify various symmetric and non-symmetric maneuvers that will ensure
that an appropriate design dive speed, VD/MD, is
established.
    These proposed special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.
    This special condition is proposed in lieu of 14 CFR 25.335(b)(1).
Section 25.335(b)(2), also addresses the design dive speed, but it is
applied separately. Advisory Circular (AC) 25.335-1A, Design Dive
Speed, dated September 29, 2000, provides an acceptable means of
compliance to Sec.  25.335(b)(2).

Applicability

    As discussed above, these special conditions are applicable to the
Model EMB-550 airplane. Should Embraer S.A. apply at a later date for a
change to the type certificate to include another model incorporating
the same novel or unusual design feature, the special conditions would
apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplanes. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for Embraer S.A. Model EMB-550 airplanes.
    1. Dive Speed Definition with Speed Protection System.
    (1) In lieu of the requirements of 14 CFR 25.335(b)(1), if the
flight control system includes functions that act automatically to
initiate recovery before the end of the 20-second period specified in
Sec.  25.335(b)(1), VD/MD must be determined from
the greater of the speeds resulting from the conditions (a) and (b)
below. The speed increase occurring in these maneuvers may be
calculated if reliable or conservative aerodynamic data are used.
    (a) From an initial condition of stabilized flight at
VC/MC, the airplane is upset and takes a new
flight path 7.5 degrees below the initial path. Control application, up
to full authority, is made to try and maintain this new flight path.
Twenty seconds after initiating the upset, manual recovery is made at a
load factor of 1.5g (0.5 acceleration increment), or such greater load
factor that is automatically applied by the system with the pilot's
pitch control neutral. Power, as specified in Sec.  25.175(b)(1)(iv),
is assumed until recovery is initiated, at which time power reduction
and pilot-controlled drag devices may be used.
    (b) From a speed below VC/MC, with power to
maintain stabilized level flight at this speed, the airplane is upset
so as to accelerate through VC/MC at a flight
path 15 degrees below the initial path (or at the steepest nose down
attitude that the system will permit with full control authority if
less than 15 degrees). The pilot's controls may be in the neutral
position after reaching VC/MC and before recovery
is initiated. Recovery may be initiated three seconds after operation
of the high-speed warning system by application of a load of 1.5g (0.5
acceleration increment), or such greater load factor that is
automatically applied by the system with the pilot's pitch control
neutral. Power may be reduced simultaneously. All other means of
decelerating the airplane, the use of which is authorized up to the
highest speed reached in the maneuver, may be used. The interval
between successive pilot actions must not be less than one second.
    (2) The applicant must also demonstrate that the speed margin,
established as above, will not be exceeded in inadvertent, or gust-
induced, upsets resulting in initiation of the dive from non-symmetric
attitudes, unless the airplane is protected by the flight control laws
from getting into non-symmetric upset conditions. The upset maneuvers
described in paragraphs 32.c(3)(a) and 32.c(3)(c) of AC 25-7B, Flight
Test Guide for Certification of Transport Category Airplanes, Change 1,
dated December 7, 2011, may be used to comply with this requirement.
    (3) Any failure of the high-speed protection system that would
result in an airspeed exceeding those determined by paragraphs (1) and
(2) must be less than 10-5 per flight hour.
    (4) Failures of the system must be annunciated to the pilots.
Flight manual instructions must be provided that reduce the maximum
operating speeds VMO/MMO. The operating speed
must be reduced to a value that maintains a speed margin between
VMO/MMO and VD/MD that is
consistent with showing compliance with Sec.  25.335(b) without the
benefit of the high-speed protection system.
    (5) Dispatch of the airplane with the high-speed protection system

inoperative could be allowed under an approved minimum equipment list
(MEL) that would require flight manual instructions to indicate reduced
maximum operating speeds, as described in paragraph (4). In addition,
the flightdeck display of the reduced operating speeds, as well as the
overspeed warning for exceeding those speeds, must be equivalent to
that of the normal airplane with the high-speed protection system
operative. Also, it must be shown that no additional hazards are
introduced with the high-speed protection system inoperative.

    Issued in Renton, Washington, on December 10, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-01457 Filed 1-23-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Notices]
[Pages 24257-24258]
[FR Doc No: 2015-10063]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-D-0602]

Guidance for Industry on Quality Considerations in Demonstrating
Biosimilarity of a Therapeutic Protein Product to a Reference Product;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance for industry entitled ``Quality
Considerations in Demonstrating Biosimilarity of a Therapeutic Protein
Product to a Reference Product.'' This guidance is intended to provide
sponsors with an overview of analytical factors that are relevant to
assessing whether a proposed product and the reference product are
highly similar for the purpose of submitting a marketing application
through an abbreviated licensure pathway. This guidance finalizes the
draft guidance issued in February 2012.

DATES: Submit either electronic or written comments on Agency guidances
at any time.

ADDRESSES: Submit written requests for single copies of this guidance
to the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 2201, Silver Spring, MD 20993-0002 or the Office of
Communication, Outreach and Development (HFM-40), Center for Biologics
Evaluation and Research (CBER), Food and Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance document.
    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Sandra Benton, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6340, Silver Spring, MD 20993-0002, 301-
796-1042, or Stephen Ripley, Center for Biologics Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
71, Rm. 7301, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry
entitled ``Quality Considerations in Demonstrating Biosimilarity of a
Therapeutic Protein Product to a Reference Product.'' This guidance is
intended to provide sponsors with an overview of analytical factors
that are relevant to assessing whether a proposed product and the
reference product are highly similar for the purpose of submitting a
marketing application through the abbreviated licensure pathway under
section 351(k) of the Public Health Service Act (PHS Act) (42 U.S.C.
262(k)). Although the 351(k) pathway applies generally to biological
products, this guidance focuses on therapeutic protein products.
    The Biologics Price Competition and Innovation Act of 2009 was
enacted as part of the Patient Protection and Affordable Care Act (Pub.
L. 111-148) on March 23, 2010, created an abbreviated licensure pathway
under section 351(k) of the PHS Act for biological products
demonstrated to be biosimilar to or interchangeable with a reference
product. Under this abbreviated licensure pathway, FDA will license a
proposed biological product submitted under section 351(k) of the PHS
Act if FDA ``determines that the information submitted in the
application . . . is sufficient to show that the biological product . .
. is biosimilar to the reference product . . .'' and the 351(k)
applicant (or other appropriate person) consents to an inspection of
the facility that is the subject of the application (i.e., a facility
in which the proposed biological product is manufactured, processed,
packed, or held).\1\
---------------------------------------------------------------------------

    \1\ Section 7002(a)(2) of the Affordable Care Act, adding
section 351(k)(3) of the PHS Act (citing section 351(a)(2)(C) of the
PHS Act).
---------------------------------------------------------------------------

    All product applications should contain a complete and thorough
chemistry, manufacturing, and controls section that provides the
necessary and appropriate information, including, but not limited to,
characterization, adventitious agent safety, process controls, and
specifications, for the product to be adequately reviewed.\2\ This
guidance describes important factors for consideration when assessing
whether a proposed product and the reference product are highly
similar, including:
---------------------------------------------------------------------------

    \2\ For CMC requirements for submission of a marketing
application, applicants should consult current regulations, the
guidance for industry for the ``Submission of Chemistry,
Manufacturing, and Controls Information for a Therapeutic
Recombinant DNA-Derived Product or a Monoclonal Antibody Product for
In-Vivo Use,'' and other applicable FDA guidance documents.
---------------------------------------------------------------------------

     Expression System
     Manufacturing Process
     Assessment of Physiochemical Properties
     Functional Activities
     Receptor Binding and Immunochemical Properties
     Impurities
     Reference Product and Reference Standards
     Finished Drug Product
     Stability
    In the Federal Register of February 15, 2012 (77 FR 8884), FDA
announced the availability of the draft guidance entitled ``Quality
Considerations in Demonstrating Biosimilarity to a Reference Protein
Product'' dated February 2012. FDA received a number of comments on the
draft guidance. In response to these comments, this guidance provides
further clarification on general principles on topics including, but
not limited to, the use of comparative analytical data to provide the
foundation for a biosimilar development program, the timing of
submission of analytical similarity data, the appropriate number of
lots needed, and the type of bridging data needed when sponsors use a
non-U.S.-licensed comparator product in certain studies. The guidance
provides additional clarification on the factors for consideration in
assessing whether a proposed product is highly similar to the reference
product. This guidance finalizes the draft guidance issued in February
2012.
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
Agency's current thinking on quality considerations in demonstrating
biosimilarity of a therapeutic protein product to a reference product.
It does not create or confer any rights for or on any person and does
not operate to bind FDA or the public. An alternative approach may be
used if such approach satisfies the requirements of the applicable
statutes and regulations.

II. Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It

is only necessary to send one set of comments. Identify comments with
the docket number found in brackets in the heading of this document.
Received comments may be seen in the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to
the docket at http://www.regulations.gov.

III. The Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations, which are not expected to change
as a result of the guidance. These collections of information are
subject to review by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information related to the submission of: (1) An
investigational new drug application, which is covered under 21 CFR
part 312 and approved under OMB control number 0910-0014; (2) a new
drug application, which is covered under 21 CFR 314.50 and approved
under OMB control number 0910-0001; (3) a biologics license application
(BLA) under section 351(a) of the PHS Act, which is covered under part
601 (21 CFR part 601) and approved under OMB control number 0910-0338;
and (4) a BLA under section 351(k), which is covered under part 601 and
approved under OMB control number 0910-0719.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm, or http://www.regulations.gov.

    Dated: April 24, 2015.
Peter Lurie,
Associate Commissioner for Public Health Strategy and Analysis.
[FR Doc. 2015-10063 Filed 4-29-15; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Proposed Rules]
[Pages 54939-54941]
[FR Doc No: 2023-17001]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1707; Project Identifier MCAI-2023-00605-T]
RIN 2120-AA64

Airworthiness Directives; Deutsche Aircraft GmbH (Type
Certificate Previously Held by 328 Support Services GmbH; AvCraft
Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH)
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Deutsche Aircraft GmbH (Type Certificate Previously Held by 328
Support Services GmbH; AvCraft Aerospace GmbH; Fairchild Dornier GmbH;
Dornier Luftfahrt GmbH) Model 328-100 airplanes. This proposed AD was
prompted by a report of finding cracks in fuselage frames (FR) 24 and
FR26. This proposed AD would require a one-time detailed and eddy
current inspection of fuselage FR24 and FR26 (left and right sides),
performing corrective actions if necessary, and reporting the
inspection results, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is proposed for incorporation by reference
(IBR). The FAA is proposing this AD to address the unsafe condition on
these products.

DATES: The FAA must receive comments on this proposed AD by September
28, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1707; 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 NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email: [email protected]; website: easa.europa.eu.
You may find this material on the EASA website: ad.easa.europa.eu. It
is also available at regulations.gov under Docket No. FAA-2023-1707.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th Street, Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1707; Project Identifier
MCAI-2023-00605-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Todd
Thompson, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected]. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2023-0081, dated April 18, 2023
(EASA AD 2023-0081) (also referred to as the MCAI), to correct an
unsafe condition for all Deutsche Aircraft GmbH (Type Certificate
Previously Held by 328 Support Services GmbH; AvCraft Aerospace GmbH;
Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100
airplanes. The MCAI states a report of finding cracks in fuselage
frames FR24 and FR26. Investigation of the root cause for cracking is
ongoing. This condition, if not detected and corrected, could lead to
failure of load carrying structural elements, possibly resulting in
reduced integrity of the fuselage. The FAA is proposing this AD

to address the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1707.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0081 specifies procedures for a one-time detailed and
eddy current inspection of fuselage FR24 and FR26 (left and right
sides) for damage (cracks). Depending on the inspection results, EASA
AD 2023-0081 also specifies corrective action, including obtaining and
following instructions for crack repair. EASA AD 2023-0081 also
requires reporting the inspection results to Deutsche Aircraft GmbH.
This material is reasonably available because the interested parties
have access to it through their normal course of business or by the
means identified in ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0081 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2023-0081 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0081 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2023-0081 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2023-
0081. Service information required by EASA AD 2023-0081 for compliance
will be available at regulations.gov under Docket No. FAA-2023-1707
after the FAA final rule is published.

Interim Action

    The FAA considers that this proposed AD would be an interim action.
If final action is later identified, the FAA might consider further
rulemaking then.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 21 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
22 work-hours x $85 per hour = $1,870........................              $0           $1,870          $39,270
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this proposed AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 adding the following new airworthiness
directive:

Deutsche Aircraft GmbH (Type Certificate Previously Held by 328
Support Services GmbH; AvCraft Aerospace GmbH; Fairchild Dornier
GmbH; Dornier Luftfahrt GmbH): Docket No. FAA-2023-1707; Project
Identifier MCAI-2023-00605-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by September 28, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Deutsche Aircraft GmbH (Type Certificate
Previously Held by 328 Support Services GmbH; AvCraft Aerospace
GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code: 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report of finding cracks in fuselage
frames (FR) 24 and FR26. The FAA is issuing this AD to address
cracks in FR24 and FR26. The unsafe condition, if not addressed,
could result in failure of load carrying structural elements,
possibly resulting in reduced integrity of the fuselage.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0081, dated April 18, 2023 (EASA AD 2023-0081).

(h) Exceptions to EASA AD 2023-0081

    (1) Where EASA AD 2023-0081 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where paragraph (1) of EASA AD 2023-0081 refers to
compliance time within 1,500 FC or accomplishment of Deutsche
Aircraft GmbH Dornier 328 Maintenance Review Board Report (MRBR)
task 53-41-37-02, for this AD compliance time is within 1,500 flight
cycles after the effective date of this AD.
    (3) Where paragraph (2) of EASA AD 2023-0081 refers to
``damages,'' for this AD damages are any possible cracks and surface
cracks.
    (4) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0081.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Deutsche Aircraft GmbH's EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.

(j) Additional Information

    For more information about this AD, contact Todd Thompson,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0081,
dated April 18, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0081, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email:
[email protected]; website: easa.europa.eu. You may find this EASA
AD on the EASA website: ad.easa.europa.eu.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, Des Moines, WA. 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 protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 3, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-17001 Filed 8-11-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 23, 2008 (Volume 73, Number 185)]
[Proposed Rules]
[Page 54751-54755]
[DOCID:fr23se08-30]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0981; Directorate Identifier 2008-NM-073-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 747 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to certain Boeing Model 747 airplanes. The
existing AD currently requires repetitive inspections of the body
station (BS) 2598 bulkhead, and corrective actions if necessary. The
existing AD also currently requires a terminating modification for the
repetitive inspections and a post-modification inspection of the
modified area. This proposed AD would continue requiring those actions
with revised service information. For certain airplanes, this proposed
AD would require new repetitive inspections, an interim modification,
and post-interim modification inspections. For certain airplanes, this
proposed AD also would require replacing any previously repaired aft
inner chord and reinstalling the terminating modification. This
proposed AD results from reports of cracked aft inner chords on
airplanes after certain requirements of the existing AD were done. We
are proposing this AD to prevent fatigue cracking of the BS 2598
bulkhead structure, which could result in inability of the structure to
carry horizontal stabilizer flight loads, and loss of controllability
of the airplane.

DATES: We must receive comments on this proposed AD by November 7,
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, 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.

FOR FURTHER INFORMATION CONTACT: Ivan Li, Aerospace Engineer, Airframe
Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind
Avenue, SW., Renton, Washington 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-2008-0981;
Directorate Identifier 2008-NM-073-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 because of 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 February 22, 2006, we issued AD 2006-05-06, amendment 39-14503
(71 FR 12125, March 9, 2006), for certain Boeing Model 747 airplanes.
That AD requires repetitive inspections of the body station (BS) 2598
bulkhead, and corrective action if necessary. That AD also requires
modification of the bulkhead, including a one-time inspection and
corrective action if necessary, which terminates certain repetitive
inspections. In addition, that AD also requires a post-modification
inspection of the modified area. That AD resulted from reports of
fatigue cracking on BS 2598 bulkhead. We issued that AD to prevent
fatigue cracking of the BS 2598 bulkhead structure, which could result
in inability of the structure to carry horizontal stabilizer flight
loads, and loss of controllability of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2006-05-06, we have received a report of a
cracked aft inner chord that was completely severed and a 0.5-inch
crack in the adjacent frame support on an in-service airplane. These
cracks have been attributed to fatigue. The airplane had accumulated
9,988 total flight cycles and 68,081 total flight hours. A surface high
frequency eddy current (HFEC) inspection had been done on the aft inner
chord as required by AD 2006-05-06. In addition, we have received
reports of cracked aft inner chords that had been previously repaired
and not replaced before the bulkhead was modified in accordance with AD
2006-05-06. Repaired chords can have an active crack tip that may
continue to propagate, even if the area has been reinforced.
    Therefore, we have determined that in addition to the repetitive
surface HFEC inspections required by AD 2006-05-06, repetitive open
hole surface HFEC inspections are necessary to detect cracks that are
beneath the surface of the aft inner chords. We also have determined
that the terminating modification, if installed with a repaired aft
inner chord in place as required by AD 2006-05-06, does not adequately
address the identified unsafe condition, and that further rulemaking is
necessary.

Relevant Service Information

    We have reviewed Revision 4 of Boeing Alert Service Bulletin 747-
53A2427, dated March 6, 2008 (AD 2006-05-06 refers to Boeing Alert
Service Bulletin 747-53A2427, Revision 2, dated October 5, 2000; or
Revision 3, dated September 27, 2001; as appropriate sources of service
information for accomplishing certain requirements). The repetitive
surface HFEC inspections described in Revision 4 are identical to those
in earlier revisions of the service bulletin. Revision 4 adds new
repetitive open hole HFEC inspections to detect cracks in the bulkhead
splice fitting, frame support fitting, and forward and aft inner chords
on the left and right side of the BS 2598 bulkhead, and repair if
necessary. Revision 4 also adds a new interim modification for the aft
inner chords, which defers the repetitive surface and open hole HFEC
inspections. The compliance time for accomplishing the initial open
hole inspection is before 6,000 or 16,000 total flight cycles
(depending on the airplane configuration), or within 1,500 flight
cycles after the date on Revision 4 of the service bulletin, whichever
occurs later. The compliance time for accomplishing repetitive surface
and open hole HFEC inspections is within 1,500 flight cycles after the
last surface HFEC inspection of the forward side of the bulkhead or
within 6,000 flight cycles after installation of the structural repair
manual repair or interim modification, depending on the airplane
configuration.
    We also have reviewed Revision 1 of Boeing Service Bulletin 747-53-
2473, dated February 20, 2007 (AD 2006-05-06 refers to Boeing Service
Bulletin 747-53-2473, dated March 24, 2005; as an appropriate source of
service information for accomplishing the terminating modification).
Revision 1 removes the option to re-install an aft inner chord that has
been repaired before accomplishing the terminating modification. The
modification and related investigative and corrective actions are
essentially identical to those specified in Boeing Service Bulletin
747-53-2473, dated March 24, 2005.
    Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to develop on other airplanes of the
same type design. For this reason, we are proposing this AD, which
would supersede AD 2006-05-06 and would retain the requirements of the
existing AD. This proposed AD would also require accomplishing the
actions specified in service information described previously, except
as discussed under ``Differences Between the Proposed AD and Service
Information.''

Differences Between the Proposed AD and Service Information

    The service information described previously specifies to contact
the manufacturer for instructions on how to repair certain conditions,
but this proposed AD would require repairing those conditions in one of
the following ways:
     Using a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by an Authorized Representative
for the Boeing Commercial Airplanes Delegation Option Authorization
Organization whom we have authorized to make those findings.
    For certain airplanes, Boeing Service Bulletin 747-53-2473,
Revision 1, does not specify a compliance time for replacing the
previously repaired aft inner chord and reinstalling the terminating
modification. In developing an appropriate compliance time for these
proposed actions, we considered the degree of urgency associated with
the subject unsafe condition, the manufacturer's recommendation for an
appropriate compliance time, and the average utilization of the
affected fleet. In light of these factors, we find that a compliance
time of within 3,000 flight cycles after doing the modification
required by paragraph (l) of this AD, or within 1,500 flight cycles
after the effective date of this AD, whichever occurs later, represents
an appropriate interval of time for affected airplanes to continue to
operate without compromising safety. This difference has been
coordinated with Boeing.

Explanation of Change Made to Requirements of AD 2006-05-06 Retained in
This AD

    We have simplified paragraphs (g), (i), and (k) of this AD by
referring to the ``Alternative Methods of Compliance (AMOCs)''
paragraph of this AD for repair methods.

Costs of Compliance

    There are about 998 airplanes of the affected design in the
worldwide fleet. The following table provides the

estimated costs for U.S. operators to comply with this proposed AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                      Average                                                          U.S.-
                Action                  Work hours   labor rate            Parts              Cost per airplane      registered         Fleet cost
                                                      per hour                                                       airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Surface HFEC inspections and open                2          $80  None....................  $160, per inspection             162  $25,920, per inspection
 hole HFEC inspections.                                                                     cycle.                                cycle.
Detailed inspections.................            2           80  None....................  $160, per inspection             162  $25,920, per inspection
                                                                                cycle.                                cycle.
Interim modification.................            4           80  $4,000..................  $4,320.................          162  $699,840.
Replacement of Previously Repaired               2           80  None....................  $160...................          162  $25,920.
 Aft Inner Chords.
Terminating modification.............          126           80  $33,716.................  $43,796................          162  $7,094,952.
Post-terminating modification                    4           80  None....................  $320...................          162  $51,840.
 inspection.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-14503 (71 FR 12125, March 9, 2006) and adding the
following new airworthiness directive (AD):

Boeing: Docket No. FAA-2008-0981; Directorate Identifier 2008-NM-
073-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by November
7, 2008.

Affected ADs

    (b) This AD supersedes AD 2006-05-06.

Applicability

    (c) This AD applies to Boeing 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, line numbers 1 through 1307 inclusive.

Unsafe Condition

    (d) This AD results from reports of cracked aft inner chords on
airplanes after certain requirements of the existing AD were done.
We are issuing this AD to prevent fatigue cracking of the body
station (BS) 2598 bulkhead structure, which could result in
inability of the structure to carry horizontal stabilizer flight
loads, and loss of controllability of the airplane.

Compliance

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

Requirements of AD 2006-05-06

Repetitive High Frequency Eddy Current (HFEC) Inspections of the
Bulkhead Frame Supports

    (f) Before the accumulation of 10,000 total flight cycles, or
within 1,000 flight cycles after August 16, 2001 (the effective date
of AD 2001-14-07), whichever occurs later: Do an open-hole HFEC
inspection to find cracking of the bulkhead frame support under the
hinge support fittings of the horizontal stabilizer on the left and
right sides at BS 2598, in accordance with Figure 2 of the
Accomplishment Instructions of Boeing Service Bulletin 747-53A2449,
Revision 1, dated May 24, 2001; or Revision 2, dated March 14, 2002.
Repeat the inspection after that at intervals not to exceed 3,000
flight cycles. Inspections accomplished before August 16, 2001, per
Boeing Alert Service Bulletin 747-53A2449, dated June 8, 2000, are
considered acceptable for compliance with the applicable inspection
specified in this paragraph.

Repair of Any Cracked Bulkhead Frame Support

    (g) If any cracking is found during any inspection required by
paragraph (f) of this AD, before further flight, repair using a
method approved in accordance with the

procedures specified in paragraph (w) of this AD.

Repetitive Inspections of Inner Chords, Frame Support, and Splice
Fitting

    (h) Except as provided by paragraph (n) of this AD: Do a surface
HFEC inspection of the forward and aft inner chords, the frame
support, and the splice fitting of the forward inner chord of the
upper corners of the station 2598 bulkhead to find cracking, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2427, Revision 2, dated October 5, 2000; or
Revision 3, dated September 27, 2001; at the latest of the times
specified in paragraphs (h)(1) and (h)(2) of this AD, as applicable.
Repeat the inspection after that at intervals not to exceed 1,500
flight cycles.
    (1) For airplanes having line numbers 1 through 1241 inclusive:
    (i) Before the accumulation of 6,000 total flight cycles.
    (ii) Within 500 flight cycles after August 28, 2001 (the
effective date of AD 2001-15-03).
    (iii) For airplanes inspected before August 28, 2001, in
accordance with Boeing Alert Service Bulletin 747-53A2427, dated
December 17, 1998 (including inspections of the splice fitting), or
Revision 1, dated October 28, 1999: Within 1,500 flight cycles after
accomplishment of the last inspection done in accordance with the
original service bulletin or Revision 1, as applicable.
    (2) For airplanes having line numbers 1242 through 1307
inclusive:
    (i) Before the accumulation of 16,000 total flight cycles.
    (ii) Within 500 flight cycles after August 28, 2001.
    (iii) For airplanes inspected before August 28, 2001, in
accordance with Boeing Alert Service Bulletin 747-53A2427, dated
December 17, 1998 (including inspections of the splice fitting), or
Revision 1, dated October 28, 1999: Within 1,500 flight cycles after
accomplishment of the last inspection done in accordance with the
original service bulletin or Revision 1, as applicable.

Repair of Any Cracked Inner Chord, Frame Support, or Splice Fitting

    (i) If any cracking is found during the inspections required by
paragraph (h) of this AD, before further flight, repair in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2427, Revision 2, dated October 5, 2000; or
Revision 3, dated September 27, 2001; except as provided by
paragraph (n) of this AD, and except where the alert service
bulletin specifies that the manufacturer may be contacted for
disposition of certain repair conditions, before further flight,
repair using a method approved in accordance with the procedures
specified in paragraph (w) of this AD.

Repetitive Detailed Inspections of BS 2598 Bulkhead

    (j) Before the accumulation of 10,000 total flight cycles, or
within 1,000 flight cycles after October 27, 2003 (the effective
date of AD 2003-19-08), whichever is later: Do a detailed inspection
of the BS 2598 bulkhead for discrepancies (cracking, elongated
fastener holes) of the areas specified in paragraphs (j)(1) and
(j)(2) of this AD, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2467, dated
July 26, 2001; or Revision 1, dated April 28, 2005. Repeat the
inspections after that at intervals not to exceed 3,000 flight
cycles.
    (1) The lower aft inner chords.
    (2) The upper aft outer chords, and the diagonal brace
attachment fittings, flanges, and rods.

    Note 1: For the purposes of this AD, a detailed inspection is
``an intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirrors, magnifying lenses, etc. may be necessary. Surface cleaning
and elaborate procedures may be required.''

Repair of Any Cracked BS 2598 Bulkhead

    (k) If any discrepancy is found during any inspection required
by paragraph (j) of this AD: Before further flight, repair in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2467, dated July 26, 2001; or Revision 1,
dated April 28, 2005. If the service bulletin specifies to contact
Boeing for appropriate action: Before further flight, repair using a
method approved in accordance with the procedures specified in
paragraph (w) of this AD.

Terminating Modification

    (l) Except as provided by paragraphs (p) and (q) of this AD:
Before the accumulation of 20,000 total flight cycles, or within 48
months after April 13, 2006 (the effective date of AD 2006-05-06),
whichever occurs later, modify the bulkhead by doing all applicable
actions including surface and open-hole HFEC inspections for
cracking of the upper forward inner chords, aft inner chords, upper
splice fittings, and frame support fittings, as specified in the
Accomplishment Instructions of Boeing Service Bulletin 747-53-2473,
dated March 24, 2005. Repair any cracks before further flight in
accordance with the service bulletin. Where the service bulletin
specifies that the manufacturer may be contacted for disposition of
certain repair conditions: Before further flight, repair the cracks
using a method approved in accordance with the procedures specified
in paragraph (w) of this AD. Accomplishment of the modification
terminates the requirements of paragraph (f), (h), and (j)(1) of
this AD.

Post-Modification Inspection and Repair

    (m) Within 20,000 flight cycles after the modification required
by paragraph (l) of this AD, inspect the BS 2598 bulkhead for
cracks, and repair any cracks before further flight, in accordance
with a method approved by the Manager, Seattle Aircraft
Certification Office (ACO).

New Requirements of This AD

New Revision of Service Bulletin

    (n) As of the effective date of this AD, use only the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2427, Revision 4, dated March 6, 2008, to do the repetitive
surface HFEC inspections required by paragraph (h) of this AD and
the repair required by paragraph (i) of this AD.

Terminating Repair for Repetitive Surface HFEC Inspections

    (o) As of the effective date of this AD, accomplishment of the
aft inner chord repair required by paragraph (i) of this AD in
accordance with the applicable structural repair manual (SRM)
specified in the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-53A2427, Revision 4, dated March 6, 2008, ends the
repetitive surface HFEC inspections required by paragraph (h) of
this AD for that side of the bulkhead only.

Replacement of Previously Repaired Aft Inner Chord and Reinstallation
of Terminating Modification

    (p) For airplanes on which the terminating modification required
by paragraph (l) of this AD has been done before the effective date
of this AD, and on which any previously repaired aft inner chord was
not replaced during that terminating modification: Within 3,000
flight cycles after doing the modification, or within 1,500 flight
cycles after the effective date of this AD, whichever occurs later,
replace any previously repaired aft inner chord with a new aft inner
chord and reinstall the terminating modification using a method
approved in accordance with the procedures specified in paragraph
(w) of this AD. Accomplishment of the replacement and reinstallation
of the terminating modification terminates the requirements of
paragraphs (l) and (m) of this AD and repetitive inspections
required by this AD, except for the inspections specified in
paragraph (r) of this AD.

Revised Terminating Modification

    (q) For airplanes on which the terminating modification required
by paragraph (l) of this AD has not been done as of the effective
date of this AD: Before the accumulation of 20,000 total flight
cycles, or within 18 months after the effective date of this AD,
whichever occurs later, modify and do applicable relative
investigative and corrective actions by doing all the applicable
actions specified in the Accomplishment Instructions of Boeing
Service Bulletin 747-53-2473, Revision 1, dated February 20, 2007;
except where the service bulletin specifies that the manufacturer
may be contacted for disposition of certain repair conditions,
before further flight, repair the cracks using a method approved in
accordance with the procedures specified in paragraph (w) of this
AD. The applicable related investigative and corrective actions must
be done before further flight. Accomplishment of the replacement and
reinstallation of the terminating modification terminates the
requirements of paragraphs (l) and (m) of this AD and repetitive
inspections required by

this AD, except for the inspections specified in paragraph (r) of
this AD.

Post-Modification Inspection and Repair

    (r) Within 20,000 flight cycles after the modification required
by paragraph (p) or (q) of this AD, as applicable, inspect the BS
2598 bulkhead for cracks, and repair any crack before further
flight, in accordance with a method approved by the Manager, Seattle
ACO.

Open Hole HFEC Inspection(s) and Terminating Repair

    (s) For airplanes on which the terminating modification required
by paragraph (l) or (q) of this AD has not been done: Do an initial
open hole HFEC inspection to detect cracks in the bulkhead splice
fitting, frame support fitting, and forward and aft inner chords on
the left and right sides of the BS 2598 bulkhead, in accordance with
the Accomplishment Instructions of Boeing Alert Service Bulletin
747-53A2427, Revision 4, dated March 6, 2008. Do the initial
inspection at the applicable time specified in Table 1 or 3 of
paragraph 1.E., ``Compliance,'' of the service bulletin; except,
where the service bulletin specifies a compliance time after the
date on the service bulletin, this AD requires compliance within the
specified compliance time after the effective date of this AD.
    (1) If no crack is detected, repeat the open hole HFEC
inspection thereafter at intervals not to exceed 1,500 flight
cycles.
    (2) If any crack is detected, before further flight, repair it
in accordance with the service bulletin; except, where the service
bulletin specifies to contact Boeing for appropriate action, before
further flight, repair the crack using a method approved in
accordance with the procedures specified in paragraph (w) of this
AD. Accomplishment of the aft inner chord repair in accordance with
the applicable SRM specified in the Accomplishment Instructions of
the service bulletin ends the repetitive open hole HFEC inspections
required by paragraphs (h) and (s)(1) of this AD for that side of
the bulkhead only.

Interim Modification

    (t) For Group 1 airplanes, as identified in Boeing Alert Service
Bulletin 747-53A2427, Revision 4, dated March 6, 2008, on which the
terminating modification required by paragraph (l) or (q) of this AD
has not been done: Before the accumulation of 12,000 total flight
cycles, or within 1,500 flight cycles after the effective date of
this AD, whichever occurs later, install the interim modification
for the aft inner chords, in accordance with the Accomplishment
Instructions of the service bulletin. Accomplishment of the interim
modification ends the repetitive open hole and surface HFEC
inspections required by paragraphs (h) and (s)(1) of this AD.

Post-Interim Modification/Repair Repetitive Surface and Open Hole HFEC
Inspections

    (u) For airplanes on which the interim modification required by
paragraph (t) of this AD has been done or the repair of any cracked
aft inner chord has been done in accordance with the SRM specified
in the Accomplishment Instructions of Boeing Alert Service Bulletin
747-53A2427, Revision 4, dated March 6, 2008, as required by
paragraph (i) or (s)(2) of this AD; and on which the terminating
modification required by paragraph (l) or (q) of this AD has not
been done: At the applicable times specified in Table 1, 2, or 3 of
paragraph 1.E., ``Compliance,'' of the service bulletin, do a
surface HFEC inspection to detect cracks on the forward side
(unmodified area) of the bulkhead and open hole and surface HFEC
inspections to detect cracks in the modified or repaired area, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2427, Revision 4, dated March 6, 2008.
Repeat the open hole and surface HFEC inspections thereafter at
intervals not to exceed 1,500 flight cycles, until the modification
required by paragraph (q) of this AD is done, as applicable; except,
for airplanes on which the repair of any cracked aft inner chord has
been done on only one side of the bulkhead in accordance with the
applicable SRM as required by paragraph (i) or (s)(2) of this AD,
the repetitive open hole and surface HFEC inspections required by
paragraph (h) and (s)(1) of this AD must continue to be done for the
other side of the bulkhead.

Repair of Any Cracked Inner Chord, Splice Fitting, or Frame Support
Fitting

    (v) If any crack is detected during any open hole or surface
HFEC inspection required by paragraph (u) of this AD, before further
flight, repair any cracked inner chord, splice fitting, or frame
support fitting, in accordance with the Accomplishment Instructions
of Boeing Alert Service Bulletin 747-53A2427, Revision 4, dated
March 6, 2008; except, where the service bulletin specifies to
contact Boeing for appropriate action, before further flight, repair
the crack using a method approved in accordance with the procedures
specified in paragraph (w) of this AD.

Alternative Methods of Compliance (AMOCs)

    (w)(1) The Manager, Seattle ACO, FAA, ATTN: Ivan Li, Aerospace
Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-
6437; fax<PHONE_NUMBER>; has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (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 an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who 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.
    (4) AMOCs approved previously in accordance with AD 2006-05-06
are approved as AMOCs for the corresponding provisions of this AD.

    Issued in Renton, Washington, on September 11, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-22215 Filed 9-22-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: March 24, 2006 (Volume 71, Number 57)]
[Notices]
[Page 14886-14887]
[DOCID:fr24mr06-62]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepted for Filing, Soliciting Motions To
Intervene and Protests, Ready for Environmental Analysis, and
Soliciting Comments, Recommendations, Terms and Conditions, and
Prescriptions

March 15, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent License.
    b. Project No.: 1051-012.
    c. Date Filed: August 29, 2005.
    d. Applicant: Alaska Power & Telephone Company (AP&T).
    e. Name of Project: Skagway-Dewey Lakes Project.
    f. Location: On Pullen, Dewey, Reid, Icy, and Snyder Creeks within
the city limits of Skagway, Alaska. The project does not utilize any
Federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Bob Grimm, AP&T, PO Box 3222, Port Townsend,
Washington 98368,<PHONE_NUMBER>, ext. 120.
    i. FERC Contacts: Alan Mitchnick,<PHONE_NUMBER>,
<EMAIL_ADDRESS>or Shana Murray,<PHONE_NUMBER>,

<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
recommendations, terms and conditions, and prescriptions is 60 days
from the issuance of this notice; reply comments are due 105 days from
the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    Motions to intervene and protests, comments, recommendations, terms
and conditions, and prescriptions may be filed electronically via the
Internet in lieu of paper. The Commission strongly encourages
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions
on the Commission's Web site (http://www.ferc.gov) under the ``e-

Filing'' link.
    k. This application has been accepted for filing and is now is
ready for environmental analysis.
    l. Project Description: Water from Reid Falls, Icy Creek, and
Snyder Creek is diverted to Lower Dewey Lake, which in turn, flows into
Dewey reservoir. The project withdraws water from Dewey reservoir to
supply the powerhouse. Existing project features include: the 26-foot-
long, 8-foot-high Reid Falls diversion dam that diverts water into a
14-inch-diameter, 1,280-foot-long steel pipeline running to Icy Creek;
the 102-foot-long, 5-foot-high Icy Lake dam impounding the 3.4-acre Icy
Lake; the 30-foot long and 3-foot-high Snyder Creek diversion dam that
diverts water from Snyder Creek into a diversion channel that conveys
water to Lower Dewey Lake; the 629-foot-long, 28-foot-high Lower Dewey
Lake dam, impounding the 32.8-acre Lower Dewey Lake; the 132-foot-long,
30-foot-high, Dewey reservoir dam, impounding 2.7 acres; a 300-foot-
long canal running between Lower Dewey Lake and Dewey reservoir; three
penstocks that run from the Dewey reservoir dam about 1,850 feet to the
project's powerhouse that sits adjacent to Pullen Creek within the City
of Skagway; and a powerhouse containing four turbines with a total
installed capacity of 943 kilowatts. No changes to the project are
proposed.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''

link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    n. Anyone may submit comments, a protest, or a motion to intervene
in accordance with the requirements of Rules of Practice and Procedure,
18 CFR 385.210, .211, .214. In determining the appropriate action to
take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received on or
before the specified comment date for the particular application.
    All filings must (1) bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or ``PRESCRIPTIONS;''
(2) set forth in the heading the name of the applicant and the project
number of the application to which the filing responds; (3) furnish the
name, address, and telephone number of the person protesting or
intervening; and (4) otherwise comply with the requirements of 18 CFR

385.2001 through 385.2005. All comments, recommendations, terms and
conditions or prescriptions must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may
obtain copies of the application directly from the applicant. A copy of
any protest or motion to intervene must be served upon each
representative of the applicant specified in the particular
application. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via e-mail of new filings and

issuances related to this or other pending projects. For assistance,
contact FERC Online Support.

Magalie R. Salas,
Secretary.
[FR Doc. E6-4228 Filed 3-23-06; 8:45 am]

BILLING CODE 6717-01-P