[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Rules and Regulations]
[Pages 15998-16000]
[FR Doc No: 2017-06324]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0237]
RIN 1625-AA00

Safety Zone; Long Beach Container Terminal Crane Transit; Long
Beach, California

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The U.S. Coast Guard is establishing a temporary moving safety
zone in the Port of Long Beach around the M/V ZHEN HUA 28. This
temporary safety zone is necessary to provide for the safety of the
waterway users and the M/V ZHEN HUA 28 during the vessel's transit into
the Port Long Beach, its stay at Long Beach Container Terminal (LBCT),
and its outbound transit departing LBCT. Entry of persons or vessels
into this temporary safety zone is prohibited unless specifically
authorized by the Captain of the Port, Los Angeles-Long Beach, or her
designated representative.

DATES: This rule is effective without actual notice from March 31,
2017, to 11:00 p.m. on April 14, 2017. For purposes of enforcement,
actual notice will be used from 12 a.m. on March 25, 2017, through
March 31, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0237 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email BMC James Morgia, Waterways Management, U.S. Coast Guard
Sector Los Angeles-Long Beach; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
LLNR Light List Number
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. Publishing an NPRM would be impracticable in
this case due to having received initial notice of the event on March
13, 2017.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register for the reasons stated
above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port (COTP), Los Angeles-Long Beach has
determined that potential hazards associated with navigation safety
that arise because of the potentially hazardous condition of the cranes
onboard the M/V ZHEN HUA 28 and the vessel's limited ability to
maneuver. This temporary safety zone is necessary to ensure the safety
of, and reduce the risk to, the public, and mariners, in the Port of
Long Beach.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 12:00 a.m. on
March 25, 2017, to 11:00 p.m. on April 14, 2017, encompassing all
navigable waters from the surface to the sea floor within 200 yards of
the M/V ZHEN HUA 28 while the vessel is underway and 100 yards while
moored or at anchor, while cranes remain onboard the vessel. This
temporary moving safety zone will only be enforced during the vessel's
transit from the Long Beach Pilot Operating Area outside of the federal
breakwater into port to LBCT, while at anchor or at berth while cranes
remain onboard the vessel, and the vessel's outbound transit departing
LBCT to the Long Beach Pilot Operating Area.
    No vessel or person is permitted to operate in the safety zone
without obtaining permission from the Captain of the Port (COTP) or the
COTP's designated representative. Sector Los Angeles-Long Beach may be
contacted on VHF-FM Channel 16 or<PHONE_NUMBER>. The general boating
public will be notified prior to the enforcement of the temporary
moving safety zone via Broadcast Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size,
location, and duration of the safety zone. The size of the zone is the
minimum necessary to provide adequate protection for the waterways
users, adjoining areas, and the public. The zone will be in place
during the scheduled vessel transit to LBCT, while at berth offloading
cranes, and during the scheduled vessel departure from LBCT. Any
hardships experienced by persons or vessels are considered minimal
compared to the interest in protecting the public.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator. Under section 213(a) of the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want
to assist small entities in understanding this rule. If the rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the

distribution of power and responsibilities between the Federal
Government and Indian tribes. If you believe this rule has implications
for federalism or Indian tribes, please contact the person listed in
the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T11-844 to read as follows:

Sec.  165.T11-844  Safety Zone; Long Beach Container Terminal Crane
Transit; Long Beach, California.

    (a) Location. The following area is a safety zone: All navigable
waters from the surface to the sea floor within a 200 yard radius of
the M/V ZHEN HUA 28 while transiting and 100 yard radius while moored
or at anchor. This temporary moving safety zone will only be enforced
during the vessel's transit from the Long Beach Pilot Operating Area
outside of the federal breakwater into port to LBCT, while at anchor or
at berth while cranes remain onboard the vessel, and the vessel's
outbound transit departing LBCT to the Long Beach Pilot Operating Area.
    (b) Definitions. For the purposes of this section:
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Los Angeles-Long
Beach (COTP) in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, hail Coast Guard Sector Los
Angeles-Long Beach on VHF-FM Channel 16 or call at<PHONE_NUMBER>.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (d) Enforcement period. This section is effective beginning at
12:00 a.m. on March 25, 2017, to 11:00 p.m. on April 14, 2017. This
rule will be enforced during the vessel's transit from the Long Beach
Pilot Operating Area outside of the federal breakwater into port to
LBCT, while at anchor or at berth while cranes remain onboard the
vessel and the vessel's transit departing LBCT to the Long Beach Pilot
Operating Area. The general boating public will be notified prior to
the enforcement of the temporary moving safety zone via Broadcast
Notice to Mariners.

M.L. Rochester,
Captain, U.S. Coast Guard, Acting Captain of the Port, Los Angeles-Long
Beach.
[FR Doc. 2017-06324 Filed 3-30-17; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Rules and Regulations]
[Pages 65190-65193]
[FR Doc No: 2020-22758]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0449; Product Identifier 2020-NM-038-AD; Amendment
39-21283; AD 2020-21-10]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-19-
24, which applies to Model A319-111, -112, -113, -114, -115, -131, -
132, and -133 airplanes; Model A320-211, -212, -214, -231, -232, and -
233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes. The FAA is also superseding AD 2018-16-04, which
applies to Airbus SAS Model A320-216, -251N, and -271N airplanes; and
Model A321-251N, -253N, and -271N airplanes; as well as the models in
AD 2017-19-24. Those ADs required revising the existing maintenance or
inspection program, as applicable, to incorporate new or more

restrictive maintenance requirements and airworthiness limitations.
Since AD 2018-16-04 was issued, the FAA has determined that new or more
restrictive airworthiness limitations are necessary. This AD requires
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations; as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. This AD was prompted by a determination
that new or more restrictive airworthiness limitations are necessary.
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective November 19, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 19,
2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
September 14, 2018 (83 FR 39581, August 10, 2018).

ADDRESSES: For the EASA material incorporated by reference (IBR) in
this AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu.
    For the Airbus SAS material incorporated by reference (IBR) in this
AD, contact Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
internet https://www.airbus.com.
    You may view this IBR material at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0449.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0102; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0034, dated February 25, 2020
(``EASA AD 2020-0034'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A318 series airplanes; Model A319-
111, A319-112, A319-113, A319-114, A319-115, A319-131, A319-132, A319-
133, A319-151N, and A319-153N airplanes; Model A320-211, A320-212,
A320-214, A320-215, A320-216, A320-231, A320-232, A320-233, A320-251N,
A320-252N, A320-253N, A320-271N, A320-272N, and A320-273N airplanes;
and Model A321 series airplanes. EASA AD 2020-0034 superseded EASA AD
2017-0170 (which corresponds to FAA AD 2018-16-04 (AD 2018-16-04,
Amendment 39 19344 (83 FR 39581, August 10, 2018) (``AD 2018-16-04'')).
Model A320-215 airplanes are not certified by the FAA and are not
included on the U.S. type certificate data sheet; this AD therefore
does not include those airplanes in the applicability.
    Airplanes with an original airworthiness certificate or original
export certificate of airworthiness issued after November 7, 2019, must
comply with the airworthiness limitations specified as part of the
approved type design and referenced on the type certificate data sheet;
this AD therefore does not include those airplanes in the
applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2017-19-24, Amendment 39-19054 (82 FR
44900, September 27, 2017) (``AD 2017-19-24''); and 2018-16-04; for all
Model A318 series airplanes; Model A319-111, -112, -113, -114, -115, -
131, -132, -133, -151N, and -153N airplanes; Model A320 series
airplanes; and Model A321 series airplanes. The NPRM published in the
Federal Register on May 7, 2020 (85 FR 27167). The NPRM was prompted by
a determination that new or more restrictive airworthiness limitations
are necessary. The NPRM proposed to address the risks associated with
the effects of aging on airplane systems. Such effects could change
system characteristics, leading to an increased potential for failure
of certain life-limited parts, and reduced structural integrity or
controllability of the airplane. See the MCAI for additional background
information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Support for the Proposed AD

    United Airlines and an anonymous commenter expressed support for
the proposed AD.

Request To Confirm Intent To Allow Use of Later ALS Revisions

    Delta Air Lines (Delta) requested confirmation that the FAA
intended to allow the use of later ALS revisions to comply with the
proposed AD. The commenter noted that previous ADs required an
alternative method of compliance (AMOC) to use a later ALS revision.
    The FAA confirms that it intends to allow the use of applicable
later ALS variations or revisions in their entirety to comply with the
requirements of this AD, as long as they follow the requirements of
paragraph (k) of this AD--that they are approved in the provisions of
the ``Ref. Publications'' section of EASA AD 2020-0034.

Request To Allow AMOC Approval for Alternative Actions or Intervals
After Revision of Maintenance or Inspection Program

    Delta requested that paragraph (k) of the proposed AD be changed to
also allow alternative actions and intervals after the maintenance and
inspection program has been revised, provided that the actions or
intervals are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (l)(1) of the
proposed AD. Delta provided no reason or justification for the request.
    The FAA agrees to clarify. The previous format of the FAA's
airworthiness limitation ADs included a paragraph that specified that
no alternative actions (e.g., inspections) or intervals may be used
unless the actions or intervals are approved as an alternative method
of compliance

(AMOC) in accordance with the procedures specified in the AMOCs
paragraph under ``Other FAA Provisions.'' This new format includes a
``New Provisions for Alternative Actions and Intervals'' paragraph that
does not specifically refer to AMOCs, but operators may still request
an AMOC to use an alternative action, interval, or CDCCL. This AD has
not been changed regarding this request.

Conclusion

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

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0034 describes airworthiness limitations for system
equipment maintenance requirements.
    This AD also requires Airbus SAS A318/A319/A320/A321 Airworthiness
Limitations Section (ALS) Part 4, ``System Equipment Maintenance
Requirements (SEMR),'' Revision 05, dated April 6, 2017, which the
Director of the Federal Register approved for incorporation by
reference as of September 14, 2018 (83 FR 39581, August 10, 2018).
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 1,553 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2018-16-04 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. In the past, the agency has estimated that this action
takes 1 work-hour per airplane. Since operators incorporate maintenance
or inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate.
    The FAA estimates the total cost per operator for the new actions
to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2017-19-24 Amendment 39-19054
(82 FR 44900, September 27, 2017); and AD 2018-16-04, Amendment 39-
19344 (83 FR 39581, August 10, 2018); and
0
b. Adding the following new AD:

2020-21-10 Airbus SAS: Amendment 39-21283; Docket No. FAA-2020-0449;
Product Identifier 2020-NM-038-AD.

(a) Effective Date

    This AD is effective November 19, 2020.

(b) Affected ADs

    This AD replaces AD 2017-19-24, Amendment 39-19054 (82 FR 44900,
September 27, 2017) (``AD 2017-19-24''); and 2018-16-04, Amendment
39-19344 (83 FR 39581, August 10, 2018) (``AD 2018-16-04'').

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category, with an original airworthiness certificate or original
export certificate of airworthiness issued on or before November 7,
2019.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, and -153N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX,
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address the risks associated with the effects of
aging on airplane systems. Such effects could change system
characteristics, leading to an increased potential for failure of
certain life-limited parts, and reduced structural integrity or
controllability of the airplane.

(f) Compliance

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

(g) Retained Maintenance or Inspection Program Revision, With No
Changes

    This paragraph restates the requirements of paragraph (g) of AD
2018-16-04, with no changes. Within 90 days after September 14, 2018
(the effective date of AD 2018-16-04),

revise the existing maintenance or inspection program, as
applicable, to incorporate Airbus SAS A318/A319/A320/A321
Airworthiness Limitations Section (ALS) Part 4, ``System Equipment
Maintenance Requirements (SEMR),'' Revision 05, dated April 6, 2017.
The initial compliance time for doing the revised actions is at the
applicable time specified in Airbus SAS A318/A319/A320/A321 ALS Part
4, ``System Equipment Maintenance Requirements (SEMR),'' Revision
05, dated April 6, 2017. Accomplishing the maintenance or inspection
program revision required by paragraph (i) of this AD terminates the
requirements of this paragraph.

(h) Retained No Alternative Actions or Intervals, With a New Exception

    This paragraph restates the requirements of paragraph (h) of AD
2018-16-04, with a new exception. Except as required by paragraph
(i) of this AD, after the maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions or intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (l)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (j) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0034, dated February 25, 2020 (``EASA AD 2020-0034'').
Accomplishing the maintenance or inspection program revision
required by this paragraph terminates the requirements of paragraph
(g) of this AD.

(j) Exceptions to EASA AD 2020-0034

    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0034 do not apply to this AD.
    (2) Paragraph (3) of EASA 2020-0034 specifies revising ``the
AMP'' within 12 months after its effective date, but this AD
requires revising the existing maintenance or inspection program, as
applicable, to incorporate the ``tasks and associated thresholds and
intervals'' specified in paragraph (3) of EASA 2020-0034 within 90
days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA 2020-0034 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2020-0034, or
within 90 days after the effective date of this AD, whichever occurs
later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0034 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0034 does not apply
to this AD.

(k) New Provisions for Alternative Actions and Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (i) of this AD, no alternative actions (e.g.,
inspections) and intervals are allowed unless they are approved in
the provisions of the ``Ref. Publications'' section of EASA AD 2020-
0034.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (m) of this AD. Information may be emailed to<EMAIL_ADDRESS>    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (ii) AMOCs approved previously for AD 2018-16-04 are approved as
AMOCs for the corresponding provisions of EASA AD 2020-0034 that are
required by paragraph (g) of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0034 that contains RC procedures and
tests: Except as required by paragraph (l)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(m) Related Information

    For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, Large Aircraft Section, International
Validation, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(n) 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.
    (3) The following service information was approved for IBR on
November 19, 2020.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0034,
dated February 25, 2020 (``EASA AD 2020-0034'').
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
September 14, 2018 (83 FR 39581, August 10, 2018).
    (i) Airbus SAS A318/A319/A320/A321 Airworthiness Limitations
Section (ALS) Part 4, ``System Equipment Maintenance Requirements
(SEMR),'' Revision 05, dated April 6, 2017.
    (ii) [Reserved]
    (5) For EASA AD 2019-0256, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (6) For Airbus service information identified in this AD,
contact Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93
36 96; fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
internet https://www.airbus.com.
    (7) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0102.
    (8) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 2, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-22758 Filed 10-14-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 181 (Tuesday, September 18, 2012)]
[Notices]
[Pages 57635-57637]
[FR Doc No: 2012-22914]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67841; File No. SR-NYSEArca-2012-99]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca
Equities Rule 7.31(d) To Provide That an Inside Limit Order Designated
as a Primary Until 9:45 Order or a Primary After 3:55 Order Will Follow
the Order Processing of an Inside Limit Order Only When the Order Is On
the NYSE Arca Book

September 12, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on August 31, 2012, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Equities Rule 7.31(d) to
provide that an Inside Limit Order designated as a Primary Until 9:45
Order or a Primary After 3:55 Order will follow the order processing of
an Inside Limit Order only when the order is on the NYSE Arca Book.
    The text of the proposed rule change is available on the Exchange's
Web site at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend NYSE Arca Equities Rule 7.31(d) to
provide that an Inside Limit Order designated as either a Primary Until
9:45 Order or a Primary After 3:55 Order will follow the order
processing of an Inside Limit Order only when the order is on the NYSE
Arca Book and to clarify that the order processing of the inside limit
order is repeated at each next best displayed price.
    As defined in NYSE Arca Equities Rule 7.31(d), an Inside Limit
Order is a Limit Order, which, if routed away pursuant to NYSE Arca
Equities Rule 7.37(d), will be routed to the market participant with
the best displayed price. Any unfilled portion of the order will not be
routed to the next best price level until all quotes at the current
best bid or offer are exhausted. Once each current best bid or offer is
exhausted, Exchange systems will repeat the process at each new best
displayed price level until the order is filled or no longer
marketable.
    The Exchange proposes to amend Rule 7.31(d) to clarify that this
process is repeated at each next best displayed price. Once the Inside
Limit Order is no longer marketable it will be ranked in the NYSE Arca
Book pursuant to NYSE Arca Equities Rule 7.36. An Inside Limit Order is
``marketable'' when it is priced to buy (sell) at or above (below) the
national best bid or offer for the security.
    The purpose of the Inside Limit Order is to assess away market
displayed interest on a price-by-price basis, thereby slowing down the
routing of such order, rather than simultaneously routing an order to
away markets at

potentially multiple prices. For example, if the national best bid and
offer is 10.10 by 10.12, and the Exchange receives an order to buy with
a limit of 10.15, in addition to executing with the interest on the
Exchange's book, the Exchange will route the balance of the order to
all protected quotes, including quotes with an inferior price than the
NBO (e.g., any protected offers priced at 10.13 or higher), up to the
limit order price of 10.15.\4\ By contrast, an Inside Limit Order with
a price of 10.15 would be matched with interest on the Arca Book and
routed only to away market interest priced at the NBO of 10.12. After
routing to the 10.12 offer(s), Exchange systems will reevaluate the
next best displayed offer price, and route to that single price point
and continue such assessment at each price point until either the limit
order has been filled, or there is no further interest available to
satisfy the limit order price either at the Exchange or at away
markets.
---------------------------------------------------------------------------

    \4\ See NYSE Arca Equities Rule 7.37(d)(2)(B).
---------------------------------------------------------------------------

    As defined in NYSE Arca Equities Rule 7.31(oo), a Primary Until
9:45 Order is an Order entered for participation on the primary market
until 9:45 a.m. Eastern Time, after which time the order is cancelled
on the primary market and entered on the NYSE Arca Book. Orders that
return to the NYSE Arca Book after routing to the primary market will
retain their original order attributes.
    As defined in NYSE Arca Equities Rule 7.31(pp), a Primary After
3:55 Order is an Order entered for participation on the Exchange until
3:55 p.m. Eastern Time (12:55 p.m. Pacific Time) after which time the
order is cancelled on the Exchange and an order is entered for
participation on the primary market. Orders that route to the primary
market at 3:55 p.m. Eastern Time will retain their original order
attributes.
    As currently defined, the Primary Until 9:45 Order and Primary
After 3:55 Order are available to orders entered for participation on
the Exchange, except for orders that, by definition, do not route, and
currently, Inside Limit Orders. The Exchange proposes to amend NYSE
Arca Equities Rule 7.31(d) to clarify that when an Inside Limit Order
is designated as a Primary Until 9:45 Order or as a Primary After 3:55
Order, it will follow the order processing set forth in Rule 7.31(d),
i.e., that if routed, it would be routed to the market participant with
the best displayed price, only when the Inside Limit Order is on the
NYSE Arca Book. Accordingly, when an Inside Limit Order is routed to
the primary market pursuant to the terms of a Primary Until 9:45 Order
or a Primary After 3:55 Order, such order will be routed as a straight
limit order to the primary market, and the order processing of an
Inside Limit Order will be applicable only if it returns to the NYSE
Arca Book (in the case of a Primary Until 9:45 Order) or before it is
routed to the primary market (in the case of a Primary After 3:55
Order). The Exchange is proposing this rule change to make clear that
the routing process of the Inside Limit Order, i.e., routing to the
best displayed price, will not be in effect when the Primary Until 9:45
Order or Primary After 3:55 Order is applicable, because during those
periods, the entirety of the order would be routed to the primary
market, regardless of whether the primary market is displaying the best
price.
    The Exchange believes that the proposed rule change provides
transparency in the rules regarding the order processing applicable to
Inside Limit Orders when such an order is routed to a primary market
pursuant to the terms of a Primary Until 9:45 Order or a Primary After
3:55 Order.
    The Exchange will announce the implementation date of the proposed
rule change in a Trader Update to be published no later than 30 days
following the date of filing. The implementation date will be no later
than 30 days following publication of the Trader Update announcing the
rule change.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\5\ in general, and
furthers the objectives of Section 6(b)(5),\6\ in particular, because
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system and,
in general, to protect investors and the public interest. The Exchange
believes that the proposed change to the Inside Limit Order meets these
requirements because it provides that the order processing of an Inside
Limit Order will only be applicable when such an order is on the NYSE
Arca Book, and will not be applicable if the order is routed to a
primary market pursuant to the terms of a Primary Until 9:45 Order or
Primary After 3:55 Order. Accordingly, the proposed rule change will
remove impediments to and perfect the mechanism of a free and open
market and national market system by providing transparency in the
rules regarding the order processing applicable to Inside Limit Orders
when such an order is routed to a primary market pursuant to the terms
of a Primary Until 9:45 Order or a Primary After 3:55 Order.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \7\ and Rule 19b-4(f)(6) thereunder.\8\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \8\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing,

including whether the proposed rule change is consistent with the Act.
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2012-99 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2012-99. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2012-99 and should
be submitted on or before October 9, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-22914 Filed 9-17-12; 8:45 am]
BILLING CODE 8011-01-P