[Federal Register Volume 81, Number 187 (Tuesday, September 27, 2016)]
[Notices]
[Pages 66318-66320]
[FR Doc No: 2016-23223]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78893; File No. SR-OCC-2016-803]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of Advance Notice of and No Objection to the Options
Clearing Corporation's Proposal To Enter Into a New Credit Facility
Agreement

September 21, 2016.
    Pursuant to Section 806(e)(1) of Title VIII of the Dodd-Frank Wall
Street Reform and Consumer Protection Act entitled the Payment,
Clearing, and Settlement Supervision Act of 2010 (``Payment, Clearing
and Settlement Supervision Act'') \1\ and Rule 19b-4(n)(1)(i) \2\ under
the Securities Exchange Act of 1934 (``Act''), notice is hereby given
that, on August 29, 2016, The Options Clearing Corporation (``OCC'')
filed an advance notice (SR-OCC-2016-803) with the Securities and
Exchange Commission (``Commission''). The advance notice is described
in Items I and II below, which Items have been prepared by OCC. The
Commission is publishing this notice to solicit comments on the advance
notice from interested persons, and to provide notice that the
Commission does not object to the changes set forth in the advance
notice and authorizes OCC to implement those changes earlier than 60
days after the filing of the advance notice.
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    \1\ 12 U.S.C. 5465(e)(1).
    \2\ 17 CFR 240.19b-4(n)(1)(i).
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I. Clearing Agency's Statement of the Terms of Substance of the Advance
Notice

    This advance notice is being filed in connection with a proposed
change in the form of the replacement of a revolving credit facility
that OCC maintains for a 364-day term for the purpose of meeting
obligations arising out of the default or suspension of a clearing
member, in anticipation of a potential default by a clearing member, or
the failure of a bank or securities or commodities clearing
organization to perform its obligations due to its bankruptcy,
insolvency, receivership or suspension of operations.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Advance Notice

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

A. Clearing Agency's Statement on Comments on the Advance Notice
Received From Members, Participants or Others

    Written comments were not and are not intended to be solicited with
respect to the advance notice and none have been received.

B. Advance Notice Filed Pursuant to Section 806(e) of the Payment,
Clearing, and Settlement Supervision Act

    This advance notice is being filed in connection with a proposed
change in the form of the replacement of a revolving credit facility
that OCC maintains for a 364-day term for the purpose of meeting
obligations arising out of the default or suspension of a clearing
member, in anticipation of a potential default by a clearing member, or
the failure of a bank or securities or commodities clearing
organization to perform its obligations due to its bankruptcy,
insolvency, receivership or suspension of operations. OCC's existing
credit facility (``Existing Facility'') was implemented on October 5,
2015 through the execution of a Credit Agreement among OCC, Bank of
America, N.A. (``BofA''), as administrative agent, and the lenders that
are parties to the agreement from time to time. The Existing Facility
provides short-term secured borrowings in an aggregate principal amount
of $2 billion but may be increased to $3 billion if OCC so requests and
sufficient commitments from lenders are received and accepted. To
obtain a loan under the Existing Facility, OCC must pledge as
collateral U.S. dollars or certain securities issued or guaranteed by
the U.S. Government or the Government of Canada. Certain mandatory
prepayments or deposits of additional collateral are required depending
on changes in the collateral's market value. In connection with OCC's
past implementation of the Existing Facility, OCC filed an advance
notice with the Commission on September 9, 2015 [sic], and the
Commission published a Notice of No-Objection on October 1, 2015.\3\
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    \3\ See Securities Exchange Act Release No. 76062 (October 1,
2015), 80 FR 64028 (October 22, 2015) (SR-OCC-2015-803).
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    The Existing Facility is set to expire on October 3, 2016, and OCC
is therefore currently negotiating the terms of a new credit facility
(``New Facility'') on substantially similar terms as the Existing
Facility.
    The terms and conditions applicable to the New Facility are set
forth in the Summary of Terms and Conditions, which is not a public
document.\4\ OCC has separately submitted a request for confidential
treatment to the Commission regarding the Summary of Terms and
Conditions, which is included in this filing as Exhibit 3. The
conditions regarding the availability of the New Facility, which OCC
anticipates will be satisfied on or before October 3, 2016, include the
execution and delivery of (i) a credit agreement between OCC and the
administrative agent, collateral agent and various lenders under the
New Facility, (ii) a pledge agreement between OCC and the
administrative agent or collateral agent, and (iii) such other
documents as may be required by the parties. The definitive
documentation concerning the New Facility is expected to be consistent
with the Summary of Terms and Conditions and substantially similar to
that concerning the Existing Facility, although it may include certain
changes as may be necessary regarding administrative and operational
terms being finalized between the parties. Language will be added to
the credit agreement in order to permit European Economic Area
(``EEA'')-based lenders under the New Facility to comply with new
``bail-in'' requirements under European law. Specifically, OCC would
agree in the credit agreement that, liabilities of lenders that are
classified as ``EEA Financial Institutions'' under the relevant law are
subject to potential write-down or conversion into equity by EEA
regulators.\5\
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    \4\ The Summary of Terms and Conditions for the New Facility
clarifies certain terms regarding mandatory prepayments or deposits
of additional collateral, which, as described above, are also
features of the Existing Facility.
    \5\ EU Directive 2014/59, often referred to as the Bank
Resolution and Recovery Directive, contains wide-ranging recovery
and resolution powers for EEA regulators to facilitate the rescue of
a failing EEA financial institution. These powers include the
ability for an EEA regulator to write-down and/or convert into
equity a failing institution's liabilities. Article 55 of the
Directive requires EEA financial institutions to include in certain
documents, such as credit agreements, governed by the law of a non-
EEA country an acknowledgment that obligations of the EEA financial
institutions are subject to the exercise of write-down and
conversion powers.
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    The New Facility involves a variety of customary fees payable by
OCC, including: (1) An arrangement fee payable to the joint lead
arrangers; (2) administrative and collateral agent fees payable to the
administrative agent and collateral agent if the New Facility closes;
(3) upfront commitment fees payable to the lenders based on the

amount of their commitments; and (4) an ongoing quarterly commitment
fee based on the unused amount of the New Facility.
Anticipated Effect on and Management of Risk
    Completing timely settlement is a key aspect of OCC's role as a
clearing agency performing central counterparty services. Overall, the
New Facility would continue to promote the reduction of risks to OCC,
its clearing members and the options market in general because it would
allow OCC to obtain short-term funds to address liquidity demands
arising out of the default or suspension of a clearing member, in
anticipation of a potential default or suspension of clearing members
or the insolvency of a bank or another securities or commodities
clearing organization. The existence of the New Facility would
therefore help OCC minimize losses in the event of such a default,
suspension or insolvency, by allowing it to obtain funds on extremely
short notice to ensure clearance and settlement of transactions in
options and other contracts without interruption. OCC believes that the
reduced settlement risk presented by OCC resulting from the New
Facility would correspondingly reduce systemic risk and promote the
safety and soundness of the clearing system. By drawing on the New
Facility, OCC would also be able to avoid liquidating margin or
clearing fund assets in what would likely be volatile market
conditions, which would preserve funds available to cover any losses
resulting from the failure of a clearing member, bank or other clearing
organization. Because the New Facility generally preserves the same
terms and conditions as the Existing Facility, OCC believes that the
change would not otherwise affect or alter the management of risk at
OCC. Moreover, and [sic] while the credit agreement for the New
Facility would contain the ``bail-in'' acknowledgment discussed above,
OCC has existing processes in place to monitor the financial health of
lenders under the Existing and New Facilities, including European-based
lenders under the New Facility. In the event that a lender were
experiencing [sic] financial difficulties that triggered a bail-in
risk, OCC could exercise its right to seek a replacement lender.
Consistency With the Payment, Clearing and Settlement Supervision Act
    OCC believes that the New Facility is consistent with Section
805(b)(1) of the Payment Clearing and Settlement Supervision Act \6\
because it promotes robust risk management by OCC of settlement and
liquidity risk. The New Facility would promote robust risk management
of these risks by providing OCC with timely access to a stable and
reliable liquidity funding source to help it complete timely clearing
and settlement.
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    \6\ 12 U.S.C. 5464(b)(1).
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Accelerated Commission Action Requested
    Pursuant to Section 806(e)(1)(I) of the Payment, Clearing and
Settlement Supervision Act,\7\ OCC requests that the Commission notify
OCC that it has no objection to the New Facility not later than
Wednesday, September 28, 2016, which is three business days prior to
the October 3, 2016 expiration date of the Existing Facility. OCC
requests Commission action three business days in advance of the
effective date in order to ensure that there is no period of time that
OCC operates without this essential liquidity resource, given its
importance to OCC's borrowing capacity in connection with its
management of liquidity and settlement risk and timely completion of
clearance and settlement.
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    \7\ 12 U.S.C. 5465(e)(1)(I).
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III. Date of Effectiveness of the Advance Notice and Timing for
Commission Action

    The proposed change may be implemented if the Commission does not
object to the proposed change within 60 days of the later of (i) the
date that the proposed change was filed with the Commission or (ii) the
date that any additional information requested by the Commission is
received. OCC shall not implement the proposed change if the Commission
has any objection to the proposed change.
    The Commission may extend the period for review by an additional 60
days if the proposed change raises novel or complex issues, subject to
the Commission providing the OCC with prompt written notice of the
extension. A proposed change may be implemented in less than 60 days
from the date the advance notice is filed, or the date further
information requested by the Commission is received, if the Commission
notifies OCC in writing that it does not object to the proposed change
and authorizes OCC to implement the proposed change on an earlier date,
subject to any conditions imposed by the Commission.
    OCC shall post notice on its Web site of proposed changes that are
implemented.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing. 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-OCC-2016-803 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-OCC-2016-803. 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 advance notice that are filed
with the Commission, and all written communications relating to the
advance notice 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 the filing also will be available for inspection
and copying at the principal office of OCC and on OCC's Web site
(http://www.theocc.com/components/docs/legal/rules_and_bylaws/sr_occ_16_803.pdf). 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-OCC-2016-803 and should be submitted on or before October 18, 2016.

V. Commission's Findings and Notice of No Objection

    Although the Payment, Clearing and Settlement Supervision Act does
not specify a standard of review for an advance notice, its stated
purpose is

instructive.\8\ The stated purpose is to mitigate systemic risk in the
financial system and promote financial stability by, among other
things, promoting uniform risk management standards for systemically
important financial market utilities (``FMUs'') and strengthening the
liquidity of systemically important FMUs.\9\ Section 805(a)(2) of the
Payment, Clearing and Settlement Supervision Act \10\ authorizes the
Commission to prescribe risk management standards for the payment,
clearing, and settlement activities of designated clearing entities and
financial institutions engaged in designated activities for which it is
the Supervisory Agency or the appropriate financial regulator. Section
805(b) of the Payment, Clearing and Settlement Supervision Act \11\
states that the objectives and principles for the risk management
standards prescribed under Section 805(a) shall be to:
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    \8\ See 12 U.S.C. 5461(b).
    \9\ Id.
    \10\ 12 U.S.C. 5464(a)(2).
    \11\ 12 U.S.C. 5464(b).
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     Promote robust risk management;
     promote safety and soundness;
     reduce systemic risks; and
     support the stability of the broader financial system.
    The Commission has adopted risk management standards under Section
805(a)(2) of the Payment, Clearing and Settlement Supervision Act \12\
and the Act (``Clearing Agency Standards'').\13\ The Clearing Agency
Standards require registered clearing agencies to establish, implement,
maintain, and enforce written policies and procedures that are
reasonably designed to meet certain minimum requirements for their
operations and risk management practices on an ongoing basis.\14\
Therefore, it is appropriate for the Commission to review advance
notices against these Clearing Agency Standards and the objectives and
principles of these risk management standards as described in Section
805(b) of the Payment, Clearing and Settlement Supervision Act.\15\
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    \12\ 12 U.S.C. 5464(a)(2).
    \13\ See Exchange Act Rule 17Ad-22. 17 CFR 240.17Ad-22.
Securities Exchange Act Release No. 68080 (October 22, 2012), 77 FR
66220 (November 2, 2012) (S7-08-11).
    \14\ Id.
    \15\ 12 U.S.C. 5464(b).
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    The Commission believes that the proposal in the advance notice is
consistent with the Clearing Agency Standards, in particular, Rule
17Ad-22(d)(11) under the Act and Rule 17Ad-22(b)(3) under the Act.\16\
Rule 17Ad-22(d)(11) under the Act \17\ requires that registered
clearing agencies ``establish, implement, maintain and enforce written
policies and procedures reasonably designed to, as applicable . . .
establish default procedures that ensure that the clearing agency can
take timely action to contain losses and liquidity pressures and to
continue meeting its obligations in the event of a participant
default.'' The Commission believes that the proposal is consistent with
Rule 17Ad-22(d)(11) under the Act \18\ because the New Facility will
allow OCC to obtain short-term funds to address liquidity demands
arising out of the default or suspension of a clearing member, in
anticipation of a potential default or suspension of clearing members
or the insolvency of a bank or another securities or commodities
clearing organization. Therefore, the New Facility should help OCC
minimize losses in the event of such a default, suspension or
insolvency, by allowing it to obtain funds on extremely short notice to
ensure clearance and settlement of transactions in options and other
contracts without interruption.
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    \16\ 17 CFR 240.17Ad-22(d)(11) and 17 CFR 240.17Ad-22(b)(3),
respectively.
    \17\ 17 CFR 240.17Ad-22(d)(11).
    \18\ Id.
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    Rule 17Ad-22(b)(3) under the Act \19\ requires a central
counterparty to ``establish, implement, maintain and enforce written
policies and procedures reasonably designed to . . . [m]aintain
sufficient financial resources to withstand, at a minimum, a default by
the participant family to which it has the largest exposure in extreme
but plausible market conditions . . . .'' The Commission believes that
the proposal is consistent with Rule 17Ad-22(b)(3) under the Act \20\
because OCC's proposal to enter into the New Facility, thereby ensuring
continued access to a committed bank syndicated credit facility, will
help OCC maintain sufficient financial resources to withstand, at a
minimum, a default by an clearing member family to which it has the
largest exposure.
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    \19\ 17 CFR 240.17Ad-22(b)(3).
    \20\ Id.
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    For these reasons, the Commission believes the proposal contained
in the advance notice is consistent with the objectives and principles
described in Section 805(b) of the Payment, Clearing and Settlement
Supervision Act,\21\ including that it reduces systemic risks and
promote the safety and soundness of the broader financial system. As
discussed above, the New Facility will continue to promote the
reduction of risks to OCC, its clearing members, and the options market
in general because it will allow OCC to obtain short-term funds to
address liquidity demands, which should ensure clearance and settlement
of transactions in options and other contracts without interruption.
Given that OCC has been designated as a systemically important FMU, its
ability to access financial resources to address short-term liquidity
demands contributes to reducing systemic risks and supporting the
stability of the broader financial system.
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    \21\ 12 U.S.C. 5464(b).
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    For these reasons, stated above, the Commission does not object to
the advance notice.

VI. Conclusion

    It is therefore noticed, pursuant to Section 806(e)(1)(I) of the
Payment, Clearing and Settlement Supervision Act,\22\ that the
Commission does not object to the proposed change, and authorizes OCC
to implement the change in the advance notice (SR-OCC-2016-803) as of
the date of this notice.
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    \22\ 12 U.S.C. 5465(e)(1)(I).

    By the Commission.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-23223 Filed 9-26-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Proposed Rules]
[Pages 6685-6688]
[FR Doc No: 2012-2976]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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

Federal Register / Vol. 77, No. 27 / Thursday, February 9, 2012 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0108; Directorate Identifier 2011-NM-049-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to certain The Boeing Company Model 767 airplanes.
The existing AD currently requires an inspection to detect cracks and
fractures of the outboard hinge fitting assemblies on the trailing edge
of the inboard main flap, and follow-on and corrective actions if
necessary. For certain airplanes, the existing AD also requires a one-
time inspection to determine if a tool runout option has been performed
in the area. Since we issued that AD, we have received reports of hinge
assembly fractures found before the currently-required inspection cycle
compliance times on certain airplanes. This proposed AD reduces
compliance times for Model 767-400ER series airplanes. In addition,
this proposed AD would revise the applicability to include an
additional airplane. We are proposing this AD to prevent the inboard
aft flap from separating from the wing and potentially striking the
airplane, which could result in damage to the surrounding structure and
potential personal injury.

DATES: We must receive comments on this proposed AD by March 26, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, Washington 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-
6577; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0108;
Directorate Identifier 2011-NM-049-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On June 16, 2003, we issued AD 2003-13-01, Amendment 39-13201 (68
FR 37402, June 24, 2003), for certain Model 767 airplanes. That AD
requires an inspection to detect cracks and fractures of the outboard
hinge fitting assemblies on the trailing edge of the inboard main flap,
and follow-on and corrective actions if necessary. For certain
airplanes, that AD also requires a one-time inspection to determine if
a tool runout option has been performed in the area. That AD resulted
from a report indicating that, during a routine maintenance inspection,
fractured lugs were found on both hinge fittings of the outboard hinge
assembly mounted to the inboard main flap on a Boeing Model 767-300
series airplane. We issued that AD to prevent the inboard aft flap from
separating from the wing and potentially striking the airplane, which
could result in damage to the surrounding structure and potential
personal injury.

Actions Since Existing AD Was Issued

    Since we issued AD 2003-13-01, Amendment 39-13201 (68 FR 37402,
June 24, 2003), we have determined that, due to hinge assembly
fractures found before the currently-required inspection cycle
compliance times on certain airplanes affected by that AD, compliance
times need to be reduced for the initial and repetitive inspections for
Model 767-400ER series airplanes.
    In addition, we have determined that the airplane having line
number 877 was inadvertently omitted from the applicability of AD 2003-
13-01, Amendment 39-13201 (68 FR 37402, June 24, 2003).

Relevant Service Information

    AD 2003-13-01, Amendment 39-13201 (68 FR 37402, June 24, 2003),
referred to Boeing Alert Service Bulletin 767-57A0079, dated June 20,
2002, as

the appropriate source of service information for inspections and
terminating actions for Model 767-400ER series airplanes. Boeing has
since revised this service bulletin. We reviewed Boeing Alert Service
Bulletin 767-57A0079, Revision 1, dated May 6, 2010. This service
bulletin reduces the initial compliance time and repetitive intervals
for inspections of the outboard hinge fitting assemblies on the
trailing edge of the inboard main flap for Model 767-400ER series
airplanes.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain certain requirements of AD 2003-13-
01, Amendment 39-13201 (68 FR 37402, June 24, 2003). This proposed AD
would reduce the compliance times for Model 767-400ER series airplanes.
In addition, this proposed AD would revise the applicability to include
an additional airplane.

Changes to Existing AD

    This proposed AD would retain certain requirements of AD 2003-13-
01, Amendment 39-13201 (68 FR 37402, June 24, 2003). Since AD 2003-13-
01 was issued, the AD format has been revised, and certain paragraphs
have been rearranged. As a result, the corresponding paragraph
identifiers have changed in this proposed AD, as listed in the
following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
    Requirement in AD 2003-13-01
   Amendment 39[dash]13201 (68 FR     Corresponding requirement in this
       37402, June 24, 2003)                     proposed AD
------------------------------------------------------------------------
paragraph (a)                        paragraph (g)
paragraph (b)                        paragraph (h)
paragraph (c)                        paragraph (i)(1)
paragraph (d)                        paragraph (i)(2)
paragraph (f)                        paragraph (j)
paragraph (g)                        paragraph (l)
paragraph (h)                        paragraph (k)
------------------------------------------------------------------------

    Because there is no longer a need for inspection results, this
proposed AD would also remove the reporting requirement from AD 2003-
13-01, Amendment 39-13201 (68 FR 37402, June 24, 2003).

Costs of Compliance

    We estimate that this proposed AD affects 38 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                      Labor cost          Parts cost    Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Detailed inspection [retained     2 work-hours x $85 per             $0  $170 per inspection  $6,460 per
 from AD 2003-13-01, Amendment     hour = $170 per                        cycle.               inspection cycle.
 39-13201 (68 FR 37402, June 24,   inspection cycle.
 2003)].
Detailed and eddy current         5 work hours x $85 per              0  $425 per inspection  $16,150 per
 inspections [retained from AD     hour = $425 per                        cycle.               inspection cycle.
 2003-13-01, Amendment 39-13201    inspection cycle.
 (68 FR 37402, June 24, 2003)].
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                   Labor cost                Parts cost      product
----------------------------------------------------------------------------------------------------------------
Replacement [retained from AD 2003-13-01,      24 work hours x $85 per hour = $2,040      $45,400       $47,440
 Amendment 39-13201 (68 FR 37402, June 24,
 2003)].
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive
(AD) 2003-13-01, Amendment 39-13201 (68 FR 37402, June 24, 2003), and
adding the following new AD:

The Boeing Company: Docket No. FAA-2012-0108; Directorate Identifier
2011-NM-049-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by March 26,
2012.

(b) Affected ADs

    This AD supersedes AD 2003-13-01, Amendment 39-13201 (68 FR
37402, June 24, 2003).

(c) Applicability

    The Boeing Company Model 767-200, -300, and -300F series
airplanes, as specified in Boeing Service Bulletin 767-57A0076,
Revision 1, dated March 29, 2001; and Model 767-400ER series
airplanes, as specified in Boeing Alert Service Bulletin 767-
57A0079, Revision 1, dated May 6, 2010; certificated in any
category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of hinge assembly fractures
found before the currently-required inspection cycle compliance
times on certain airplanes. We are issuing this AD to prevent the
inboard aft flap from separating from the wing and potentially
striking the airplane, which could result in damage to the
surrounding structure and potential personal injury.

(f) Compliance

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

Restatement of Certain Requirements of AD 2003-13-01, Amendment 39-
13201 (68 FR 37402, June 24, 2003), With Revised Service Information

(g) Inspection

    Perform either a detailed inspection, or a detailed inspection
plus an eddy current inspection, of the outboard hinge fitting
assemblies on the trailing edge of the inboard main flap to detect
cracks and fractures and evidence of a tool runout option, as
applicable. For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''
    (1) For Model 767-200, -300, and -300F series airplanes
identified in Boeing Service Bulletin 767-57A0076, Revision 1, dated
March 29, 2001: Inspect before the airplane accumulates 2,700 total
flight cycles, or within 90 days after July 29, 2003 (the effective
date of AD 2003-13-01, Amendment 39-13201 (68 FR 37402, June 24,
2003)), whichever occurs later, in accordance with Boeing Service
Bulletin 767-57A0076, Revision 1, dated March 29, 2001.
    (2) For Model 767-400ER series airplanes identified in Boeing
Alert Service Bulletin 767-57A0079, dated June 20, 2002: Inspect
before the airplane accumulates 12,000 total flight cycles, except
as required by paragraph (m) of this AD, in accordance with Boeing
Alert Service Bulletin 767-57A0079, dated June 20, 2002; or Revision
1, dated May 6, 2010. As of the effective date of this AD, only
Revision 1 may be used.

(h) Follow-on/Corrective Actions

    Following the initial inspections required by paragraph (g) of
this AD: Perform applicable follow-on and corrective actions at the
times specified in Figure 1 of Boeing Service Bulletin 767-57A0076,
Revision 1, dated March 29, 2001 (for Model 767-200, -300, and -300F
series airplanes); or Boeing Alert Service Bulletin 767-57A0079,
dated June 20, 2002, or Boeing Alert Service Bulletin 767-57A0079,
Revision 1, dated May 6, 2010 (for Model 767-400ER series
airplanes); until the inspection required by paragraph (n) of this
AD is accomplished. After the effective date of this AD, only Boeing
Alert Service Bulletin 767-57A0079, Revision 1, dated May 6, 2010,
may be used for Model 767-400ER series airplanes. Do the follow-on
and corrective actions (including repetitive inspections and
replacement of the fittings with new fittings), in accordance with
Part 1 or Part 2 of Boeing Service Bulletin 767-57A0076, Revision 1,
dated March 29, 2001 (for Model 767-200, -300, and -300F series
airplanes); or Boeing Alert Service Bulletin 767-57A0079, dated June
20, 2002, or Boeing Alert Service Bulletin 767-57A0079, Revision 1,
dated May 6, 2010 (for Model 767-400ER series airplanes); except as
required by paragraph (i)(2) of this AD. After the effective date of
this AD, only Boeing Alert Service Bulletin 767-57A0079, Revision 1,
dated May 6, 2010, may be used for Model 767-400ER series airplanes.
For Model 767-200, -300, and -300F series airplanes: If the fitting
has the tool runout, and no cracking or fracture is found during the
inspection, this AD requires no further action for that hinge
fitting.

(i) Exceptions to Service Bulletin Procedures

    For this AD, the following exceptions apply:
    (1) Where the terminating action in Part 3 of Boeing Service
Bulletin 767-57A0076, Revision 1, dated March 29, 2001; and Boeing
Alert Service Bulletin 767-57A0079, dated June 20, 2002, and
Revision 1, dated May 6, 2010; is specified as corrective action:
This AD requires that the terminating action, if required, be
accomplished before further flight.
    (2) Boeing Service Bulletin 767-57A0076, Revision 1, dated March
29, 2001, specifies to contact Boeing before the terminating action
is done as corrective action for any cracking or fracture found on a
Model 767-200, -300, or -300F series airplane with the tool runout.
This AD requires that any such crack or fracture on those airplanes
be repaired in accordance with Part 3 of Boeing Service Bulletin
767-57A0076, Revision 1, dated March 29, 2001. This AD does not
require a report.

(j) Optional Terminating Action

    Unless required to do so by paragraph (h) of this AD: Operators
may choose to accomplish the terminating action (including
replacement of the fittings with new fittings, and reinstallation of
existing upper skin access panels and fairing midsections on the
trailing edge of the main flap) in accordance with Part 3 of the
Work Instructions of Boeing Service Bulletin 767-57A0076, Revision
1, dated March 29, 2001; or Boeing Alert Service Bulletin 767-
57A0079, dated June 20, 2002, or Boeing Alert Service Bulletin 767-
57A0079, Revision 1, dated May 6, 2010; as applicable. After the
effective date of this AD, only Boeing Alert Service Bulletin 767-
57A0079, Revision 1, dated May 6, 2010, may be used for Model 767-
400ER series airplanes. Accomplishment of the terminating action
terminates the repetitive inspection requirements of paragraph (h)
of this AD.

(k) Part Installation

    As of July 29, 2003, no person may install on any airplane
identified in Boeing Service Bulletin 767-57A0076, dated October 26,
2000; and Boeing Alert Service Bulletin 767-57A0079, dated June 20,
2002; a hinge fitting assembly that has any part number listed in
table 1 of this AD, unless the applicable requirements of this AD
have been accomplished for that fitting. As of the effective date of
this AD, no person may install on any airplane identified in
paragraph (c) of this AD, a hinge fitting assembly that has any part
number listed in table 1 of this AD, unless the applicable
requirements of this AD have been accomplished for that fitting.

              Table 1--Hinge Fitting Assembly Part Numbers
------------------------------------------------------------------------

------------------------------------------------------------------------
113T2271-13                          113T2271-14
113T2271-23                          113T2271-24
113T2271-29                          113T2271-30
113T2271-33                          113T2271-34
113T2271-401                         113T2271-402
------------------------------------------------------------------------

(l) Credit for Actions Accomplished in Accordance With Previous Service
Information

    Actions done before July 29, 2003, in accordance with Boeing
Alert Service Bulletin 767-57A0076, dated October 26, 2000, are
acceptable for compliance with the corresponding requirements of
paragraphs (g), (h), (j), and (k) of this AD.

New Requirements of This AD

(m) Initial Inspection

    For Model 767-400ER airplanes identified in Boeing Alert Service
Bulletin 767-57A0079, Revision 1, dated May 6, 2010, on which the
inspection required in paragraph (g) of this AD has not been done as
of the effective date of this AD: Before the accumulation of 6,000
total flight cycles, or within 750 flight cycles after the effective
date of this AD, whichever occurs later, perform either a detailed
inspection or a detailed inspection plus an eddy current inspection
to detect cracks or fractures of the outboard hinge fitting
assemblies on the trailing edge of the inboard main flap, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 767-57A0079, Revision 1, dated May 6, 2010.
Accomplishment of this inspection terminates the inspection
requirement of paragraph (g)(2) of this AD.

(n) Repetitive Inspections

    For Model 767-400ER airplanes: Repeat either inspection
specified in paragraph (h) or (m) of this AD, as applicable, at the
time specified in paragraph (n)(1) or (n)(2) of this AD, as
applicable, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 767-57A0079, Revision 1, dated May 6,
2010.
    (1) If the most recent inspection was a detailed inspection,
repeat at intervals not to exceed 300 flight cycles after doing the
detailed inspection.
    (2) If the most recent inspections were a detailed inspection
and an eddy current inspection, repeat at intervals not to exceed
750 flight cycles after doing the detailed inspection and eddy
current inspection.

(o) Optional Terminating Action

    For Model 767-400ER airplanes: Replacing the fittings with new
fittings, in accordance with Part 3 of the Work Instructions of
Boeing Alert Service Bulletin 767-57A0079, dated June 20, 2002; or
Revision 1, dated May 6, 2010; terminates the repetitive inspections
required by paragraphs (h) and (n) of this AD.

(p) Credit for Actions Accomplished in Accordance with Previous Service
Information

    Actions done before the effective date of this AD in accordance
with Part 3 of the Work Instructions of Boeing Alert Service
Bulletin 767-57A0079, dated June 20, 2002, are acceptable for
compliance with the requirements of paragraph (h) and (n) of this
AD.

(q) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(r) Related Information

    (1) For more information about this AD, contact Berhane Alazar,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on January 27, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-2976 Filed 2-8-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 18, 2007 (Volume 72, Number 180)]
[Notices]
[Page 53271-53273]
[DOCID:fr18se07-77]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56384; File No. SR-NYSE-2007-80]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to the Elimination of One of its NYSE OpenBook[supreg]
Services

September 11, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 30, 2007, the New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed

with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II and III below, which
Items have been substantially prepared by the Exchange. The Commission
is publishing this notice to solicit comment on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange is proposing to eliminate one of its NYSE OpenBook
[supreg] services as described below. The text of the proposed rule
change is available at NYSE, the Commission's Public Reference Room,
and http://www.nyse.com.

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
    NYSE OpenBook provides market participants with depth-of-market
data. It is a compilation of limit order data that the Exchange
provides to market data vendors, broker-dealers, private network
providers, and other entities through a data feed. For every limit
price, NYSE OpenBook includes the aggregate order volume.
    Currently, the Exchange provides two NYSE OpenBook services. One of
the services updates NYSE OpenBook limit order information every five
seconds (the ``Five-Second NYSE OpenBook Service''). The other NYSE
OpenBook service updates NYSE OpenBook limit order information in real-
time (the ``Real-Time NYSE OpenBook Service''). The Five-Second NYSE
OpenBook Service imposes a device fee of $50.00 per month for each
terminal through which the end user is able to display the service. The
Commission approved the Five-Second NYSE OpenBook Service device fee in
December 2001.\3\ The Real-Time NYSE OpenBook Service imposes a device
fee of $60.00 per month for each such terminal. The Commission approved
the Real-Time NYSE OpenBook Service device fee in April 2006.\4\ The
Exchange is not proposing to modify the NYSE OpenBook device or access
fees in this proposed rule change.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 44138 (December 7,
2001), 66 FR 64895 (December 14, 2001) (SR-NYSE-2001-42).
    \4\ See Securities Exchange Act Release No. 53585 (March 31,
2006), 71 FR 17934 (April 7, 2006) (SR-NYSE-2004-43).
---------------------------------------------------------------------------

    In order to minimize customer impact, the Exchange made the
business decision to support both versions of OpenBook (the Five-Second
NYSE OpenBook Service and the Real-Time NYSE OpenBook Service) for an
undefined acceptance period. The Exchange has made the Real-Time NYSE
OpenBook Service available for more than a year now. In that time, NYSE
OpenBook subscribers have switched from the Five-Second NYSE OpenBook
Service to the Real-Time NYSE OpenBook Service. The Exchange states
that currently, all recipients of the NYSE OpenBook data feed receive
the Real-Time NYSE OpenBook data feed, although a small and dwindling
number of them also receive the Five-Second NYSE OpenBook data feed. In
addition, more than 99 percent of all end-users of NYSE OpenBook
information use Real-Time NYSE OpenBook rather than Five-Second NYSE
OpenBook information.
    Due to lack of customer demand for the Five-Second NYSE OpenBook
Service, the Exchange proposes to eliminate the Five-Second NYSE
OpenBook Service, effective October 1, 2007.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \5\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \6\ in particular, in that it
is designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------

    \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

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

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

    Because the foregoing proposed rule change: (i) Does not
significantly affect the protection of investors or the public
interest; (ii) does not impose any significant burden on competition;
and (iii) does not 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 \7\ and Rule 19b-4(f)(6)(iii) thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6)(iii). Rule 19b-4(f)(6)(iii) requires
the Exchange to give written notice to the Commission of its intent
to file the proposed rule change at least five business days prior
to filing. The Exchange complied with this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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 e-mail to<EMAIL_ADDRESS>Please include

File No. SR-NYSE-2007-80 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NYSE-2007-80. This
file number should be included on the

subject line if e-mail is used. To help the Commission process and
review your comments more efficiently, please use only one method. The
Commission will post all comments on the Commissions Internet Web site
(http://www.sec.gov/rules/sro.shtml). Copies of the submission, all

subsequent amendments, all written statements with respect to the
proposed rule change that are filed with the Commission, and all
written communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for inspection and copying in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSE-2007-80 and should be submitted on or before
October 9, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-18270 Filed 9-17-07; 8:45 am]

BILLING CODE 8010-01-P


                   Jurisdictions Restricting Masonry Heaters
A non-exclusive list jurisdictions that prohibit masonry heaters includes:
   California
   1. Bay Area Air Quality Management District ("BAAQMD") (San Francisco and environs): Allows only EPA certified appliances.
   2. Kern County: Allows only pellet and EPA certified appliances.
   3. City of Los Altos: Allows only pellet stoves and EPA certified appliances.
   4. Marin County: Defers to the BAAQMD, and allows only pellet and EPA certified appliances.
   5. San Joaquin Valley Unified Air Pollution Control District: Allows only pellet and EPA certified appliances.
   6. Tahoe Regional Planning Agency (Lake Tahoe and environs): Exempts pellet stoves but otherwise allows only EPA certified appliances.

   Other

   1. Town of Jackson, Wyoming: Excludes masonry fireplaces from the definition of "solid-fuel burning devices" and prohibits installation of devices not in compliance with EPA standards.
   2. Numerous jurisdictions in, among other places, Colorado, Arizona, Utah, Idaho, and Montana.

A non-exclusive list of other jurisdictions that heavily and non-uniformly regulate masonry heaters includes:
   1. Maricopa County Air Pollution Control District: Allows masonry heaters and other devices only which meet "performance standards that are equivalent to the standards in 40 CFR 60, Subpart AAA as amended through July 1, 1998, and that is approved by the Control Officer and the Administrator of EPA".
   2. Mendocino County Air Quality Management District: Allows masonry heaters, but requires a 10" veneer which essentially makes any masonry heater built in conformity to be unable to perform its function.
   3. San Luis Obispo County Air Pollution Control District: Has approved four masonry heater models (based on Washington and Colorado testing), but refuses to approve any more.
   4. Northern Sonoma Air Pollution Control District (Napa and environs): Formally allows EPA certified or District-approved masonry heaters, but the district has refused to approve any masonry heater.
   5. Missoula City/County Health Department in Montana: Allows only pellet stoves inside the city limits.  Outside the city limits, only one masonry heater model by the largest manufacturer Tulikivi has been approved, after petitioning based on the model's Washington testing.


[Federal Register: May 3, 2010 (Volume 75, Number 84)]
[Notices]
[Page 23263-23264]
[DOCID:fr03my10-71]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2009-0415; FRL-9144-3; EPA ICR Number 1072.09; OMB Control
Number 2060-0081]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS for Lead Acid Battery
Manufacturing (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before June 2, 2010.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2009-0415, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2)
OMB at: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: John Schaefer, Office of Air Quality
Planning

and Standards, Sector Policies and Programs Division (D243-05),
Measurement Policy Group, Environmental Protection Agency, Research
Triangle Park, North Carolina 27711; telephone number:<PHONE_NUMBER>;
fax number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On July 8, 2009 (74 FR 32581), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2009-0415, which is available for public viewing
online at http://www.regulations.gov, in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov, as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
    Title: NSPS for Lead Acid Battery Manufacturing (Renewal).
    ICR Numbers: EPA ICR Number 1072.09, OMB Control Number 2060-0081.
    ICR Status: This ICR is scheduled to expire on June 30, 2010. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. An
Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The New Source Performance Standards (NSPS) for Lead Acid
Battery Manufacturing (40 CFR part 60, subpart KK) were proposed on
January 14, 1980, and promulgated on April 16, 1982.
    Owners or operators of the affected facilities must make an initial
notification, performance tests, periodic reports, and maintain records
of the occurrence and duration of any startup, shutdown, or malfunction
in the operation of an affected facility, or any period during which
the monitoring system is inoperative. Reports, at a minimum, are
required semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 62
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Owners or operators of lead acid
battery manufacturing facilities.
    Estimated Number of Respondents: 52.
    Frequency of Response: Initially, occasionally, and semiannually.
    Estimated Total Annual Hour Burden: 4,053.
    Estimated Total Annual Cost: $395,346, which includes $383,346 in
labor costs, $0 in capital/startup costs, and $12,000 in operation and
maintenance (O&M) costs.
    Changes in the Estimates: There is no change in the number of hours
in the total estimated burden currently identified in the OMB Inventory
of Approved ICR Burdens.

    Dated: April 27, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-10232 Filed 4-30-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Rules and Regulations]
[Pages 4310-4313]
[FR Doc No: 2019-02161]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0788; Product Identifier 2018-NM-004-AD; Amendment
39-19544; AD 2019-01-05]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus SAS Model A330-200, -200F, and -300 series airplanes. This AD
was prompted by a revision of the airworthiness limitations section
(ALS), which provides new and more restrictive maintenance requirements
and airworthiness limitations for airplane structures and systems. This
AD requires revising the existing maintenance or inspection program to
incorporate new maintenance requirements and airworthiness limitations.
We are issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective March 22, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 22,
2019.

ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; phone: +33 5 61 93 36 96;
fax: +33 5 61 93 45 80; email<EMAIL_ADDRESS>
internet: http://www.airbus.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-2018-
0788.

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-2018-
0788; 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 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: Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>.

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 Airbus SAS Model
A330-200, -200F, and -300 series airplanes. The NPRM published in the
Federal Register on August 31, 2018 (83 FR 44510). The NPRM was
prompted by a revision of the ALS, which provides new and more
restrictive maintenance requirements and airworthiness limitations for
airplane structures and systems. The NPRM proposed to require revising
the existing maintenance or inspection program to incorporate new
maintenance requirements and airworthiness limitations.
    We are issuing this AD to address reduced airplane control due to
the failure of system components.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2017-0228, dated November 21, 2017 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus SAS Model A330 and A340
series airplanes. The MCAI states:

    The airworthiness limitations are currently defined and
published in the Airbus A330 and A340 Airworthiness Limitations
Section (ALS) documents. The airworthiness limitations applicable to
the System Equipment Maintenance Requirements, which are approved by
EASA, are specified in Airbus A330 and A340 ALS Part 4. Failure to
comply with these instructions could result in an unsafe condition.
    EASA issued AD 2016-0011 [which corresponds to FAA AD 2017-05-
10, Amendment 39-18821 (82 FR 13379, March 13, 2017) (``AD 2017-05-
10'')] to require the actions as specified in Airbus A330 and A340
ALS Part 4 at Revision 05 and Revision 04, respectively.
    Since this [EASA] AD was issued, Airbus published Revision 06
and Revision 05, respectively, of Airbus A330 and A340 ALS Part 4,
which introduce new and more restrictive maintenance requirements
and/or airworthiness limitations.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2016-0011, which is superseded, and requires
accomplishment of the actions specified in Airbus A330 ALS Part 4
Revision 06, or A340 ALS Part 4 Revision 05, as applicable.

    The unsafe condition is reduced control of the airplane due to the
failure of system components. 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-2018-0788.

Comments

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

Request To Include Later Version of the Service Information

    American Airlines (AAL) requested that we include Airbus A330
Airworthiness Limitations Section (ALS) Part 4, System Equipment
Maintenance Requirements (SEMR), Variation 6.1, dated January 16, 2018,
as the appropriate source of service information. AAL indicated that
the variation document increases the flight cycle life limitation of
trimmable horizontal stabilizer (THS) actuator P/N 47172-540 from
10,000 flight cycles to 20,000 flight cycles. AAL also pointed out an
alternative method of compliance (AMOC) for AD 2017-05-10 has been

approved to allow the incorporation of the variation document into
AAL's maintenance program (AMOC AIR-676-18-026R1, dated August 13,
2018).
    We agree with the commenter's request for the reasons provided. We
have revised paragraphs (g) and (h) of this AD to include Airbus A330
Airworthiness Limitations Section (ALS) Part 4, System Equipment
Maintenance Requirements (SEMR), Variation 6.1, dated January 16, 2018,
as an appropriate source of service information.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this final rule 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 addressing 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 final
rule.

Related Service Information Under 1 CFR Part 51

    Airbus SAS has issued the following service information.
     A330 Airworthiness Limitations Section (ALS) Part 4,
System Equipment Maintenance Requirements (SEMR), Revision 06, dated
September 18, 2017. This service information describes preventative
maintenance requirements and associated airworthiness limitations
applicable to aircraft systems susceptible to aging effects.
     A330 Airworthiness Limitations Section (ALS) Part 4,
System Equipment Maintenance Requirements (SEMR), Variation 6.1, dated
January 16, 2018. This service information describes preventative
maintenance requirements and associated airworthiness limitations
applicable to the THS actuator P/N 47172-540 and changes the flight
cycle life limitation from 10,000 flight cycles to 20,000 flight
cycles.
    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 104 airplanes of U.S. registry.
    We have determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although we recognize that this number may vary from operator to
operator. In the past, we have estimated that this action takes 1 work-
hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), we have
determined that a per-operator estimate is more accurate than a per
airplane estimate. Therefore, we estimate the total cost per operator
to be $7,650 (90 work-hours x $85 per workhour).

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 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):

2019-01-05 Airbus SAS: Amendment 39-19544; Docket No. FAA-2018-0788;
Product Identifier 2018-NM-004-AD.

(a) Effective Date

    This AD is effective March 22, 2019.

(b) Affected ADs

    This AD affects AD 2017-05-10, Amendment 39-18821 (82 FR 13379,
March 13, 2017) (``AD 2017-05-10'').

(c) Applicability

    This AD applies to Airbus SAS Model A330-201, A330-202, A330-
203, A330-223, A330-243, A330-223F, A330-243F, A330-301, A330-302,
A330-303, A330-321, A330-322, A330-323, A330-341, A330-342, and
A330-343 airplanes, certificated in any category, with an original
certificate of airworthiness or original export certificate of
airworthiness issued on or before September 18, 2017.

(d) Subject

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

(e) Reason

    This AD was prompted by a revision of the airworthiness
limitations section (ALS), which provides new and more restrictive
maintenance requirements and airworthiness limitations for airplane
structures and systems. We are issuing this AD to prevent

reduced airplane control due to the failure of system components.

(f) Compliance

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

(g) Maintenance Program Revision

    Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, by
incorporating Airbus A330 Airworthiness Limitations Section (ALS)
Part 4, System Equipment Maintenance Requirements (SEMR), Revision
06, dated September 18, 2017; or Airbus A330 Airworthiness
Limitations Section (ALS) Part 4, System Equipment Maintenance
Requirements (SEMR), Variation 6.1, dated January 16, 2018. The
initial compliance times for the actions specified in Airbus A330
Airworthiness Limitations Section (ALS) Part 4, System Equipment
Maintenance Requirements (SEMR), Revision 06, dated September 18,
2017, or the actions specified in Airbus A330 Airworthiness
Limitations Section (ALS) Part 4, System Equipment Maintenance
Requirements (SEMR), Variation 6.1, dated January 16, 2018, are
within the applicable compliance times specified in Airbus A330
Airworthiness Limitations Section (ALS) Part 4, System Equipment
Maintenance Requirements (SEMR), Revision 06, dated September 18,
2017, or Airbus A330 Airworthiness Limitations Section (ALS) Part 4,
System Equipment Maintenance Requirements (SEMR), Variation 6.1,
dated January 16, 2018; or within 90 days after the effective date
of this AD; whichever occurs later; except as required by paragraph
(h) of this AD.

(h) Exceptions to Initial Compliance Times

    (1) Where Airbus A330 Airworthiness Limitations Section (ALS)
Part 4, System Equipment Maintenance Requirements (SEMR), Revision
06, dated September 18, 2017; or Airbus A330 Airworthiness
Limitations Section (ALS) Part 4, System Equipment Maintenance
Requirements (SEMR), Variation 6.1, dated January 16, 2018; defines
a calendar compliance time for elevator servo-controls having part
number (P/N) SC4800-2, SC4800-3, SC4800-4, SC4800-6, SC4800-7, or
SC4800-8 as ``August 31, 2004,'' the calendar compliance time is
June 13, 2007 (34 months after August 13, 2004 (the effective date
of AD 2004-13-25, Amendment 39-13707 (69 FR 41394, July 9, 2004))).
    (2) Where Airbus A330 Airworthiness Limitations Section (ALS)
Part 4, System Equipment Maintenance Requirements (SEMR), Revision
06, dated September 18, 2017; or Airbus A330 Airworthiness
Limitations Section (ALS) Part 4, System Equipment Maintenance
Requirements (SEMR), Variation 6.1, dated January 16, 2018; defines
a calendar compliance time for spoiler servo-controls (SSCs) having
P/N 1386A0000-01, 1386B0000-01, 1387A0000-01, or 1387B0000-01 as
``December 31, 2003,'' the calendar compliance time is November 19,
2005 (13 months after October 19, 2004 (the effective date of AD
2004-18-14, Amendment 39-13793 (69 FR 55326, September 14, 2004))).
    (3) Where Airbus A330 Airworthiness Limitations Section (ALS)
Part 4, System Equipment Maintenance Requirements (SEMR), Revision
06, dated September 18, 2017; or Airbus A330 Airworthiness
Limitations Section (ALS) Part 4, System Equipment Maintenance
Requirements (SEMR), Variation 6.1, dated January 16, 2018; defines
a calendar compliance time for elevator servo-controls having P/N
SC4800-73, SC4800-93, SC4800-103, and SC4800-113 as ``June 30,
2008,'' the calendar compliance time is September 16, 2009 (17
months after April 16, 2008 (the effective date of AD 2008-06-07,
Amendment 39-15419 (73 FR 13103, March 12, 2008; corrected April 15,
2008 (73 FR 20367)))).
    (4) The initial compliance time for replacement of the
retraction brackets of the main landing gear (MLG) having a part
number specified in paragraphs (h)(4)(i) through (h)(4)(xvi) of this
AD is before the accumulation of 19,800 total landings on the
affected retraction brackets of the MLG, or within 900 flight hours
after April 9, 2012 (the effective date of AD 2012-04-07, Amendment
39-16963 (77 FR 12989, March 5, 2012)), whichever occurs later.
    (i) 201478303.
    (ii) 201478304.
    (iii) 201478305.
    (iv) 201478306.
    (v) 201478307.
    (vi) 201478308.
    (vii) 201428380.
    (viii) 201428381.
    (ix) 201428382.
    (x) 201428383.
    (xi) 201428384.
    (xii) 201428385.
    (xiii) 201428378.
    (xiv) 201428379.
    (xv) 201428351.
    (xvi) 201428352.
    (5) Where Airbus A330 Airworthiness Limitations Section (ALS)
Part 4, System Equipment Maintenance Requirements (SEMR), Revision
06, dated September 18, 2017; or Airbus A330 Airworthiness
Limitations Section (ALS) Part 4, System Equipment Maintenance
Requirements (SEMR), Variation 6.1, dated January 16, 2018; defines
a calendar compliance time for the modification of SSCs on three
hydraulic circuits having P/N MZ4339390-01X, MZ4306000-01X,
MZ4339390-02X, MZ4306000-02X, MZ4339390-10X, or MZ4306000-10X as
``March 5, 2010,'' the calendar compliance time is April 14, 2011
(18 months after October 14, 2009 (the effective date of AD 2009-18-
20, Amendment 39-16017 (74 FR 46313, September 9, 2009) (``AD 2009-
18-20''))).
    (6) Where Note (17) of Sub-Part 1, ``Life Limits,'' of Section
3, ``Systems Life-Limited Components,'' of Airbus A330 Airworthiness
Limitations Section (ALS) Part 4, System Equipment Maintenance
Requirements (SEMR), Revision 06, dated September 18, 2017; or
Airbus A330 Airworthiness Limitations Section (ALS) Part 4, System
Equipment Maintenance Requirements (SEMR), Variation 6.1, dated
January 16, 2018; defines a calendar date of ``September 5, 2008,''
as a date for the determination of accumulated flight cycles since
the airplane's initial entry into service, the date is October 14,
2009 (the effective date of AD 2009-18-20).
    (7) Where Note (17) of Sub-Part 1, ``Life Limits,'' of Section
3, ``Systems Life-Limited Components,'' of Airbus A330 Airworthiness
Limitations Section (ALS) Part 4, System Equipment Maintenance
Requirements (SEMR), Revision 06, dated September 18, 2017; or
Airbus A330 Airworthiness Limitations Section (ALS) Part 4, System
Equipment Maintenance Requirements (SEMR), Variation 6.1, dated
January 16, 2018; defines a calendar compliance time as ``March 5,
2010,'' for the modification of affected servo controls, the
calendar compliance time is April 14, 2011 (18 months after October
14, 2009 (the effective date of AD 2009-18-20)).

(i) No Alternative Actions or Intervals

    After accomplishing the revision 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 (k)(1) of this AD.

(j) Terminating Actions for the Requirements of AD 2017-05-10

    Accomplishing the actions required by paragraph (g) of this AD
terminates all requirements of AD 2017-05-10.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 International Section, send it to the attention of
the person identified in paragraph (l)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>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.
    (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, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus SAS's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2017-0228, dated November 21, 2017, 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-2018-0788.
    (2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
phone and fax:<PHONE_NUMBER>.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus A330 Airworthiness Limitations Section (ALS) Part 4,
System Equipment Maintenance Requirements (SEMR), Revision 06, dated
September 18, 2017.
    (ii) Airbus A330 Airworthiness Limitations Section (ALS) Part 4,
System Equipment Maintenance Requirements (SEMR), Variation 6.1,
dated January 16, 2018.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; phone: +33 5 61 93 36 96; fax:
+33 5 61 93 45 80; email<EMAIL_ADDRESS>
internet: http://www.airbus.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 January 10, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2019-02161 Filed 2-14-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Rules and Regulations]
[Pages 76860-76861]
[FR Doc No: 2015-31297]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0974]

Drawbridge Operation Regulation; Des Allemands Bayou, Des
Allemands, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Burlington Northern Santa Fe
Railroad swing span drawbridge across Des Allemands Bayou, mile 14.0,
at Des Allemands, St. Charles and Lafourche Parishes, Louisiana. This
deviation is necessary to perform two extensive rest pier
rehabilitations to the bridge. This deviation allows the bridge to
remain in its closed-to-navigation position for three eight-hour
periods during three consecutive days on two separate occasions.

DATES: This deviation is effective from 7 a.m. on January 13, 2016
through 3 p.m. on January 22, 2016.

ADDRESSES: The docket for this deviation, [USCG-2015-0974] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Donna Gagliano, Bridge Specialist,
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Burlington Northern Santa Fe Railroad
swing span drawbridge across Des Allemands Bayou, mile 14.0, at Des
Allemands, St. Charles and Lafourche Parishes, Louisiana, has a
vertical clearance of three feet above mean high water in the closed-
to-navigation position and unlimited in the open-to-navigation
position.
    The draw currently operates under 33 CFR 117.440(b). For purposes
of this deviation, the bridge will not be required to open from 7 a.m.
to 3 p.m.

daily for two three-day periods, occurring January 13 through 15, and
daily January 20 through 22, 2016. At all other times, the bridge will
operate in accordance with 33 CFR 117.440(b).
    The Burlington Northern Santa Fe Railroad requested a temporary
deviation for the operation of the drawbridge to accommodate
rehabilitation work involving rest pivot piers and swing span change
out, an extensive but necessary maintenance operation. Navigation on
the waterway consists of tugs with tows, fishing vessels and
recreational crafts.
    The Coast Guard has coordinated the closure with waterway users,
industry, and other Coast Guard units and determined that this closure
will not have a significant effect on vessel traffic.
    During this deviation for bridge rehabilitation, vessels will not
be allowed to pass through the bridge during the eight-hour closures
each day as stated above. Many of the vessels that currently require an
opening of the draw will be able to pass using the opposite channel
from 3 p.m. to 7 a.m. when the deviations are not in effect. The bridge
will not be able to open for emergencies and there is no immediate
alternate route for vessels to pass. The Coast Guard will also inform
the users of the waterways through our Local and Broadcast Notices to
Mariners of the change in operating schedule for the bridge so that
vessels can arrange their transits to minimize any impact caused by the
temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: December 7, 2015.
David M. Frank,
Bridge Administrator, Eighth Coast Guard District.
[FR Doc. 2015-31297 Filed 12-10-15; 8:45 am]
 BILLING CODE 9110-04-P