[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Pages 12827-12828]
[FR Doc No: 2013-04171]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0017; Notice 1]

Fuji Heavy Industries U.S.A., Inc., Receipt of Petition for
Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of Petition.

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SUMMARY: Fuji Heavy Industries U.S.A., Inc., on behalf of Subaru of
America (Fuji),\1\ has determined that certain 2013 Subaru XV Crosstrek
Multipurpose Passenger Vehicles manufactured between May 17, 2012, and
February 7, 2013, do not fully comply with paragraphs S6.1 and S6.2 of
Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing
Materials. Fuji has filed an appropriate report dated January 29, 2013,
pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility
and Reports.
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    \1\ Fuji North America, Inc., is a manufacturer of motor
vehicles and is registered under the laws of the state of New
Jersey.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Fuji submitted a petition for an exemption from
the notification and remedy requirements of 49 U.S.C. Chapter 301 on
the basis that this noncompliance is inconsequential to motor vehicle
safety.
    This notice of receipt of Fuji's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    Vehicles Involved: Affected are approximately 23,600 model year
2013 Subaru XV Crosstrek passenger vehicles

manufactured between May 17, 2012, and February 7, 2013.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, these provisions
only apply to the subject 23,600 \2\ model year 2013 Subaru XV
Crosstrek multipurpose passenger vehicles that Fuji no longer
controlled at the time it determined that the noncompliance existed.
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    \2\ Fuji's petition, which was filed under 49 CFR Part 556,
requests an agency decision to exempt Fuji as a motor vehicle
manufacturer from the notification and recall responsibilities of 49
CFR Part 573 for the 23,600 affected vehicles. However, a decision
on this petition will not relieve vehicle distributors and dealers
of the prohibitions on the sale, offer for sale, introduction or
delivery for introduction into interstate commerce of the
noncompliant vehicles under their control after Fuji notified them
that the subject noncompliance existed.
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    Noncompliance: Fuji explains that the noncompliance is that, due to
a labeling error, the glazing markings on the rear window of the
subject vehicles lack the symbol ``DOT'', the manufacturer's code mark
(i.e. 44), and the AS3 code mark and thus do not conform to the
requirements of 49 CFR 571.205 paragraphs S6.1 and S6.2.
    Rule Text: Paragraphs S6.1 and S6.2 of FMVSS No. 205 requires in
pertinent part:

    S6.1 A prime glazing material manufacturer must certify, in
accordance with 49 U.S.C. 30115, each piece of glazing material to
which this standard applies that is designed--
    (a) As a component of any specific motor vehicle or camper; or
    (b) To be cut into components for use in motor vehicles or items
of motor vehicle equipment.
    S6.2 A prime glazing manufacturer certifies its glazing by
adding to the marks required by section 7 of ANSI Z26.1-1996, in
letters and numerals of the same size, the symbol ``DOT'' and a
manufacturer's code mark that NHTSA assigns to the manufacturer.

Summary of Fuji's Analysis and Arguments

    Fuji explains that while the noncompliant vehicle's rear window
glazing lack the following markings: The symbol ``DOT'', the
manufacturer's code mark (i.e. 44) and the AS3 code mark; on the
glazing of the rear window as required by FMVSS No. 205, the rear
glazing of the affected vehicles otherwise meet or exceed all other
marking and performance requirements as required by FMVSS No. 205 and
ANSI Z26.1-1996.
    Fuji has additionally informed NHTSA that it has corrected future
production and that all other glazing labeling information is correct.
    Fuji also expressed its belief that NHTSA has previously granted
similar petitions involving the omission of FMVSS No. 205 markings.
    In summation, Fuji believes that the described noncompliance of its
vehicles is inconsequential to motor vehicle safety, and that its
petition, to exempt it from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120 should be granted.
    Comments: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and be
submitted by any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal holidays.
    c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
    Comment Closing Date: March 27, 2013.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.95 and 501.8.

    Issued on: February 15, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-04171 Filed 2-22-13; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 77, Number 148 (Wednesday, August 1, 2012)]
[Proposed Rules]
[Pages 45515-45517]
[FR Doc No: 2012-18616]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0728; Directorate Identifier 2012-NM-050-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model MD-90-30 airplanes. This proposed AD
was prompted by reports of fatigue cracks found in Stringer 11 at the
outboard flap, inboard drive hinge at Station Xrs=164.000. This
proposed AD would require repetitive inspections for cracks in Stringer
11, and a splice repair if necessary; and repetitive post-repair
inspections, and repair if necessary. We are proposing this AD to
detect and correct such cracking, which could result in the wing
structure not supporting the limit load condition, which could lead to
loss of the structural integrity of the wing.

DATES: We must receive comments on this proposed AD by September 17,
2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations,

M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Roger Durbin, Airframe Branch, ANM-
120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960
Paramount Boulevard, Lakewood, California 90712-4137; phone: (562) 627-
5233; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
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-2012-0728;
Directorate Identifier 2012-NM-050-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We received reports of fatigue cracks found in Stringer 11 at the
outboard flap, inboard drive hinge at Station Xrs=164.000 on Model MD-
80 airplanes. Model MD-90 airplanes share the same structure design as
the MD-80, and are also susceptible to cracking. The cracking occurred
at the end fastener of the wing bulkhead clip attachment to the
stringer. If undetected, a crack in the stringer may grow until the
stringer severs, initiating a crack in the wing lower skin. This
condition, if not corrected, could result in the wing structure not
supporting the limit load condition, which could lead to loss of the
structural integrity of the wing.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin MD90-57A030, dated
February 14, 2012. The service information describes procedures for
repetitive in-tank eddy current high frequency (ETHF) inspections for
cracks in Stringer 11 at the outboard flap, inboard drive hinge at
Station Xrs=164.000 on the left and right wings, and a splice repair if
necessary; and repetitive post-repair inspections, and repair if
necessary.

FAA's Determination

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

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously, except as discussed
under ``Differences Between the Proposed AD and the Service
Information.

Differences Between the Proposed AD and the Service Information

    The service bulletin specifies to contact the manufacturer for
instructions on how to repair certain conditions, but this proposed AD
would require repairing those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD affects 52 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost         Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.......................  13 work-hours x $85   None.........  $1,105 per           $57,460 per
                                    per hour = $1,105                    inspection cycle.    inspection cycle.
                                    per inspection
                                    cycle.
Post-repair inspection...........  13 work-hours x $85   None.........  $1,105.............  $57,460.
                                    per hour = $1,105.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Splice repair per wing.....................  93 work-hours x $85 per hour =              $28,126         $36,031
                                              $7,905.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions of the post-repair
inspection specified in this proposed AD.

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 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

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new
airworthiness directive (AD):

The Boeing Company: Docket No. FAA-2012-0728; Directorate Identifier
2012-NM-050-AD.

(a) Comments Due Date

    We must receive comments by September 17, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model MD-90-30 airplanes,
certificated in any category, as identified in Boeing Alert Service
Bulletin MD90-57A030, dated February 14, 2012.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of fatigue cracks found in
Stringer 11 at the outboard flap, inboard drive hinge at Station
Xrs=164.000. We are issuing this AD to detect and correct such
cracking, which could result in the wing structure not supporting
the limit load condition, which could lead to loss of the structural
integrity of the wing.

(f) Compliance

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

(g) Repetitive Inspections

    Before the accumulation of 14,000 total flight cycles, or within
9,470 flight cycles after the effective date of this AD: Whichever
occurs later, do an in-tank eddy current high frequency (ETHF)
inspection for cracks in Stringer 11 at the outboard flap, inboard
drive hinge at Station Xrs=164.000 of the left and right wings, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin MD90-57A030, dated February 14, 2012. If no
cracking is found, repeat the inspection thereafter at intervals not
to exceed 31,000 flight cycles.

(h) Splice Repair

    If any cracking is found during the inspection required by
paragraph (g) of this AD: Before further flight, do a splice repair,
in accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin MD90-57A030, dated February 14, 2012.

(i) Post-Repair Inspection

    Within 42,000 flight cycles after doing the splice repair
specified in paragraph (h) of this AD: Do an ETHF inspection for
cracks in Stringer 11 at the outboard flap, inboard drive hinge at
Station Xrs=164.000, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin MD90-57A030, dated
February 14, 2012. Repeat the inspection thereafter at intervals not
to exceed 31,000 flight cycles. If any crack is found: Before
further flight, repair the crack using a method approved in
accordance with the procedures specified in paragraph (j) of this
AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by The
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Los Angeles ACO to
make those findings. For a repair method to be approved, the repair
must meet the certification basis of the airplane, and 14 CFR
25.571, Amendment 54, and the approval must specifically refer to
this AD.

(k) Related Information

    (1) For more information about this AD, contact Roger Durbin,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Boulevard, Lakewood, California 90712-
4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>;
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.

    Issued in Renton, Washington, on July 23, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-18616 Filed 7-31-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Notices]
[Pages 34486-34487]
[FR Doc No: 2015-14919]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Sunshine Act Meetings; Unified Carrier Registration Plan Board of
Directors

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of Unified Carrier Registration Plan Board of Directors
Meeting.

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    Time and Date: The meeting will be held on July 9, 2015, from 12:00
Noon to 3:00 p.m., Eastern Daylight Time.
    Place: This meeting will be open to the public via conference call.
Any interested person may call 1-877-422-1931, passcode<PHONE_NUMBER>, to
listen and participate in this meeting.
    Status: Open to the public.
    Matters To Be Considered: The Unified Carrier Registration Plan
Board of Directors (the Board) will continue its work in developing and
implementing the Unified Carrier Registration Plan

and Agreement and to that end, may consider matters properly before the
Board.

FOR FURTHER INFORMATION CONTACT: Mr. Avelino Gutierrez, Chair, Unified
Carrier Registration Board of Directors at<PHONE_NUMBER>.

    Issued on: June 9, 2015.
Larry W. Minor,
Associate Administrator, Office of Policy, Federal Motor Carrier Safety
Administration.
[FR Doc. 2015-14919 Filed 6-12-15; 4:15 pm]
 BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 50 (Wednesday, March 17, 2021)]
[Rules and Regulations]
[Pages 14531-14533]
[FR Doc No: 2021-05511]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0309; Project Identifier 2018-SW-014-AD; Amendment
39-21456; AD 2021-05-13]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Leonardo S.p.a. (Leonardo) Model AW189 helicopters. This AD was
prompted by two reported failures of the tail plane installation
forward bolts (bolts). This AD requires inspecting the bolts and
depending on the results of those inspections, removing certain parts
from service or installing a tail plane retromod. This AD also requires
torqueing certain part-numbered nuts, inspecting bolts and nuts for
wear, and depending on the results of those inspections, removing parts
from service. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective April 21, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 21,
2021.

ADDRESSES: For service information identified in this final rule,
contact Leonardo S.p.a. Helicopters, Emanuele Bufano, Head of
Airworthiness, Viale G. Agusta 520, 21017 C. Costa di Samarate (Va)
Italy; telephone +39-0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home. You may view this service information
at the FAA, Office of the Regional

Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort
Worth, TX 76177. 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 https://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0309; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Scott Franke, Aviation Safety
Engineer, General Aviation & Rotorcraft Section, International
Validation Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (now European Union Aviation
Safety Agency) (EASA), which is the Technical Agent for the Member
States of the European Union, has issued EASA Emergency AD 2018-0047-E,
dated February 28, 2018 (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Leonardo S.p.A. (formerly Finmeccanica S.p.A., AgustaWestland
S.p.A.) Model AW189 helicopters. You may examine the MCAI in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2018-0309.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Leonardo Model
AW189 helicopters. The NPRM published in the Federal Register on
December 15, 2020 (85 FR 81160). The NPRM was prompted by two reported
failures of the bolts. The NPRM proposed to require inspecting the
bolts and depending on the results of those inspections, removing
certain parts from service or installing a tail plane retromod. The
NPRM also proposed to require torqueing certain part-numbered nuts,
inspecting bolts and nuts for wear, and depending on the results of
those inspections, removing parts from service.
    The FAA is issuing this AD to address the failure of a bolt. This
condition could result in reduced control of the helicopter. See the
MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The FAA has determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Leonardo Helicopters Emergency Alert Service
Bulletin No. 189-177, Revision A, dated February 28, 2018, which
contains procedures for inspecting each bolt and installing the tail
plane retromod. This service information also contains procedures for
repetitively verifying the torque of the associated nut part number (P/
N) MS17825-7 (nut).
    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.

Other Related Service Information

    Leonardo Helicopters Service Bulletin No. 189-130, dated January
30, 2017, contains additional information about the subject of this AD.

Differences Between This AD and the MCAI

    The EASA AD requires repetitive torque checks at progressively
increasing intervals, while this AD requires the repetitive torque
check at intervals not to exceed 50 hours time-in-service (TIS). Since
there is not enough field data at this time to substantiate
progressively increasing the time between inspections up to 400 hours
TIS, the FAA has determined an interval of 50 hours TIS is necessary.
The FAA may take further rulemaking action to increase this interval
should more data become available.

Interim Action

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

Costs of Compliance

    The FAA estimates that this AD affects 4 helicopters of U.S.
Registry. The FAA estimates that operators may incur the following
costs in order to comply with this AD. Labor costs are estimated at $85
per work-hour.
    Inspecting the bolts before each flight takes about 0.25 work-hour,
for an estimated cost of $21 per helicopter and $84 for the U.S. fleet
per inspection cycle.
    If required, installing a tail plane retromod would take about 12
work-hours and parts would cost about $5,500, for an estimated cost of
$6,520 per helicopter.
    Inspecting and verifying the torque of the bolts and nuts takes
about 1 work-hour, for an estimated cost of $85 per helicopter and $340
for the U.S. fleet per inspection cycle.
    If required, replacing a bolt and nut would take about 1 work-hour
and parts would cost about $250, for an estimated cost of $335 per
replacement.
    According to Leonardo's service information, some 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 by
Leonardo. Accordingly, the FAA has included all costs in its 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,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2021-05-13 Leonardo S.p.a: Amendment 39-21456; Docket No. FAA-2018-
0309; Project Identifier 2018-SW-014-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective April 21, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AW189 helicopters,
certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 5510, Tail
Stabilizer.

(e) Unsafe Condition

    This AD was prompted by two reported failures of the tail plane
installation forward bolts (bolts). The FAA is issuing this AD to
address the failure of a bolt. This condition could result in
reduced control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) For helicopters without a tail plane installation retromod
part number (P/N) 8G5510P00511 (tail plane retromod) installed,
before further flight and thereafter before each flight, inspect
each forward attachment bolt (bolt) P/N 8G5510A06251 and
8G5510A05951 for a missing bolt head, breakage, and correct
installation as depicted in Figure 12 of Leonardo Helicopters
Emergency Alert Service Bulletin No. 189-177, Revision A, dated
February 28, 2018 (EASB 189-177). If there is a missing bolt head, a
broken bolt, or an incorrectly installed bolt, before further
flight, remove the bolt from service and install the tail plane
retromod by following the Accomplishment Instructions, Part II,
paragraphs 3.1 through 3.33 of EASB 189-177, except you are not
required to discard parts and where EASB 189-177 specifies
contacting Leonardo PSE for corrective action, the action must be
accomplished using a method approved by the Manager, International
Validations Branch, FAA. The Manager's approval letter must
specifically refer to this AD.
    (2) For helicopters with a tail plane retromod installed in
accordance with Leonardo Helicopters Service Bulletin No. 189-130,
dated January 30, 2017, and for helicopters with serial number
49046, 49053, 89008, 89009, 92007, or 92008, within 10 hours time-
in-service (TIS) after the effective date of this AD, loosen and
then torque each nut P/N MS17825-7 (nut) to 15 to 20 Nm (11 to 14.75
ft-lbs), and install a cotter pin and lockwire each nut on the
adjustable rod assembly P/N 4F5510A00232, as depicted in Figure 7,
Detail N Step 6.5 and Figure 9, Detail P Step 7.9 of EASB 189-177.
    (3) Within 10 hours TIS after installing a tail plane retromod,
within 10 hours TIS after complying with paragraph (g)(2) of this
AD, or within 10 hours TIS after the effective date of this AD,
whichever occurs later, and thereafter at intervals not to exceed 50
hours TIS, do the following:
    (i) Determine the torque of each nut.
    (ii) If the torque is less than 15 Nm (11 ft-lbs) or more than
20 Nm (14.75 ft-lbs), before further flight, remove the bolt and nut
and inspect for wear. If there is any wear on the bolt or nut,
before further flight, remove the bolt and nut from service.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (i)(2) of
this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

 (i) Related Information

    (1) The subject of this AD is addressed in European Aviation
Safety Agency (now European Union Aviation Safety Agency) (EASA)
Emergency AD 2018-0047-E, dated February 28, 2018. This EASA AD may
be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2018-0309.
    (2) For more information about this AD, contact Scott Franke,
Aviation Safety Engineer, General Aviation & Rotorcraft Section,
International Validation Branch, FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (3) Leonardo Helicopters Service Bulletin No. 189-130, dated
January 30, 2017, which is not incorporated by reference, contains
additional information about the subject of this AD.
    (4) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (j)(3) and (4) of this AD.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Leonardo Helicopters Emergency Alert Service Bulletin No.
189-177, Revision A, dated February 28, 2018.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Leonardo S.p.a. Helicopters, Emanuele Bufano, Head of Airworthiness,
Viale G. Agusta 520, 21017 C. Costa di Samarate (Va) Italy;
telephone +39-0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. 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_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 24, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-05511 Filed 3-16-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Rules and Regulations]
[Pages 36234-36236]
[FR Doc No: 2015-15431]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 385

[Docket No. RM15-5-000; Order No. 811]

Revised Exhibit Submission Requirements for Commission Hearings

AGENCY:  Federal Energy Regulatory Commission, DOE.

ACTION:  Final rule.

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SUMMARY:  In this Final Rule, the Federal Energy Regulatory Commission
(Commission) is amending Rule 508 of the Commission's Rules of Practice
and Procedure to eliminate the requirement that participants in
Commission trial-type evidentiary hearings must provide paper copies of
all exhibits introduced as evidence. The Final Rule will facilitate a
shift toward electronic hearing procedures which should improve the
efficiency and administrative convenience of the Commission hearing
process, reduce the burden and expense associated with paper exhibits,
and facilitate the compilation and transmittal of the hearing record to
the Commission in electronic format.

DATES:  This rule will become effective July 24, 2015.

FOR FURTHER INFORMATION CONTACT: Karin Herzfeld, Office of the General
Counsel, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426, Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Order No. 811

Final Rule

Table of Contents

                                                               Paragraph
                                                                 Nos.

I. Background...............................................          2.
II. Discussion..............................................          4.
III. Information Collection Statement.......................          7.
IV. Environmental Analysis..................................          8.
V. Regulatory Flexibility Act...............................          9.
VI. Document Availability...................................         11.
VII. Effective Date and Congressional Notification..........         14.

    1. In this Final Rule, the Federal Energy Regulatory Commission
(Commission) is amending Rule 508 of the Commission's Rules of Practice
and Procedure \1\ to eliminate the requirement that participants in
Commission trial-type evidentiary hearings must provide paper copies of
all exhibits introduced as evidence. The Commission is amending section
385.508 of the Commission's regulations by removing paragraph (a)(2)
and redesignating paragraph (a)(3) as paragraph (a)(2). While still
retaining the option to provide exhibits in paper form, the Final Rule
will facilitate a shift toward electronic hearing procedures which
should improve the efficiency and administrative convenience of the
Commission hearing process, reduce the burden and expense associated
with paper exhibits, and facilitate the compilation and transmittal of
the hearing record to the Commission in electronic format.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.508.
---------------------------------------------------------------------------

I. Background

    2. The Federal government has set a goal to substitute electronic
means of communication and information storage for paper. For example,
the Government Paperwork Elimination Act directed agencies to provide
for the optional use and acceptance of electronic documents and
signatures, and electronic record-keeping, where practical.\2\
Similarly, the Office of Management and Budget (OMB) Circular A-130
required agencies to use electronic information collection techniques,
where such means will reduce the burden on the public, increase
efficiency, reduce costs, and help provide better service.
---------------------------------------------------------------------------

    \2\ 44 U.S.C. 3504.
---------------------------------------------------------------------------

    3. On September 21, 2000, the Commission issued Order No. 619,
which implemented the use of the Internet for submission of certain
documents to the Commission for filing.\3\ The eFiling system plays an
important role in the Commission's efforts to comply with the
Government Paperwork Elimination Act's requirement that agencies
provide the option to submit information electronically, when
practicable, as a substitute for paper.\4\ Filing via the Internet is
optional for eligible documents.\5\ Since issuing Order No. 619, the
Commission has greatly expanded its ability to accept electronically
filed material, including interventions, protests, rehearings,
complaints, and applications for certificates and licenses.\6\ In 2008,
the Commission further implemented a system for electronic tariff
filing.\7\ Consistent with these prior efforts to provide electronic
filing options, on March 19, 2015, the Commission issued a Notice of
Proposed Rulemaking proposing to eliminate the requirement that all
exhibits introduced at Commission hearings must be provided in paper
form. In response to the NOPR, the Commission received comments from
the New York Transmission Owners,\8\ stating that they support the
Commission's proposed elimination of the requirement to provide paper
copies of exhibits introduced during evidentiary hearings, and that
they agree with the Commission that this would improve the efficiency
and administrative convenience of the Commission hearing process as
well as reduce the substantial burden and expense associated with
providing paper copies of exhibits.
---------------------------------------------------------------------------

    \3\ Electronic Filing of Documents, Order No. 619, 65 FR 57088
(Sept. 21, 2000), FERC Stats. & Regs. ] 31,107 (2000).
    \4\ 44 U.S.C. 3504.
    \5\ 18 CFR 385.2001(a).
    \6\ See Electronic Registration, Order No. 891, 67 FR 52,406
(Aug. 12, 2002), FERC Stats. & Regs. ] 31,132 (2002); Electronic
Filing of FERC Form 1, and Elimination of Certain Designated
Schedules in Form Nos. 1 and 1F, Order No. 626, 67 FR 36,093 (May
23, 2002), FERC Stats. & Regs. ] 31,130 (2002); Electronic Service
of Documents, 66 FR 50,591 (Oct. 4, 2001), FERC Stats. & Regs. ]
35,539 (2001); Revised Public Utility Filing Requirements, Order No.
2001, 67 FR 31,043 (May 8, 2002), FERC Stats. & Regs. ] 31,127
(2002); Filing Via the Internet, Order No. 703, 72 FR 65,659 (Nov.
23, 2007), FERC Stats. & Regs. ] 31,259 (2007).
    \7\ Electronic Tariff Filings, Order No. 714, FERC Stats. &
Regs. ] 31,276 (2008).
    \8\ The New York Transmission Owners consist of Central Hudson
Gas & Electric Corporation, Consolidated Edison Company of New York,
Inc., New York Power Authority, New York State Electric & Gas
Corporation, Niagara Mohawk Power Corporation d/b/a National Grid,
Orange and Rockland Utilities, Inc., Power Supply Long Island, and
Rochester Gas and Electric Corporation.
---------------------------------------------------------------------------

II. Discussion

    4. Section 385.508 of the Commission's regulations currently
requires that ``[a]ny participant who seeks to have an exhibit admitted
into evidence must provide one copy of the exhibit to the presiding
officer and two copies to the reporter, not later than the time that
the exhibit is marked for identification.'' \9\ Under current practice,
the court reporter assigns Exhibit Numbers to the paper copies and
provides the paper copies to the Commission's Docket Branch to be
scanned into the Commission's eLibrary system. Copies of all exhibits
and motions that are not pre-filed must also be provided to all
participants at the hearing.\10\
---------------------------------------------------------------------------

    \9\ 18 CFR 385.508(2).
    \10\ 18 CFR 385.510(d).
---------------------------------------------------------------------------

    5. The administrative law judges recently adopted a revised
practice for handling exhibits and creating the Exhibit List that
removes the need for providing paper copies at the hearing. Under this
policy, within seven days of the end of the hearing, participants must
file (via eFiling) a ``Joint Exhibit List'' and each sponsoring party
must file (via eFiling) the ``Official Copies'' of each exhibit that
was offered into evidence and admitted or rejected.\11\ Thus, it is no
longer necessary or efficient to require all participants to provide
the presiding judge and court reporter with paper copies of each
exhibit introduced at the hearing.
---------------------------------------------------------------------------

    \11\ See Notice to the Public, Procedures for Handling Exhibits
and Developing the Electronic Hearing Record (issued December 12,
2014), http://www.ferc.gov/media/headlines/2014/2014-4/12-12-14-notice.pdf.
    All electronically-filed exhibits must comply with eFiling file
format requirements. See Filing Via the Internet, Order No. 703,
FERC Stats. & Regs. ] 31,259 at P 33.
    For exhibits that have not previously been provided to the
participants, such exhibits must still be provided to the
participants at the hearing. See 18 CFR 385.510(d).
---------------------------------------------------------------------------

    6. In this Final Rule, the Commission is therefore eliminating the
requirement that participants provide one paper copy of each exhibit to
the presiding officer and two paper copies to the court reporter.\12\
This Final Rule represents a continuation of the Commission's efforts
to implement the goal of substituting electronic means of communication
and information storage for paper means. The Final Rule should save
resources because participants will no longer be required to make
multiple paper copies of all exhibits that they intend to submit into
evidence. The Final Rule also will facilitate the presiding judge's
compilation and transmittal of the hearing record to the Commission in
electronic format.
---------------------------------------------------------------------------

    \12\ Most participants file pre-filed testimony and exhibits
electronically via the eFiling system before the hearing. The
presiding judge in each case will continue to determine how
participants exchange exhibits brought to the hearing. See 18 CFR
385.504(b)(1), (4).
---------------------------------------------------------------------------

III. Information Collection Statement

    7. Certain collections of information are subject to review by the
Office of Management and Budget (OMB) under section 3507(d) of the
Paperwork Reduction Act of 1995 (PRA).\13\ OMB's regulations require
OMB to approve certain information collection requirements imposed by
agency rule.\14\ This Final Rule does not contain any information
collection requirements, as defined under section 3502(3) of the

PRA, and compliance with the OMB regulations is thus not required.
---------------------------------------------------------------------------

    \13\ 44 U.S.C. 3507(d).
    \14\ 5 CFR 1320.12.
---------------------------------------------------------------------------

IV. Environmental Analysis

    8. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\15\ This
action has been categorically excluded under section 380.4(a)(2)(ii),
addressing procedural rules.\16\
---------------------------------------------------------------------------

    \15\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs. Preambles 1986-1990 ] 30,783 (1987).
    \16\ 18 CFR 380.4(a)(2)(ii).
---------------------------------------------------------------------------

V. Regulatory Flexibility Act

    9. The Regulatory Flexibility Act of 1980 (RFA) \17\ generally
requires a description and analysis of rules that will have a
significant economic impact on a substantial number of small entities.
This Final Rule concerns procedural matters and is expected to reduce
the burden and expense associated with paper exhibits and improve the
efficiency and administrative convenience of the Commission hearing
process.
---------------------------------------------------------------------------

    \17\ 5 U.S.C. 601-12.
---------------------------------------------------------------------------

    10. Accordingly, the Commission certifies that this Final Rule will
not have a significant economic impact on a substantial number of small
entities. An analysis under the RFA is not required.

VI. Document Availability

    11. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (http://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
    12. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
    13. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's Online
Support at<PHONE_NUMBER> (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
VII. Effective Date and Congressional Notification

    14. This Final Rule is effective July 24, 2015. The Commission has
determined, with the concurrence of the Administrator of the Office of
Information and Regulatory Affairs of OMB, that this rule is not a
``major rule'' as defined in section 351 of the Small Business
Regulatory Enforcement Fairness Act of 1996.\18\ This Final Rule is
being submitted to the Senate, House, and Government Accountability
Office.
---------------------------------------------------------------------------

    \18\ 5 U.S.C. 804(2).
---------------------------------------------------------------------------

List of Subjects in 18 CFR Part 385

    Exhibits.

    By the Commission.
    Issued: June 18, 2015.
Kimberly D. Bose,
Secretary.

    In consideration of the foregoing, the Commission amends Part 385,
Chapter I, Title 18, Code of Federal Regulations, as follows.

PART 385--RULES OF PRACTICE AND PROCEDURE

0
1. The authority citation for Part 385 continues to read as follows:

    Authority:  5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16
U.S.C. 792-828c, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701; 42
U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App.
U.S.C. 1-85 (1988).

0
2. Section 385.508 is amended by revising paragraph (a) to read as
follows:

Sec.  385.508  Exhibits (Rule 508).

    (a) General rules. (1) Except as provided in paragraphs (b) through
(e) of this section, any material offered in evidence, other than oral
testimony, must be offered in the form of an exhibit.
    (2) The presiding officer will cause each exhibit offered by a
participant to be marked for identification.
* * * * *
[FR Doc. 2015-15431 Filed 6-23-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: December 1, 2010 (Volume 75, Number 230)]
[Proposed Rules]
[Page 74668-74670]
[DOCID:fr01de10-25]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1156; Directorate Identifier 2010-NM-128-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 777-200, -
200LR, -300, and -300ER Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Model 777-200, -200LR, -300, and -300ER series airplanes. This
proposed AD would require repetitive detailed inspections for
disbonding and tearing and measurements for wear of the internal
diameter (ID) of the Karon-lined bushings of the bulkhead support
jackscrew fitting and of the jackscrew fitting of the horizontal
stabilizer; repetitive installations of the horizontal stabilizer trim
actuator (HSTA); and if necessary, replacement of the bushings with new
bushings and all applicable related investigative and corrective
actions. This proposed AD results from a report indicating that a
Karon-lined bushing with the liner broken into five pieces was found
during a scheduled inspection of the HSTA components; the broken liner
had worn and disbonded from the bushing. We are proposing this AD to
detect and correct discrepancies of the HSTA attachment locations,
which could result in reduced structural integrity of the horizontal
stabilizer and consequent loss of controllability of the airplane.

DATES: We must receive comments on this proposed AD by January 18,
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Duong Tran, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6452; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-1156;
Directorate Identifier 2010-NM-128-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We received a report indicating that a Karon-lined bushing with the
liner broken into five pieces was found during a scheduled inspection
of the horizontal stabilizer trim actuator (HSTA) components; the
broken liner had worn and disbonded from the bushing. The broken liner
was found on a 777-200 airplane that had accumulated 35,145 total
flight hours and 5,335 total flight cycles. Analysis by the
manufacturer revealed that the broken liner was one of 149 bushings on
which an early manufacturing process was used; that process has since
been improved. Further investigation and analysis by the manufacturer
shows that Karon-lined bushings in the HSTA and HSTA attachment
locations on the airplane structure using both the early and the
improved process are susceptible to wear in service. The analysis also
shows that the wear may cause excessive joint clearance which could
lead to fatigue cracking of the pins. This condition, if not corrected,
could result in reduced structural integrity of the horizontal
stabilizer and consequent loss of controllability of the airplane.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 777-55A0017, dated
May 20, 2010, which describes procedures for:
     Repetitive detailed inspections for disbonding and tearing
and measurements for wear of the internal diameter (ID) of the Karon-
lined bushings of the bulkhead support jackscrew fitting; and
replacement of the bushings with new bushings if necessary: The
replacement includes related investigative and corrective actions, if
necessary. The related investigative actions include a surface high-
frequency eddy current inspection for cracking of the inner surface of
the hole, and measurement of the ID, of the intermediate sleeve. The
corrective action for cracking of the intermediate sleeve or
measurements outside the ID specified in the service bulletin is
replacement of the intermediate sleeve, including related investigative
and corrective actions if necessary. The related investigative actions
include a surface high-frequency eddy current inspection for cracking
of the inner surface of the hole, and measurement of the ID of the hole
of the bulkhead support jackscrew fitting. The corrective action for
cracking of the bulkhead support jackscrew fitting or measurements
outside the ID specified in the service bulletin is contacting Boeing.
     Repetitive detailed inspections for disbonding and tearing
and measurements for wear of the internal diameter (ID) of the Karon-
lined bushings of the jackscrew fitting of the horizontal stabilizer;
and replacement of the bushings with new bushings if necessary.
     Repetitively installing either a known serviceable or
overhauled HSTA.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
This proposed AD would require accomplishing the actions specified in
the service information described previously, except as discussed under
``Difference Between the Proposed AD and Service Information.''

Difference Between the Proposed AD and Service Information

    The service bulletin specifies to contact the manufacturer for
instructions on how to repair certain conditions, but this proposed AD
would require repairing those conditions in one of the following ways:
     Using a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by an Authorized Representative
for the Boeing Commercial Airplanes Organization Designation
Authorization whom we have authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD would affect 145 airplanes of
U.S. registry. We also estimate that it would take about 7 work-hours
per product to comply with the detailed inspection, measurement, and
installation in this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of this
proposed AD to the U.S. operators to be $86,275, or $595 per product.

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 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), 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.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2010-1156; Directorate Identifier
2010-NM-128-AD.

Comments Due Date

    (a) We must receive comments by January 18, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 777-200, -200LR,
-300, and -300ER series airplanes, certificated in any category, as
identified in Boeing Alert Service Bulletin 777-55A0017, dated May
20, 2010.

Subject

    (d) Air Transport Association (ATA) of America Code 55:
Stabilizers.

Unsafe Condition

    (e) This AD results from a report indicating that a Karon-lined
bushing with the liner broken into five pieces was found during a
scheduled inspection of the horizontal stabilizer trim actuator
(HSTA) components; the broken liner had worn and disbonded from the
bushing. The Federal Aviation Administration is issuing this AD to
detect and correct discrepancies of the HSTA attachment locations,
which could result in reduced structural integrity of the horizontal
stabilizer and consequent loss of controllability of the airplane.

Compliance

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

Inspection/Related Investigative and Corrective Actions

    (g) Before the accumulation of 32,000 total flight cycles, or
within 24 months after the effective date of this AD, whichever
occurs later: Do a detailed inspection for disbonding and tearing,
and a measurement for wear of the internal diameter (ID) of the
Karon-lined bushings of the bulkhead support jackscrew fitting and
of the jackscrew fitting of the horizontal stabilizer; replace
bushings with new bushings, as applicable; do all applicable related
investigative and corrective actions; and install either a known
serviceable or overhauled HSTA. Do the actions in accordance with
the Accomplishment Instructions of Boeing Alert Service Bulletin
777-55A0017, dated May 20, 2010, except as provided by paragraph (h)
of this AD. Do all applicable related investigative and corrective
actions before further flight. Repeat the actions required by this
paragraph thereafter at intervals not to exceed 16,000 flight
cycles.

Exceptions to Corrective Actions

    (h) If, during any inspection or measurement required by this
AD, any damage is found, or the inner diameter is greater than the
allowable hole diameter, and Part 1, Step 3.B.2.a.(1)(a)1)a) of the
Accomplishment Instructions of Boeing Alert Service Bulletin 777-
55A0017, dated May 20, 2010, specifies to contact Boeing for
appropriate action: Before further flight, do the repair using a
method approved in accordance with the procedures specified in
paragraph (i) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Duong Tran, Aerospace Engineer, Airframe Branch, ANM-120S,
FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Or information
may be e-mailed to<EMAIL_ADDRESS>    (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 principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane and the approval must
specifically refer to this AD.

    Issued in Renton, Washington, on November 15, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-30138 Filed 11-30-10; 8:45 am]
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[Federal Register Volume 76, Number 225 (Tuesday, November 22, 2011)]
[Notices]
[Page 72197]
[FR Doc No: 2011-30124]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2246-058]

Yuba County Water Agency; Notice of Panel Meeting and Technical
Conference Details

    On October 20, 2011, the National Oceanic and Atmospheric
Administration's, National Marine Fisheries Service (NMFS), filed a
Notice to initiate a formal study dispute resolution process, pursuant
to 18 CFR 5.14, in the relicensing proceeding for the Yuba County Water
Agency's (YCWA) Yuba River Hydroelectric Project No. 2246. NMFS
disputed the treatment of several of its study requests, filed on March
7, 2011, in the Commission's study plan determination, issued on
September 30, 2011. NMFS specifically identified study requests one
through six and study request eight as the disputed components of its,
March 7, 2011 filing. In its study requests one through six NMFS
requested studies of the effects of project and related activities on:
(1) Fish passage for anadromous fish; (2) hydrology for anadromous
fish; (3) water temperatures for anadromous fish migration, holding,
spawning, and rearing needs; (4) coarse substrate for anadromous fish:
Sediment supply, transport, and storage; (5) large wood and riparian
habitat for anadromous fish; and (6) loss of marine-derived nutrients
in the Yuba River, respectively. In study request eight, NMFS requested
a study of, ``anadromous fish ecosystem effects analysis: Synthesis of
direct, indirect, and cumulative effects of the project and related
facilities on anadromous fish. On November 7, 2011, the dispute
resolution panel convened. On November 9, 2011, the Commission issued a
Notice of Dispute Resolution Process Schedule, Panel Meeting, and
Technical Conference. The technical conference date is repeated below
with additional logistical details.
    The purpose of the technical conference is for the disputing
agency, the applicant, and the Commission to provide the panel with
additional information necessary to evaluate the disputed studies. All
local, state, and federal agencies, Indian tribes, and other interested
parties are invited to attend the meeting as observers. The panel may
also request information or clarification on written submissions as
necessary to understand the matters in dispute. The panel will limit
all input that it receives to the specific studies or information in
dispute and will focus on the applicability of such studies or
information to the study criteria stipulated in 18 CFR 5.9(b). If the
number of participants wishing to speak creates time constraints, the
panel may, at its discretion, limit the speaking time for each
participant.

Technical Conference

    Date: Wednesday, November 30, 2011.
    Time: 9 a.m.-5 p.m.
    Place: Holiday Inn, Sacramento--Capitol Plaza, 300 J Street,
Sacramento, CA 95814,<PHONE_NUMBER>.
    For more information, please contact Stephen Bowler, the dispute
panel chair, at<EMAIL_ADDRESS>or<PHONE_NUMBER>.

    Dated: November 16, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-30124 Filed 11-21-11; 8:45 am]
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[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Notices]
[Pages 25027-25029]
[FR Doc No: 2017-11143]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80754; File No. SR-CHX-2017-10]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Modify Certain Appendix B Web Site Publication Requirements Pursuant
to the Regulation NMS Plan To Implement a Tick Size Pilot Program

May 24, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on May 15, 2017, the Chicago Stock Exchange, Inc. (``CHX'' 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 Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CHX proposes to amend Article 20, Rule 13(b) of the Rules of the
Exchange (``CHX Rules'') to modify certain Appendix B Web site data
publication requirements pursuant to the Regulation NMS Plan to
Implement a Tick Size Pilot Program (``Plan'').
    The text of this proposed rule change is available on the
Exchange's Web site at (www.chx.com) and in the Commission's Public
Reference Room.

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

    In its filing with the Commission, the CHX included statements
concerning the purpose of and basis for the proposed rule changes and
discussed any comments it received on the proposed rule change. The
text of these

statements may be examined at the places specified in Item IV below.
The CHX has prepared summaries, set forth in sections A, B and C below,
of the most significant aspects of such statements.

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

1. Purpose
    Article 20, Rule 13(b) (Compliance with Data Collection
Requirements) \3\ implements the data collection and Web site
publication requirements of the Plan.\4\ Article 20, Rule 13(b)(2)(A)
requires, among other things, that a CHX Participant \5\ that operates
a Trading Center subject to the Plan and for which the Exchange is the
designated examining authority (``DEA'') shall collect and transmit to
the Exchange data described under Items I and II of Appendix B of the
Plan. Subparagraph (v) under Article 20, Rule 13(b)(2)(A) provides,
among other things, that the Exchange shall publish such Appendix B.I.
and B.II. data on the CHX Web site within 120 calendar days following
month end at no charge and shall not identify the Trading Center that
generated the data. Paragraph .08 of the Interpretations and Policies
under Article 20, Rule 13(b) provides, among other things, that the
requirement that the Exchange make certain data publicly available on
the Exchange or DEA's Web site pursuant to Appendix B and C to the Plan
shall commence at the beginning of the Pilot Period,\6\ and that the
Exchange shall make Appendix C.I data available to the Financial
Industry Regulatory Authority (``FINRA'') for aggregation and
publication on the FINRA Web site pursuant to FINRA Rules and the
Exchange will publish Appendix B data on the Exchange Web site, which
shall commence on August 31, 2017.\7\
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    \3\ See Securities Exchange Act Release No. 79538 (December 13,
2016), 81 FR 91979 (December 19, 2016) (SR-CHX-2016-21); see also
Securities Exchange Act Release No. 77469 (March 29, 2016), 81 FR
19275 (April 4, 2016) (SR-CHX-2016-03).
    \4\ The Plan Participants filed the Plan to comply with an order
issued by the Commission on June 24, 2014. See Letter from Brendon
J. Weiss, Vice President, Intercontinental Exchange, Inc., to
Secretary, Commission, dated August 25, 2014 (``SRO Tick Size Plan
Proposal''). See Securities Exchange Act Release No 72460 (June 24,
2014), 79 FR 36840 (June 30, 2014); see also Securities Exchange Act
Release No. 74892 (May 6, 2015), 80 FR 27513 (May 13, 2015).
    \5\ A ``Participant'' is a ``member'' of the Exchange for
purposes of the Act. See CHX Article 1, Rule 1(s). For clarity, the
Exchange proposes to utilize the term ``CHX Participant'' when
referring to members of the Exchange and the term ``Plan
Participant'' when referring to Participants of the Plan.
    \6\ Unless otherwise defined herein, capitalized terms have the
meaning ascribed to them in CHX Article 20, Rule 13.
    \7\ On November 30, 2016, the SEC granted exemptive relief to
the Plan Participants to, among other things, delay the publication
of Web site data pursuant to Appendices B and C to the Plan until
February 28, 2017, and to delay the ongoing Web site publication by
ninety days such that data would be published within 120 calendar
days following the end of the month. See Letter from David S.
Shillman, Associate Director, Division of Trading and Markets,
Commission, to Marcia E. Asquith, Senior Vice President and
Corporate Secretary, FINRA, dated November 30, 2016; see also SR-
CHX-2016-21, supra note 3. The Exchange filed a proposed rule change
for immediate effectiveness that, among other things, delayed the
date by which Pre-Pilot and Pilot Appendix B data is to be made
publicly available on the Exchange's Web site from February 28,
2017, until April 28, 2017. See Securities Exchange Act Release No.
80227 (March 13, 2017), 82 FR 14263 (March 17, 2017) (SR-CHX-2017-
05). The Exchange recently filed a proposed rule change for
immediate effectiveness that delayed the date by which Pre-Pilot and
Pilot Appendix B data is to be made publicly available on the
Exchange's Web site from April 28, 2017, until August 31, 2017. See
Securities Exchange Act Release No. 80647 (May 10, 2017) (SR-CHX-
2017-07). The SEC granted exemptive relief to the Plan Participants
to delay the publication of their Appendix B data until August 31,
2017. See Letter from David S. Shillman, Associate Director,
Division of Trading and Markets, Commission, to Jennifer Piorko
Mitchell, Vice President and Deputy Corporate Secretary, FINRA,
dated April 28, 2017.
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    The Exchange is proposing to amend certain provisions under Article
20, Rule 13(b) to comport to recent amendments to FINRA Rule 6191 \8\
that were adopted to mitigate confidentiality concerns previously
raised by commenters \9\ regarding the publication of data related to
over-the-counter (``OTC'') activity. Given that the Exchange is the DEA
for a relatively small number of OTC Trading Centers, publishing their
data, whether on an aggregated or a disaggregated basis, raises
concerns that the identities of these Trading Centers could be
determined. In order to address these concerns, pursuant to paragraph
.15 of the Supplementary Materials of FINRA Rule 6191, FINRA will
incorporate the firms for which the Exchange is the DEA into the
anonymous, grouped masked methodology and publish OTC-wide statistics
for Appendix B.I, B.II. and B.IV. data on the FINRA Web site.\10\ The
Exchange will publish Appendix B data with respect to any Trading
Center operated by the Exchange on the Exchange Web site. Thus, the
Exchange proposes to amend the CHX Rules as follows:
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    \8\ See Securities Exchange Act Release No. 80551 (April 28,
2017), 82 FR 20948 (May 4, 2017) (``Approval Order''); see also
Securities Exchange Act Release No. 80193 (March 9, 2017), 82 FR
13901 (March 15, 2017) (SR-FINRA-2017-006); see also infra note 10.
    \9\ See Letter from William Hebert, Managing Director, Financial
Information Forum (``FIF''), to Robert W. Errett, Deputy Secretary,
Commission, dated December 21, 2016 (``FIF letter''); see also
Letter from Adam C. Cooper, Senior Managing Director and Chief Legal
Officer, Citadel Securities, to Brent J. Fields, Secretary,
Commission, dated December 21, 2016 (``Citadel letter''); see also
SR-CHX-2016-21, supra note 3.
    \10\ On April 28, 2017, the SEC granted exemptive relief to
FINRA and CHX to permit the publication of Appendix B data related
to OTC trading activity on an aggregated basis using the anonymous,
grouped masking methodology adopted by FINRA. See Letter from David
S. Shillman, Associate Director, Division of Trading and Markets,
Commission, to Marcia E. Asquith, Executive Vice President Board and
External Relations, FINRA, dated April 28, 2017; see also Approval
Order, supra note 8.
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     Amend Article 20, Rule 13(b)(2)(A)(v) to modify the Web
site publication requirement to provide that the Exchange shall make
the Appendix B.I. and B.II. data collected pursuant to current Article
20, Rule 13(b)(2)(A) available to FINRA for aggregation and publication
on the FINRA Web site pursuant to FINRA Rules.
     Amend paragraph .08 of the Interpretations and Policies of
Article 20, Rule 13(b) to provide that notwithstanding the provisions
of Article 20, Rule 13(b)(2) and (b)(3), with respect to data for the
Pre-Pilot Period and the Pilot Period, the Exchange shall make the
Appendix B.I. and B.II. data collected pursuant to Article 20, Rule
13(b)(2)(A) and the Appendix C.I. data collected pursuant to Article
20, Rule 13(b)(4)(A) available to FINRA for aggregation and publication
on the FINRA Web site pursuant to FINRA Rules and the Exchange will
publish Appendix B data with respect to any Trading Center operated by
the Exchange on the Exchange Web site, which shall commence on August
31, 2017.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \11\ in general, and furthers the objectives of Section
6(b)(5) of the Act \12\ in particular, in that it is designed to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, 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; and are not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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    The Plan is designed to allow the Commission, market participants,
and the public to study and assess the

impact of increment conventions on the liquidity and trading of the
common stock of small-capitalization companies. The Exchange believes
that this proposal is consistent with the Act and Section VII(A) of the
Plan because it mitigates confidentiality concerns regarding the
identity of certain OTC Trading Centers for which the Exchange is the
DEA.\13\
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    \13\ See supra note 9.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
notes that the proposed rule change implements the provisions of the
Plan.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

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

    The Exchange asserts that the proposed rule change: (1) Will not
significantly affect the protection of investors or the public
interest, (2) will not impose any significant burden on competition,
and (3) and will not become operative for 30 days from the date on
which it was filed, or such shorter time as the Commission may
designate. In addition, the Exchange provided the Commission with
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at least
five business days prior to the date of filing, or such shorter time as
designated by the Commission.\14\
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    \14\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change raises no novel
issues. The Exchange notes that the proposed rule change is intended to
address the requirement in Section VII(A) of the Plan that the data
made publicly available will not identify the Trading Center that
generated the data, as well as the confidentiality concerns raised in
connection with the publication of Appendix B data.\15\ The Exchange
also notes that the proposal does not alter the information required to
be submitted to the SEC. As such, the Exchange has designated this rule
filing as non-controversial under Section 19(b)(3)(A) of the Act \16\
and paragraph (f)(6) of Rule 19b-4 thereunder.\17\
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    \15\ See supra note 9.
    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend 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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) of the Act to determine whether the proposed rule
should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CHX-2017-10 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CHX-2017-10. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CHX-2017-10 and should be
submitted on or before June 21, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-11143 Filed 5-30-17; 8:45 am]
 BILLING CODE 8011-01-P