[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)]
[Rules and Regulations]
[Pages 41444-41447]
[FR Doc No: 2016-15050]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0276; FRL-9948-19-Region 5]

Determination of Attainment by the Attainment Date; 2008 Ozone
National Ambient Air Quality Standards; Cleveland, Ohio and St. Louis,
Missouri-Illinois Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is making a
determination, under the Clean Air Act (CAA), that the Cleveland, Ohio
(OH) and St. Louis, Missouri-Illinois (MO-IL) areas attained the 2008
ozone National Ambient Air Quality Standards (NAAQS), by the applicable
attainment date of July 20, 2016. This determination for each area is
based on complete, quality-assured and certified ozone monitoring data
for 2013-2015.

DATES: This direct final rule will be effective August 26, 2016, unless
EPA receives adverse comments by July 27, 2016. If adverse comments are
received by EPA for an affected area, EPA will publish a timely
withdrawal of the direct final rule for that area in the Federal
Register informing the public that the rule will not take effect there.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0276 at http://www.regulations.gov or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) 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). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    Deborah Bredehoft, Air Planning and Development Branch,
Environmental Protection Agency, Region 7, 11201 Renner Blvd., Lenexa,
Kansas 66219,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. Background
II. How does EPA determine whether an area has attained the 2008
ozone standard?
III. What action is EPA taking and what is the rationale?
IV. Statutory and Executive Order Reviews

I. Background

    On April 30, 2012, the Cleveland, OH and St. Louis, MO-IL areas
were designated as nonattainment for the 2008 ozone NAAQS and were
classified as marginal, effective July 20, 2012 (77 FR 30088, May 21,
2012). On March 6, 2015 (80 FR 12264), in the final 2008 ozone NAAQS
SIP requirements rule, EPA established an attainment deadline for
marginal areas of July 20, 2015.
    The CAA section 181(b)(2) requires the EPA to determine, based on
an area's ozone design value \1\ as of the

area's attainment deadline, whether the area has attained the ozone
standard by that date. The statute provides a mechanism by which states
that meet certain criteria may request and be granted by the EPA
Administrator a 1-year extension of an area's attainment deadline.
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    \1\ An area's ozone design value for the 8-hour ozone NAAQS is
the highest 3-year average of the annual fourth-highest daily
maximum 8-hour average concentrations of all monitors in the area.
To determine whether an area has attained the ozone NAAQS prior to
the attainment date, EPA considers the monitor-specific ozone design
values in the area for the most recent three years with complete,
quality-assured, and certified ozone monitoring data prior to the
attainment deadline (or for an earlier 3-year period if the area
attains the ozone standard ahead of the attainment deadline).
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    On May 4, 2016 (81 FR 26697), based on EPA's evaluation and
determination that the areas met the attainment date extension criteria
of CAA section 181(8)(5), EPA granted the Cleveland and St. Louis areas
a 1-year extension of the marginal area attainment date to July 20,
2016.

II. How does EPA determine whether an area has attained the 2008 ozone
standard?

    Under EPA regulations at 40 CFR part 50, appendix P, the 2008 ozone
NAAQS is attained at a site when the 3-year average of the annual
fourth highest daily maximum 8-hour average ambient air quality ozone
concentration is less than or equal to 0.075 parts per million (ppm).
This 3-year average is referred to as the design value. When the design
value is less than or equal to 0.075 ppm at each ambient air quality
monitoring site within the area, then the area is deemed to be meeting
the NAAQS. The rounding convention under 40 CFR part 50, appendix P,
dictates that concentrations shall be reported in ppm to the third
decimal place, with additional digits to the right being truncated.
Thus, a computed 3-year average ozone concentration of 0.076 ppm is
greater than 0.075 ppm and, therefore, over the standard.
    EPA's determination of attainment is based upon data that have been
collected and quality-assured in accordance with 40 CFR part 58 and
recorded in the EPA's Air Quality System database (formerly known as
the Aerometric Information Retrieval System). Ambient air quality
monitoring data for the 3-year period must meet a data completeness
requirement. The ambient air quality monitoring data completeness
requirement is met when the average percent of required monitoring days
with valid ambient monitoring data is greater than 90 percent, and no
single year has less than 75 percent data completeness as determined
according to appendix P of part 50.

III. What action is EPA taking and what is the rationale?

    EPA is taking this action pursuant to the agency's statutory
obligation under CAA section 181(b)(2) to determine whether the
Cleveland and St. Louis nonattainment areas have attained the 2008
ozone NAAQS by the applicable attainment date of July 20, 2016. In this
action, EPA is making a determination that the Cleveland and St. Louis
areas attained the 2008 ozone NAAQS by the applicable deadline of July
20, 2016, based upon complete, quality-assured and certified ozone
monitoring data for 2013-2015.\2\
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    \2\ These determinations of attainment do not constitute a
redesignation to attainment. Redesignations require states to meet a
number of additional criteria, including EPA approval of a state
plan to maintain the air quality standard for 10 years after
redesignation.
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    EPA evaluated data from air quality monitors in the Cleveland and
St. Louis areas in order to determine the areas' attainment status as
of the applicable attainment date of July 20, 2016. The data were
supplied and quality-assured by state and local agencies responsible
for monitoring ozone air monitoring networks. Table 1 displays the
2013-2015 design value for each monitor as well as the fourth high
daily maximum 8-hour ozone concentration for each of the three years
used to calculate the design value.

                              Table 1--Annual 4th High Daily Maximum 8-Hour Ozone Concentration and Design Value by Monitor
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                                                                                2013-2015
                Area                         County                    Monitor            2013  4th high  2014  4th high  2015  4th high   design value
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St. Louis, MO-IL...................  Madison, IL...........  Alton 171190008............           0.072           0.072           0.069           0.071
                                                             Maryville 171190009........           0.075           0.070           0.064           0.069
                                                             Wood River 171193007.......           0.069           0.070           0.069           0.069
                                                             5403 State Road 160                   0.071           0.068           0.067           0.068
                                                              171199991.
                                     Saint Clair, IL.......  East Saint Louis 171630010.           0.066           0.067           0.066           0.066
                                     Jefferson, MO.........  Arnold 290990019...........           0.069           0.072           0.069           0.070
                                     Saint Charles, MO.....  West Alton 291831002.......           0.071           0.072           0.070           0.071
                                                             Orchard Farm 291831004.....           0.071           0.072           0.066           0.069
                                     Saint Louis, MO.......  Pacific 291890005..........           0.067           0.065           0.065           0.065
                                                             Maryland Heights 291890014.           0.070           0.072           0.069           0.070
                                     St. Louis City, MO....  St. Louis 295100085........           0.066           0.066           0.063           0.065
Cleveland, OH......................  Ashtabula.............  Conneaut 390071001.........           0.070           0.069           0.070           0.069
                                     Cuyahoga..............  891 E. 152 St. 390350034...           0.069           0.071           0.067           0.069
                                                             E. 14th & Orange 390350060.           0.057           0.066           0.063           0.062
                                                             Berea 390350064............           0.064           0.059           0.066           0.063
                                                             Mayfield 390355002.........           0.065           0.061           0.072           0.066
                                     Geauga................  13000 Auburn 390550004.....           0.065           0.065           0.073           0.067
                                     Lake..................  Eastlake 390850003.........           0.070           0.075           0.074           0.073
                                                             Painesville 390850007......           0.068           0.062           0.070           0.066
                                     Lorain................  Sheffield 390930018........           0.060           0.067           0.062           0.063
                                     Medina................  Ballash Road 391030004.....           0.065           0.064           0.063           0.064
                                     Portage...............  1570 Ravenna Rd. 391331001.           0.058           0.061           0.064           0.061
                                     Summit................  Akron 391530020............           0.060           0.058           0.065           0.061
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    All monitoring sites in the Cleveland and St. Louis areas had
design values less than 0.075 ppm based on the 2013-2015 monitoring
period. Thus, EPA is determining, in accordance with section
181(b)(2)(A) of the CAA and the provisions of the SIP Requirements Rule
(40 CFR 51.1103), that these areas attained the standard by the
applicable attainment date of July 20, 2016. EPA's determination is
based upon three years of complete, quality-assured and certified data.
    We are publishing this action without prior proposal because we
view this as

a noncontroversial amendment and anticipate no adverse comments.
However, in the proposed rules section of this Federal Register
publication, we are publishing a separate document that will serve as
the proposal to approve each determination if relevant adverse written
comments are filed. This rule will be effective August 26, 2016 without
further notice unless we receive relevant adverse written comments by
July 27, 2016. If we receive such comments, we will withdraw this
action, for any affected area, before the effective date by publishing
a subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that, if EPA receives adverse comment on
an amendment, paragraph, or section of this rule and if that provision
may be severed from the remainder of the rule, EPA may adopt as final
those provisions of the rule that are not the subject of an adverse
comment. If we do not receive any comments, this action will be
effective August 26, 2016.

IV. Statutory and Executive Order Reviews

    Under section 181(b)(2) of the CAA, a determination of attainment
is a factual determination based upon air quality considerations. These
determinations of attainment would, if finalized, result in the
suspension of certain Federal requirements. For that reason, this
action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications because it
will not have a substantial direct effect on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. Determinations of attainment do not have
tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because a determination of attainment is an action
that affects the status of a geographical area and does not impose any
new regulatory requirements on tribes, impact any existing sources of
air pollution on tribal lands, nor impair the maintenance of ozone
national ambient air quality standards in tribal lands.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 26, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications, Incorporation
by reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: June 15, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
    Dated: June 3, 2016.
Mark Hague,
Regional Administrator, Region 7.

    Part 52, chapter I, title 40 of Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

0
2. Section 52.726 is amended by adding paragraph (qq) to read as
follows:

Sec.  52.726  Control strategy: Ozone.

* * * * *
    (qq) Determination of attainment. As required by section
181(b)(2)(A) of the Clean Air Act, EPA has determined that the St.
Louis, MO-IL marginal 2008 ozone nonattainment area has attained the
NAAQS by the applicable attainment date of July 20, 2016.
0
3. Section 52.1342 is amended by adding paragraph (d) to read as
follows:

Sec.  52.1342  Control strategy: Ozone.

* * * * *
    (d) Determination of attainment. As required by section
181(b)(2)(A) of the Clean Air Act, EPA has determined that the St.
Louis, MO-IL marginal 2008 ozone nonattainment area has attained

the NAAQS by the applicable attainment date of July 20, 2016.

0
4. Section 52.1885 is amended by adding paragraph (oo) to read as
follows:

Sec.  52.1885  Control strategy: Ozone.

* * * * *
    (oo) Determination of attainment. As required by section
181(b)(2)(A) of the Clean Air Act, EPA has determined that the
Cleveland, OH marginal 2008 ozone nonattainment area has attained the
NAAQS by the applicable attainment date of July 20, 2016.

0
5. Section 52.1892 is amended by adding paragraph (g) to read as
follows:

Sec.  52.1892  Determination of attainment.

* * * * *
    (g) As required by section 181(b)(2)(A) of the Clean Air Act, EPA
has determined that the Cleveland, OH marginal 2008 ozone nonattainment
area has attained the NAAQS by the applicable attainment date of July
20, 2016. This determination is based on complete, quality-assured and
certified data for the 3-year period 2013-2015.

[FR Doc. 2016-15050 Filed 6-24-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Rules and Regulations]
[Pages 22180-22182]
[FR Doc No: 2013-08445]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0196; Directorate Identifier 2013-NE-03-AD;
Amendment 39-17376; AD 2013-05-04]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce plc Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Rolls-Royce plc (RR) RB211-Trent 970-84, RB211-Trent 970B-84, RB211-
Trent 972-84, RB211-Trent 972B-84, RB211-Trent 977-84, RB211-Trent
977B-84, and RB211-Trent 980-84 turbofan engines. This AD requires
inspection of the intermediate pressure compressor rear stub shaft (IPC
RSS) piston ring. This AD was prompted by the failure of an oil pump
drive shear neck due to a piston ring seal that was not seated properly
in the IPC RSS groove. We are issuing this AD to prevent failure of the
oil pump drive shear neck, which could result in loss of oil pressure
in one or more engines and reduced control of the airplane.

DATES: This AD becomes effective April 30, 2013.
    We must receive comments on this AD by May 30, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of April 30,
2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: U.S. Department of Transportation, 1200 New Jersey
Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC
20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

     Fax:<PHONE_NUMBER>.
    For service information identified in this AD, contact Rolls-Royce
plc, Corporate Communications, P.O. Box 31, Derby, England, DE248BJ;
phone: 011-44-1332-242424; fax: 011-44-1332-245418, or email: http://www.rolls-royce.com/contact/civil_team.jsp. You may view this service
information at the FAA, Engine & Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Frederick Zink, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2012-0273, dated December 21, 2012, a Mandatory
Continuing Airworthiness Information (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    During take-off of an A380 on a customer acceptance flight, a
low oil pressure warning message was observed by the flight crew.
The take-off was aborted and the aircraft returned to the gate
without further incident. Initial post-flight inspection of the
engine revealed that the oil pump drive shear neck had failed. Upon
further inspection of the engine, pieces of debris were found in the
oil pump Internal Gear Box (IGB) rear scavenge screen and smaller
pieces of profiled debris were found on the Electrical Magnetic Chip
Detector (EMCD). From the material recovered, the origin was found
to be the piston ring seal, which fits in the groove of the
Intermediate Pressure Compressor Rear Stub Shaft (IPC RSS). This
piston ring was introduced as part of Rolls-Royce Mod.72-G585 which
incorporated a modified 52-spline IP Turbine Shaft, IPC RSS and
coupling assembly. Therefore, only engines incorporating Mod.72-G585
are affected.
    This condition, if not detected and corrected, could lead to
loss of oil pressure on one or more of the engines, possibly
resulting in reduced control of the aeroplane.

    The failure to properly seat the piston ring seal in the groove of
the IPC RSS occurs during assembly of the shaft. This could cause the
movement of the ring out of the groove and resulting forces during
operation may cause fracture of the ring. You may obtain further
information by examining the MCAI in the AD docket.

Relevant Service Information

    RR has issued Repeater Technical Variance 129978, Issue 1, dated
December 19, 2012 and Issue 2, dated December 20, 2012; Repeater
Technical Variance 129940, Issue 1, dated December 20, 2012; and
Repeater Technical Variance 129994, Issue 1, dated December 19, 2012.
The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the United Kingdom and is
approved for operation in the United States. Pursuant to our bilateral
agreement with the European Community, EASA has notified us of the
unsafe condition described in the MCAI and service information
referenced above. We are issuing this AD because we evaluated all
information provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design. This AD requires inspection of the IPC RSS piston ring.

Differences Between the AD and the MCAI or Service Information

    This AD requires compliance for all engines within 50 cycles of the
effective date of this AD. The MCAI requires a staggered compliance
interval based on the number of affected engines on the airplane. Our
AD uses a more conservative compliance time because there are no
engines installed on aircraft of U.S. registry that will be affected.

FAA's Determination of the Effective Date

    No domestic operators use this product. Therefore, we find that
notice and opportunity for prior public comment are unnecessary and
that good cause exists for making this amendment effective in less than
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2013-0196; Directorate
Identifier 2013-NE-03-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this AD. Using the search function of the
Web site, anyone can find and read the comments in any of our dockets,
including, if provided, the name of the individual who sent the comment
(or signed the comment on behalf of an association, business, labor
union, etc.). You may review the DOT's complete Privacy Act Statement
in the Federal Register published on April 11, 2000 (65 FR 19477-78).

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 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 this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2013-05-04 Rolls-Royce plc: Amendment 39-17376; Docket No. FAA-2013-
0196; Directorate Identifier 2013-NE-03-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 30,
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce plc (RR) RB211-Trent 970-84,
RB211-Trent 970B-84, RB211-Trent 972-84, RB211-Trent 972B-84, RB211-
Trent 977-84, RB211-Trent 977B-84, and RB211-Trent 980-84 turbofan
engines that incorporate RR production Modification 72-G585 or
modified in-service through RR Service Bulletin (SB) 72-G585, any
revision, with a Module 33 installed having a serial number (S/N)
prior to HC0320, except S/Ns HC0277, HC0281, HC0294, HC0301, HC0309,
HC0313, HC0315, and HC0318.

(d) Reason

    This AD was prompted by the failure of an oil pump drive shear
neck due to a piston ring seal that was not seated properly in the
intermediate pressure compressor rear stub shaft (IPC RSS) groove.
We are issuing this AD to prevent failure of the oil pump drive
shear neck, which could result in loss of oil pressure in one or
more engines and reduced control of the airplane.

(e) Actions and Compliance

    Unless already done, do the following.
    (1) Within 50 engine flight cycles after the effective date of
this AD, inspect the IPC RSS piston ring in accordance with the
instructions of paragraph (d)(2) of RR Repeater Technical Variance
129978, Issue 2, dated December 20, 2012.
    (2) For an engine that is not in service on the effective date
of this AD, before returning the engine to service, inspect the IPC
RSS piston ring on-wing in accordance with paragraph (d)(2) of RR
Repeater Technical Variance 129978, Issue 2, dated December 20,
2012; or in shop using paragraph (d) of RR Repeater Technical
Variance 129994, Issue 1, dated December 19, 2012.
    (3) If, during the inspections required by paragraph (e) of this
AD, you find that the piston ring seal is not seated properly in the
IPC RSS groove or is not intact, replace the piston ring seal or
piston ring assembly before returning the engine to service.

(f) Credit for Previous Actions

    If you performed the inspection in paragraph (e) of this AD
before the effective date of this AD in accordance with RR Repeater
Technical Variance 129978, Issue 1, dated December 19, 2012; RR
Repeater Technical Variance 129940, Issue 1, dated December 20,
2012, or Airbus QSR RR/L/EN/12-0005, as applicable, you have met the
inspection requirement of this AD.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, may approve AMOCs for
this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(h) Related Information

    (1) For more information about this AD, contact Frederick Zink,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency AD 2012-0273,
dated December 21, 2012, for related information.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) RR Repeater Technical Variance 129994, Issue 1, dated
December 19, 2012.
    (ii) RR Repeater Technical Variance 129978, Issue 2, dated
December 20, 2012.
    (3) For service information identified in this AD, contact
Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby,
England, DE248BJ; phone: 011-44-1332-242424; fax: 011-44-1332-
245418, or email: http://www.rolls-royce.com/contact/civil_team.jsp.
    (4) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on March 1, 2013.
Robert J. Ganley,
Acting Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2013-08445 Filed 4-12-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 73 (Friday, April 15, 2022)]
[Rules and Regulations]
[Pages 22438-22441]
[FR Doc No: 2022-08213]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0389; Project Identifier MCAI-2022-00291-T;
Amendment 39-22003; AD 2022-07-15]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A318, A319, A320, and A321 series airplanes. This AD
was prompted by the detection of several channel failures on a newly
developed braking and steering control unit (BSCU). This AD requires
replacing affected BSCUs and revising the operator's existing FAA-
approved minimum equipment list (MEL), as specified in a European Union
Aviation Safety Agency (EASA) AD, which is incorporated by reference.
This AD also limits the installation of affected parts. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective May 2, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 2, 2022.
    The FAA must receive comments on this AD by May 31, 2022.

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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For EASA material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. For Airbus SAS material IBR 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 https://www.airbus.com. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0389.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0389; 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 AD, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-0389; Project Identifier MCAI-
2022-00291-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Dan
Rodina, Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected]. Any commentary that
the FAA receives which is not specifically designated as CBI will be
placed in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0032, dated March 3, 2022 (EASA
AD 2022-0032) (also referred to as the MCAI), to correct an unsafe
condition for all Airbus SAS Model A318-111, -112, -121, and -122
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes; Model A320-211, -212, -214, -215, -
216, -231, -232, -233, -251N, -252N, -253N, -271N, -272N, and -273N
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, -
232, -251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes. Model

A320-215 airplanes are not certificated by the FAA and are not included
on the U.S. type certificate data sheet; this AD therefore does not
include those airplanes in the applicability.
    This AD was prompted by the detection of several BSCU channel
failures on a newly developed BSCU, having part number (P/N) E21327307.
In the case of a loss of a single channel, the remaining channel will
control aircraft braking. However, in case of dual channel failures, a
loss of anti-skid function together with the reversion to the alternate
braking mode, and the loss of nose wheel steering on these airplanes,
could be induced. The FAA is issuing this AD to address this condition,
which, if not corrected, could lead to loss of braking performance with
significant increase in airplane stopping distance, possibly resulting
in runway excursion. See the MCAI for additional background
information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0032 specifies procedures for replacing BSCUs with P/N
E21327307, on which a fault signature is triggered. EASA AD 2022-0032
also specifies procedures for implementing the instructions of master
minimum equipment list (MMEL) updates on the basis of which the
operator's existing MEL must be amended--that is, procedures for
revising the operator's existing FAA-approved MEL with the provisions
in the MMEL updates specified in the EASA AD. EASA AD 2022-0032 also
limits the installation of affected parts.
    Airbus Alert Operators Transmission A32N025-22, Rev 00, dated
February 24, 2022, including Appendixes 1 through 4, dated February 21,
2022, defines BSCU fault signatures that may be triggered on the
airplane, and specifies procedures for replacing affected parts among
other actions.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI described above. The FAA is issuing this AD after determining
that the unsafe condition described previously is likely to exist or
develop on other products of these same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2022-0032 described previously, except for any differences identified
as exceptions in the regulatory text of this AD.
    EASA AD 2022-0032 requires operators to ``inform all flight crews''
of revisions to the MMEL, and thereafter to ``operate the aeroplane
accordingly.'' However, this AD does not specifically require those
actions as they are already required by FAA regulations. FAA
regulations (14 CFR 121.628(a)(2)) require operators to provide pilots
with access to all of the information contained in the operator's
existing MEL. Furthermore, 14 CFR 121.628 (a)(5) requires airplanes to
be operated under all applicable conditions and limitations contained
in the operator's existing MEL. Therefore, including a requirement in
this AD to operate the airplane according to the revised MEL would be
redundant and unnecessary. Further, compliance with such a requirement
in an AD would be impracticable to demonstrate or track on an ongoing
basis; therefore, a requirement to operate the airplane in such a
manner would be unenforceable.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2022-0032 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2022-0032 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Using common terms that are the same as
the heading of a particular section in EASA AD 2022-0032 does not mean
that operators need comply only with that section. For example, where
the AD requirement refers to ``all required actions and compliance
times,'' compliance with this AD requirement is not limited to the
section titled ``Required Action(s) and Compliance Time(s)'' in EASA AD
2022-0032. Service information required by EASA AD 2022-0032 for
compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0389 after this AD is
published.

Interim Action

    The FAA considers this AD interim action. If final action is later
identified, the FAA might consider further rulemaking then.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because dual BSCU channel failures can induce loss of anti-skid
function together with the reversion to the alternate braking mode, and
the loss of nose wheel steering, and lead to loss of braking
performance with significant increase in airplane stopping distance,
possibly resulting in runway excursion. Accordingly, notice and
opportunity for prior public comment are impracticable and contrary to
the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 1,500 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
            Labor cost                Parts cost           Cost per product           Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Up to 4.5 work-hours x $85 per                  $0  Up to $382.50................  Up to $573,750.
 hour = $382.50.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the replacement parts specified in this AD.
    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2022-07-15 Airbus SAS: Amendment 39-22003; Docket No. FAA-2022-0389;
Project Identifier MCAI-2022-00291-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 2, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus SAS airplanes, certificated in any
category, identified in paragraphs (c)(1) through (4) of this AD.
    (1) All Model A318-111, -112, -121, and -122 airplanes.
    (2) All Model A319-111, -112, -113, -114, -115, -131, -132, -
133, -151N, -153N, and -171N airplanes.
    (3) All Model A320-211, -212, -214, -216, -231, -232, -233, -
251N, -252N, -253N, -271N, -272N, and -273N airplanes.
    (4) All Model A321-111, -112, -131, -211, -212, -213, -231, -
232, -251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -
272N, and -272NX airplanes.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by the detection of several channel
failures on a newly developed braking and steering control unit
(BSCU), inducing, in case of dual channel failures, loss of anti-
skid function together with the reversion to the alternate braking
mode, and the loss of nose wheel steering. The FAA is issuing this
AD to address this condition, which could lead to loss of braking
performance with significant increase in airplane stopping distance,
possibly resulting in runway excursion.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0032, dated March 3, 2022 (EASA AD 2022-0032).

(h) Exceptions to EASA AD 2022-0032

    (1) Where EASA AD 2022-0032 defines ``the AOT'' as ``Airbus
Alert Operators Transmission (AOT) A32N025-22 [undated],'' this AD
requires using Airbus Alert Operators Transmission A32N025-22, Rev
00, dated February 24, 2022, including Appendixes 1 through 4, dated
February 21, 2022.
    (2) Where paragraph (1) of EASA AD 2022-0032 specifies
replacement of affected parts, replace the affected part in
accordance with the ``Remove and replace BSCU P/N E21327307'' step
in paragraph 5.6., ``Instructions,'' of Airbus Alert Operators
Transmission A32N025-22, Rev 00, dated February 24, 2022, including
Appendixes 1 through 4, dated February 21, 2022. No other actions in
Airbus Alert Operators Transmission A32N025-22, Rev 00, dated
February 24, 2022, including Appendixes 1 through 4, dated February
21, 2022, are required for compliance for the replacement.
    (3) Where EASA AD 2022-0032 refers to its effective date, this
AD requires using the effective date of this AD.
    (4) Where paragraph (2) of EASA AD 2022-0032 requires operators
to ``implement the instructions of the MMEL [master minimum
equipment list] update,'' this AD requires revising the operator's
existing FAA-approved minimum equipment list (MEL) with the
provisions specified in ``The MMEL update'' as identified in EASA AD
2022-0032.
    (5) Where paragraph (2) of EASA AD 2022-0032 specifies to
``inform all flight crews, and, thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations.
    (6) The ``Remarks'' section of EASA AD 2022-0032 does not apply
to this AD.

(i) No Reporting Requirement

    Although Airbus Alert Operators Transmission A32N025-22, Rev 00,
dated February 24, 2022, including Appendixes 1 through 4, dated
February 21, 2022, specifies to report certain information and send
affected parts to the manufacturer, this AD does not include those
actions.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.

(k) Related Information

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

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0032,
dated March 3, 2022.
    (ii) Airbus Alert Operators Transmission A32N025-22, Rev 00,
dated February 24, 2022, including Appendixes 1 through 4, dated
February 21, 2022.
    (3) For EASA AD 2022-0032, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu. For Airbus
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 https://www.airbus.com.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 29, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-08213 Filed 4-13-22; 11:15 am]
BILLING CODE 4910-13-P


[Federal Register: October 19, 2009 (Volume 74, Number 200)]
[Notices]
[Page 53534-53535]
[DOCID:fr19oc09-100]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60812; File No. SR-NYSE-2009-102]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC
Amending NYSE Rule 14 To Be Consistent With the New System Capability
To Receive Orders for Execution on the Exchange Containing Settlement
Instructions of ``Cash,'' ``Next Day'' and ``Seller's Option'' Directly
to a Floor Broker's Hand-Held Device

October 9, 2009.

    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on October 1, 2009, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend NYSE Rule 14 (``Non-Regular Way
Settlement Instructions for Orders'') to be consistent with the new
system capability to receive orders for execution on the Exchange
containing settlement instructions of ``cash,'' ``next day'' and
``seller's option'' directly to a Floor broker's hand-held device. The
text of the proposed rule change is available at the Exchange, the
Commission's Public Reference Room, and http://www.nyse.com.

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

    In its filing with the Commission, the self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend NYSE Rule 14 (``Non-Regular Way
Settlement Instructions for Orders'') to be consistent with its new
system capability to receive orders containing settlement instructions
of ``cash,'' ``next day'' and ``seller's option'' (collectively
referred to herein as ``non-regular way settlement'' \4\) directly to a
Floor broker's hand-held device.\5\
---------------------------------------------------------------------------

    \4\ Orders indicating cash settlement instructions require
delivery of the securities on the same day as the trade date. Next
day settlement instructions require delivery of the securities on
the first business day following the trade date. Orders that have
settlement instructions of seller's option afford the seller the
right to deliver the security or bond at any time within a specified
period, ranging from not less than two business days to not more
than sixty days for securities and not less than two business days
and no more than sixty days for U.S. government securities.
    Odd-lot orders containing non-regular way settlement
instructions are not permitted.
    \5\ The Exchange notes that parallel changes are proposed to be
made to the rules of the NYSE Amex LLC. See SR-NYSE Amex-2009-68.
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    Currently, Designated Market Maker units do not have order handling
responsibility for orders containing non-regular way settlement
instructions. Moreover, Exchange systems that route orders to the
Display Book do not accept orders containing non-regular way
instructions. Routing orders directly to a Floor broker booth location
via the Broker Booth Support System (``BBSS'') for representation on
the Floor is the only acceptable way for orders with non-regular way
settlement instructions to be transmitted to the Exchange.
    Pursuant to NYSE Rule 14 customers that seek to execute orders
containing non-regular way settlement instructions must directly
transmit those orders via BBSS directly to a Floor broker for
representation in the trading crowd because at the time the Exchange
established this capability, BBSS was the only Exchange system capable
of accepting such orders. As a result customers are currently
prohibited from transmitting orders containing non-regular settlement
instructions directly to a Floor broker's hand-held device.
    The Exchange has currently enhanced its systems to enable hand-held
devices to receive and process orders containing non-regular way
settlement instructions.\6\ As such, through this filing the Exchange
seeks to provide its customers that seek to execute orders containing
non-regular way settlement instructions with an additional systemic
option for transmitting such orders to a Floor broker for
representation on the Floor. The Exchange therefore proposes to amend
NYSE Rule 14(a)(ii) to remove the words ``booth system'' and permit
customers to transmit orders containing non-regular way settlement
instructions to a Floor broker via either BBSS or a Floor broker's
hand-held device.
---------------------------------------------------------------------------

    \6\ Orders sent directly to the hand-held device, including
those containing non-regular way settlement instructions, are
systemically transmitted to the ``Front End Systemic Capture''
(``FESC'') consistent with the requirements of NYSE Rule 123, which
requires floor brokers to enter the details of an order, including
any modification or cancellation, into a system which electronically
timestamps the time of entry prior to representing or executing that
order on the Floor.
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    The Exchange believes that the instant proposal better facilitates
the needs of its customers to submit orders containing instructions for
non-regular way settlement and maintains effective representation of
such customer orders in the Exchange's current market.
    The Exchange will commence installation of the new technology in
Floor broker hand-held devices on or about October 5, 2009, with
expected completion no later than October 30, 2009.
2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (the ``Act'')
[sic] for this proposed rule change is the requirement under Section
6(b)(5) \7\ that an exchange have rules that are designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system and, in general, to protect investors and the public interest.
The instant filing accomplishes these goals by providing its customers
with an additional method to enter orders containing non-regular way
settlement instructions, without changing the ability of such orders to
be represented at the point of sale in the Exchange's auction market.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition 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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The proposed rule change is filed pursuant to paragraph (A) of
Section 19(b)(3) \8\ and Rule 19b-4(f)(5).\9\ This proposed rule change
effects a change in an existing order entry or trading system of a
self-regulatory organization that: (A) Does not significantly affect
the protection of investors or the public interest; (B) does not impose
any significant burden on competition, and (C) does not have the effect
of limiting the access to or availability of the system. The Exchange
believes that the instant proposal is consistent with these provisions
in that the enhancements to Exchange systems allow Floor broker hand-
held devices to receive and process orders containing non-regular way
instruction and do not change the operation of the rule in any other
way.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(5).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2009-102 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 Number SR-NYSE-2009-102. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the 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 inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-NYSE-2009-102 and should be
submitted on or before November 9, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-25113 Filed 10-16-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Notices]
[Page 73477]
[FR Doc No: 2020-25436]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP21-205-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement--
BP--11/10/2020 to be effective 11/10/2020.
    Filed Date: 11/9/20.
    Accession Number: 20201109-5070.
    Comments Due: 5 p.m. ET 11/23/20.

    Docket Numbers: RP21-206-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Compliance filing Annual Operational Flow Order Report
2020.
    Filed Date: 11/10/20.
    Accession Number: 20201110-5045.
    Comments Due: 5 p.m. ET 11/23/20.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 12, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-25436 Filed 11-17-20; 8:45 am]
BILLING CODE 6717-01-P