[Federal Register Volume 76, Number 245 (Wednesday, December 21, 2011)]
[Notices]
[Page 79170]
[FR Doc No: 2011-32581]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR11-73-002]

Southcross CCNG Transmission Ltd.; Notice of Motion for Extension
of Rate Case Filing Deadline

    Take notice that on December 13, 2011, Southcross CCNG Transmission
Ltd. (Southcross CCNG) filed a request for an extension consistent with
the Commission's revised policy of periodic review from a triennial to
a five year period. The Commission in Order No. 735 modified its policy
concerning periodic reviews of rates charges by section 311 and Hinshaw
pipelines to extend the cycle for such reviews from three to five
years.\1\ Therefore, Southcross CCNG requests that the date for its
next rate filing be extended to April 20, 2015, which is five years
from the date of Southcross CCNG's most recent rate filing with this
Commission.
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    \1\ Contract Reporting Requirements of Intrastate Natural Gas
Companies, Order No. 735, 131 FERC ] 61,150 (May 20, 2010).
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    Any person desiring to participate in this rate proceeding must
file a motion to intervene or to protest this filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 27, 2011.

    Dated: December 14, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-32581 Filed 12-20-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Rules and Regulations]
[Pages 68614-68615]
[FR Doc No: 2022-24909]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1052; Project Identifier MCAI-2022-00654-T;
Amendment 39-22216; AD 2022-22-01]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A350-941 airplanes. This AD was prompted by a
report that the path for the grounding wire of the engine fire shut off
valve (FSOV) is routed through the wing trailing edge, which is not the
shortest path available. This AD requires modifying the wiring between
the inboard fixed leading edge in the wing and in the forward cargo
compartment on the left- and right-hand sides, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is incorporated
by reference. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective December 21, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 21,
2022.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1052; 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, the mandatory continuing airworthiness
information (MCAI), 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.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, 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 at ad.easa.europa.eu.
     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>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2022-1052.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A350-941 airplanes. The NPRM published in the Federal Register on
August 15, 2022 (87 FR 50009). The NPRM was prompted by AD 2022-0088,
dated May 17, 2022 (EASA AD 2022-0088), issued by EASA, which is the
Technical Agent for the Member States of the European Union (referred
to after this as the MCAI). The MCAI states that the path for the
grounding wire of the engine FSOV is routed through the wing trailing
edge, which is not the shortest path available. This condition could
increase the possibility of an engine FSOV unavailability in the event
of an uncontained engine rotor failure, which could result in an
uncontrolled engine fire.
    In the NPRM, the FAA proposed to require modifying the wiring
between the inboard fixed leading edge in the wing and in the forward
cargo compartment on the left- and right-hand sides, as specified in
EASA AD 2022-0088. The FAA is issuing 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-2022-1052.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.

Conclusion

    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 reviewed the relevant data, considered the
comment received, and determined that air safety requires adopting this
AD as proposed. Accordingly, the FAA is issuing this AD to address the
unsafe condition on this product. Except for minor editorial changes,
this AD is adopted as proposed in the NPRM. None of the changes will
increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0088 specifies procedures for modifying the wiring
between the inboard fixed leading edge in the wing and in the forward
cargo compartment on the left- and right-hand sides. 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 will affect 30 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
33 work-hours x $85 per hour = $2,805........................          $1,300           $4,105         $123,150
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    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.

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2022-22-01 Airbus SAS: Amendment 39-22216; Docket No. FAA-2022-1052;
Project Identifier MCAI-2022-00654-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 21,
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 airplanes,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2022-0088, dated May 17, 2022 (EASA
AD 2022-0088).

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic
power.

(e) Unsafe Condition

    This AD was prompted by a report that the path for the grounding
wire of the engine fire shut off valve (FSOV) is routed through the
wing trailing edge, which is not the shortest path available. The
FAA is issuing this AD to address an increased possibility of an
engine FSOV unavailability in the event of an uncontained engine
rotor failure, which could result in an uncontrolled engine fire.

(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, EASA AD 2022-0088.

(h) Exceptions to EASA AD 2022-0088

    (1) Where EASA AD 2022-0088 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2022-0088 does not apply
to this AD.

 (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 Airbus SAS Model's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(j) Additional Information

    For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference 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 2022-0088,
dated May 17, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0088, 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 at ad.easa.europa.eu.
    (4) 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>.
    (5) 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 protected], or go to: archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 12, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-24909 Filed 11-15-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 48 (Thursday, March 12, 2015)]
[Notices]
[Pages 13049-13051]
[FR Doc No: 2015-05605]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74453; File No. SR-Phlx-2015-10]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rule 1082.02 and .03

March 6, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 23, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') a proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 1082.02 and .03, as described
below.
    The text of the proposed rule change is below. Proposed new
language is italicized. Proposed deletions are in brackets.
* * * * *

Rule 1082. Firm Quotations

    (a)-(d) No change.
    .01 No change.
    .02 Locked Markets. In the event that an SQT, RSQT, and/or
specialist's electronically submitted quotations interact with the
electronically submitted quotations of other SQTs, RSQTs and/or the
specialist, resulting in the dissemination of a ``locked'' quotation
(e.g., $1.00 bid--1.00 offer), the [following shall occur:
    (a) The Exchange will disseminate the locked market and both
quotations will be deemed ``firm'' disseminated market quotations;
    (b) A ``counting period'' not to exceed .25 of one second will
begin during which SQTs, RSQTs and/or specialists whose quotations are
locked may eliminate the locked market. Provided, however, that in
accordance with subparagraph (a) above, such SQT, RSQT and/or
specialist shall be obligated to execute orders at their disseminated
quotation. The duration of the counting period will be established by
the Exchange, will be the same for all options traded on the Exchange,
and will not exceed .25 of one second. The duration of the counting
period will be published in an Options Trader Alert, which will be
available on the Exchange's Web site.
    During the counting period SQTs and specialists located in the
Crowd Area in which the option that is the subject of the locked market
is traded will continue to be obligated to respond to Floor Brokers as
set forth in Rule 1014, Commentary .05(c), and will continue to be
obligated for one contract in open outcry to other SQTs, non-SQT ROTs,
and specialists. If at the end of the counting period the quotations
remain locked, the] locked quotations will automatically execute
against each other in accordance with the allocation algorithm set
forth in Rule 1014(g)(vii).
    [The quotation that is locked may be executed by an order during
the counting period.]
    .03 Crossed Markets. The Exchange will not disseminate an
internally crossed market (e.g., $1.10 bid, 1.00 offer). If an SQT,
RSQT or specialist electronically submits a quotation [in a Streaming
Quote Option] (``incoming quotation'') that would cross an existing
quotation (``existing quotation''), the Exchange will[: (i)] Change the
incoming quotation such that it locks the existing quotation and
automatically execute the locked quotations against each other in
accordance with the allocation algorithm set forth in Rule
1014(g)(vii).
    [; (ii) send a notice to the SQT, RSQT or specialist that submitted
the existing quotation indicating that its quotation was crossed; and
(iii) send a notice to the specialist, SQT or RSQT that submitted the
incoming quotation, indicating that its quotation crossed the existing
quotation and was changed. Such a locked market shall be handled in
accordance with Commentary .01 above. During the counting period, if
the existing quotation is cancelled subsequent to the time the incoming
quotation is changed, the incoming quotation will automatically be
restored to its original terms.]
* * * * *

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

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

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

1. Purpose
    The purpose of the proposal is to amend two commentaries to Rule
1082 because the timers no longer operate. Rule 1082.02 currently
addresses what occurs when a Streaming Quote Trader's (``SQT''), Remote
SQT's (``RSQT''), and/or specialist's electronically submitted
quotations interact with the electronically submitted quotations of
other SQTs, RSQTs and/or the specialist. Under this provision, the
Exchange disseminates the resulting locked market and both quotations
are deemed ``firm'' disseminated market quotations. Furthermore, a
counting period not to exceed .25 of one second may begin during which
SQTs, RSQTs and/or specialists whose quotations are locked may
eliminate the locked market, provided, however, that such SQT, RSQT
and/or specialist shall nevertheless be obligated to execute orders at
that price. The rule provides that the duration of the counting period
is established by the Exchange, will be the same for all options traded
on the Exchange and will not exceed .25 of one second.\3\ In March
2010, the Exchange reduced this counting period to zero, which is
within the range contemplated by the rule (does not exceed .25 of one

second).\4\ The result is that any such locking quotations trade
immediately with no delay. Accordingly, the Exchange is proposing to
amend Rule 1080.02 to reflect this.
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    \3\ The duration of the counting period is the same for all
options traded on the Exchange and is published in an Options Trader
Alert, which is available on the Exchange's Web site.
    \4\ See http://www.nasdaqtrader.com/MicroNews.aspx?id=OTA2010-16
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    Similarly, Rule 1082.03 currently addresses what occurs when an
SQT's, RSQT's, and/or specialist's electronically submitted quotations
cross the electronically submitted quotations of other SQTs, RSQTs and/
or the specialist. Under the rule, the resulting crossed market is not
disseminated, but rather the incoming crossing quotation is changed
such that it locks the existing quotation and the crossing SQT, RSQT or
specialist is notified thereof. The specialist, SQT or RSQT that
submitted the existing quotation is notified that the quotation was
crossed. The locked market is disseminated for the time of the counting
period. In March 2010, the Exchange reduced this counting period to
zero as well. The result is that any such crossing quotations trade
immediately with no delay at the locked price.\5\ Accordingly, the
Exchange is proposing to amend Rule 1080.02 [sic] to reflect this. As
part of deleting the counting period respecting crossed quotations, the
Exchange is also eliminating the notice to the SQT, RSQT or specialist
that submitted the existing quotation indicating that its quotation was
crossed as well as the notice to the specialist, SQT or RSQT that
submitted the incoming quotation indicating that its quotation crossed
the existing quotation, because such notice is no longer necessary. The
purpose of the notice was to inform the SQT, RSQT or specialist of the
counting period in case the SQT, RSQT or specialist sought to update
the quotation; now that an automatic execution occurs, the quotation
cannot be updated because a trade will already have occurred.
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    \5\ Id.
---------------------------------------------------------------------------

    The Exchange believes that eliminating the counting period in both
situations is appropriate because it results in an immediate execution;
it also eliminates potential firm quote concerns respecting those
quotations during the counting period.
    Noting that the counting periods have been set to zero, the
Exchange eliminated the counting period from its system altogether and
is now updating its rule to reflect that. The Exchange believes that
its electronic quoting participants (SQTs, RSQTs and specialists)
benefit from an immediate execution, because they have certainty of
what has executed right away and can determine how to update their
quotes afterwards.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \6\ in general, and furthers the objectives of Section
6(b)(5) of the Act \7\ in particular, in that it is designed to promote
just and equitable principles of trade and protect investors and the
public interest by permitting locking and crossing quotations to trade
immediately, without a delay. Specifically, such immediate execution
without a delay timer should help the market operate more efficiently.
Moreover, market making participants can submit new quotes to the
marketplace more quickly after such executions.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 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 not necessary or appropriate in
furtherance of the purposes of the Act. In fact, the immediate
executions under this proposal should help the Exchange compete with
other exchanges. With respect to intra-market competition among
specialists, SQTs and RSQTs, such competition should be enhanced,
because their respective quotations execute immediately, without a
delay.

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

    No written comments were either solicited or received.

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 \8\ and Rule 19b-4(f)(6) thereunder.\9\
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 for 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 \10\ and Rule 19b-
4(f)(6)(iii) thereunder.\11\
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    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately upon filing. The
Commission previously recognized that continued locking and crossing of
the market can negatively impact market quality.\14\ The Commission
notes that the Exchange's proposal is designed to trade locked or
crossed quotations without delay. The Commission believes that waiver
of the operative delay is consistent with the protection of investors
and the public interest because such waiver would allow the Exchange to
implement a rule that would provide for the immediate execution of
locked or crossed markets. Accordingly, the Commission hereby waives
the 30-day operative delay and designates the proposal operative upon
filing.\15\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ See Securities Exchange Act Release No. 34-43863 (August
23, 2002), 67 FR 55897, 55900 n.37 (August 30, 2002) (SR-NASD-2002-
56).
    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

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-Phlx-2015-10 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2015-10. 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
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices of the Exchange.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-Phlx-2015-10,
and should be submitted on or before April 2, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-05605 Filed 3-11-15; 8:45 am]
BILLING CODE 8011-01-P


Re: Consultation on EPA's Proposed Rulemaking for Greenhouse Gas
Emissions from Electric Utility Steam Generating Units:  Executive Order
13132, "Federalism"

Dear Intergovernmental Association Colleague:

The purpose of this letter is to seek your input on the Environmental
Protection Agency's (EPA) forthcoming proposed rulemaking for greenhouse
gas (GHG) emissions from fossil fuel-fired electric utility steam
generating units (EGUs).  Specifically, EPA plans to propose new source
performance standards (NSPS) for GHG emissions from new and modified
fossil fuel-fired EGUs and emission guidelines for GHG emissions from
existing fossil fuel-fired EGUs.  To that end, we would like to invite
you to a meeting to be held at EPA’s Ariel Rios North building in room
1332 on April 12, 2011, from 2:00 p.m. to 4:00 p.m.  Ariel Rios North is
located at 1200 Pennsylvania Avenue, NW, Washington, DC, and the public
entrance is located on the 12th Street side, next to the Federal
Triangle Metro escalators.

Consultation is requested pursuant to the terms of Executive Order
13132, entitled "Federalism," which directs Federal agencies to consult
with elected State and local government officials, or their
representative national organizations, when developing regulations and
policies that impose substantial compliance costs on state and local
governments.   We currently estimate that approximately 123 state/local
jurisdictions own facilities that may be affected by this action.  Those
state/local jurisdictions will be required to comply with the standards
when finalized.  Additionally, state/local jurisdictions to which EPA
has delegated authority will be directly involved in implementing and
enforcing the standards.

Pursuant to this consultation process, EPA is contacting the National
Governors Association, the National Conference of State Legislatures,
the Council of State Governments, the National League of Cities, the
U.S. Conference of Mayors, the County Executives of America, the
National Association of Counties, the International City/County
Management Association, the National Association of Towns and Townships,
and the Environmental Council of the States to inform them and seek
their input for this rulemaking.  The National Association of Clean Air
Agencies also will be invited to participate as technical observers.

The proposed NSPS would be issued under authority of Clean Air Act (CAA)
section 111(b).  In addition to the NSPS requirements established for
new and modified sources, for pollutants not regulated under other parts
of the CAA, EPA must establish emission guidelines under CAA section
111(d).  States use the emission guidelines to develop plans for
reducing emissions from existing sources.  The guidelines include
targets based on demonstrated controls, emission reductions, costs and
expected timeframes for installation and compliance, and can be less
stringent than the requirements imposed on new sources.

The proposed regulations would apply to EGUs capable of combusting more
than 250 million British thermal units per hour (MMBtu/hr) heat input of
fossil fuel.  An “electric utility steam generating unit” is any
steam electric generating unit that is constructed for the purpose of
supplying more than one-third of its potential electric output capacity
and more than 25 megawatts electric (MWe) output to any utility power
distribution system for sale.  Fossil fuel means natural gas, petroleum,
coal, and any form of solid, liquid, or gaseous fuel derived from such
material for the purpose of creating useful heat.  The regulations would
not apply to stationary combustion turbines or natural gas combined
cycle (NGCC) facilities.  The regulations would, however, apply to
integrated gasification combined cycle (IGCC, i.e., “coal
gasification”) units.

Under a settlement agreement announced by EPA on December 23, 2010, the
proposed regulations would be issued by July 26, 2011, and after
considering any public comments received concerning the proposed
regulations, final regulations would be issued by May 26, 2012.  The
purpose of the meeting will be to provide you with general background on
this action and to answer questions you may have.  We would appreciate
any input you can provide at the meeting.  In addition, it would be most
helpful if you could provide your written comments to us within
forty-five days after the meeting, so as to inform our discussions as we
develop the proposed rule.  Please let us know if you will be able to
attend by contacting Andrew Hanson in EPA's Office of Congressional and
Intergovernmental Relations at<EMAIL_ADDRESS>or at<PHONE_NUMBER>.

If you have questions or concerns regarding the rule or the consultation
process, you may contact Robert J. Wayland of EPA’s Office of Air
Quality Planning and Standards at<EMAIL_ADDRESS>or
919-541-1045.


[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Rules and Regulations]
[Pages 43457-43459]
[FR Doc No: 2017-19658]

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

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

The Code of Federal Regulations is sold by the Superintendent of Documents.

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

Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8177; Product Identifier 2015-NM-129-AD; Amendment
39-19041; AD 2017-19-11]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. This AD
was prompted by a determination that a certain task in the aircraft
maintenance manual (AMM) will not accomplish the intent of a candidate
certification maintenance requirement (CCMR) for detecting dormant
failures of the pitch feel (PF) and rudder travel limiter actuator
(RTLA) back-up modules. This AD requires doing an operational test of
the flight control unit (FCU) back-up modules, and repair if necessary.
We are issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective October 23, 2017.

ADDRESSES:

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
8177; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Assata Dessaline, Aerospace Engineer,
Avionics and Services Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax 516-
794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Bombardier, Inc.,
Model BD-700-1A10 and BD-700-1A11 airplanes. The NPRM published in the
Federal Register on July 15, 2016 (81 FR 45997) (``the NPRM''). The
NPRM was prompted by a determination that a certain task in the AMM
will not accomplish the intent of a CCMR. This CCMR task tests the PF
and RTLA back-up modules in the FCU to detect dormant failures. The
NPRM proposed to require doing an operational test of the FCU back-up
modules, and repair if necessary. We are issuing this AD to detect and
correct a dormant failure of both FCU back-up modules. This condition,
in combination with other failures in the FCU, may result in the
inability to maintain the minimum control requirements for the PF and
RTLA, which could create hazardous flight control inputs during flight.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2015-06R1, dated April 22, 2015 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Bombardier, Inc., Model BD-700-
1A10 and BD-700-1A11 airplanes. The MCAI states:

    It was discovered that the existing instruction in the Aircraft
Maintenance Manual (AMM) Task 27-61-05-710-801 will not accomplish
the intent of the * * * [Canadian Certification Maintenance
Requirement (CCMR)] task number 27-61-05-201. This * * * [CCMR] task
was required to test the Pitch Feel (PF) and Rudder Travel Limiter
Actuator (RTLA) back-up modules in the Flight Control Unit (FCU) to
detect dormant failures. If not detected, a dormant failure of both
FCU back-up modules, in combination with other failures in the FCU,
may result in the inability to maintain the Minimum Control
Requirements for the PF and RTLA, which could create hazardous
flight control inputs during flight.
    The original issue of this [Canadian] AD mandated the
performance of an operational test of the FCU back-up modules using
the proper AMM task instructions [and repair if necessary].
    Revision 1 of this [Canadian] AD is to correct the model number
designation in the Applicability section.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
8177.

Comments

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

Requests To Clarify Task Type

    Bombardier, Inc. (Bombardier), and NetJets Aviation Inc. (NetJets),
requested that we clarify that task 27-61-05-201 is not a CMR task.
Bombardier stated that the task was misidentified as a certification
maintenance requirement (CMR) task during the investigation into the
cause of the identified unsafe condition. Bombardier further explained
that task 27-61-05-201 is a candidate CMR, or CCMR.
    We agree that the task type should be clarified. We have confirmed
that task 27-61-05-201 is a CCMR task. Therefore, we have revised
references to the task throughout this AD accordingly.

Requests To Reference Revised Service Information

    Bombardier, Kacalp Flight Operation, and NetJets, requested that we
revise the NPRM to reference revised service information. The
commenters explained that the temporary revisions (TRs) referenced in
the NPRM have been incorporated into the AMM, as have several
subsequent revisions. The commenters asserted that the referenced TRs
and certain subsequent AMM revisions are not available to operators.
    We partially agree with the commenters' requests. We have confirmed
that the TRs and subsequent AMM revisions referenced in the NPRM are no
longer available. Therefore, we

agree that this final rule needs to be revised. However, given the
number of subsequent AMM revisions that have been issued for each of
the AMMs since the NPRM was published, and the difficulties in
obtaining the necessary material, we do not agree to reference
subsequent AMM revisions in this final rule. Instead, we have revised
paragraph (g) of this AD to specify doing the required actions in
accordance with a method approved by the Manager, New York ACO Branch,
FAA. We have also removed the content provided in paragraphs (h) and
(i) of the proposed AD from this AD. We have redesignated subsequent
paragraphs accordingly.

Request To Revise the Compliance Time for the FCU Operational Test

    NetJets requested that we revise the proposed compliance time for
FCUs with less than 3,000 total flight hours in paragraph (g)(3) of the
proposed AD to the later of the following:
     Prior to 3,000 total flight hours on the FCU; or
     Within 15 months or 700 flight hours after the effective
date of the AD, whichever occurs first.
    NetJets stated that, for an FCU with 2,999 total flight hours on
the effective date of the AD, the proposed AD would require compliance
prior to further flight. NetJets pointed out that no justification was
given for the more restrictive compliance time. Further, NetJets
explained that paragraph (g)(1) of the proposed AD has a grace period
of 15 months or 700 hours flight hours, whichever occurs first for an
FCU that has accumulated 3,000 total flight hours or more.
    We partially agree with the commenter's request. We agree that a
grace period is needed for FCUs having accumulated less than 3,000
total flight hours as of the effective date of this AD, on which an
operational test has not been completed. We do not agree that the
commenter's proposed grace period is adequate to address the unsafe
condition. However, we have revised the compliance time in paragraph
(g)(3) of this AD to provide a grace period of within 30 days after the
effective date of this AD.

Request To Correct Typographical Errors in Paragraph (h)(5) of the
Proposed AD

    Bombardier requested that we correct a typographical error in
paragraph (h)(5) of the proposed AD.
    We agree that there is a typographical error in paragraph (h)(5) of
the proposed AD. However, as explained previously, we have removed the
content of paragraph (h) of the proposed AD from this AD. Therefore, no
change to this AD is necessary in this regard.

Conclusion

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

Costs of Compliance

    We estimate that this AD affects 76 airplanes of U.S. registry. We
also estimate that it will take about 3 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD on U.S. operators to be $19,380, or $255 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2017-19-11 Bombardier, Inc.: Amendment 39-19041; Docket No. FAA-
2016-8177; Product Identifier 2015-NM-129-AD.

(a) Effective Date

    This AD is effective October 23, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-1A10 and BD-
700-1A11 airplanes, certificated in any category, serial numbers
9002 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by a determination that a certain task in
the aircraft maintenance manual (AMM) will not accomplish the intent
of a candidate certification maintenance requirement (CCMR). This
CCMR task tests the pitch feel (PF) and rudder travel limiter
actuator (RTLA) back-up modules in the flight control unit (FCU) to
detect dormant failures. We are issuing this AD to detect and
correct a dormant failure of both FCU back-up modules. This
condition, in combination with other failures in the FCU, may result
in the inability to maintain the minimum control requirements for
the PF and RTLA, which could create hazardous flight control inputs
during flight.

(f) Compliance

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

(g) FCU Operational Test

    (1) For airplanes with an FCU that has accumulated 3,000 total
flight hours or more as of the effective date of this AD: Within 15
months or 700 flight hours, whichever occurs first, after the
effective date of this AD, do an operational test of the FCU back-up
modules, in accordance with a method approved by the Manager, New
York ACO Branch, FAA.
    (2) For airplanes with an FCU that has accumulated less than
3,000 total flight hours as of the effective date of this AD, and on
which an operational test has been accomplished as specified in AMM
task 27-61-05-710-801: Within 15 months or 700 flight hours,
whichever occurs first, after the effective date of this AD, do an
operational test of the FCU back-up modules, in accordance with a
method approved by the Manager, New York ACO Branch, FAA.
    (3) For airplanes with an FCU that has accumulated less than
3,000 total flight hours as of the effective date of this AD, and on
which an operational test has not been accomplished as specified in
AMM task 27-61-05-710-801: Before the FCU accumulates 3,000 total
flight hours or within 30 days after the effective date of this AD,
whichever occurs later, perform an operational test of the FCU back-
up modules, in accordance with a method approved by the Manager, New
York ACO Branch, FAA.

 (h) Corrective Action

    If any FCU fails any operational test required by this AD:
Before further flight, repair using a method approved by the
Manager, New York ACO Branch, FAA; or Transport Canada Civil
Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval
Organization (DAO).

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO 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 certification office, send it
to ATTN: Program Manager, Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before using any approved
AMOC, notify your appropriate principal inspector, or lacking a
principal inspector, the manager of the local flight standards
district office/certificate holding district office. The AMOC
approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved by
the DAO, the approval must include the DAO-authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2015-06R1, dated April
22, 2015, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2016-8177.
    (2) For more information about this AD, contact Assata
Dessaline, Aerospace Engineer, Avionics and Services Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

(k) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on September 7, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-19658 Filed 9-15-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Rules and Regulations]
[Pages 22351-22354]
[FR Doc No: 2018-09864]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9523; Product Identifier 2016-NM-134-AD; Amendment
39-19270; AD 2018-09-13]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. This AD was prompted by reports indicating additional
cracking in the inspar upper skin at wing buttock line (WBL) 157 and in
the skin at two holes common to the rear spar in the same area, and
rear spar web cracks were also noted on both wings. Subsequent
inspections revealed that the right rear spar upper chord was almost
completely severed and the left rear spar upper chord was completely
severed. Additional reports identified cracking in the main landing
gear (MLG) beam forward support fitting. This AD requires the
installation of standard-size fasteners for a certain configuration and
inspections for any crack in certain locations of the rear spar. We are
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective June 19, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 19,
2018.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
You may view this service information at the FAA, Transport Standards
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 on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2016-9523.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9523; 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, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is Docket Operations, 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: Payman Soltani, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all The Boeing Company
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The
NPRM published in the Federal Register on January 5, 2017 (82 FR 1254).
The NPRM was prompted by reports of cracking in locations outside the
inspection area identified in AD 2014-12-13, Amendment 39-17874 (79 FR
39300, July 10, 2014) (``AD 2014-12-13''), in the inspar upper skin at
WBL 157 and in the skin at two holes common to the rear spar in the
same area, and in the rear spar web on both wings. Subsequent
inspections revealed that the right rear spar upper chord was almost
completely severed and the left rear spar upper chord was completely
severed. Operators also reported cracking in the MLG beam forward
support fitting.
    We subsequently issued a supplemental notice of proposed rulemaking
(SNPRM) which was published in the Federal Register on August 11, 2017
(83 FR 37549) (``the first SNPRM''). The first SNPRM proposed to
require expanding the inspection area, add applicable related
investigative and corrective actions, and to terminate (rather than
supersede) the requirements of AD 2014-12-13 after accomplishment of
the initial inspections.
    We issued a second SNPRM which was published in the Federal
Register on January 17, 2018 (83 FR 2378) (``the 2018 SNPRM''). The
2018 SNPRM proposed to require the installation of standard-size
fasteners for a certain

configuration. We are issuing this AD to address cracking of the
forward and aft support fittings for the main landing gear beam, and
the rear spar upper chord and rear spar web in the area of rear spar
station 224.14, which could grow and result in a fuel leak and possible
fire.

Comments

    We gave the public the opportunity to participate in developing
this final rule. We have considered the comment received. Boeing
supported the 2018 SNPRM.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this final rule as proposed, except for minor editorial changes. We
have determined that these minor changes:
     Are consistent with the intent that was proposed in the
2018 SNPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the 2018 SNPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-57A1318, Revision 1,
dated July 22, 2016. This service information describes procedures for
repetitive high frequency eddy current (HFEC) open hole inspections for
any cracking in the forward support fitting, the aft support fitting,
the rear spar upper chord, and the rear spar web at the 12 fastener
holes (locations 1-12). This service information also describes
procedures for optional HFEC open hole inspections for any cracking in
the forward support fitting, the aft support fitting, the rear spar
upper chord, and the rear spar web, and HFEC surface inspections for
any cracking in the rear spar upper chord and rear spar upper web, as
applicable. This service information also describes procedures for
related investigative and corrective actions.
    We also reviewed Boeing Alert Service Bulletin 737-57A1328, dated
July 22, 2016. This service information describes procedures for
repetitive eddy current inspections of the left and right wing for any
cracking in the inspar upper skin and at the repair parts if
applicable, and related investigative and corrective actions.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 471 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
HFEC open hole inspections.......  82 work-hours x $85              $0  $6,970 per           $3,282,870 per
                                    per hour = $6,970                    inspection cycle.    inspection cycle.
                                    per inspection
                                    cycle.
Eddy current inspection..........  14 work-hours x $85              $0  $1,190 per           $560,490 per
                                    per hour = $1,190                    inspection cycle.    inspection cycle.
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------

                                      Estimated Costs for Optional Actions
----------------------------------------------------------------------------------------------------------------
                 Action                           Labor cost            Parts cost         Cost per product
----------------------------------------------------------------------------------------------------------------
Inspection..............................  Up to 41 work-hours x $85               $0  Up to $1,641,435 per
                                           per hour = $3,485 per                       inspection cycle.
                                           inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that will enable us to provide
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

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) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities

under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2018-09-13 The Boeing Company: Amendment 39-19270; Docket No. FAA-
2016-9523; Product Identifier 2016-NM-134-AD.

(a) Effective Date

    This AD is effective June 19, 2018.

(b) Affected ADs

    This AD affects AD 2014-12-13, Amendment 39-17874 (79 FR 39300,
July 10, 2014) (``AD 2014-12-13''); and AD 2015-21-08, Amendment 39-
18301 (80 FR 65921, October 28, 2015) (``AD 2015-21-08'').

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 737-100, -
200, -200C, -300, -400, and -500 series airplanes, certificated in
any category.
    (2) Installation of Supplemental Type Certificate (STC)
ST01219SE does not affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes on which STC ST01219SE
is installed, a ``change in product'' alternative method of
compliance (AMOC) approval request is not necessary to comply with
the requirements of 14 CFR 39.17.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of additional cracking in the
inspar upper skin at wing buttock line 157 and in the skin at two
holes common to the rear spar in the same area; rear spar web cracks
were also noted on both wings. Subsequent inspections revealed that
the right rear spar upper chord was almost completely severed and
the left rear spar upper chord was completely severed. Additional
reports identified cracking in the main landing gear (MLG) beam
forward support fitting. We are issuing this AD to detect and
correct cracking of the forward and aft support fittings for the MLG
beam, and the rear spar upper chord and rear spar web in the area of
rear spar station 224.14, which could grow and result in a fuel leak
and possible fire.

(f) Compliance

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

(g) Required Actions for Group 1 Airplanes (MLG Support Fittings and
Rear Spar)

    For airplanes identified as Group 1 in Boeing Alert Service
Bulletin 737-57A1318, Revision 1, dated July 22, 2016: At the
applicable time specified in table 1 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-57A1318,
Revision 1, dated July 22, 2016, do applicable inspections and
corrective actions using a method approved in accordance with the
procedures specified in paragraph (l) of this AD.

(h) Required Actions for Groups 2-7 Airplanes (MLG Support Fittings and
Rear Spar)

    For airplanes identified as Groups 2-7 in Boeing Alert Service
Bulletin 737-57A1318, Revision 1, dated July 22, 2016: At the
applicable time specified in table 2 through table 9 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-57A1318,
Revision 1, dated July 22, 2016, except as required by paragraph
(j)(3) of this AD, do high frequency eddy current (HFEC) open hole
inspections for any cracking in the forward support fitting, the aft
support fitting, the rear spar upper chord, and the rear spar web at
the 12 fastener holes (locations 1-12); or HFEC open hole
inspections for any cracking in the forward support fitting, the aft
support fitting, the rear spar upper chord, and the rear spar web,
and an HFEC surface inspection for any cracking in the rear spar
upper chord and rear spar upper web; as applicable; and do all
applicable related investigative and corrective actions; in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016,
except as provided by paragraph (h)(1) of this AD, and except as
required by paragraphs (h)(2) and (j)(1) of this AD. Do all
applicable related investigative and corrective actions before
further flight. Thereafter, repeat the HFEC inspection at the
applicable time specified in table 2 through table 9 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-57A1318,
Revision 1, dated July 22, 2016.
    (1) Options provided in Boeing Alert Service Bulletin 737-
57A1318, Revision 1, dated July 22, 2016, for accomplishing the
inspection are acceptable for the corresponding requirements in the
introductory text of paragraph (h) of this AD, provided that the
inspections are done at the applicable times in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-57A1318,
Revision 1, dated July 22, 2016.
    (2) For Group 7, Configuration 1, airplanes identified in Boeing
Alert Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016:
Install standard-size fasteners in accordance with figures 29 and 30
of Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July
22, 2016. If the existing fastener holes exceed the permitted hole
diameter, repair before further flight using a method approved in
accordance with the procedures specified in paragraph (l) of this
AD.

(i) Eddy Current Inspection (Inspar Upper Skin)

    For airplanes identified in Boeing Alert Service Bulletin 737-
57A1328, dated July 22, 2016: At the applicable time specified in
table 1 and table 2 of paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 737-57A1328, dated July 22, 2016, except as
required by paragraph (j)(2) of this AD, do an eddy current
inspection of the left and right wings for any cracking in the
inspar upper skin, and at the repair parts if installed, and do all
applicable related investigative and corrective actions, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-57A1328, dated July 22, 2016, except as
required by paragraph (j)(1) of this AD. Do all related
investigative and corrective actions before further flight.
Thereafter, repeat the eddy current inspection at the applicable
time specified in table 1 and table 2 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-57A1328, dated
July 22, 2016.

(j) Exceptions to the Service Information

    (1) If any cracking is found during any inspection required by
this AD, and Boeing Alert Service Bulletin 737-57A1318, Revision 1,
dated July 22, 2016; or Boeing Alert Service Bulletin 737-57A1328,
dated July 22, 2016; specifies to contact Boeing for appropriate
action: Before further flight, repair using a method approved in
accordance with the procedures specified in paragraph (l) of this
AD.
    (2) Where Boeing Alert Service Bulletin 737-57A1328, dated July
22, 2016, specifies a compliance time ``after the Original Issue
date of this service bulletin,'' this AD requires compliance within
the specified compliance time after the effective date of this AD.
    (3) Where Boeing Alert Service Bulletin 737-57A1318, Revision 1,
dated July 22, 2016, specifies a compliance time ``after the
Revision 1 date of this service bulletin, whichever occurs later,''
this AD requires compliance within the specified compliance time
after the effective date of this AD.

(k) Terminating Action

    (1) Accomplishing the initial inspections and applicable related
investigative and corrective actions required by paragraphs (g),
(h), and (i) of this AD, as applicable, terminates all requirements
of AD 2015-21-08.
    (2) Accomplishing the initial inspections and applicable related
investigative and corrective actions required by paragraphs (g) and
(h) of this AD, as applicable, terminates all requirements of AD
2014-12-13.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO 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 manager of the
certification office, send it to the attention of the person
identified in paragraph (m) of this AD. Information may be emailed
to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, to make those findings. To be
approved, the repair method, modification deviation, or alteration
deviation must meet the certification basis of the airplane, and the
approval must specifically refer to this AD.
    (4) AMOCs approved previously for AD 2014-12-13 are approved as
AMOCs for the corresponding provisions of paragraphs (g) and (h) of
this AD.
    (5) Except as required by paragraph (j)(1) of this AD: For
service information that contains steps that are labeled as Required
for Compliance (RC), the provisions of paragraphs (l)(5)(i) and
(l)(5)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or sub-step is labeled ``RC Exempt,'' then
the RC requirement is removed from that step or sub-step. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled 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 RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(m) Related Information

    For more information about this AD, contact Payman Soltani,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5313; fax:<PHONE_NUMBER>; email: [email protected].

(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 the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated
July 22, 2016.
    (ii) Boeing Alert Service Bulletin 737-57A1328, dated July 22,
2016.
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on April 27, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-09864 Filed 5-14-18; 8:45 am]
 BILLING CODE 4910-13-P