[Federal Register Volume 76, Number 109 (Tuesday, June 7, 2011)]
[Notices]
[Pages 32976-32977]
[FR Doc No: 2011-13941]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0425]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Infant Formula Recall Regulations

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on requirements related to the
recall of infant formula.

DATES: Submit either electronic or written comments on the collection
of information by August 8, 2011.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Denver Presley, Jr., Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Infant Formula Recall Regulations--21 CFR 107.230, 107.240, 107.250,
107.260, and 107.280 (OMB Control Number 0910-0188)--Extension

    Section 412(e) of the Federal Food, Drug, and Cosmetic Act (the
FD&C Act) (21 U.S.C. 350a(e)) provides that if the manufacturer of an
infant formula has knowledge that reasonably supports the conclusion
that an infant formula processed by that manufacturer has left its
control and may not provide the nutrients required in Section 412(i) of
the FD&C Act or is otherwise adulterated or misbranded, the
manufacturer must promptly notify the Secretary of Health and Human
Services (the Secretary). If the Secretary determines that the infant
formula presents a risk to human health, the manufacturer must
immediately take all actions necessary to recall shipments of such
infant formula from all wholesale and retail establishments, consistent
with recall regulations and guidelines issued by the Secretary. Section
412(f)(2) of the FD&C Act states that the Secretary shall by regulation
prescribe the scope and extent of recalls of infant formula necessary
and appropriate for the degree of risk to human health presented by the
formula subject to recall. FDA's infant formula recall regulations in
part 107 (21 CFR part 107) implement these statutory provisions.
    Section 107.230 requires each recalling firm to conduct an infant
formula recall with the following elements: (1) Evaluate the hazard to
human health, (2) devise a written recall strategy, (3) promptly notify
each affected direct account (customer) about the recall, and (4)
furnish the appropriate FDA district office with copies of these
documents. If the recalled formula presents a risk to human health, the
recalling firm must also request that each establishment that sells the
recalled formula post (at point of purchase) a notice of the recall and
provide FDA with a copy of the notice. Section 107.240 requires the
recalling firm to conduct an infant formula recall with the following
elements: (1) Notify the appropriate FDA district office of the recall
by telephone within 24 hours, (2) submit a written report to that
office within 14 days, and (3) submit a written status report at least
every 14 days until the recall is terminated. Before terminating a
recall, the recalling firm is required to submit a recommendation for
termination of the recall to the appropriate FDA district office and
wait for written FDA concurrence (Sec.  107.250). Where the recall
strategy or implementation is determined to be deficient, FDA may
require the firm to change the extent of the recall, carry out
additional effectiveness checks, and issue additional notifications
(Sec.  107.260). In addition, to facilitate location of the product
being recalled, the recalling firm is required to maintain distribution
records for at least 1 year after the expiration of the shelf life of
the infant formula (Sec.  107.280).
    The reporting and recordkeeping requirements described previously
are designed to enable FDA to monitor the

effectiveness of infant formula recalls in order to protect babies from
infant formula that may be unsafe because of contamination or
nutritional inadequacy or otherwise adulterated or misbranded. FDA uses
the information collected under these regulations to help ensure that
such products are quickly and efficiently removed from the market.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
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                                                                                Average
                                      No. of          No. of       Total annual     burden per
       21 CFR Section \2\           respondents   responses  per     responses     response  (in    Total hours
                                                     respondent                       hours)
----------------------------------------------------------------------------------------------------------------
107.230.........................               2               1               2           4,500           9,000
107.240.........................               2               1               2           1,482           2,964
107.250.........................               2               1               2             120             240
107.260.........................               1               1               1             650             650
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          12,854
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ No burden has been estimated for the recordkeeping requirement in Sec.   107.280 because these records are
  maintained as a usual and customary part of normal business activities. Manufacturers keep infant formula
  distribution records for the prescribed period as a matter of routine business practice.

    The reporting burden estimate is based on Agency records, which
show that there are five manufacturers of infant formula and that there
have been, on average, two infant formula recalls per year for the past
3 years. Based on this information, we estimate that there will be, on
average, approximately two infant formula recalls per year over the
next 3 years.
    Thus, FDA estimates that two respondents will conduct recalls
annually pursuant to Sec. Sec.  107.230, 107.240, and 107.250. The
estimated number of respondents for Sec.  107.260 is minimal because
this section is seldom used by FDA; therefore, the Agency estimates
that there will be one or fewer respondents annually for Sec.  107.260.
The estimated number of hours per response is an average based on the
Agency's experience and information from firms that have conducted
recalls. We estimate that two respondents will conduct infant formula
recalls under Sec.  107.230 and that it will take a respondent 4,500
hours to comply with the requirements of that section, for a total of
9,000 hours. We estimate that two respondents will conduct infant
formula recalls under Sec.  107.240 and that it will take a respondent
1,482 hours to comply with the requirements of that section, for a
total of 2,964 hours. We estimate that two respondents will submit
recommendations for termination of infant formula recalls under Sec.
107.250 and that it will take a respondent 120 hours to comply with the
requirements of that section, for a total of 240 hours. Finally, we
estimate that one respondent will need to carry out additional
effectiveness checks and issue additional notifications under Sec.
107.260, for a total of 650 hours.
    Under 5 CFR 1320.3(b)(2), the time, effort, and financial resources
necessary to comply with a collection of information are excluded from
the burden estimate if the reporting, recordkeeping, or disclosure
activities needed to comply are usual and customary because they would
occur in the normal course of activities. No burden has been estimated
for the recordkeeping requirement in Sec.  107.280 because these
records are maintained as a usual and customary part of normal business
activities. Manufacturers keep infant formula distribution records for
the prescribed period as a matter of routine business practice.

    Dated: June 1, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-13941 Filed 6-6-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)]
[Rules and Regulations]
[Page 27099]
[FR Doc No: 2015-11438]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0361]

Drawbridge Operation Regulation; Charenton Canal, Baldwin, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulations.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Burlington Northern Santa Fe (BNSF)
Railway Company swing span bridge across Charenton Canal, mile 0.4, at
Baldwin, St. Mary Parish, Louisiana. The deviation is necessary to
complete scheduled repairs for the continued safe operation of the
bridge. This deviation will allow the bridge to remain in the closed-
to-navigation position for six consecutive hours.

DATES: This deviation is effective from 7 a.m. through 1 p.m. on
Thursday, May 21, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0361]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number (USCG-2015-0361) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Geri Robinson, Bridge Administration
Branch, Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
If you have questions on viewing the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The BNSF Railway Company has requested a
temporary deviation from the operating schedule of the swing span
railroad bridge across the Charenton Canal, mile 0.4, at Baldwin, St.
Mary Parish, Louisiana. The bridge provides 10 feet of vertical
clearance in the closed-to-navigation position. Due to the type of
equipment being used and safety concerns, vessels will not be allowed
to pass under the bridge while in the closed-to-navigation position.
However, the bridge will be able to open in the event of an emergency.
    Navigation on the waterway consists of tugs with tows, fishing
vessels, and recreational craft including sailboats and powerboats. An
alternate route is available for mariners through the Berwick Locks.
The alternate waterway route takes about 45 minutes to transit. Due to
prior experience, as well as coordination with waterway users, and the
alternate route through Berwick Locks, it has been determined that this
closure will not have a significant effect on these vessels.
    In accordance with 33 CFR 117.5, the bridge currently opens on
signal for the passage of vessels. This deviation allows the swing span
of the bridge to remain in the closed-to-navigation position from 7
a.m. through 1 p.m. on Thursday, May 21, 2015.
    The closure is necessary to weld four joints and install insulated
joints on the bridge. Notices will be published in the Eighth Coast
Guard District Local Notice to Mariners and will be broadcast via the
Coast Guard Broadcast Notice to Mariners System.
    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: May 7, 2015.
David M. Frank,
Bridge Administrator, Eighth Coast Guard District.
[FR Doc. 2015-11438 Filed 5-11-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 248 (Thursday, December 27, 2012)]
[Notices]
[Pages 76336-76338]
[FR Doc No: 2012-31124]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68492; File No. SR-ISE-2012-100]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing of Proposed Rule Change To Reduce the Response
Times in the Block Mechanism, Facilitation Mechanism, Solicited Order
Mechanism and Price Improvement Mechanism

December 20, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 19, 2012, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I and II below, which items have been prepared by
the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rules 716 (Block Trades) and 723
(Price Improvement Mechanism for Crossing Transactions) to reduce the
response times in the Block Mechanism, Facilitation Mechanism,
Solicited Order Mechanism and Price Improvement Mechanism (``PIM'').
The text of the proposed rule change is available on the Exchange's
Internet Web site at http://www.ise.com, on the Commission's Internet
Web site at http://www.sec.gov, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 self-regulatory organization 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this proposed rule change is to amend ISE Rules 716
(Block Trades) and 723 (Price Improvement Mechanism for Crossing
Transactions) to reduce the response times in the Block Mechanism,
Facilitation Mechanism, Solicited Order Mechanism and PIM from one
second to 500 milliseconds (\1/2\ of one second).
    Rule 716 contains the requirements applicable to the execution of
orders using the Block Order Mechanism, Facilitation Mechanism and
Solicited Order Mechanism. The Block Order Mechanism allows members to
obtain liquidity for the execution of a block-size order,\3\ whereas
the Facilitation and Solicited Order Mechanisms allow members to enter
cross transactions seeking price improvement.\4\ Rule 723 contains the
requirements applicable to the execution of orders using the PIM. The
PIM allows members to enter cross transactions of any size. The
Facilitation, Solicited Order Mechanisms and PIM allow for ISE Members
to designate certain customer orders for price improvement and submit
such orders into one of the mechanisms with a matching contra order.
Once such an order is submitted, ISE commences an auction by
broadcasting a message to all Members that includes the series, price,
size and side of the market.\5\ Further, responses within the PIM
(i.e., Improvement Orders), are also broadcast to market participants
during the auction. Orders entered into any of these mechanisms
currently are exposed to all market participants for one second, giving
them an opportunity to enter additional trading interest before the
orders are automatically executed. Under the proposal, the exposure
period for each of the four mechanisms would be reduced to 500
milliseconds. When approving previous reductions in ISE exposure
periods in these mechanisms the Commission concluded that reducing
these time periods from three seconds to one second was consistent with
the Act.\6\
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    \3\ Block-size orders are orders for 50 contracts or more. See
Rule 716(a).
    \4\ Only block-size orders can be entered into the Facilitation
Mechanism, whereas only orders for 500 contracts or more can be
entered into the Solicited Order Mechanism. See Rule 716(d) and (e).
    \5\ ISE Members may choose to hide the size, side and price when
entering orders into the Block Order Mechanism.
    \6\ See Securities Exchange Act Release No. 58224 (July 25,
2008), 73 FR 44303 (July 30, 2008) (Order granting accelerated
approval of a proposed rule change as modified by amendments No. 1
and 3 thereto relating to reduction of certain order handling and
exposure periods from three seconds to one second) (SR-ISE-2007-94).
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    ISE is not proposing any change to the requirement in ISE Rule
717(d) and (e) that requires an Electronic Access Member (``EAM'') to
expose its customer's order on the ISE book for at least one second
before either executing such agency order as principal or against
orders solicited from Members and non-members, unless the EAM submits
the agency order to the Facilitation Mechanism, Solicited Order
Mechanism or PIM.\7\ ISE believes this exception for the Facilitation
Mechanism, Solicited Order Mechanism and PIM is appropriate because the
customer order is guaranteed an execution at the National Best Bid/
Offer (``NBBO'') or a better price through the Facilitation Mechanism,
Solicited Order Mechanism and PIM. Additionally, ISE Members are
informed about the agency order starting the auction through receipt of
the broadcast. ISE Members have the opportunity to compete for
participation in the execution of the customer order by responding to
the broadcast with their best priced responses.
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    \7\ Since EAMs submitting orders into the Block Mechanism do not
have the contra order, Rule 717(d) and (e) does not apply.
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    With respect to the Facilitation Mechanism, Solicited Order
Mechanism and PIM, ISE believes the proposed rule change could provide
more customer orders an opportunity for price improvement because it
will reduce the market risk for all ISE Members executing trades in
these mechanisms. ISE Members that submit orders into such mechanisms
to initiate an auction (``Initiating Members'') are required to
guarantee an execution at the NBBO or a better price, and are subject
to market risk while the order is exposed in one of the mechanisms to
other ISE Members. While other ISE Members are also subject to market
risk, the Initiating Member is most exposed because the market can move
against them during the auction period and they have guaranteed the
customer an execution at the NBBO or better based on the market prices
prior to the commencement of the auction. In today's fast-paced
markets, big price changes can occur in one second, leaving the
Initiating Members vulnerable to trading losses due to their choice to
seek price improvement for their customer. The Initiating Member

acts in a critical role in the price improvement process and their
willingness to guarantee the customer an execution at the NBBO or a
better price is keystone to the customer order gaining the opportunity
for price improvement. Therefore, limiting Initiating Members' market
risk by reducing the exposure time in the mechanisms should increase
the likelihood that an Initiating Member would seek price improvement
for its customer by entering such orders into one of the mechanisms.
    Additionally, the Exchange does not believe that requiring the
auction to run for one second is necessary in today's market where,
generally, Members' systems have the capability to respond within
milliseconds. As such, reducing the response time in the Block Order
Mechanism is appropriate as Members no longer need one second to
respond to the auction. Reducing the auction time for the Block Order
Mechanism from one second to 500 milliseconds will allow members the
opportunity to seek out liquidity in an expedient manner that is
consistent with system capabilities.
    ISE's Members operate electronic systems that enable them to react
and respond to orders in a meaningful way in fractions of a second. ISE
anticipates that its Members will continue to compete within the
proposed auction duration of 500 milliseconds. In particular, ISE
believes that 500 milliseconds will continue to provide ISE Members
with sufficient time to respond to, compete for, and provide price
improvement for orders, and will provide investors and other market
participants with more timely executions, and reduce their market risk.
    Reducing the duration of the auctions from one second to 500
milliseconds will benefit Members trading in the mechanisms. It is in
these Members' best interest to minimize the auction time while
continuing to allow Members adequate time to electronically respond.
Both the order being exposed and the Members' responses are subject to
market risk during the auction. While a limited number of Members wait
to respond until later in the auction, presumably to minimize their
market risk, in more than 90% of executions occurring in the mechanisms
Members respond within the first 500 milliseconds. ISE believes that
500 milliseconds will continue to provide market participants with
sufficient time to respond, compete, and provide price improvement for
orders and will provide investors and other market participants with
more timely executions, thereby reducing their market risk.\8\
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    \8\ With Block Orders, the Member enters one side of the order
in an effort to find contra-side liquidity. While this order is
exposed, the Member is exposed to market risk. Therefore, reducing
the exposure time will reduce the market risk for Block Orders just
as it will reduce the market risk with respect to orders entered
into the Facilitation Mechanism, Solicited Order Mechanism and PIM.
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    In consideration of this proposed rule change, ISE surveyed all ISE
Members that have participated in the mechanisms in 2011 and 2012 to
substantiate that such ISE Members could receive, process and
communicate a response to an ISE broadcast within 500 milliseconds.
Twenty of the twenty-one firms surveyed indicated that they can, either
currently or with some system development, receive, process and
communicate a response back to ISE within 500 milliseconds.\9\
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    \9\ Seventeen of the twenty-one firms surveyed indicated that
they can currently receive, process and communicate a response back
to ISE within 500 milliseconds. Of the four firms that cannot
currently respond within 500 milliseconds, one firm stated that 500
milliseconds is sufficient for non-complex orders in the mechanisms,
but had not yet tested for complex orders. Each of the four firms
that need to perform systems work indicated that with six weeks
notice of the implementation date, they can perform the systems work
necessary to respond to an ISE broadcast within 500 milliseconds.
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    Also in consideration of this proposed rule change, ISE reviewed
all executions occurring in the mechanisms by its Members for the month
of October 2012. This review of executions in the mechanisms (excluding
PIM) indicates that approximately ninety-three percent (93%) of
responses that resulted in price improving executions at the conclusion
of an auction were submitted within 500 milliseconds. Approximately
eighty-nine percent (89%) of responses that resulted in price improving
executions at the conclusion of an auction were submitted within 100
milliseconds of the initial order, and eighty-five percent (85%) were
submitted within 10 milliseconds of the initial order. The review of
executions in the PIM indicates that approximately eighty-nine percent
(89%) of responses that resulted in price improving executions at the
conclusion of an auction were submitted within 500 milliseconds.
Approximately sixty-six percent (66%) of responses that resulted in
price improving executions at the conclusion of an auction were
submitted within 100 milliseconds of the initial order, and sixty-four
percent (64%) were submitted within 10 milliseconds of the initial
order. As mentioned above, ISE surveyed Members that use the mechanisms
to confirm that they have sufficiently automated electronic systems to
enable them to react and respond to an auction within 500 milliseconds.
    Accordingly, ISE believes that 500 milliseconds will continue to
provide ISE Members with sufficient time to respond to, compete for,
and provide price improvement for orders, and will provide investors
and other market participants with more timely executions, and reduce
their market risk. Moreover, Supplementary Material .04 to Rule 723
provides that the PIM will not run simultaneously with or overlap
another PIM in the same series. As a result, Members may be unable to
initiate PIMs on behalf of their customers. Reducing the auction time
to 500 milliseconds will decrease the likelihood that an auction is
underway when a customer order is received. Accordingly, ISE believes
it is likely that the number of PIM transactions will increase, thereby
providing customers a greater opportunity to benefit from price
improvement.
    Based on current market data related to the mechanisms and feedback
from the surveyed ISE Members, ISE believes that reducing the exposure
time in the mechanisms from one second to 500 milliseconds would not
impair Members' ability to compete in the mechanisms. For example, in
the mechanisms (excluding PIM) eighty-four percent (84%) of auctions
include competition for execution (i.e., at least one other Member
competes for execution of the customer order), sixty percent (60%) of
all auctions include two or more Members competing for an execution,
while forty-five percent (45%) of all auctions include three or more
Members competing for an execution. In the PIM, ninety-six percent
(96%) of auctions include competition for execution (i.e., at least one
other Member competes for execution of the customer order), seventy-
seven percent (77%) of all auctions include two or more Members
competing for an execution, while forty-six percent (46%) of all
auctions include three or more Members competing for an execution.
    ISE believes that the information outlined above regarding price
improving transactions in the mechanisms and the feedback provided by
ISE Members provides substantial support for its assertion that
reducing the auction from one second to 500 milliseconds will continue
to provide Members with sufficient time to ensure competition for
orders entered into the mechanisms, and could provide customer orders
with additional opportunities for price improvement.
    With regard to the impact of this proposal on system capacity, ISE
has

analyzed its capacity and represents that it has the necessary systems
capacity to handle the potential additional traffic associated with the
additional transactions that may occur with the implementation of the
proposed reduction in the auction duration to 500 milliseconds.
Additionally, the Exchange represents that its systems will be able to
sufficiently maintain an audit trail for order and trade information
with the reduction in the auction duration.
    Upon effectiveness of the proposal, and at least six weeks prior to
implementation of the proposed rule change, ISE will issue an
Informational Circular to Members, informing them of the implementation
date of the reduction of the auction from one second to 500
milliseconds in the mechanisms to allow members the opportunity to
perform systems changes. This will give Members an opportunity to make
any necessary modifications to coincide with the implementation date.
2. Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\10\ in general, and with
Section 6(b)(5) of the Act,\11\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system and, in general, to protect investors and the public
interest. In particular, the proposed rule change will provide
investors with more timely execution of their options orders, while
ensuring that there is an adequate exposure of orders in the
mechanisms. Additionally, the proposed change will allow additional
investors the opportunity to receive price improvement through the
mechanisms, and will reduce market risk for ISE Members using the
mechanisms. As such, ISE believes the proposed rule change would help
perfect the mechanism for a free and open national market system, and
generally help protect investors' and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed rule change is not unfairly
discriminatory because the auction duration would be the same for all
Members. All Members in the mechanisms have today, and will continue to
have, an equal opportunity to receive the broadcast and respond with
their best prices during the auction. Additionally, ISE believes the
reduction in the auction duration reduces the market risk for all ISE
Members. The reduction in time period reduces the market risk for the
Initiating Member as well as any Members providing orders in response
to a broadcast. Moreover, based on the feedback ISE received from its
Members, ISE believes that a reduction in the auction period to 500
milliseconds would not impair Members' ability to compete in the
mechanisms. ISE believes these results support the assertion that a
reduction in the auction duration would not be unfairly discriminatory
and would benefit investors.

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

    The proposed rule change does not 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 not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Within 45 days of the date of publication of this notice or within
such longer period (i) as the Commission may designate up to 90 days of
such date if it finds such longer period to be appropriate and
publishes its reasons for so finding or (ii) as to which the self-
regulatory organization consents, the Commission will:
    (a) By order approve or disapprove such proposed rule changes; or
    (b) Institute proceedings to determine whether the proposed rule
changes should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-ISE-2012-100 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-ISE-2012-100. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal 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 No. SR-ISE-2012-100 and should be
submitted on or before January 17, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-31124 Filed 12-26-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Proposed Rules]
[Pages 44516-44521]
[FR Doc No: 2018-18813]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0762; Product Identifier 2018-NM-033-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2016-07-
23, which applies to all Airbus SAS Model A318, A319, A320, and A321
series airplanes. AD 2016-07-23 requires, for certain airplanes,
repetitive replacements of the fixed fairing upper and lower attachment
studs of both the left-hand (LH) and right-hand (RH) main landing gear
(MLG); and repetitive inspections for corrosion, wear, fatigue
cracking, and loose studs of each forward stud assembly of the fixed
fairing door upper and lower forward attachments of both the LH and RH
MLG; and replacement if necessary. AD 2016-07-23 also provides an
optional terminating modification for the repetitive replacements of
the fixed fairing upper and lower attachment studs. Since we issued AD
2016-07-23, we have determined that for some airplane configurations,
associated fixed fairing assembly part numbers susceptible to fatigue
cracking were not listed in certain service information required by AD
2016-07-23. In addition, we have determined that additional work is
necessary to re-identify the fixed fairing assembly part number on
certain airplanes. This proposed AD would retain the requirements of AD
2016-07-23 and, for certain airplanes, require re-identification of the
LH and RH fixed fairing assemblies' part numbers. We are proposing this
AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by October 15,
2018.

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: 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 NPRM, contact Airbus
SAS, Airworthiness Office--EIAS, Rond-Point Emile Dewoitine No: 2,
31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email [email protected]; internet http://www.airbus.com. You may view this referenced 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>.

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-
0762; 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 NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Operations
office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0762;
Product Identifier 2018-NM-033-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 based on 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

    We issued AD 2016-07-23, Amendment 39-18468 (81 FR 26115, May 2,
2016) (``AD 2016-07-23''), for all Airbus SAS Model A318, A319, A320,
and A321 series airplanes. AD 2016-07-23 requires, for certain
airplanes, repetitive replacements of the fixed fairing upper and lower
attachment studs of both the LH and RH MLG; and repetitive inspections
for corrosion, wear, fatigue cracking, and loose studs of each forward
stud assembly of the fixed fairing door upper and lower forward
attachment of both the LH and RH MLG; and replacement if necessary. AD
2016-07-23 also provides an optional terminating modification for the
repetitive replacements of the fixed fairing upper and lower attachment
studs. AD 2016-07-23 resulted from reports of in-flight loss of fixed
and hinged MLG fairings, and reports of post-modification MLG fixed
fairing assemblies that have wear and corrosion. We issued AD 2016-07-
23 to address in-flight detachment of an MLG fixed fairing and
consequent damage to the airplane.

Actions Since AD 2016-07-23 Was Issued

    Since we issued AD 2016-07-23, we have determined that for some
airplane configurations, associated fixed fairing assembly part numbers
susceptible to fatigue cracking were not listed in certain service
information required by AD 2016-07-23. In addition, we have determined
that additional work is necessary to re-identify the fixed fairing
assembly part number after completion of the optional terminating
modification. This proposed AD would retain the requirements of AD
2016-07-23 and require re-identification of the part number of the LH
and RH fixed fairing assemblies after completion of the optional
terminating modification.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0023, dated January 26, 2018; corrected February 5, 2018 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus SAS Model
A318 and A319 series airplanes; all Airbus SAS Model A320-211, A320-
212, A320-214, A320-216, A320-231, A320-232, and A320-233 airplanes;
and all Airbus SAS Model A321-111, A321-112, A321-131, A321-211, A321-
212, A321-213, A321-231 and A321-232 airplanes. The MCAI states:

    Several occurrences were reported of in-flight loss of main
landing gear (MLG) fixed and hinged fairings. The majority of
reported events occurred following scheduled maintenance activities.
One result of the investigation was that a discrepancy between the
drawing and the maintenance manuals was discovered. The maintenance
documents were corrected to prevent mis-rigging of the MLG fixed and
hinged fairings, which could induce fatigue cracking.
    Prompted by these findings, Airbus issued Service Bulletin (SB)
A320-52-1083, providing instructions for a one-time inspection of
the MLG fixed fairing composite insert and the surrounding area,
replacement of the adjustment studs at the lower forward position
and adjustment to the new clearance tolerances. That SB was replaced
by Airbus SB A320-52-1100 (modification (mod) 27716) introducing a
re-designed location stud, rod end and location plate at the forward
upper and lower leg fixed-fairing positions. Subsequently, reports
were received of post-mod 27716/post-SB A320-52-1100 MLG fixed
fairing assemblies with corrosion, which could also induce cracking.
    This condition, if not detected and corrected, could lead to
further cases of in-flight detachment of a MLG fixed fairing,
possibly resulting in injury to persons on the ground and/or damage
to the aeroplane.
    To address this potential unsafe condition, EASA issued AD 2014-
0096 to require repetitive detailed inspections (DET) of the MLG
fixed fairings, and, depending on findings, accomplishment of
applicable corrective actions. That [EASA] AD also prohibited
installation of certain MLG fixed fairing rod end assemblies and
studs as replacement parts on aeroplanes incorporating Airbus mod
27716 in production, or modified in accordance with Airbus SB A320-
52-1100 (any revision) in service.
    Since EASA AD 2014-0096 was issued, Airbus developed an
alternative inspection programme to meet the [EASA] AD requirements.
In addition, a terminating action (mod 155648) was developed, which
was made available for in-service aeroplanes through Airbus SB A320-
52-1165.
    Consequently, EASA issued AD 2015-0001 (later revised),
retaining the requirements of EASA AD 2014-0096, which was
superseded, and adding an optional terminating action for the
repetitive inspections. For post-mod aeroplanes, i.e. incorporating
Airbus mod 155648 in production, or modified by Airbus SB A320-52-
1165 in service, the only remaining requirement was to ensure that
pre-mod components are no longer installed.
    Since EASA AD 2015-0001R1 [which corresponds to FAA AD 2016-07-
23] was issued, Airbus revised SB A320-52-1165 to include additional
work, to re-identify the fairing assembly part number (P/N). During
the preparation of this additional work, it was noted that several
configurations and associated P/N were not listed in the original
SB, which may have an impact on aeroplanes on which SB A320-52-1165
original issue or Revision (rev.) 01 was already accomplished. It
has also been noticed that the instructions for reidentification of
two P/N were not correct in revision 02 of this SB.
    For the reasons described above, this [EASA] AD retains the
requirement of EASA AD 2015-0001R1, which is superseded, but
requires using the SB at rev. 03.
    This [EASA] AD also requires accomplishment of additional work
[re-identification of the part number for the LH and RH fixed
fairing assemblies] for those aeroplanes on which parts were
replaced in accordance with the instructions of Airbus SB A320-52-
1165 at original issue, rev. 01 or rev. 02 and correct
(re)identification as applicable.

    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-
0762.

Related Service Information Under 1 CFR Part 51

    Airbus SAS has issued the following service information.
     Airbus Service Bulletin A320-52-1100, Revision 01, dated
March 12, 1999. This service information describes procedures for
modification of the airplane to post-Airbus Modification 27716
configuration (by replacing the location stud, rod end, and location
plate at the forward upper and lower leg fixed-fairing positions of the
MLG door assemblies). The modification includes a resonance frequency
inspection for debonding of the composite insert and delamination of
the honeycomb area around the insert, and applicable corrective
actions. Corrective actions include repairing the insert. The actions
in this service information are an optional terminating modification.
     Airbus Service Bulletin A320-52-1163, Revision 01,
including Appendix 01, dated June 22, 2015. This service information
describes procedures for inspection of the fixed fairing door upper and
lower forward attachments of the LH and RH MLG, and replacement of the
fixed fairing upper and lower attachment studs of the LH and RH MLG.
     Airbus Service Bulletin A320-52-1165, Revision 03,
excluding Appendix 01 and including Appendix 02, dated November 9,
2017. The service information describes procedures for replacing the
fixed fairing attachment stud assemblies of the MLG door assembly with
new assemblies, and re-identifying the part number of the LH and RH MLG
fixed fairing assemblies. The actions in this service information are
an optional terminating modification.
    The 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.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Proposed Requirements of This NPRM

    This proposed AD would retain all of the requirements of AD 2016-
07-23. This proposed AD would require accomplishing the actions
specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD affects 901 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
18 work-hours x $85 per hour = $1,530........................          $4,110           $5,640       $5,081,640
----------------------------------------------------------------------------------------------------------------

                  Estimated Costs for Optional Actions
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
Up to 18 work-hours x $85 per     Up to $4,110......  Up to $5,640
 hour = $1,530.
------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements or
re-identifications 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 replacements or re-identifications:

                           On-Condition Costs
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
Up to 20 work-hours x $85 per     Up to $4,110......  Up to $5,810
 hour = $1,700.
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    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 proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866,
    2. 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

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)
2016-07-23, Amendment 39-18468 (81 FR 26115, May 2, 2016), and adding
the following new AD:

Airbus SAS: Docket No. FAA-2018-0762; Product Identifier 2018-NM-
033-AD.

(a) Comments Due Date

    We must receive comments by October 15, 2018.

(b) Affected ADs

    This AD replaces AD 2016-07-23, Amendment 39-18468 (81 FR 26115,
May 2, 2016) (``AD 2016-07-23'').

(c) Applicability

    This AD applies to the Airbus SAS airplanes identified in
paragraphs (c)(1) through (c)(4) of this AD, certificated in any
category, all manufacturer serial numbers.
    (1) Model A318-111, A318-112, A318-121, and A318-122 airplanes.
    (2) Model A319-111, A319-112, A319-113, A319-114, A319-115,
A319-131, A319-132, and A319-133 airplanes.
    (3) Model A320-211, A320-212, A320-214, A320-216, A320-231,
A320-232, and A320-233 airplanes.
    (4) Model A321-111, A321-112, A321-131, A321-211, A321-212,
A321-213, A321-231 and A321-232 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by reports of in-flight loss of fixed and
hinged main landing gear (MLG) fairings, and reports of post-
modification MLG fixed fairing assemblies that have wear and
corrosion. This AD was also prompted by a determination that for
some airplane configurations, associated fixed fairing assembly part
numbers susceptible to fatigue cracking were not listed in certain
service information required by AD 2016-07-23. In addition, we have
determined that additional work is necessary to re-identify the
fixed fairing assembly part number on certain airplanes. We are
issuing this AD to prevent in-flight detachment of an MLG fixed
fairing and consequent damage to the airplane.

(f) Compliance

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

(g) Retained Repetitive Replacements, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD
2016-07-23, with no changes. For airplanes in pre-Airbus
Modification 27716 and pre-Airbus Service Bulletin A320-52-1100
configuration, with any of the components installed that are
identified in paragraphs (g)(1) through (g)(5) of this AD: At the
applicable compliance time specified in paragraph (h) of this AD,
replace fixed fairing upper and lower attachment studs of both left-
hand (LH) and right-hand (RH) MLG, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-52-1163,
Revision 01, including Appendix 01, dated June 22, 2015. Repeat the
replacements thereafter at intervals not to exceed 6,500 flight
cycles.
    (1) Plate--support having part number (P/N) D5284024820000.
    (2) Plate--support having P/N D5284024820200.
    (3) Stud--adjustment having P/N D5284024420000.
    (4) Rod end assembly (lower) having P/N D5284000500000.
    (5) Rod end assembly (upper) having P/N D5284000600000.

(h) Retained Compliance Times for the Requirements of Paragraph (g) of
This AD, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD
2016-07-23, with no changes. For airplanes identified in paragraph
(g) of this AD, except as provided by paragraph (o) of this AD: Do
the initial replacement required by paragraph (g) of this AD at the
latest of the times specified in paragraphs (h)(1) through (h)(4) of
this AD.
    (1) Before the accumulation of 6,500 total flight cycles since
the airplane's first flight.
    (2) Within 6,500 flight cycles since the last installation of a
pre-Airbus Modification 27716 stud on the airplane.
    (3) Within 1,500 flight cycles after June 6, 2016 (the effective
date of AD 2016-07-23).
    (4) Within 8 months after June 6, 2016 (the effective date of AD
2016-07-23).

(i) Retained Repetitive Inspections, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2016-07-23, with no changes. For airplanes in post-Airbus
Modification 27716 or post-Airbus Service Bulletin A320-52-1100
configuration, with any of the components installed that are
identified in paragraphs (i)(1), (i)(2), and (i)(3) of this AD: At
the applicable compliance time specified in paragraph (j) of this
AD, do a detailed inspection of the LH and RH MLG forward stud
assemblies of the fixed fairing door upper and lower forward
attachments of both LH and RH MLG for indications of corrosion,
wear, fatigue cracking, and loose studs, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-52-1163,
Revision 01, including Appendix 01, dated June 22, 2015. Repeat the
detailed inspection thereafter at intervals not to exceed 12 months.
Replacement of both LH and RH MLG forward stud assemblies on an
airplane, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-52-1163, Revision 01, including
Appendix 01, dated June 22, 2015, extends the interval for the next
detailed inspection to 72 months; and the inspection must be
repeated thereafter at intervals not to exceed 12 months.
    (1) Stud--adjustment having P/N D5285600720000.
    (2) Rod end assembly (lower) having P/N D5285600400000.
    (3) Rod end assembly (upper) having P/N D5285600500000.

(j) Retained Compliance Times for the Requirements of Paragraph (i) of
This AD, With No Changes

    This paragraph restates the requirements of paragraph (j) of AD
2016-07-23, with no changes. For airplanes identified in paragraph
(i) of this AD, except as provided by paragraph (o) of this AD: Do
the initial inspection required by paragraph (i) of this AD at the
latest of the times specified in paragraphs (j)(1) through (j)(4) of
this AD.
    (1) Before the accumulation of 72 months since the airplane's
first flight.
    (2) Within 72 months since the last installation of a post-
Airbus Modification 27716 assembly or since accomplishment of the
actions specified in Airbus Service Bulletin A320-52-1100.
    (3) Within 1,500 flight cycles after June 6, 2016 (the effective
date of AD 2016-07-23).
    (4) Within 8 months after June 6, 2016 (the effective date of AD
2016-07-23).

(k) Retained Corrective Action, With Revised Service Information

    This paragraph restates the requirements of paragraph (k) of AD
2016-07-23, with revised service information. If any discrepancy
(including any indication of corrosion, wear, fatigue cracking, or
loose studs) of any MLG forward stud assembly is found during any
inspection required by paragraph (i) of this AD, except as specified
in paragraph (l) of this AD: Before further flight, replace the
discrepant upper and lower fixed fairing forward stud assemblies of
the LH and RH MLG, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-52-1163, Revision 01,
including Appendix 01, dated June 22, 2015; or Airbus Service
Bulletin A320-52-1165, Revision 01, dated October 23, 2015,
excluding Appendix 01, dated November 3, 2014, and including
Appendix 02, dated October 23, 2015; or Airbus Service Bulletin
A320-52-1165, Revision 03, excluding Appendix 01 and including
Appendix 02, dated November 9, 2017. As of the effective date of
this AD only Airbus Service Bulletin A320-52-1163, Revision 01,
including Appendix 01, dated June 22, 2015; or Airbus Service
Bulletin A320-52-1165, Revision 03, excluding Appendix 01 and
including Appendix 02, dated November 9, 2017, may be used.

(l) Retained Corrective Action or Repetitive Inspections for Certain
Corrosion Findings, With Revised Service Information

    This paragraph restates the requirements of paragraph (l) of AD
2016-07-23, with revised service information. If any corrosion is
found during any inspection required by paragraph (i) of this AD on
any MLG fixed fairing forward stud assembly (upper, lower, LH or
RH), but the corroded stud is not loose: Do the action specified in
paragraph (l)(1) or (l)(2) of this AD.
    (1) Before further flight, replace the affected assembly, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-52-1163, Revision 01, including Appendix 01, dated
June 22, 2015; or Airbus Service Bulletin A320-52-1165, Revision 01,
dated October 23, 2015, excluding Appendix 01, dated November 3,
2014, and including Appendix 02, dated October 23, 2015; or Airbus
Service Bulletin A320-52-1165, Revision 03, excluding Appendix 01
and including Appendix 02, dated November 9, 2017. As of the
effective date of this AD only Airbus Service Bulletin A320-52-1163,
Revision 01, including Appendix 01, dated June 22, 2015; or Airbus
Service Bulletin A320-52-1165, Revision 03, excluding Appendix 01
and including Appendix 02, dated November 9, 2017, may be used.
    (2) Within 4 months after finding corrosion, and thereafter at
intervals not to exceed 4 months, do a detailed inspection for
indications of corrosion, wear, fatigue cracking, and loose studs of
the forward stud assembly of the affected (LH or RH) MLG, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-52-1163, Revision 01, including Appendix 01, dated
June 22, 2015.

(m) Retained Corrective Action for Inspections Specified in Paragraph
(l)(2) of This AD, With Revised Service Information

    This paragraph restates the requirements of paragraph (m) of AD
2016-07-23, with revised service information. If any indication of
wear, fatigue cracking, or loose studs of any forward stud assembly
is found during any inspection required by paragraph (l)(2) of this
AD: Before further flight, replace the affected (LH or RH) MLG fixed
fairing forward stud assembly, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-52-1163, Revision 01,
including Appendix 01, dated June 22, 2015; or Airbus Service
Bulletin A320-52-1165, Revision 01, dated October 23, 2015,
excluding Appendix 01, dated November 3, 2014, and including
Appendix 02, dated October 23, 2015; or Airbus Service Bulletin
A320-52-1165, Revision 03, excluding Appendix 01 and including
Appendix 02, dated November 9, 2017. As of the effective date of
this AD only Airbus Service Bulletin A320-52-1163, Revision 01,
including Appendix 01, dated June 22, 2015; or Airbus Service
Bulletin A320-52-1165, Revision 03, excluding Appendix 01 and
including Appendix 02, dated November 9, 2017, may be used.

(n) Retained Terminating Action, With Revised Service Information

    This paragraph restates the requirements of paragraph (n) of AD
2016-07-23, with revised service information.
    (1) Replacement of parts on an airplane, as required by
paragraph (g), (k), (l)(1), or (m) of this AD, does not constitute
terminating action for the repetitive inspections required by
paragraph (i) of this AD, except as specified in paragraph (n)(3) of
this AD.
    (2) The repetitive replacements required by paragraph (g) of
this AD may be terminated by modification of the airplane to post-
Airbus Modification 27716 configuration, including a resonance
frequency inspection for debonding of the composite insert and
delamination of the honeycomb area around the insert, and all
applicable corrective actions, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-52-1100, Revision 01,
dated March 12, 1999, provided all applicable corrective actions are
done before further flight. Thereafter, refer to paragraph (i) of
this AD to determine the compliance time for the next detailed
inspection required by this AD.
    (3) Modification of an airplane, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-52-1165,
Revision 01, dated October 23, 2015, excluding Appendix 01, dated
November 3, 2014, and including Appendix 02, dated October 23, 2015;
or Airbus Service Bulletin A320-52-1165, Revision 03, excluding
Appendix 01 and including Appendix 02, dated November 9, 2017,
constitutes terminating action for actions required by paragraphs
(g) through (m) of this AD for the airplane on which the
modification is done. As of the effective date of this AD only
Airbus Service Bulletin A320-52-1165, Revision 03, excluding
Appendix 01 and including Appendix 02, dated November 9, 2017, may
be used.

(o) Retained Exceptions to Certain AD Actions, With No Changes

    This paragraph restates the requirements of paragraph (o) of AD
2016-07-23, with no changes. An airplane on which Airbus
Modification 155648 has been embodied in production is not affected
by the requirements of paragraphs (g) and (i) of this AD, provided
that no affected component, identified by part number as specified
in paragraphs (g)(1) through (g)(5) and (i)(1) through (i)(3) of
this AD, has been installed on that airplane since first flight of
the airplane.

(p) Retained Parts Installation Prohibition, With No Changes

    This paragraph restates the requirements of paragraph (p) of AD
2016-07-23, with no changes.
    (1) For airplanes in pre-Airbus Modification 27716 or pre-Airbus
Service Bulletin A320-52-1100 configuration: No person may install a
component identified in paragraphs (g)(1) through (g)(5) of this AD
on any airplane after doing the actions provided in paragraph (n)(2)
of this AD.
    (2) For airplanes in post-Airbus Modification 27716 or post
Airbus Service Bulletin A320-52-1100 configuration: As of the
effective date of this AD, no person may install a component
identified in paragraphs (g)(1) through (g)(5) of this AD on any
airplane.
    (3) For airplanes in pre-Airbus Modification 155648 or pre-
Airbus Service Bulletin A320-52-1165 configuration: No person may
install a component identified in paragraphs (g)(1) through (g)(5)
and (i)(1) through (i)(3) of this AD on any airplane after doing the
actions provided in paragraph (n)(3) of this AD.
    (4) For airplanes in post-Airbus Modification 155648 or post-
Airbus Service Bulletin A320-52-1165 configuration: As of the
effective date of this AD, no person may install a component
identified in (g)(1) through (g)(5) and (i)(1) through (i)(3) of
this AD on any airplane.

(q) Retained No Reporting Requirement, With No Changes

    This paragraph restates the requirements of paragraph (q) of AD
2016-07-23, with no changes. Although Airbus Service Bulletin A320-
52-1163, Revision 01, including Appendix 01, dated June 22, 2015,
specifies to submit certain information to the manufacturer, and
specifies that action as ``RC'' (Required for Compliance), this AD
does not include that requirement.

(r) New Requirement of This AD: Additional Work

    For any airplane on which, before the effective date of this AD,
any part was installed or replaced, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-52-1165,
dated November 3, 2014; Revision 01, dated October 13, 2015; or
Revision 02, dated February 12, 2016: Within 12 months after the
effective date of this AD, accomplish the instructions identified as
``additional work'' in the Accomplishment Instructions of Airbus
Service Bulletin A320-52-1165,

Revision 03, excluding Appendix 01 and including Appendix 02, dated
November 9, 2017, as applicable to the airplane configuration.

(s) New Terminating Action

    Modification of an airplane in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-52-1165,
Revision 03, excluding Appendix 01 and including Appendix 02, dated
November 9, 2017, or as specified in paragraph (r) of this AD
constitutes terminating action for the requirements of paragraphs
(g), (i), (k), (l), and (m) of this AD for that airplane.

(t) New Parts Installation Prohibition

    (1) Do not install on any airplane a component specified in
paragraphs (g)(1) through (g)(5) of this AD, as required by
paragraph (t)(1)(i) or (t)(1)(ii) of this AD, as applicable.
    (i) For airplanes in pre-Airbus Modification 27716 or pre-Airbus
Service Bulletin A320-52-1100 configuration: After completing the
optional modification specified in paragraph (n)(2) of this AD.
    (ii) For airplanes in post-Airbus Modification 27716 or post
Airbus Service Bulletin A320-52-1100 configuration: As of the
effective date of this AD.
    (2) Do not install on any airplane a component specified in
paragraphs (g)(1) through (g)(5) of this AD or paragraphs (i)(1)
through (i)(3) of this AD, as required by paragraph (t)(2)(i) or
(t)(2)(ii) of this AD, as applicable.
    (i) For airplanes in pre-Airbus Modification 155648 or pre-
Airbus Service Bulletin A320-52-1165, Revision 03, excluding
Appendix 01 and including Appendix 02, dated November 9, 2017,
configuration: After completion of the additional work required by
paragraph (r) of this AD.
    (ii) For airplanes in post-Airbus Modification 155648 or post-
Airbus Service Bulletin A320-52-1165, Revision 03, excluding
Appendix 01 and including Appendix 02, dated November 9, 2017,
configuration: As of the effective date of this AD.

(u) Credit for Previous Actions

    (1) This paragraph provides credit for optional actions provided
by paragraph (n)(2) of this AD, if those actions were performed
before the effective date of this AD using Airbus Service Bulletin
A320-52-1100, dated December 7, 1998.
    (2) This paragraph provides credit for the actions required by
paragraphs (g), (i), (k), (l), and (m) of this AD, if those actions
were performed before the effective date of this AD using Airbus
Service Bulletin A320-52-1163, dated February 4, 2014.
    (3) This paragraph provides credit for the actions required by
paragraphs (k), (l)(1), (m), and (n)(3) of this AD if those actions
were performed before the effective date of this AD using Airbus
Service Bulletin A320-52-1165, Revision 01, dated October 23, 2015,
excluding Appendix 01, dated November 3, 2014, and including
Appendix 02, dated October 23, 2015.

(v) Other FAA AD Provisions

    (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 (w)(2) of this AD. Information
may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (ii) AMOCs approved previously for AD 2016-07-23 are approved as
AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, 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.
    (3) Required for Compliance (RC): Except as specified by
paragraph (q) of this AD: If any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(w) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0023, dated January 26, 2018; corrected February
5, 2018; 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-2018-0762.
    (2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email [email protected]; 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>.

    Issued in Des Moines, Washington, on August 17, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-18813 Filed 8-30-18; 8:45 am]
 BILLING CODE 4910-13-P