[Federal Register: March 10, 2010 (Volume 75, Number 46)]
[Notices]
[Page 11210-11211]
[DOCID:fr10mr10-130]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61649; File No. PCAOB-2009-01]

 Public Company Accounting Oversight Board; Order Approving
Proposed Amendment to Board Rules Relating to Inspections

March 4, 2010.

I. Introduction

    On July 2, 2009, the Public Company Accounting Oversight Board (the
``Board'' or the ``PCAOB'') filed with the Securities and Exchange
Commission (the ``Commission'') a proposed rule amendment (PCAOB-2009-
01) pursuant to Section 107(b) of the Sarbanes-Oxley Act of 2002 (the
``Act'') relating to the Board's rules governing inspections of
registered public accounting firms. Notice of the proposed rule
amendment was published in the Federal Register on November 25,
2009.\1\ The Commission did not receive any comment letters relating to
the proposed rule amendment. For the reasons discussed below, the
Commission is granting approval of the proposed rule amendment.
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    \1\ See SEC Release No. 34-61032 (November 19, 2009); 74 FR
61722 (November 25, 2009).
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II. Description

    The PCAOB's proposed rule amendment would add paragraph (g) to
existing PCAOB Rule 4003, Frequency of Inspections, to give the Board
the ability to postpone, for up to three years, the current 2009
deadline for the first inspection of 49 non-U.S. firms that are located
in 24 jurisdictions in which the Board has not conducted an inspection
prior to 2009. As discussed further below, under the proposed rule
amendment, the Board would conduct these inspections in each of the
years from 2009 through 2012 according to a sequencing based on the
U.S. market capitalization of the aforementioned 49 firms' issuer audit
clients. The proposed rule amendment does not affect inspection
frequency requirements concerning any other first inspections or
concerning any second, or later, inspections of a firm. Further, the
proposed amendment itself does not limit the PCAOB's authority to
conduct inspections at any time and does not affect registered firms'
obligations under the Act.
    Pursuant to the requirements of Section 107(b) of the Act and
Section 19(b) of the Securities Exchange Act of 1934 (the ``Exchange
Act''), the Commission published the proposed rule amendment for public
comment on November 25, 2009.

III. Discussion of Comments

    The Commission did not receive any comment letters relating to the
proposed rule amendment.

IV. Discussion

    Section 104 of the Act requires the PCAOB to conduct a continuing
program of inspections to assess the degree of compliance of each
registered public accounting firm and associated persons of that firm
with the Act, the rules of the PCAOB, the rules of the Commission, and
professional standards, in connection with its performance of audits,
issuance of audit reports, and related maters involving issuers. Under
current PCAOB rules, the PCAOB must conduct an inspection annually of
each firm that issued audit reports for more than 100 issuers in the
previous calendar year; and must conduct an inspection once every three
years of each firm that, during any of the three prior calendar years,
issued an audit report for at least one but not more than 100 issuers,
or that played a substantial role in the preparation or furnishing of
an audit report for at least one issuer.\2\ The Act authorizes the
PCAOB, by rule and with SEC approval, to adjust these frequency
requirements if the Board finds that different inspection schedules are
consistent with the purpose of the Act, the public interest, and the
protection of investors.\3\
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    \2\ See PCAOB Rule 4003.
    \3\ See section 104(b)(2) of the Act [15 U.S.C. 7214(b)].
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    As described by the PCAOB, there were 49 non-U.S. registered firms
that, by virtue of when they first issued audit reports after
registering with the PCAOB, the Board was required to inspect for the
first time by the end of 2009, and that were located in 24
jurisdictions where the Board had not conducted any inspections to
date.\4\ The Board indicated that these inspections were not conducted
because of issues that relate primarily to the coordination of
inspections with local authorities and the resolution of potential
conflicts of law.\5\
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    \4\ See PCAOB Release No. 2009-003 (June 25, 2009).
    \5\ Ibid.
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    In summarizing its rationale for the necessity of the proposed rule
amendment, the Board noted its belief that most of the aforementioned
24 jurisdictions have or soon will have a local auditor oversight
authority with which the Board would seek to work toward cooperative
arrangements before conducting inspections, and noted its concerns
about proceeding as if such cooperative arrangements and other
necessary steps could be completed for all 24 jurisdictions in time to
conduct the required inspections by the end of 2009.\6\ To address
these concerns, the Board adopted and submitted to the Commission for
approval the proposed rule amendment, new paragraph (g) to Rule 4003,
to allow it to defer these inspections for up to three years.
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    \6\ Ibid.

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    In the Commission's publication of the proposed rules for comment,
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the notice indicated the following:

    In determining the schedule for completion of the inspections
subject to new paragraph (g), the Board will implement its proposal
to sequence these 49 inspections such that certain minimum
thresholds will be satisfied in each of the years from 2009 to 2012.
The minimum thresholds relate to U.S. market capitalization of
firms' issuer audit clients. The Board will begin by ranking the 49
firms according to the total U.S. market capitalization of a firm's
foreign private issuer audit clients. Working from the top of the
list (highest U.S. market capitalization total) down, the 49 firms
will be distributed over 2009 to 2012 such that, at a minimum, the
following criteria are satisfied:
     by the end of 2009, the Board will inspect firms whose
combined issuer audit clients' U.S. market capitalization
constitutes at least 35 percent of the aggregate U.S. market
capitalization of the audit clients of all 49 firms;
     by the end of 2010, the Board will inspect firms whose
combined issuer audit clients' U.S. market capitalization
constitutes at least 90 percent of that aggregate;
     by the end of 2011, the Board will inspect firms whose
combined issuer audit clients' U.S. market capitalization
constitutes at least 99.9 percent of that aggregate; and
     the Board will inspect the remaining firms in 2012.
    In addition to meeting those market capitalization thresholds,
the Board also will satisfy certain criteria concerning the number
of those 49 firms that will be inspected in each year. Specifically,
the Board will conduct at least four of the 49 inspections in 2009,
at least 11 more in 2010, and at least 14 more in 2011. (footnotes
omitted)

    On February 3, 2010, the PCAOB released new and updated information
about the status of its inspections of registered non-U.S. accounting
firms, including reporting on the PCAOB's progress in meeting the above
target thresholds.\7\ Specifically, the PCAOB reported that, as of
December 31, 2009, the PCAOB had inspected five firms that would meet
the proposed Rule 4003(g) criteria for deferral. However, the PCAOB
inspected only two of the four firms that the PCAOB had scheduled for
inspection in 2009 based on their clients' U.S. market capitalization.
As a result, the PCAOB did not meet the target threshold for U.S.
market capitalization for 2009. The PCAOB was unable to conduct the
inspections of the remaining two firms it intended to inspect in 2009
because, on the basis of asserted restrictions under non-U.S. law,
access to information necessary to conduct the inspections was denied.
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    \7\ See http://pcaobus.org/News/Releases/Pages/02032010_
Progress_IntlInspections.aspx. The PCAOB also noted that that it
intends to update its progress report semiannually to reflect
information current as of June 30 and December 31.
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    The PCAOB also reported that discussions are continuing with the
relevant authorities in the affected jurisdictions in an effort to
resolve their objections to PCAOB inspections. We agree that the PCAOB
should continue to work toward cooperative arrangements with the
appropriate local auditor oversight authorities where it is reasonably
likely that appropriate cooperative arrangements can be obtained.\8\ We
also recognize that formalization and finalization of such arrangements
take time. However, as the Board has acknowledged, inspection is the
cornerstone of the Board's regulatory oversight of audit firms.\9\
Public companies and investors rely on the integrity of the auditing
work performed by firms registered with the PCAOB, and the salutary
effects of briefly delaying inspection of certain of these firms
decrease as the period of delay increases or there no longer appears to
be a reasonable possibility of reaching appropriate cooperative
arrangements.
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    \8\ Cf., PCAOB Release 2009-003 (June 25, 2009) (expressing the
view that ``There is long-term value in accepting a limited delay in
inspections to continue working toward cooperative arrangements
where it appears reasonably possible to reach them.'').
    \9\ See, PCAOB Release 2009-003 (June 25, 2009) (stating that
``[I]nspection is the Board's primary tool of oversight.'').
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    Accordingly, we encourage the PCAOB to continue to work with
deliberate speed with its foreign counterparts to finalize these
cooperative arrangements. We continue to expect the PCAOB to satisfy
its announced inspection schedule for 2010-2012.\10\ We also direct the
PCAOB to work closely with Commission staff in the PCAOB's ongoing
discussions with relevant authorities and efforts to meet its non-U.S.
audit firm inspection schedule.\11\
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    \10\ As part of its semiannual disclosures, the PCAOB also
discloses a list of those registered firms where inspections have
not been completed by the PCAOB, even though more than four years
have passed since the end of the calendar year in which the firm
first issued an auditor report while registered with the PCAOB.
    \11\ Separately, in the Commission's order approving the PCAOB's
budget and annual accounting support fee for calendar year 2010, the
Commission directed the PCAOB to include in its quarterly reports to
the Commission information about the timing of the PCAOB's
international inspection program and updates on the PCAOB's efforts
to establish cooperative arrangements with respective non-U.S.
authorities for inspections required in those countries. See SEC
Release No. 34-61212 (December 22, 2009); 74 FR 68875 (December 29,
2009).
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V. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed amendment of the Board's rules governing inspections of
registered public accounting firms are consistent with the requirements
of the Act and the securities laws and are necessary or appropriate in
the public interest or for the protection of investors.
    It is therefore ordered, pursuant to section 107 of the Act and
section 19(b)(2) of the Exchange Act, that the proposed rule amendment
(File No. PCAOB 2009-01) be and hereby is approved.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-5046 Filed 3-9-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Rules and Regulations]
[Pages 55685-55686]
[FR Doc No: 2022-19644]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 89

[Docket No. FAA-2019-1100]

Enforcement Policy Regarding Production Requirements for Standard
Remote Identification Unmanned Aircraft

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

ACTION: Notification of enforcement policy.

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SUMMARY: For noncompliance with the remote identification production
requirements applicable to unmanned aircraft, which occurs on or before
December 16, 2022, the FAA will consider all circumstances, in
particular, the delay in the FAA's acceptance of a means of compliance,
when exercising its discretion whether to take enforcement action.

DATES: This policy is effective September 8, 2022.

FOR FURTHER INFORMATION CONTACT: James D. Foltz, Strategic Policy
Emerging Aircraft Section, Policy and Innovation Division, Aircraft
Certification Service, Federal Aviation Administration, 901 Locust
Street, Room 301, Kansas City, MO 64106; telephone 1-844-FLY-MY-UA (1-
844-359-6981); email: [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    A copy of this document may be viewed online at https://www.regulations.gov using the docket number listed above. A copy of
this document will be placed in the docket. Electronic retrieval help
and guidelines are available on the website. It is available 24 hours
each day, 365 days each year. An electronic copy of this document may
also be downloaded from the Office of the Federal Register's website at
https://www.federalregister.gov and the Government Publishing Office's
website at https://www.govinfo.gov.

Background

    On January 15, 2021, the Remote Identification of Unmanned Aircraft
final rule (RIN 2120-AL31) published in the Federal Register at 86 FR
4390. In accordance with the final rule, standard remote identification
unmanned aircraft and remote identification broadcast modules must be
designed and produced to meet the requirements of title 14 of the Code
of Federal Regulations part 89 (14 CFR part 89). A person designing or
producing a standard remote identification unmanned aircraft or remote
identification broadcast module for operation in the United States must
show that the unmanned aircraft or broadcast module meets the
requirements of an FAA-accepted means of compliance. A means of
compliance describes the methods by which the person complies with the
performance-based requirements for remote identification.
    Under part 89, a person seeking acceptance by the FAA of a means of
compliance for standard remote identification unmanned aircraft or
remote identification broadcast modules must submit the means of
compliance to the FAA. The FAA reviews the means of compliance to
determine if it meets the minimum performance requirements and includes
appropriate testing and validation procedures in accordance with 14 CFR
part 89. Specifically, the person must submit a detailed description of
the means of compliance, an explanation for how the means of compliance
meets the minimum performance requirements of 14 CFR part 89, and any
substantiating material the person wishes the FAA to consider as part
of the application.\1\ Part 89 prohibits production of unmanned
aircraft for operation in the United States unless the manufacturer
meets the performance requirements of part 89 by following an FAA-
accepted means of compliance for producing standard remote
identification unmanned aircraft by the compliance date of September
16, 2022.\2\ A means of compliance is not considered to be ``FAA-
accepted'' until the means of compliance has been evaluated by the
Administrator, the Administrator determines the person has demonstrated
that the means of compliance meets the requirements of subparts D and E
of part 89, and the FAA has notified the person who submitted the means
of compliance that the Administrator has accepted it.\3\
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    \1\ 14 CFR 89.405.
    \2\ 14 CFR 89.510 and 89.515.
    \3\ 14 CFR 89.410.
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    On May 13, 2022, the American Society for Testing and Materials
(ASTM) submitted ``Standard Practice for Remote ID Means of Compliance
to Federal Aviation Administration Regulation 14 CFR part 89,'' ASTM
Reference Number F3586-22, to the FAA for acceptance. On August 11,
2022, the FAA published a notice of availability announcing the
acceptance of a means of compliance consisting of both ASTM Standard
F3586-22 and the additions specified in that notice of availability.\4\
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    \4\ Accepted Means of Compliance; Remote Identification of
Unmanned Aircraft notice of availability, 87 FR 49520, August 11,
2022. Docket no. FAA-2022-0859.
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    Accordingly, while the FAA expects that those involved in the
development of ASTM F3586-22 require less time to design and develop
standard remote identification unmanned aircraft using the FAA-accepted
means of compliance (ASTM F3586-22 and additions provided in the notice
of availability) than they would if the entire means of compliance had
been unfamiliar, until a means of compliance was accepted by the FAA,
persons producing unmanned aircraft were unable to meet the standard
remote identification unmanned aircraft production requirements in part
89.

Statement of Policy

    The FAA recognizes that it accepted the ASTM F3586-22 means of
compliance slightly more than a month before the September 16, 2022,
compliance date. The FAA has already received some declarations of
compliance from manufacturers who are likely to meet the September 16,
2022, compliance date. However, the FAA acknowledges that other
manufacturers may not have sufficient time to adequately design,
develop, and test unmanned aircraft and file a declaration of
compliance with the FAA on or before September 16, 2022, because of the
delayed acceptance of the means of compliance. Accordingly, the FAA
will exercise its discretion in determining how to handle any apparent
noncompliance, including exercising discretion to not take enforcement
action, if appropriate, for any noncompliance that occurs on or before
December 16, 2022. The exercise of enforcement discretion herein
creates no individual right of action and establishes no precedent for
future determinations.

    Issued in Washington, DC, on September 7, 2022.
Cynthia A. Dominik,
Assistant Chief Counsel for Enforcement, Federal Aviation
Administration.
[FR Doc. 2022-19644 Filed 9-8-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 9, 2009 (Volume 74, Number 67)]
[Rules and Regulations]
[Page 16121-16124]
[DOCID:fr09ap09-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0899; Directorate Identifier 2008-NM-022-AD;
Amendment 39-15874; AD 2009-08-01]
RIN 2120-AA64

Airworthiness Directives; Honeywell Flight Management Systems
(FMSs) Equipped With Honeywell NZ-2000 Navigation Computers and
Honeywell IC-800 or IC-800E Integrated Avionics Computers; as Installed
on Various Transport Category Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to all Honeywell FMSs served by Honeywell NZ-2000
navigation computers and IC-800 integrated avionics computers. That AD
currently requires identifying affected computers by part number and
software modification level and revising the Limitations section of
applicable airplane flight manuals to provide procedures for retaining
optimum position determination and intended navigation. This new AD
requires upgrading new software, which terminates the existing
requirements. This AD results from reports of in-flight unannunciated
shifts of computed position in airplanes with the subject FMS
computers. We are issuing this AD to prevent a shift in the FMS
computed position, which could result in uncommanded deviations from
the intended flight path of the airplane, and, if those deviations are
undetected by the flight crew, compromised terrain/traffic avoidance.

DATES: This AD becomes effective May 14, 2009.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 14, 2009.
    On April 18, 2007 (72 FR 15818, April 3, 2007), the Director of the
Federal Register approved the incorporation by reference of Honeywell
Technical Newsletter A23-6111-008, Revision 001, dated February 22,
2007.

ADDRESSES: For service information identified in this AD, contact
Honeywell Technical Operations Center, 1944 East Sky Harbor Circle,
Phoenix, Arizona 85034-3442; telephone (U.S. and Canada)<PHONE_NUMBER>,
(international)<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet http://www.honeywell.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Daniel Bui, Aerospace Engineer,
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California
90712-4137; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2007-07-12, amendment
39-15009 (72 FR 15818, April 3, 2007). The existing AD applies to all
Honeywell FMSs served by Honeywell NZ-2000 navigation computers and IC-
800 integrated avionics computers. That NPRM was published in the
Federal Register on August 21, 2008 (73 FR 49368). That NPRM proposed
to retain the existing requirements of identifying affected airplanes
by part numbers/modification levels and revising the Limitations
section of the airplane flight manual. That NPRM also proposed to
require uploading new software, which would terminate the existing
requirements.

Actions Since NPRM Was Issued

    Since we issued the NPRM, Honeywell has published Alert Service
Bulletin 7017300-22-A6112, Revision 001, dated February 7, 2008. In the
NPRM, we referred to Honeywell Alert Service Bulletin 7017300-22-A6112,
dated June 22, 2007, as the appropriate source of service information
for accomplishing the proposed actions. The procedures in Revision 001
of this service bulletin are essentially the same as those in the
original issue of this service bulletin. Revision 001 of this service
bulletin includes instructions to load software onboard as an
alternative

to sending the unit to a service center to have the software loaded.
    Therefore, we have revised this AD to refer to Honeywell Alert
Service Bulletin 7017300-22-A6112, Revision 001, dated February 7,
2008, as the appropriate source of service information. We have also
added a new paragraph (i) to this AD that specifies that actions done
before the effective date of this AD in accordance with Honeywell Alert
Service Bulletin 7017300-22-A6112, dated June 22, 2007, are acceptable
for compliance with the requirements of this AD and re-identified
subsequent paragraphs.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM.

Request To Remove References to Service Bulletin

    Honeywell requests that we remove the references to Honeywell
Service Bulletin 7018879-34-6061, Revision 001, dated January 21, 2008,
from the NPRM because the service modifications identified in this
service bulletin are not affected by the identified unsafe condition
and the modification works correctly.
    We agree that Honeywell Service Bulletin 7018879-34-6061, Revision
001, dated January 21, 2008, is unnecessary. This service bulletin,
which includes Modifications A and B, did not exhibit the FMS position
jump problem that this AD addresses. This problem started when
Modification C was incorporated into the affected units. Since
Modifications A and B did not exhibit the FMS position jump problem,
operators of these units are not required to incorporate the AFM
revision procedures. Therefore, we have removed references to Honeywell
Service Bulletin 7018879-34-6061, Revision 001, dated January 21, 2008,
from this AD.

Request To Clarify Terminology

    Honeywell notes that the NPRM states that the new software should
be ``uploaded.'' This term may cause some confusion as very few of the
affected airplanes have the capability to field-load the software.
Honeywell recommends replacing the term ``upload'' with ``upgrade.''
    We agree that this terminology may cause some confusion, and we
have changed the ``upload'' terminology to ``upgrade'' throughout this
AD.

Request To Change Contact Information of Manufacturer

    The manufacturer, Honeywell, has requested that we change the
contact information for service information to Honeywell Technical
Operations Center, 1944 East Sky Harbor Circle, Phoenix, Arizona 85034-
3442; telephone (U.S. and Canada)<PHONE_NUMBER>; (international) 602-
365-3099; e-mail<EMAIL_ADDRESS>    We agree, and we have provided the specific contact information for
the manufacturer as requested.

Conclusion

    We have carefully reviewed the available data, including the
comments that have been received, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 104 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
             Action                  Work hour     Average labor     Cost per       registered      Fleet cost
                                                   rate per hour     airplane        airplanes
----------------------------------------------------------------------------------------------------------------
AFM revision (required by AD                   1             $80             $80              77          $6,160
 2007-07-12)....................
Terminating action (new required               1              80              80              77           6,160
 action)........................
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this 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); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13

by removing amendment 39-15009 (72 FR 15818, April 3, 2007) and by
adding the following new airworthiness directive (AD):

2009-08-01 Honeywell, Inc.: Amendment 39-15874. Docket No. FAA-2008-
0899; Directorate Identifier 2008-NM-022-AD.

Effective Date

    (a) This AD becomes effective May 14, 2009.

Affected ADs

    (b) This AD supersedes AD 2007-07-12.

Applicability

    (c) This AD applies to all Honeywell NZ-2000 navigation
computers and Honeywell IC-800 or IC-800E integrated avionics
computers; as installed on transport category airplanes,
certificated in any category, including but not limited to the
airplanes identified in Table 1 of this AD.

                    Table 1--Known Affected Airplanes
------------------------------------------------------------------------
              Manufacturer                            Model
------------------------------------------------------------------------
Bombardier, Inc........................  CL-600-2B16 (CL-601-3A, CL-601-
                                          3R, and CL-604) airplanes.
Dassault Aviation......................  Mystere-Falcon 900 airplanes.
Gulfstream Aerospace Corporation.......  G-1159A and GV airplanes, and G-
                                          IV series airplanes.
Lockheed...............................  382G series airplanes.
Hawker Beechcraft (formerly Raytheon     BAe.125 Series 800A (including
 Aircraft Company).                       C-29A and U-125) airplanes.
                                         Hawker 800XP and 1000
                                          airplanes.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from reports of in-flight unannunciated
shifts of computed position in airplanes with the subject flight
management system (FMS) computers identified in paragraph (c) of
this AD. We are issuing this AD to prevent a shift in the FMS
computed position, which could result in uncommanded deviations from
the intended flight path of the airplane and, if those deviations
are undetected by the flight crew, compromised terrain/traffic
avoidance.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Requirements of AD 2007-07-12

Identification of Part Number/Modification Level

    (f) Within 14 days after April 18, 2007 (the effective date of
AD 2007-07-12): Determine if the installed NZ-2000 navigation
computers and IC-800 or IC-800E integrated avionics computers
serving FMSs have computer part numbers and software modification
levels identified in Honeywell Technical Newsletter A23-6111-008,
Revision 001, dated February 22, 2007. For purposes of this AD,
airplanes with FMS computers having a part number and software
modification level identified in the newsletter are ``affected
airplanes.''

Revision of Airplane Flight Manual (AFM)

    (g) For any affected airplane: Within 14 days after April 18,
2007, revise the Limitations section of the applicable AFM to
incorporate the information included in Appendix A of Honeywell
Technical Newsletter A23-6111-008, Revision 001, dated February 22,
2007. This may be done by inserting a copy of Appendix A of the
newsletter into the AFM.

New Requirements of This AD

Terminating Action

    (h) Within 12 months after the effective date of this AD,
upgrade the applicable software as specified in Table 2 of this AD.
After upgrading the applicable software, the requirements of
paragraphs (f) and (g) of this AD are no longer necessary, and the
AFM revision required by paragraph (g) of this AD may be removed.

                       Table 2--Terminating Action
------------------------------------------------------------------------
                               In accordance with
  Upgrade new software in--    the accomplishment           For--
                                instructions of--
------------------------------------------------------------------------
(1) The IC-800 or             Honeywell Alert       The IAC identified
 IC[dash]800E integrated       Service Bulletin      in Honeywell Alert
 avionic computer (IAC), as    7017300-22-A6112,     Service Bulletin
 applicable.                   Revision 001, dated   7017300-22-A6112,
                               February 7, 2008.     Revision 001, dated
                                                     February 7, 2008.
(2) The NZ-2000 navigation    Honeywell Alert       The NAV computer
 computer (NAV computer).      Service Bulletin      identified in
                               7018879-34-A6060,     Honeywell Alert
                               Revision 001, dated   Service Bulletin
                               January 21, 2008.     7018879-34-A6060,
                                                     Revision 001, dated
                                                     January 21, 2008.
                              Honeywell Alert       The NAV computer
                               Service Bulletin      identified in
                               7018879-34-A6062,     Honeywell Alert
                               dated June 12, 2007.  Service Bulletin
                                                     7018879-34-A6062,
                                                     dated June 12,
                                                     2007.
                              Honeywell Alert       The NAV computer
                               Service Bulletin      identified in
                               7018879-34-A6063,     Honeywell Alert
                               dated July 6, 2007.   Service Bulletin
                                                     7018879-34-A6063,
                                                     dated July 6, 2007.
------------------------------------------------------------------------

Credit for Actions Done According to Previous Issue of Service
Bulletin

    (i) Actions done before the effective date of this AD in
accordance with Honeywell Service Bulletin 7017300-22-A6112, dated
June 22, 2007, are acceptable for compliance with the requirements
of paragraph (h)(1) of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Los Angeles Aircraft Certification Office,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
Attn: Daniel Bui, Aerospace Engineer, Systems and Equipment Branch,
ANM-130L, FAA, Los Angeles Aircraft Certification Office, 3960
Paramount Boulevard, Lakewood, California 90712-4137; telephone
(562) 627-5339; fax<PHONE_NUMBER>.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

Material Incorporated by Reference

    (k) You must use the service information contained in Table 3 of
this AD to do the actions required by this AD, as applicable, unless
the AD specifies otherwise. (The revision level of Honeywell Alert
Service Bulletin 7017300-22A6112, Revision 001;

and Honeywell Alert Service Bulletin 7018879-34-A6060, Revision 001;
is identified only on the first page of these documents.)

                                 Table 3--All Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
              Document                        Revision                                Date
----------------------------------------------------------------------------------------------------------------
Honeywell Alert Service Bulletin      001.....................  February 7, 2008.
 7017300-22A6112.
Honeywell Alert Service Bulletin      001.....................  January 21, 2008.
 7018879-34-A6060.
Honeywell Alert Service Bulletin      Original................  June 12, 2007.
 7018879-34-A6062.
Honeywell Alert Service Bulletin      Original................  July 6, 2007.
 7018879-34-A6063.
Honeywell Technical Newsletter A23-   001.....................  February 22, 2007.
 6111-008.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information contained in
Table 4 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.

                                 Table 4--New Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
              Document                        Revision                                Date
----------------------------------------------------------------------------------------------------------------
Honeywell Alert Service Bulletin      001.....................  February 7, 2008.
 7017300-22A6112.
Honeywell Alert Service Bulletin      001.....................  January 21, 2008.
 7018879-34-A6060.
Honeywell Alert Service Bulletin      Original................  June 12, 2007.
 7018879-34-A6062.
Honeywell Alert Service Bulletin      Original................  July 6, 2007.
 7018879-34-A6063.
----------------------------------------------------------------------------------------------------------------

    (2) The Director of the Federal Register previously approved the
incorporation by reference of the service information contained in
Table 5 of this AD on April 18, 2007 (72 FR 15818, April 3, 2007).

                             Table 5--Material Previously Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
              Document                        Revision                                Date
----------------------------------------------------------------------------------------------------------------
Honeywell Technical Newsletter A2-    001.....................  February 22, 2007.
 6111-008.
----------------------------------------------------------------------------------------------------------------

     (3) For service information identified in this AD, contact
Honeywell Technical Operations Center, 1944 East Sky Harbor Circle,
Phoenix, Arizona 85034-3442; telephone (U.S. and Canada) 800-601-
3099, (international)<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.honeywell.com.
    (4) You may review copies of the service information that is
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221 or<PHONE_NUMBER>.
    (5) You may also review copies of the service information 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/code_of_federal_
regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 30, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-7790 Filed 4-8-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Pages 83937-83939]
[FR Doc No: 2023-26437]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-R06-OW-2023-0566; FRL-11561-01-R6]

Notice of Availability of Initial Revised Designation of Certain
Stormwater Discharges in the State of New Mexico Under the National
Pollutant Discharge Elimination System of the Clean Water Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 6 is
providing notice of an initial revised designation determination that
storm water discharges from the Los Alamos Urban Area (as defined by
the latest decennial Census) and Los Alamos National Laboratory (LANL)
property in Los Alamos County and Santa Fe County, New Mexico are
contributing to violations of New Mexico water quality standards (WQS)
and require National Pollutant Discharge Elimination System (NPDES)
permit coverage under the Clean Water Act (CWA). This action is in
response to a June 30, 2014, petition filed with EPA by Amigos Bravos
entitled ``A Petition by Amigos Bravos for a Determination that Storm
Water Discharges in Los Alamos County Contribute to Water Quality
Standards Violations and Require a Clean Water Act Permit,'' and
revises the Agency's prior December 16, 2019, designation decision,
which was remanded to EPA for reconsideration by the Tenth Circuit
Court of Appeals.

DATES: Comments must be received on or before February 29, 2024. The
``Initial Revised Designation Decision and Record of Initial Decision
in Response to A Petition by Amigos Bravos for a Determination that
Stormwater Discharges in Los Alamos County Contribute to Water Quality
Standards Violations and Require Clean Water Act Permit Coverage'' was
signed on November 6, 2023. The EPA will hold an informal virtual
public meeting in January 2024, at least two weeks before the end of
the public comment period. Please refer to the SUPPLEMENTARY
INFORMATION section for additional information on the public hearing.

ADDRESSES: You may send comments on the Initial Designation
Determination, identified by Docket ID No. EPA-R06-OW-2023-0566, by the
following method:
     Federal eRulemaking Portal: https://www.regulations.gov/.
Follow the online instructions for submitting comments.
    Instructions: All submissions received must include the EPA-R06-OW-
2023-0566 for this Initial Designation Determination. Comments received
may be posted without change to https://www.regulations.gov/, including
any personal information provided. For detailed instructions on sending
comments and additional information on the Initial Designation
Determination, see the ``Public Participation'' heading of the
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For further information contact Ms.
Evelyn Rosborough via email: [email protected], or may be
mailed to Ms. Evelyn Rosborough, Environmental Protection Agency,
Region 6, Water Division (6WQ-NP), 1201 Elm Street, Suite 500, Dallas,
TX 75270.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Written Comments

    Submit your comments as detailed in the ADDRESSES section. Do not
submit to EPA any information you consider to be Confidential Business
Information (CBI), Proprietary Business Information (PBI), or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system).

B. Participation in Virtual Public Meeting

    More information on how to participate in the informal virtual
public meeting planned for January 2024 will be available soon via the
New Mexico section of the Public Notices at U.S. EPA web page at
https://www.epa.gov/publicnotices. Public comments will not be accepted
during the public meeting, but the date of the meeting will provide at
least two weeks after the meeting to submit written comments prior to
the end of the public comment period.

II. General Information

A. Does this action apply to me?

    Small MS4s operated by the County of Los Alamos, Los Alamos
National Laboratory, including Triad National Security, LLC and the
U.S. Department of Energy's National Nuclear Security Administration,
and the New Mexico Department of Transportation would potentially be
regulated as a result of this action. To determine whether your entity
is affected by this action, you should also review the description of
EPA's action in Section II.B of this notice and the Initial Designation
Determination document available in Docket ID No. EPA-R06-OW-2023-0566
at the Federal eRulemaking Portal: https://www.regulations.gov/ or
online via the Public Notice web page for New Mexico at: https://www.epa.gov/publicnotices. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the FOR FURTHER INFORMATION CONTACT section.

B. Summary and Availability of Designation Documents

    The Regional Administrator of EPA Region 6 has made an initial
designation of stormwater discharges from certain MS4s for regulation
under the NPDES permitting program pursuant to Section 402(p)(2)(E) and
(6) of the CWA and EPA's implementing regulations at 40 CFR
122.26(a)(9)(i)(C)-(D). Those provisions authorize the Agency to
regulate stormwater discharges that contribute to a WQS violation or
that are a significant contributor of pollutants to waters of the
United States, or where controls are needed based on wasteload
allocations that are part of total maximum daily loads. This authority
is often referred to as ``residual designation authority'' or RDA. EPA
is providing notice of its revised initial designation that storm water
discharges from the Los Alamos Urban Area (as defined by the latest
decennial Census) and LANL property in Los Alamos County and Santa Fe
County, New Mexico are contributing to violations of New Mexico WQS and
require NPDES permit coverage under the CWA.
    This proposed initial designation revises EPA's prior December 16,
2019, decision designating stormwater discharges from small MS4s
operated by the County of Los Alamos, LANL, and the New Mexico
Department of Transportation for NPDES permitting. The County of Los
Alamos filed a petition for review of EPA's 2019 designation with the
U.S. Court of Appeals for the Tenth Circuit. Following the filing of
the petition for review, EPA filed a motion for voluntary remand to
reconsider its response to the Petition considering the Supreme Court's
intervening decision in County of Maui v. Hawaii Wildlife Fund, 140 S.
Ct. 1462 (2020) (Maui) and based on other relevant factors. On January
21, 2022, the Court granted EPA's motion, remanding the matter to EPA
``for the limited purpose of reconsidering the EPA's decision that is
the subject of this petition for review. Specifically, the EPA should
reconsider its decision in light of the Supreme Court's decision in
County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020). The EPA
may conduct any and all proceedings it deems necessary and appropriate
to reconsider the decision at issue in this case.'' Order, United
States Court of Appeals, Tenth Circuit, January 21, 2022, Case #20-
9534, at 2. In addition to considering the Supreme Court's decision in
Maui, EPA has also considered the facts at issue in this matter
considering the recent Supreme Court decision in Sackett v. EPA, 598
U.S. 651, 143 S. Ct. 1322 (2023). EPA has carefully considered all
record information, including stormwater discharge data collected by
NMED, LANL, and the Buckman Direct Diversion, NMED's water quality
assessments and lists of impaired waters and any supplemental
information submitted by LANL or the County regarding EPA's previous
2019 designation decision, as well as the public comments submitted on
that decision. EPA also conducted a site visit in September 2022 to
examine first-hand the effects of the discharges and waters at issue.
EPA is hereby proposing its initial determination for public comment.
EPA is soliciting public comment and may revise its findings based on
public input.
    Upon reconsideration of the Petition on remand, EPA has initially
determined that stormwater discharges from small MS4s located in the
Los Alamos Urban Area as defined by the latest decennial Census and
MS4s located on LANL property within Los Alamos and Santa Fe Counties,
New Mexico require NPDES permit coverage because the discharges are
contributing to violations of NM WQS in waters of the United States.
The initial designation plus supplementary information relating to it
are available on the EPA Public Notice web page at: https://www.epa.gov/publicnotices. Please refer to that website to review these
materials and then follow the directions above in this Notice for
submitting any comments.

    Dated: November 27, 2023.
Dzung Kim Ngo Kidd,
Acting Director, Water Division, Region 6.
[FR Doc. 2023-26437 Filed 11-30-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Proposed Rules]
[Pages 15154-15160]
[FR Doc No: 2019-07386]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0807; Product Identifier 2018-NM-003-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.

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

SUMMARY: We are revising an earlier proposal for certain Airbus SAS
Model A330-200, A330-300, A340-200, and A340-300 series airplanes. This
action revises the notice of proposed rulemaking (NPRM) by adding
certain airplanes to certain compliance time tables. We are proposing
this airworthiness directive (AD) to address the unsafe condition on
these products. Since these actions would impose an additional burden
over those in the NPRM, we are reopening the comment period to allow
the public the chance to comment on these changes.

DATES: The comment period for the NPRM published in the Federal
Register on October 15, 2018 (83 FR 51889), is reopened.
    We must receive comments on this SNPRM by May 30, 2019.

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, 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--EAL, Rond-Point Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; phone: +33 5 61 93 36 96; fax: +33 5 61 93 45
80; email: [email 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
206-231-3195.

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-
0807; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this SNPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.

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

SUPPLEMENTARY INFORMATION:

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-2018-0807;
Product Identifier 2018-NM-003-AD'' at the beginning of your comments.
We specifically invite

comments on the overall regulatory, economic, environmental, and energy
aspects of this SNPRM. We will consider all comments received by the
closing date and may amend this SNPRM 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 SNPRM.

Discussion

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to certain Airbus Model A330-200, A330-300, A340-200, and
A340-300 series airplanes. The NPRM published in the Federal Register
on October 15, 2018 (83 FR 51889). The NPRM was prompted by a report
that revealed the wheel axles of the main landing gear (MLG) were
machined with a radius as small as 0.4 millimeters and a determination
that the life limit for the affected wheel axles of the MLG must be
reduced. The NPRM proposed to require an inspection to determine the
part number and serial number of each MLG wheel axle and replacement of
affected parts prior to exceeding the reduced life limits.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, we have determined that certain airplanes
were missing from certain compliance time tables in the proposed AD.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0150, dated July 16, 2018 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Airbus Model A330-200, A330-300, A340-200,
and A340-300 series airplanes. The MCAI states:

    In the past, EASA received a report, via Airbus and Messier-
Bugatti-Dowty Ltd, from a MRO [Maintenance Repair Organization],
concerning a specific repair accomplished on certain MLG wheel
axles. Investigations revealed that the axles were machined with a
radius as small as 0.4 mm.
    This condition, if not corrected, has a detrimental effect on
the fatigue lives of these parts, possibly affecting the structural
integrity of the aeroplane. Fatigue analyses were performed and the
results indicated that the life limit of the affected MLG wheel
axles must be reduced to below the one stated in the A330 and A340
Airbus Airworthiness Limitation Section (ALS) Part 1.
    To address this potential unsafe condition, EASA issued AD 2011-
0170 [which corresponds to FAA AD 2013-08-03, Amendment 39-17420 (78
FR 23105, April 18, 2013) (``AD 2013-08-03'')], which required the
replacement of the MLG wheel axles before exceeding the new reduced
demonstrated life limit. After that [EASA] AD was issued, it was
discovered that additional MLG wheel axles were subject to repairs
by the same MRO. Consequently, EASA issued AD 2013-0067, retaining
the requirements of EASA AD 2011-0170, which was superseded, and
required the replacement of this additional batch of affected MLG
wheel axles.
    Since EASA AD 2013-0067 was issued, it was reported that two
additional MROs have accomplished similar incorrect repairs on
additional MLG wheel axles, necessitating implementation of a
reduced life limit. The affected MLG wheel axles, as well as the
related life limits, have been published in Airbus SB [service
bulletin] A330-32-3282 and SB A340-32-4311, as applicable to
aeroplane type.
    Consequently, EASA issued AD 2017-0245, retaining the
requirements of EASA AD 2013-0067, which was superseded, to require
identification and replacement of the affected MLG wheel axles.
    Since EASA AD 2017-0245, it was determined that some aeroplane
models were missing from the Tables in Appendix 1 [of EASA AD 2017-
0245]. It was also determined that the compliance times [of EASA AD
2017-0245] needed to be clarified.
    For the reasons described above, this [EASA] AD fully retains
the requirements of EASA AD 2017-0245, which is superseded, and
introduces the necessary clarifications. This [EASA] AD also
contains some editorial changes to meet the current [EASA] AD
writing standards, without affecting the technical content or
requirements.

    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-
0807.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A330-32-3282, Revision 03,
including Appendixes 01, 02, and 03, dated October 24, 2017; and
Service Bulletin A340-32-4311, Revision 03, including Appendixes 01,
02, and 03, dated October 24, 2017. This service information describes
procedures for inspecting the MLG wheel axles to determine the part
number and serial number, and replacing the affected MLG wheel axles.
This service information also specifies reduced life limits for the
affected MLG wheel axles. These documents are distinct since they apply
to different airplane models.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Comments

    We gave the public the opportunity to participate in developing
this proposed AD. We considered the comments received. Air Line Pilots
Association, International (ALPA) stated that it supports the NPRM.

Request To Add Certain Airplanes to Certain Tables With Post-Repair
Life Limits

    American Airlines (AAL) and an anonymous commenter requested that
we add certain airplanes to certain compliance time tables with post-
repair life limits in the proposed AD. AAL stated that tables 2 and 3
to paragraphs (g)(2), (g)(3), and (i) of the proposed AD (in the NPRM)
are missing airplane Model A330-323. AAL commented that this airplane
model is shown as Model A330-3xx in Compliance Tables 2, 3, 4 and 5 of
Airbus Service Bulletin A330-32-3282, Revision 03, dated October 24,
2017. AAL stated that it operates 9 Model A300-323 airplanes at
``WV022'' and without this airplane model included in the proposed AD,
it would not be able to comply with the proposed AD as written.
    An anonymous commenter stated that Model A330-302, A330-303, A330-
323 and A330-343 airplanes are missing in tables 2 and 3 to paragraphs
(g)(2), (g)(3), and (i) of the proposed AD (in the NPRM). The anonymous
commenter stated that these airplanes have been added to EASA AD 2018-
0150, dated July 16, 2018, because they were missing in EASA AD 2017-
0245, dated December 11, 2017.
    We agree with the commenters request. We have added airplane Models
A330-302, A330-303, A330-323, and A330-343 to tables 2 and 3 to
paragraphs (g)(2), (g)(3), and (i) of the proposed AD (in this SNPRM)
for the reasons stated previously.

FAA's Determination and Requirements of This SNPRM

    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.
    Certain changes described above expand the scope of the SNPRM. As a
result, we have determined that it is

necessary to reopen the comment period to provide additional
opportunity for the public to comment on this SNPRM.

Costs of Compliance

    We estimate that this proposed AD affects 29 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
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................              $0             $170           $4,930
----------------------------------------------------------------------------------------------------------------

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

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
16 work-hours x $85 per hour =    $40,000 (per part)  $41,360 (per
 $1,360 (per part).                                    part).
------------------------------------------------------------------------

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 and associated appliances 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 adding the following new airworthiness
directive (AD):

Airbus SAS: Docket No. FAA-2018-0807; Product Identifier 2018-NM-
003-AD.

(a) Comments Due Date

    We must receive comments by May 30, 2019.

(b) Affected ADs

    This AD affects AD 2013-08-03, Amendment 39-17420 (78 FR 23105,
April 18, 2013) (``AD 2013-08-03'').

(c) Applicability

    This AD applies to the Airbus airplanes, certificated in any
category, specified in paragraphs (c)(1) through (c)(5) of this AD.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes, all
manufacturer serial numbers (MSNs), except those on which Airbus
Modification 54500 has been embodied in production.
    (2) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes, all manufacturer serial numbers, except MSNs
0896, 0905, and 0913 (which are specified in paragraph (c)(3) of
this AD), and except those on which Airbus Modification 54500 has
been embodied in production.
    (3) Model A330-343 airplanes, MSNs 0896, 0905, and 0913, except
those on which the actions in Airbus Service Bulletin A330-32-3273
have been embodied in service.
    (4) Model A340-211, -212, and -213 airplanes, all manufacturer
serial numbers, except those on which Airbus Modification 54500 has
been embodied in production.
    (5) Model A340-311, -312, and -313 airplanes, all manufacturer
serial numbers, except those on which Airbus Modification 54500 has
been embodied in production.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Reason

    This AD was prompted by a report that revealed the wheel axles
of the main landing gear (MLG) were machined with a radius as small
as 0.4 millimeters and a determination that the life limit for the
affected wheel axles of the MLG must be reduced. We are issuing this
AD to address fatigue of the wheel axles

of the MLG, which could result in reduced structural integrity of
the airplane.

(f) Compliance

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

(g) Definitions

    (1) For the purpose of this AD, the affected MLG wheel axles are
listed by part number and serial number in Appendix 01 (Maintenance
Repair Organization (MRO 1), Appendix 02 (MRO 2), and Appendix 03
(MRO 3) of Airbus Service Bulletin A330-32-3282, Revision 03, dated
October 24, 2017; and Airbus Service Bulletin A340-32-4311, Revision
03, dated October 24, 2017; as applicable.
    (2) For the purpose of this AD, a serviceable MLG wheel axle is
an affected MLG wheel axle that has not exceeded the applicable
post-repair life limit values as specified in table 1 to paragraphs
(g)(2), (g)(3), and (i) of this AD, table 2 to paragraphs (g)(2),
(g)(3), and (i) of this AD, or table 3 to paragraphs (g)(2), (g)(3),
and (i) of this AD; or a part that is not an affected MLG wheel
axle.
    (3) For the purpose of this AD, the term ``post-repair life
limits'' represents the time-in-service, flight cycles, or flight
hours, whichever occurs first, accumulated since repair by the
affected MRO specified in table 1 to paragraphs (g)(2), (g)(3), and
(i) of this AD, table 2 to paragraphs (g)(2), (g)(3), and (i) of
this AD, or table 3 to paragraphs (g)(2), (g)(3), and (i) of this
AD.
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(h) Inspection To Determine Part Number and Serial Number

    Within 90 days after the effective date of this AD: Do an
inspection of each MLG wheel axle (left-hand and right-hand sides)
to determine the part number and serial number. A review of airplane
delivery or maintenance records is acceptable to make this
determination, in lieu of inspecting a MLG wheel axle, provided
those records can be relied upon for that purpose and the part
number and serial number of the affected part can be positively
identified from that review.

(i) Replacement of Affected MLG Wheel Axles

    If any affected MLG wheel axle is found: Within the compliance
time specified in table 1 to paragraphs (g)(2), (g)(3), and (i) of
this AD, table 2 to paragraphs (g)(2), (g)(3), and (i) of this AD,
or table 3 to paragraphs (g)(2), (g)(3), and (i) of this AD; replace
each repaired MLG wheel axle with a serviceable MLG wheel axle, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A330-32-3282, Revision 03, dated October 24, 2017; or
Airbus Service Bulletin A340-32-4311, Revision 03, dated October 24,
2017; as applicable. Regardless of the applicable post-repair life
limits as specified in table 1 to paragraphs (g)(2), (g)(3), and (i)
of this AD, table 2 to paragraphs (g)(2), (g)(3), and (i) of this
AD, or table 3 to paragraphs (g)(2), (g)(3), and (i) of this AD, the
life limits as specified in Airbus A330/A340 Airworthiness
Limitation Section (ALS) Part 1 cannot be exceeded.

(j) Parts Installation Limitation

    As of the effective date of this AD, any affected MLG wheel axle
repaired by MRO 1, MRO 2, or MRO 3 may be installed on an airplane,
provided the MLG wheel axle is a serviceable part as defined in
paragraph (g)(2) of this AD.

(k) Terminating Action for AD 2013-08-03

    Accomplishing the inspection and replacement required by
paragraphs (h) and (i) of this AD terminates all requirements of AD
2013-08-03.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (m)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus SAS's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.
    (3) Required for Compliance (RC): 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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0150, dated July 16, 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-2018-0807.
    (2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
phone and fax:<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; phone: +33 5 61 93 36 96; fax:
+33 5 61 93 45 80; email: [email 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 April 8, 2019.
Michael J. Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-07386 Filed 4-12-19; 8:45 am]
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