[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Notices]
[Pages 67784-67786]
[FR Doc No: 2011-28350]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65647, File No. SR-BYX-2011-021]

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Order
Approving Proposed Rule Change To Amend and Restate the Second Amended
and Restated Certificate of Incorporation of BATS Global Markets, Inc.

October 27, 2011.

I. Introduction

    On August 29, 2011, BATS Y-Exchange, Inc. (``BYX'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
amend the certificate of incorporation (``Certificate of
Incorporation'') of BATS Global Markets, Inc. (``Corporation'') in
connection with its anticipated initial public offering of shares of
its Class A Common Stock (the ``IPO''). The proposed rule change was
published for comment in the Federal Register on September 14, 2011.\3\
The Commission received no comment letters regarding the proposal. This
order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 65299 (September 8,
2011), 76 FR 56833 (September 14, 2011) (``Notice'').
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II. Description of the Proposal

    On May 13, 2011, the Corporation filed a registration statement on
Form S-1 with the Commission to register shares of Class A Common Stock
(as defined below) and disclose its intention to conduct its IPO and to
list those shares for trading on the Exchange. In connection with its
IPO, the Exchange filed this proposed rule change to amend and restate
the Corporation's current Second Amended and Restated Certificate of
Incorporation and adopt a Third Amended and Restated Certificate of
Incorporation (``New Certificate of Incorporation'').

A. Reclassification of Common Stock and Additional Authorized Shares

    The Exchange has proposed to revise the Certificate of
Incorporation to reclassify the Corporation's existing common stock,
``Voting Common Stock'' and ``Non-Voting Common Stock.'' This
reclassification will result in two classes of common stock, Class A
and Class B. Class A will be designated as either ``Class A Common
Stock'' or ``Non-

Voting Class A Common Stock.'' Class B will be designated as either
``Class B Common Stock'' or ``Non-Voting Class B Common Stock.'' In
connection with this reclassification, the Exchange has proposed
certain voting rights,\4\ transfer restrictions,\5\ and conversion
features \6\ for each class. The Class A Common Stock will have the
right to one vote per share, while the Class B Common Stock will have
the right to 2\1/2\ votes per share.
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    \4\ See generally proposed Section 4.04(a) of the New
Certificate of Incorporation.
    \5\ See generally proposed Section 4.04(b) of the New
Certificate of Incorporation.
    \6\ See generally proposed Section 4.04(c) of the New
Certificate of Incorporation. Among the conversion features
proposed, the Corporation proposes to have Class B shares
automatically convert into Class A shares upon a Class B holder
owning less than a 4,960,491 (approximately 2%) of the Corporation's
outstanding common stock. See proposed Section 4.04(c)(v)(B) of the
New Certificate of Incorporation.
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    The Exchange notes that the purpose of the reclassification of the
Corporation's common stock is to encourage the Corporation's existing
strategic investors to remain strategic investors of the Corporation
after the IPO.\7\ In its proposal, BYX states that the Class B holders
will in aggregate control a meaningful, but less than majority,
percentage of the vote on matters coming before the stockholders.\8\
The Exchange also notes that the transfer restrictions balance the
ability of existing strategic investors to orderly sell shares in the
open market, while at the same time retaining strategic benefits to the
Corporation of their significant ownership for a certain period of
time, through their holdings of Class B shares.\9\ Finally, the
Exchange notes that its automatic conversion features are intended to
ensure that only those investors with a significant economic investment
in the company (approximately 2%) will own the Class B Common
Stock.\10\
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    \7\ See Notice supra note 3, at 76 FR at 56835.
    \8\ See id.
    \9\ See id.
    \10\ See id.
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    The proposed New Certificate of Incorporation would increase the
number of shares the Corporation would be authorized to issue and would
also give the Corporation the authority to issue 40 million shares of
Preferred Stock, par value $0.01 per share.\11\
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    \11\ See proposed Section 4.01 of the proposed New Certificate
of Incorporation. The total number of authorized shares the
Corporation has authority to issue is 614,607,649.
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B. Limitations on Ownership and Voting Power

    As noted by the Exchange, the proposal maintains and enhances the
limitations on aggregate ownership and total voting power that exist
under the current Certificate of Incorporation.\12\ The Exchange has
also proposed to aggregate all shares of Class A Common Stock, Non-
Voting Class A Common Stock, Class B Common Stock, Non-Voting Class B
Common Stock, and any series of Preferred Stock of the Corporation as a
single class of capital stock of the Corporation for purposes of
determining compliance with the ownership and voting limitations. The
proposed New Certificate of Incorporation would explicitly include non-
voting stock in the calculation of ownership applicable to non-Member
shareholders.\13\
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    \12\ The relevant provisions of the Certificate of Incorporation
impose a 40% ownership limit on the amount of capital stock of the
Corporation that any person, either alone or together with its
related persons, may own, directly or indirectly, of record or
beneficially; a 20% ownership limit on the amount of capital stock
of the Corporation that any member of the Exchange, either alone, or
together with its related persons, may own directly or indirectly,
of record or beneficially, and prohibit any person, either alone or
together with its related persons, from having or exercising more
than 20% of the voting power of the capital stock of the
Corporation. See proposed Section 5.01(a)(i)-(iii) of the New
Certificate of Incorporation.
    \13\ See proposed Section 5.01(b)(1) of the New Certificate of
Incorporation.
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C. Bylaws and Future Amendments to the Certificate of Incorporation

    Currently, the Certificate of Incorporation provides that either
the Board of Directors or shareholders may adopt, amend, or repeal the
Bylaws of the Corporation. The proposal would modify this provision so
that, upon the change in ownership,\14\ stockholders may only adopt,
amend, or repeal the Bylaws upon the affirmative vote of at least 70%
of the total voting power of all outstanding shares of the
Corporation.\15\
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    \14\ ``Change of Ownership'' would be defined as a transaction
or series of transactions which results in the beneficial owners of
the Class B Common Stock and Non-Voting Class B Common Stock owning
in the aggregate less than a majority of the total voting power of
all outstanding securities of the Corporation then entitled to vote
generally in the election of directors, voting together as a single
class. See proposed Section 6.01(b) of the New Certificate of
Incorporation.
    \15\ See proposed Section 9.02(b) of the New Certificate of
Incorporation.
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D. Other Amendments

    The proposal will amend and restate various other provisions of the
current Certificate of Incorporation in a manner that the Exchange
believes are intended to reflect provisions that are more customary for
publicly-owned companies (such as those relating to the indemnification
of directors and business combinations, among others).

III. Discussion

    After careful review of the proposal, the Commission finds that the
proposed rule change is consistent with the requirements of the Act and
the rules and regulations thereunder applicable to a national
securities exchange.\16\ In particular, the Commission finds that the
proposal is consistent with Section 6(b)(1) of the Act, \17\ which
requires a national securities exchange to be so organized and have the
capacity to carry out the purposes of the Act and to enforce compliance
by its members and persons associated with the provisions of the Act.
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    \16\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \17\ 15 U.S.C. 78f(b)(1).
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    The Commission notes that the Exchange has represented that the
proposed rule change relates solely to the Certificate of the
Incorporation of the Corporation and that the Exchange will continue to
be governed by its existing certificate of incorporation and by-
laws.\18\ The Exchange has also represented that the Corporation will
continue to directly and solely hold all the stock in, and voting power
of, the Exchange and that the Exchange will continue to operate
pursuant to its existing governance structure.\19\
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    \18\ See Notice, supra note 3, 76 FR at 56834.
    \19\ See id.
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    The Commission further notes that the Exchange has represented that
the proposed rule change will maintain and enhance the existing
ownership and voting limitations in the Certificate of
Incorporation.\20\ To this end, the Exchange has proposed to aggregate
all classes of Common Stock and any Preferred Stock (if issued) of the
Corporation for purposes of determining stockholder compliance with its
ownership and voting limitations.\21\ The proposed rule change would
also include non-voting common stock in the calculations of such
ownership limitations. As a result, the Commission believes that the
proposed rule change should effectively maintain and bolster the
ownership and voting limits currently in place for the Corporation
consistent with Section 6(b)(1) of the Exchange Act.
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    \20\ See supra note 12 (discussing the limitations of ownership
of capital stock of the Corporation to 40% for any Person and 20%
for any member and voting power of capital stock of the Corporation
to 20% for any Person).
    \21\ See proposed Section 5.01(b)(i) of the New Certificate of
Incorporation.
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    The Commission believes that the enhanced ownership and voting
limitations should minimize the

potential that a person, including members, could improperly interfere
with or restrict the ability of the Commission or the Exchange to
effectively carry out their regulatory oversight responsibilities under
the Exchange Act. In addition, these limitations should protect against
the instance whereby a member's interest in an exchange or an entity
controlling the exchange becomes so large as to cast doubt on whether
the exchange can fairly and objectively exercise its self-regulatory
responsibilities with respect to that member.

III. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
\22\ that the proposed rule change (SR-BYX-2011-021) be, and hereby is,
approved.
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    \22\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 7 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-28350 Filed 11-1-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Notices]
[Pages 23555-23556]
[FR Doc No: 2013-09262]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2503-153]

Duke Energy Carolinas, LLC; Notice of Application for Amendment
of License and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-project use of project lands and waters.
    b. Project No: 2503-153.
    c. Date Filed: December 17, 2012.
    d. Applicant: Duke Energy Carolinas. LLC.
    e. Name of Project: Keowee-Toxaway Hydroelectric Project.
    f. Location: Lake Keowee, Oconee County, South Carolina.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Kelvin Reagan, Duke Energy Carolinas,
P.O. Box 1006, Charlotte, NC 28201-1006,<PHONE_NUMBER>.
    i. FERC Contact: Ms. Jade Alvey,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: May 13, 2013.
    All documents may be filed electronically via the Internet. See, 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
Please include the project number (P-2503-153) on any comments or
motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments

or documents with the Commission relating to the merits of an issue
that may affect the responsibilities of a particular resource agency,
they must also serve a copy of the document on that resource agency.
    k. Description of Application: Duke Energy Carolinas, LLC requests
Commission approval to lease 1.331 total acres of project lands, known
as Mosquito Point, to Breazeale Shoreline Erosion Control, Inc.,
Kroeger Marine Construction, Inc, Lakeside Barge Company, Inc., Trees
Unlimited, Inc./Shorescapes, and any additional future contractors, for
use as a construction staging area for lake construction activities
including, but not limited to excavations, shoreline stabilization,
assembling of docking facilities and mooring, loading and unloading of
materials and equipment from barges, and other construction-related
activities. Mosquito Point has existing staging facilities currently in
use, and the licensee is requesting that the existing and additional
proposed facilities be considered for approval together. The Mosquito
Point shoreline area is 428.38 contiguous linear feet, but is described
as four areas for the purpose of the application. Each area would house
two barges and two barge pushers. The existing facilities consist of
three wooden piers, a retaining wall, three gravel loading ramps, and a
concrete loading ramp. The additional proposed facility is a gravel
loading ramp to be used as a barge loading area. The application
provides location, descriptions, and dimension for the existing and
proposed facilities, as well as documentation of consultation with the
relevant agencies.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field (P-2503) to access the document. You
may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, call 1-866-
208-3676 or email<EMAIL_ADDRESS>for TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the
address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) Bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: April 12, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-09262 Filed 4-18-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Rules and Regulations]
[Pages 62460-62461]
[FR Doc No: 2023-19546]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1389; Airspace Docket No. 23-AGL-19]
RIN 2120-AA66

Amendment of Class E Airspace; Quincy, IL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class E airspace at Quincy, IL. This
action is the result of an airspace review caused by the
decommissioning of the Quincy very high frequency omnidirectional range
(VOR) as part of the VOR Minimum Operating Network (MON) Program. The
name and geographic coordinates of the airport and name of the
navigational aid are also being updated to coincide with the FAA's
aeronautical database.

DATES: Effective 0901 UTC, November 30, 2023. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class E surface airspace and the Class E airspace
extending upward from 700 feet above the surface at Quincy Regional
Airport-Baldwin Field, Quincy IL, to support instrument flight rule
(IFR) operations at this airport.

History

    The FAA published an NPRM for Docket No. FAA-2023-1389 in the
Federal Register (88 FR 41337; June 26, 2023) proposing to amend the
Class E airspace at Quincy IL. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received.

Incorporation by Reference

    Class E airspace designations are published in paragraphs 6002 and
6005 of FAA Order JO 7400.11, Airspace Designations and Reporting
Points, which is incorporated by reference in 14 CFR 71.1 on an annual
basis. This document amends the current version of that order, FAA
Order JO 7400.11G, dated August 19, 2022, and effective September 15,
2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. These amendments will be published
in the next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This amendment to 14 CFR part 71:
    Modifies the Class E surface airspace to within a 4.3-mile
(increased from a 4.2-mile) radius of Quincy Regional Airport-Baldwin
Field, Quincy, IL; removes the Quincy VORTAC and associated extension
from the airspace legal description; updates the name (previously
Quincy Municipal Baldwin Field) and geographic coordinates of the
airport to coincide with the FAA's aeronautical database; and replaces
the outdated terms ``Notice to Airmen'' with ``Notice to Air Missions''
and ``Airport/Facility Directory'' with ``Chart Supplement'';
    And modifies the Class E airspace extending upward from 700 feet
above the surface to within a 6.8-mile (decreased from a 7.1-mile)
radius of Quincy Regional Airport-Baldwin Field; amends the extension
to the southwest to within 4 miles each side (previously 4.4 miles
northwest and 7 miles southeast) of the 220[deg] bearing from the
Quincy RGNL-Baldwin FLD: RWY 04--Marker Beacon (previously Quincy ILS
localizer southwest course) extending from the 6.8-mile (previously 7-
mile) radius of the Quincy Regional Airport-Baldwin Field to 9.8 miles
(previously 10.4 miles) southwest of the Quincy RGNL-Baldwin FLD: RWY
04--Marker Beacon (previously Quincy LOM/NDB); and updates the name and
geographic coordinates of Quincy Regional Airport-

Baldwin Field (previously Quincy Municipal Baldwin Field) and the name
of Quincy RGNL-Baldwin FLD: RWY 04--Marker Beacon (previously Quincy
LOM/NDB) to coincide with the FAA's aeronautical database.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area.

* * * * *

AGL IL E2 Quincy, IL [Amended]

Quincy Regional Airport-Baldwin Field, IL
    (Lat 39[deg]56'32'' N, long 91[deg]11'33'' W)

    Within a 4.3-mile radius of Quincy Regional Airport-Baldwin
Field. This Class E airspace area is effective during the specific
dates and times established in advance by a Notice to Air Missions.
The effective dates and times will thereafter be continuously
published in the Chart Supplement.
* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL IL E5 Quincy, IL [Amended]

Quincy Regional Airport-Baldwin Field Airport, IL
    (Lat 39[deg]56'32'' N, long 91[deg]11'33'' W)
Quincy RGNL-Baldwin FLD: RWY 04--Marker Beacon
    (Lat 39[deg]53'13'' N, long 91[deg]15'13'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Quincy Regional Airport-Baldwin Field;
and within 4 miles each side of the 220[deg] bearing from the Quincy
RGNL-Baldwin FLD: RWY 04--Marker Beacon extending from the 6.8-mile
radius of the Quincy Regional Airport-Baldwin Field to 9.8 miles
southwest of the Quincy RGNL-Baldwin FLD: RWY 04--Marker Beacon.
* * * * *

    Issued in Fort Worth, Texas, on September 6, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-19546 Filed 9-11-23; 8:45 am]
BILLING CODE 4910-13-P


10 CSR 10-2.230 Control of Emissions from Industrial Surface Coating Operations

(1) Applicability.

(A) This rule applies only in Clay, Jackson, and Platte Counties.

(B) This rule applies to any installation with an uncontrolled potential to emit greater than 6.8 kg/day or 2.7 tons per year of volatile organic compounds (VOC) from industrial surface coating operations covered under this rule. The uncontrolled potential to emit is the potential emissions (as defined) plus the VOC removed by emission control devices.

(C) This rule is not applicable to the following:

            1. Exterior refinishing of airplanes;
            2. Automobile refinishing;
            3. Customizing top coating of automobiles and trucks, if production is less than thirty-five (35) vehicles per day;
		4. Exterior of marine vessels;
            5. Surface coating that is part of janitorial, building, and installation maintenance operations;
            6. Research and development, performance testing, and quality control of coatings and surface coated products;
            7. Aerosol coating products subject to 40 CFR 59 subpart C or E;
            8. Field application of architectural coatings to buildings, building components, and stationary structures;
            9. Powder coatings;
            10. Surface coating and cleaning of aerospace vehicles or components at an aerospace manufacture or rework facility that --
            	A. Is subject to the requirements and/or aerospace specific exemptions of 10 CSR 10-2.205; or
            	B. Is not subject to 10 CSR 10-2.205 because the installation's potential to emit VOCs from aerospace surface coating and cleaning is twenty-five(25) tons per year or less;
            11. Application and storage of coatings subject to 49 CFR 59 subpart D;
            12. Printing operations subject to the requirements of 10 CSR 10-2.290 or 10 CSR 10-2.340;
            13. Surface coating and cleaning of articles used for internal company operations including, but not limited to, work stands; scaffolding; jigs; tooling; dollies; tow bars; aircraft ground support equipment; portable equipment used for maintenance, testing, fabrication, or repair; toolboxes; storage bins; shelving; and other manufacturing or warehouse support items;
            14. Adhesives and sealants that contain less than 0.17 pounds of VOC per gallon of coating (less water and exempt compounds) as applied;
            15. Cyanoacrylate adhesives;
            16. Adhesives, sealants, adhesive primers, and sealant primers that are supplied by the manufacturer or supplier in containers with a net volume of sixteen (16) fluid ounces or less, or a net weight of one (1) pound or less, except plastic cement welding adhesives and contact adhesives;
            17. Contact adhesives that are supplied by the manufacturer or supplier in containers with a net volume of one (1) gallon or less;
            18. Adhesives, sealants, adhesive primers, sealant primers, surface preparation, and cleanup solvents used in the following operations:
            	A. Tire repair operations, provided the adhesive is labeled for tire repair only;
            	B. Assembly, repair, and manufacture of aerospace or undersea-based weapon systems components;
            	C. Plastic solvent welding operations used in the manufacture of medical devices or in the manufacture of medical equipment; and
            	D. Plaque laminating operations in which adhesives are used to bond clear, polyester acetate laminate to wood with lamination equipment installed prior to July 1, 1992; and
            19. Military specification coatings that meet the following criteria:
            	A. The coating is applied only to military equipment used for national defense;
            	B. The coating performance is critical to the successful operation of the military equipment; and
            	C. The coating is mandated in a specification or contract and a substitution of coatings is not allowed.

(2) Definitions.

(A) Adhesive -- Any chemical substance that is applied for the purpose of bonding two (2) surfaces together other than by mechanical means.

(B) Adhesive primer -- A product intended by the manufacturer for application to a substrate, prior to the application of an adhesive, to provide a bonding surface.

(C) Air-dried coating -- The coatings drid bny the use of air or forced warm air at temperatures up to ninety degrees Celsius (90 °C) (one hundred ninety-four degrees Fahrenheit (194 °F)).

(D) Architectural coating -- A coating recommended for field application to stationary structures and their appurtenances, to portable buildings, to pavements, or to curbs. This definition excludes adhesives and coatings recommended by the manufacturer or importer solely for shop applications or solely for application to nonstationary structures, such as airplanes, ships, boats, and railcars.

(E) Automobile -- A four (4)-wheel passenger motor vehicle or derivative capable of seating no more than twelve (12) passengers.

(F) Clear coat -- A coating which lacks color and opacity or is transparent and uses the undercoat as a reflectant base or undertone color. This term also includes corrosion preventative coatings used for the interior of drums or pails.

(G) Coating applicator -- An apparatus used to apply a surface coating.

(H) Coating line -- one (1) or more apparatus or operations which include a coating applicator, flash-off area, and oven where a surface coating is applied, dried, or cured, or a combination of these.

(I) Contact adhesive -- A contact adhesive does not include rubber cements that are primarily intended for use on paper substrates. Contact adhesive also does not include vulcanizing fluids that are designed and labeled for tire repair only. A contact adhesive is an adhesive that --
      	1. Is designed for application to both surfaces to be bonded together;
      	2. Is allowed to dry before the two (2) surfaces are placed in contact with each other;
      	3. Forms an immediate bond that is impossible, or difficult, to reposition after both adhesive-coated surfaces are placed in contact with each other; and
      	4. Does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces.

(J) Cyanoacrylate adhesive -- An adhesive with a cyanoacrylate content of at least ninety-five percent (95%) by weight.

(K) Drum -- Any cylindrical container of thirteen to one hundred ten (13-110)-gallon capacity.

(L) End seal compound -- The gasket forming coating used to attach the end pieces of a can during manufacturing or after filling with contents.

(M) Extreme performance coating -- A coating used on a metal or plastic surface where the coated surface is, in its intended use, subject to the following:
      	1. Chronic exposure to corrosive, caustic, or acidic agents, chemicals, chemical fumes, chemical mixtures, or solutions;
      	2. Repeated exposure to temperatures in excess of two hundred fifty degrees Fahrenheit (250 °F); or
      	3. Repeated heavy abrasion, including mechanical wear and repeated scrubbing with industrial grade solvents, cleansers, or scouring agents.

(N) Fabric coating֫ -- A coating applied to a textile substrate by dipping or by means of a knife or roll.

(O) Final repair -- The final coatings applied to correct topcoat imperfections after the complete assembly of the automobile.

(P) Flash-off area -- The space between the application are and the oven.

(Q) Industrial surface coating operation -- The surface coating of manufactured items intended for distribution in commerce to persons other than the person or legal entity performing the surface coating.

(R) Interior body spray -- The surface coating for the interior and ends of a two(2)-piece formed can or the surface coating of the side of the rectangular material to be used as the interior and ends of a three (3)-piece can.

(S) Light-duty truck -- Any motor vehicle rated at eight thousand five hundred pounds (8,500 lbs.) gross vehicle weight or less or a derivation of this vehicle which is designed primarily for the purpose of transportation of property.

(T) Marine vessel -- A craft capable of being used as a means of transportation on water, except amphibious vehicles.

(U) Pail -- Any nominal cylindrical container of one to twelve (1-12)-gallon capacity.

(V) Primer -- The first surface coating applied to the surface.

(W) Primer-surfacer -- The surface coatings applied over the primer and beneath the topcoat.

(X) Sheet basecoat -- The roll coated primary interior surface coating applied to surfaces for the basic protection of buffering filling material from the metal can surface.

(Y) Topcoat -- The surface coating applied for the purpose of establishing the color of protective surface, or both, including ground coat and paint sealer materials, base coat, and clear coat.

(Z) Transfer Efficiency (TE) -- Ratio of the amount of coating solids transferred onto a product to the total of coating solids used. In any surface coating operation, TE is the ratio of solids in a coating that adhere on a target surface to the total solids used in the process for coating the target surface.

(AA) Vinyl coating -- The application of a decorative or protective topcoat, or printing or vinyl-coated fabric or vinyl sheet.

(BB) Definitions of certain general terms specified in this rule may be found in 10 CSR 10-6.020.

(3) General Provisions. No person shall emit to the atmosphere any VOC from any industrial surface coating operation in excess of the amount allowed in subsections (3)(A) and (3)(B) of this rule. The following emission limits and compliance dates apply to all application areas, flash-off areas, and ovens used in any affected industrial surface coating operation.

(A) Table A:  VOC Emission Limits Based on Solids Applied

                              Dates of Emission
                              Limit lbs. VOC/gal.    Compliance
Surface Coating Operation     solids applied        (See Note 1)

Auto/light-duty truck
  Ford Motor Company
    Primer Surfacer					15.1			12/24/87
    Topcoat (passenger)				15.1			12/31/88
    Topcoat (truck)
    (See Note 2)					15.1			12/31/88

(B) Table B: VOC Emission Limits Based on Weight of VOC per Gallon of Coating (minus water and non-VOC organic compounds)

                              Emission Limit lbs.
                               VOC/gal. coating       Dates of
                            (minus water & non-VOC   Compliance
Surface Coating Operation     organic compounds)    (See Note 1)

Large Appliance
  Topcoat						2.8			12/31/81
  Final Repair						6.5			12/31/81
Magnet Wire						1.7			12/31/81
Metal Furniture					3.0			12/31/81
Auto/light-duty truck
  Ford Motor Company
    Electrocoat prime					1.2			12/31/82
    Topcoat (truck)					3.6			12/31/85
    Topcoat (passenger)				3.6			12/31/86
    Final Repair						4.8			12/31/85
    Miscellaneous Metal Parts
     Extreme Performance Coating and
     air dried Coatings					3.5			12/31/82
      All Other Coatings				3.0			12/31/82

Paper							2.9			12/31/81
Vinyl Coating						3.8			12/31/81
Fabric Coating						2.9			12/31/81
Coil							2.6			12/31/81
Can
  2 piece exterior					4.0			12/31/82
    sheet basecoat					2.8			12/31/85
  2 and 3 piece interior
    body spray						4.2			12/31/82
  2 piece end exterior					4.2			12/31/82
  3 piece side seam					5.5			12/31/82
  end seal compound					4.2			12/31/82
							3.7			12/31/85
Railroad Cars, Farm
 Implements, Machinery,
 and Heavy Duty Trucks				3.5			12/31/82
Other Metal Parts
  Clear Coat						4.3			12/31/82
    extreme performance and
     air dried Coatings					3.5			12/31/82
    All other Coatings					3.0			12/31/82

  Note 1.  The emission limit associated with the latest compliance date for each surface coating process supersedes interim emission limits associated with earlier compliance dates.

  Note 2.  A formal commitment submitted to and received by the director prior to 12/31/88 to construct or modify the truck topcoat surface coating operation no later than 12/31/90 to meet the provisions of 10 CSR 10-6.070 or 40 CFR 60 subpart MM, whichever is more stringent, may be substituted for this emission limitation. The emission limit specified by the rules referenced in this note is 12.3 lbs. VOC per gallon of solids applied.

(4) Reporting and Record keeping

(A) The owner or operator of a coating line shall keep records detailing specific VOC sources, as necessary to determine compliance. These may include:

            1. The type and the quantity of coatings used daily;
            2. The coating manufacturer's formulation data for each coating on forms provided or approved by the director;
            3. The type and quantity of solvents for coating, thinning, purging and equipment cleaning used daily;
            4. All test results to determine capture and control efficiencies, transfer efficiencies, and coating makeup;
            5. The type and quantity of waste solvents reclaimed or discarded daily;
            6. The quantity of pieces or materials coated daily; and
            7. Any additional information pertinent to determine compliance.

(B) Records such as daily production rates may be substituted for actual daily coating use measurement provided the owner submits a demonstration approvable by the director that such records are adequate for the purposes of this rule. This will apply for all surface coating industries until the U.S. Environmental Protection Agency (EPA) issues national daily emissions recordkeeping protocols for specific industrial classifications.

(C) Owners or operators shall retain records for a minimum of two (2) years and make the records available to the director upon request.

(5) Test Methods. Use the methods in subsections (5)(A)-(C) as applicable and appropriate to determine compliance with section (3) requirements.

(A) To calculate the daily volume-weighted emission performance for automobile and light-duty truck primer-surfacer and topcoat operations for subsection (3)(A), use the procedures in the EPA document, Protocol for Determining the Daily Volatile Organic Compound Emission Rate for Automobile and Light-Duty Truck Topcoat Operations as incorporated by reference in 10 CSR 10-6.030(20).

(B) For subsection (3)(B) --

	1. Compliance with emission limits may be demonstrated EPA Method 24 as specified in 10 CSR 10-6.030(22) using the one (1)-hour bake. Emission performance is based on the daily volume-weighted average of all coatings used in each surface coating operation as delivered to the coating applicator(s) on a coating line. The daily volume-weighted average (DAVGVW) is calculated by the following formula:

                                     n
                                     (Ai x Bi)
                        DAVGVW =     i=1
                                  ______________
                                      C
________________________________________________________________

            Where:  A = daily gal. each coating used (minus water and exempt solvents) in an industrial surface coating operation.

                    B = lbs. VOC/gal. coating (minus water and exempt solvents).

                    C = total daily gal. coatings used (minus water and exempt solvents) in a surface coating operation.

                    n = number of all coatings used in an industrial surface coating operation; or

		2. Compliance with the emission limits in subsection (3)(B) may be demonstrated on a pounds of VOC per gallon of coating solids basis. The demonstration is made by first converting the emission limit in subsection (3)(B) to pounds of VOC per gallon of coating solids as shown in the following three (3) steps:

                                    1)

lbs. VOC per gallon of
 coating minus water        (Emission Limit
 and exempt solvents        from (3)(B))                __________________________________________________    = volume
                                                        fraction
7.36 lbs. per gallon        (average density of         of VOC
                            solvents used to
                            originally establish
                            the emission limit.)

                                   2)

1-Volume fraction of VOC      =        Volume fraction of solids

                                   3)

lbs. VOC per gallon of
 coating minus water        (Emission Limit
 and exempt solvents        from (4)(B))           lbs. VOC
____________________________________________   =   ______________
                            Volume fraction        gallon of
                            of solids             coating solids

            This value is the new compliance figure. The VOC per gallon of coating solids for each coating used is then determined using the method referenced in 10 CSR 10-6.030(14)(C) using the one-hour bake. The composite daily volume-weighted average of pounds of VOC per gallon of coating solids as tested for in the actual coatings used is compared to the new compliance figure. Source operations on a coating line using coatings with a composite actual daily volume-weighted average value less than or equal to the new compliance figure are in compliance with this rule.

(C) As an alternative to the methods specified in subsections (5)(A) and (B), compliance with the emission limits specified in subsections (3)(A) and (B) may be demonstrated by the implementation of an emission reduction equivalency compliance plan, which utilizes a daily weighted average of emissions from a single or combination of source operations provided that --

            1. All source operations involved in the plan are subject to the emission limits of this rule;
            2. All source operations are part of the same installation;
            3. The total actual VOC emissions from each twenty-four (24)-hour period do not exceed the sum of the allowable emissions determined from section (3) for each source operation for the same period;
            4. Equivalent emission reductions are accomplished in the time intervals allowed in subsection (5)(B);
            5. After December 24, 1987, testing of raw materials, emissions, equipment, or a combination of these, shall be performed prior to initiation of an alternate compliance plan to verify any equivalent emission reductions claimed. Director approval prior to review is necessary for all test methods and procedures to be acceptable for use in the equivalency determination. Failure to gain test method and procedure approval of the director will invalidate the equivalency claim; and
            6. The overall plan is approved by the director.


[Federal Register Volume 79, Number 172 (Friday, September 5, 2014)]
[Rules and Regulations]
[Pages 52953-52957]
[FR Doc No: 2014-21019]

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

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

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 79, No. 172 / Friday, September 5, 2014 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0623; Directorate Identifier 2014-NM-139-AD;
Amendment 39-17966; AD 2014-18-02]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2014-05-02 for
certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and
-500 series airplanes. AD 2014-05-02 required repetitive inspections
for cracking and corrosion of the aft pressure bulkhead, repetitive
inspections of the frame chord drain path for debris, and corrective
actions if necessary; and, for certain airplanes, enlargement of frame
chord drain holes. This AD requires the same actions as AD 2014-05-02,
but revises a certain repetitive inspection interval to avoid a
misunderstanding of the repetitive inspection interval for the aft
pressure bulkhead. This AD was prompted by reports from operators
expressing confusion regarding a certain repetitive inspection interval
for the aft pressure bulkhead. We are issuing this AD to detect and
correct corrosion or cracking of the aft pressure bulkhead, which could
result in loss of the aft pressure bulkhead web and stiffeners, and
consequent rapid decompression of the airplane.

DATES: This AD is effective September 22, 2014.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 27, 2002
(67 FR 36085, May 23, 2002).
    We must receive any comments on this AD by October 20, 2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

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-2014-
0623; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Alan Pohl, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax:
425-917-6590; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On February 18, 2014, we issued AD 2014-05-02, Amendment 39-17775
(79 FR 12045, March 4, 2014), for certain The Boeing Company Model 737-
100, -200, -200C, -300, -400, and -500 series airplanes. AD 2014-05-02
required repetitive inspections for cracking and corrosion of the aft
pressure bulkhead, repetitive inspections of the frame chord drain path
for debris, and corrective actions if necessary; and, for certain
airplanes, enlargement of frame chord drain holes. AD 2014-05-02
resulted from three reports of severe corrosion in the area affected by
AD 2002-10-11, Amendment 39-12757 (67 FR 36085, May 23, 2002), which AD
2014-05-02 superseded. We issued AD 2014-05-02 to detect and correct
corrosion or cracking of the aft pressure bulkhead, which could result
in loss of the aft pressure bulkhead web and stiffeners, and consequent
rapid decompression of the airplane.

Actions Since AD 2014-05-02, Amendment 39-17775 (79 FR 12045, March 4,
2014) Was Issued

    Since we issued AD 2014-05-02, Amendment 39-17775 (79 FR 12045,
March 4, 2014), we have received reports from operators expressing
confusion regarding the repetitive inspection interval for the aft
pressure bulkhead inspection that was required by paragraph (l)(2) of
AD 2014-05-02. We are issuing this AD to detect and correct corrosion
or cracking of the aft pressure bulkhead, which could result in loss of
the aft pressure bulkhead web and stiffeners, and consequent rapid
decompression of the airplane.

FAA's Determination

    We are issuing 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.

AD Requirements

    This AD requires the same actions that were required by AD 2014-05-
02, Amendment 39-17775 (79 FR 12045, March 4, 2014), but we have
revised the

wording of the repetitive inspection interval for the aft pressure
bulkhead specified in paragraph (l)(2) of this AD to clarify the
required action. We have stated that the repetitive inspection interval
must be repeated at intervals not to exceed 2 years.

Additional Change to AD 2014-05-02, Amendment 39-17775 (79 FR 12045,
March 4, 2014)

    We have corrected a typographical error in the supplemental type
certificate number that is in paragraph (c)(2) of AD 2014-05-02,
Amendment 39-17775 (79 FR 12045, March 4, 2014).
    We have also added a statement to paragraphs (k) and (o) of this AD
that for repaired areas, the required inspection may be accomplished
without removal of the repairs. This change will not increase the
economic burden on any operator, nor will it increase the scope of this
AD.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
operators have been uncertain of the correct repetitive inspection
interval for the aft pressure bulkhead inspection. Therefore, we find
that notice and opportunity for prior public comment are impracticable
and that good cause exists for making this amendment effective in less
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
the docket number FAA-2014-0623, and directorate identifier 2014-NM-
139-AD at the beginning of your comments. We specifically invite
comments on the overall regulatory, economic, environmental, and energy
aspects of this AD. We will consider all comments received by the
closing date and may amend this 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 AD.

Costs of Compliance

    We estimate that this AD affects 419 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost     Cost per product         operators
----------------------------------------------------------------------------------------------------------------
Inspection [actions retained from  4 work-hours x $85             $0   $340 per inspection   $142,460 per
 AD 2014-05-02, Amendment 39-       per hour = $ 340                    cycle.                inspection cycle.
 17775 (79 FR 12045, March 4,       per inspection
 2014)].                            cycle.
----------------------------------------------------------------------------------------------------------------

    The requirements of this AD add no additional economic burden.
    We estimate the following costs to do any necessary repairs that
would be required based on the results of the inspection. We have no
way of determining the number of aircraft that might need these
repairs.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                 Action                          Labor cost          Parts  cost         Cost per  product
----------------------------------------------------------------------------------------------------------------
Repair [actions retained from AD 2014-   Up to 136 work-hours x          $5,217   Up to $16,777.
 05-02, Amendment 39-17775 (79 FR         $85 per hour = Up to
 12045, March 4, 2014)].                  $11,560.
----------------------------------------------------------------------------------------------------------------

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

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2014-05-02, Amendment 39-17775 (79 FR 12045, March 4, 2014), and adding
the following new AD:

2014-18-02 The Boeing Company: Amendment 39-17966; Docket No. FAA-
2014-0623; Directorate Identifier 2014-NM-139-AD.

(a) Effective Date

    This AD is effective September 22, 2014.

(b) Affected ADs

    This AD replaces AD 2014-05-02, Amendment 39-17775 (79 FR 12045,
March 4, 2014).

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, certificated in any
category, line numbers (LNs) 1 through 3132 inclusive.
    (2) Installation of Supplemental Type Certificate (STC)
ST01219SE (http://
rgl.faa.govRegulatoryandGuidanceLibraryrgs
tc.nsf0be866b732f6cf31086257b9700692796$FILEST01219SE.pdf) does not
affect the ability to accomplish the actions required by this AD.
Therefore, for airplanes on which STC ST01219SE is installed, a
''change in product'' alternative method of compliance (AMOC)
approval request is not necessary to comply with the requirements of
14 CFR 39.17.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by three reports of severe corrosion in the
area affected by AD 2002-10-11, Amendment 39-12757 (67 FR 36085, May
23, 2002). We are issuing this AD to detect and correct corrosion or
cracking of the aft pressure bulkhead, which could result in loss of
the aft pressure bulkhead web and stiffeners, and consequent rapid
decompression of the airplane.

(f) Compliance

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

(g) Retained Initial Aft Pressure Bulkhead Inspection

    This paragraph restates the requirements of paragraph (g) of AD
2014-05-02, Amendment 39-17775 (79 FR 12045, March 4, 2014), with no
changes. For Model 737 series airplanes having LNs 1 through 929
inclusive, with more than 20,000 hours time-in-service or 7 years
since date of manufacture, whichever occurs first: Within 120 days
after January 20, 1986 (the effective date of AD 84-20-03 R1,
Amendment 39-5183 (50 FR 51235, December 16, 1985)), unless already
accomplished within 21 months before January 20, 1986, visually
inspect the body station (BS) 1016 pressure bulkhead, including
inspecting for cracking and corrosion of the pressure bulkhead, and
for debris in the drain path in the chord frame, according to Boeing
Alert Service Bulletin 737-53A1075, Revision 1, dated September 2,
1983; Revision 2, dated July 13, 1984; or Revision 3, dated June 8,
2000. Remove any obstruction to the drain hole in the frame chord
and replace any deteriorated leveling compound, as noted in Boeing
Alert Service Bulletin 737-53A1075, Revision 1, dated September 2,
1983; Revision 2, dated July 13, 1984; or Revision 3, dated June 8,
2000. Treat the area of inspection with corrosion inhibitor Boeing
Material Specification (BMS) 3-23, or equivalent. After June 8, 2000
(the effective date of AD 2014-05-02), use only Boeing Alert Service
Bulletin 737-53A1075, Revision 3, dated June 8, 2000, to do the
actions required by this paragraph.

(h) Retained Drain Hole Enlargement

    This paragraph restates the requirements of paragraph (h) of AD
2014-05-02, Amendment 39-17775 (79 FR 12045, March 4, 2014), with no
changes. For airplanes identified in paragraph (g) of this AD:
Within 1 year after January 20, 1986 (the effective date of AD 84-
20-03 R1, Amendment 39-5183 (50 FR 51235, December 16, 1985)),
accomplish the drain hole enlargement as shown in Boeing Alert
Service Bulletin 737-53A1075, Revision 1, dated September 2, 1983;
Revision 2, dated July 13, 1984; or Revision 3, dated June 8, 2000.
After April 8, 2014 (the effective date of AD 2014-05-02), use only
Boeing Alert Service Bulletin 737-53A1075, Revision 3, dated June 8,
2000, to do the actions required by this paragraph.

(i) Retained Corrective Action

    This paragraph restates the requirements of paragraph (i) of AD
2014-05-02, Amendment 39-17775 (79 FR 12045, March 4, 2014), with no
changes. If cracking or corrosion is found during any inspection
required by paragraph (g) or (j) of this AD: Before further flight,
repair according to paragraph (i)(1) or (i)(2) of this AD, as
applicable.
    (1) If the inspection was done before April 8, 2014 (the
effective date of AD 2014-05-02, Amendment 39-17775 (79 FR 12045,
March 4, 2014)): Repair according to Boeing Alert Service Bulletin
737-53A1075, Revision 1, dated September 2, 1983; Revision 2, dated
July 13, 1984; or Revision 3, dated June 8, 2000; or according to a
method approved by the Manager, Seattle Aircraft Certification
Office (ACO), FAA; or per data meeting the type certification basis
of the airplane approved by a Boeing Company Designated Engineering
Representative (DER) who has been authorized by the Manager, Seattle
ACO, to make such findings. For a repair method to be approved by
the Manager, Seattle ACO, as required by this paragraph, the
Manager's approval letter must specifically reference this AD.
    (2) If the inspection was done on or after April 8, 2014 (the
effective date of AD 2014-05-02, Amendment 39-17775 (79 FR 12045,
March 4, 2014)): Repair using a method approved in accordance with
the procedures specified in paragraph (p) of this AD.

(j) Retained Repetitive Visual Inspections of Aft Pressure Bulkhead

    This paragraph restates the requirements of paragraph (j) of AD
2014-05-02, Amendment 39-17775 (79 FR 12045, March 4, 2014), with no
changes. For airplanes identified in paragraph (g) of this AD:
Repeat the visual inspections and corrosion inhibitor treatment
specified in paragraph (g) of this AD at intervals not to exceed 2
years. Accomplishment of the initial aft pressure bulkhead
inspection required by paragraph (k) of this AD terminates the
inspection required by this paragraph.

(k) Retained Aft Pressure Bulkhead Detailed Inspection

    This paragraph restates the requirements of paragraph (k) of AD
2014-05-02, Amendment 39-17775 (79 FR 12045, March 4, 2014), with
clarification for repaired areas. Do a detailed inspection for
cracking or corrosion of the aft pressure bulkhead at BS 1016
(including the forward and aft sides of the pressure web, forward
and aft sides of the pressure chord, pressure chord radius, forward
and aft sides of the angle stiffener, forward and aft chord,
stringer end fitting, system penetration doublers, channel
stiffeners and fasteners, ``Z'' stiffeners and fasteners, and
fasteners common to the pressure chord and pressure web), according
to Boeing Alert Service Bulletin 737-53A1075, Revision 3, dated June
8, 2000. Do this inspection at the applicable time shown in
paragraph (k)(1), (k)(2), or (k)(3) of this AD. For repaired areas,
this inspection may be accomplished without removal of the repairs.
    (1) For airplanes on which an inspection has previously been
done according to the requirements of paragraph (g) of this AD: Do
the inspection within 2 years since the most recent inspection
according to paragraph (g) or (j) of this AD, as applicable. For the
airplanes identified in paragraph (g) of this AD, accomplishment of
the inspection required by paragraph (k) of this AD terminates the
inspections for cracking and corrosion required by paragraph (j) of
this AD.
    (2) For airplanes having L/Ns 930 through 1042 inclusive, on
which an inspection has not previously been done according to
paragraph (g) of this AD: Do the inspection within 2 years after
June 27, 2002 (the effective date AD 2002-10-11, Amendment 39-12757
(67 FR 36085, May 23, 2002)).
    (3) For airplanes having L/Ns 1043 through 3132 inclusive, on
which an inspection has

not previously been done according to paragraph (g) of this AD: Do
the inspection within 6 years since the airplane's date of
manufacture, or within 2 years after June 27, 2002 (the effective
date AD 2002-10-11, Amendment 39-12757 (67 FR 36085, May 23, 2002)),
whichever occurs later.

(l) Retained Repetitive Detailed Inspections of Aft Pressure Bulkhead

    This paragraph restates the requirements of paragraph (l) of AD
2014-05-02, Amendment 39-17775 (79 FR 12045, March 4, 2014), with
revised compliance times in paragraph (l)(2) of this AD. Repeat the
inspection in paragraph (k) of this AD at the applicable time shown
in paragraph (l)(1) or (l)(2) of this AD.
    (1) For airplanes having L/Ns 1 through 1042 inclusive: Repeat
the inspection thereafter at intervals not to exceed 2 years.
    (2) For airplanes having L/Ns 1043 through 3132 inclusive:
Repeat the inspection within 2 years since the last inspection or
within 120 days after April 8, 2014 (the effective date of AD 2014-
05-02, Amendment 39-17775 (79 FR 12045, March 4, 2014)), whichever
occurs later. Repeat the inspection thereafter at intervals not to
exceed 2 years.

(m) Retained Repair

    This paragraph restates the requirements of paragraph (m) of AD
2014-05-02, Amendment 39-17775 (79 FR 12045, March 4, 2014), with no
changes. If any corrosion or cracking is found during any inspection
according to paragraph (k) or (l) of this AD: Do the applicable
action specified in paragraph (m)(1) or (m)(2) of this AD.
    (1) If the inspection was done prior to April 8, 2014 (the
effective date of AD 2014-05-02, Amendment 39-17775 (79 FR 12045,
March 4, 2014)): Before further flight, repair according to Boeing
Alert Service Bulletin 737-53A1075, Revision 3, dated June 8, 2000.
Exception: If corrosion or cracking of the web and stiffeners is
outside the limits specified in Boeing Alert Service Bulletin 737-
53A1075, Revision 3, dated June 8, 2000, or if corrosion or cracking
is found in any structure not covered by the repair instructions in
Boeing Alert Service Bulletin 737-53A1075, Revision 3, dated June 8,
2000, before further flight, repair according to a method approved
by the Manager, Seattle ACO; or per data meeting the type
certification basis of the airplane approved by the Boeing
Commercial Airplanes Organization Designation Authorization (ODA)
who has been authorized by the Manager, Seattle ACO, to make such
findings. For a repair method to be approved by the Manager, Seattle
ACO, as required by this paragraph, the Manager's approval letter
must specifically reference this AD.
    (2) On or after April 8, 2014 (the effective date of AD 2014-05-
02, Amendment 39-17775 (79 FR 12045, March 4, 2014)), if any
corrosion or cracking is found during any inspection required by
this AD: Before further flight, repair the corrosion or cracking
using a method approved in accordance with the procedures specified
in paragraph (p) of this AD.

(n) Retained Repetitive Drain Path Inspections

    This paragraph restates the requirements of paragraph (n) of AD
2014-05-02, Amendment 39-17775 (79 FR 12045, March 4, 2014), with no
changes. For airplanes having L/N 1 through 3132 inclusive: Within 2
years since the last inspection in accordance with paragraph (k) of
this AD or within 2 years after April 8, 2014 (the effective date of
AD 2014-05-02), whichever occurs later: Do a general visual
inspection of the drain path in the chord frame for debris, in
accordance with Figure 2, Steps 1 through 6, of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1075, Revision
3, dated June 8, 2000. Remove any obstruction to the drain hole in
the frame chord and replace any deteriorated leveling compound.
Treat the area of inspection with corrosion inhibitor BMS 3-23, or
equivalent, as specified in the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1075, Revision 3, dated June 8,
2000. Repeat the actions required by this paragraph at intervals not
to exceed 2 years. Do all actions required by this paragraph in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1075, Revision 3, dated June 8, 2000. For
the purposes of this AD, a general visual inspection is a visual
examination of an interior or exterior area, installation, or
assembly to detect obvious damage, failure, or irregularity. This
level of inspection is made from within touching distance unless
otherwise specified. A mirror may be necessary to ensure visual
access to all surfaces in the inspection area. This level of
inspection is made under normally available lighting conditions such
as daylight, hangar lighting, flashlight, or droplight and may
require removal or opening of access panels or doors. Stands,
ladders, or platforms may be required to gain proximity to the area
being checked.

(o) Retained Optional Repetitive Aft Pressure Bulkhead Inspections and
Corrective Action

    This paragraph restates the requirements of paragraph (o) of AD
2014-05-02, Amendment 39-17775 (79 FR 12045, March 4, 2014), with
clarification for repaired areas. For airplanes having L/Ns 1043
through 3132 inclusive: In lieu of performing the first inspection
after April 8, 2014 (the effective date of AD 2014-05-02), required
by paragraph (l)(2) of this AD, operators may do the actions
specified in this paragraph. Within 2 years from the most recent aft
pressure bulkhead inspection done as specified in the service
information identified in paragraph (o)(1), (o)(2), or (o)(3) of
this AD, or within 120 days after April 8, 2014, whichever occurs
later: Do a detailed inspection for cracking or corrosion of the aft
side of the aft pressure bulkhead at BS 1016 (including the aft
sides of the pressure web, aft sides of the pressure chord, pressure
chord radius, aft chord, stringer end fitting, system penetration
doublers, and fasteners common to the pressure chord and pressure
web), in accordance with the Accomplishment Instructions of Boeing
Alert Service Bulletin 737-53A1075, Revision 3, dated June 8, 2000.
For repaired areas, this inspection may be accomplished without
removal of the repairs. If any corrosion or cracking is found:
Before further flight, repair the corrosion or cracking using a
method approved in accordance with the procedures specified in
paragraph (p) of this AD. Repeat the inspection thereafter at
intervals not to exceed 90 days for a period not to exceed 2 years,
until the actions required by paragraph (l)(2) of this AD are
accomplished.
    (1) Boeing Alert Service Bulletin 737-53A1075, Revision 1, dated
September 2, 1983.
    (2) Boeing Alert Service Bulletin 737-53A1075, Revision 2, dated
July 13, 1984.
    (3) Boeing Alert Service Bulletin 737-53A1075, Revision 3, dated
June 8, 2000.

(p) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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 paragraph
(q) 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes ODA that has been authorized by the
Manager, Seattle ACO, to make those findings. For a repair method to
be approved, the repair must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.
    (4) AMOCs approved previously in accordance with AD 2002-10-11,
Amendment 39-12757 (67 FR 36085, May 23, 2002), are approved as
AMOCs for the corresponding provisions of this AD.
    (5) AMOCs approved previously in accordance with AD 2014-05-02,
Amendment 39-17775 (79 FR 12045, March 4, 2014)), are approved as
AMOCs for the corresponding provisions of this AD.

 (q) Related Information

    For more information about this AD, contact Alan Pohl, Aerospace
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(r) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.

    (3) The following service information was approved for IBR on
June 27, 2002 (67 FR 36085, May 23, 2002).
    (i) Boeing Alert Service Bulletin 737-53A1075, Revision 1, dated
September 2, 1983.
    (ii) Boeing Alert Service Bulletin 737-53A1075, Revision 2,
dated July 13, 1984.
    (iii) Boeing Alert Service Bulletin 737-53A1075, Revision 3,
dated June 8, 2000.
    (4) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com.
    (5) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (6) 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 Renton, Washington, on August 22, 2014.
Kevin Hull,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-21019 Filed 9-4-14; 8:45 am]
BILLING CODE 4910-13-P