2015 Ozone Transport FIP Meeting Title:	Meeting with Portland Cement Association (PCA)	 Date/Time: October 11, 2022, 1:00 p.m. ET Agenda/Meeting Summary:	 PCA discussed and answered questions from EPA about their comments on the proposed 2015 Ozone Transport FIP.  Participants/Affiliations: Name Affiliation Elizabeth Selbst EPA Dan Schramm EPA Alan Shar EPA Dylan Mataway-Novak EPA Holly DeJong EPA Robin Langdon EPA Jeanhee Hong EPA Adam Swercheck Lehigh Hanson Christine McCarthy PCA Desirea Haggard CalPortland Louis Baer PCA Lotito Gina GCC Scott Nielson Ash Grove Michael Meinen Martin Marietta Materials Joe Arsenault Ash Grove Brett Lindsay SR Materials


[Federal Register Volume 88, Number 204 (Tuesday, October 24, 2023)]
[Rules and Regulations]
[Pages 72967-72968]
[FR Doc No: 2023-23392]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31512; Amdt. No. 4083]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPS) and associated Takeoff Minimums
and Obstacle Departure procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective October 24, 2023. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 24, 2023.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30. 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC, 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. 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.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., STB Annex, Bldg. 26, Room 217,
Oklahoma City, OK 73099. Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by
establishing, amending, suspending, or removes SIAPS, Takeoff Minimums
and/or ODPS. The complete regulatory description of each SIAP and its
associated Takeoff Minimums or ODP for an identified airport is listed
on FAA form documents which are incorporated by reference in this
amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The
applicable FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, 8260-15B, when
required by an entry on 8260-15A, and 8260-15C.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers or
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the typed of SIAPS, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPs as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flights safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial

number of small entities under the criteria of the Regulatory
Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on October 13, 2023.
Thomas J. Nichols,
Manager, Aviation Safety, Flight Standards Service, Standards Section,
Flight Procedures & Airspace Group, Flight Technologies & Procedures
Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, 14 CFR part
97 is amended by establishing, amending, suspending, or removing
Standard Instrument Approach Procedures and/or Takeoff Minimums and
Obstacle Departure Procedures effective at 0901 UTC on the dates
specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 30 November 2023

Safford, AZ, KSAD, RNAV (GPS) RWY 12, Amdt 1
Safford, AZ, KSAD, RNAV (GPS) RWY 30, Amdt 1
Tucson, AZ, KTUS, ILS OR LOC RWY 11L, Amdt 14E, CANCELED
Tucson, AZ, KTUS, ILS OR LOC RWY 12, Orig
Tucson, AZ, KTUS, RNAV (GPS) RWY 4, Amdt 1C
Tucson, AZ, KTUS, RNAV (GPS) RWY 11R, Orig-E, CANCELED
Tucson, AZ, KTUS, RNAV (GPS) RWY 22, Orig-E
Tucson, AZ, KTUS, RNAV (GPS) RWY 29L, Amdt 1B, CANCELED
Tucson, AZ, KTUS, RNAV (GPS) Z RWY 11L, Amdt 1D, CANCELED
Tucson, AZ, KTUS, RNAV (GPS) Z RWY 12, Orig
Tucson, AZ, KTUS, RNAV (GPS) Z RWY 29R, Amdt 2F, CANCELED
Tucson, AZ, KTUS, RNAV (GPS) Z RWY 30, Orig
Tucson, AZ, KTUS, RNAV (RNP) Y RWY 12, Orig
Tucson, AZ, KTUS, RNAV (RNP) Y RWY 30, Orig
Tucson, AZ, KTUS, VOR OR TACAN RWY 11L, Amdt 1D, CANCELED
Tucson, AZ, KTUS, VOR OR TACAN RWY 12, Orig
Tucson, AZ, KTUS, VOR OR TACAN RWY 29R, Amdt 2G, CANCELED
Tucson, AZ, KTUS, VOR OR TACAN RWY 30, Orig
Denver, CO, KDEN, RNAV (GPS) Y RWY 16R, Orig
Denver, CO, KDEN, RNAV (GPS) Y RWY 16R, Amdt 1D, CANCELED
Denver, CO, KDEN, RNAV (RNP) Z RWY 16R, Orig
Denver, CO, KDEN, RNAV (RNP) Z RWY 16R, Orig-C, CANCELED
Cochran, GA, 48A, Takeoff Minimums and Obstacle DP, Amdt 2A
Monticello, IA, KMXO, RNAV (GPS) RWY 15, Amdt 1D
Monticello, IA, KMXO, RNAV (GPS) RWY 33, Amdt 1C
Monticello, IA, KMXO, Takeoff Minimums and Obstacle DP, Amdt 4A
Chicago/Prospect Heights/Wheeling, IL, KPWK, RAV (GPS) RWY 30, Orig
Danville, IL, KDNV, ILS OR LOC RWY 21, Amdt 8
Danville, IL, KDNV, RNAV (GPS) RWY 3, Orig-C
Danville, IL, KDNV, RNAV (GPS) RWY 21, Orig-C
Danville, IL, KDNV, RNAV (GPS) RWY 34, Orig-C
Danville, IL, KDNV, VOR/DME RWY 3, Amdt 12B, CANCELED
Freeport, IL, KFEP, RNAV (GPS) RWY 6, Orig-C
Anderson, IN, KAID, ILS OR LOC RWY 30, Amdt 4
Lafayette, IN, KLAF, Takeoff Minimums and Obstacle DP, Amdt 1A
Lafayette, IN, KLAF, VOR-A, Amdt 26C
Abilene, KS, K78, RNAV (GPS) RWY 17, Amdt 1D
Pittsfield, MA, KPSF, LOC RWY 26, Amdt 10B
Pittsfield, MA, KPSF, RNAV (GPS) RWY 26, Amdt 2B
Plymouth, MA, KPYM, ILS OR LOC RWY 6, Amdt 1H
Plymouth, MA, KPYM, RNAV (GPS) RWY 6, Amdt 1E
Plymouth, MA, KPYM, RNAV (GPS) RWY 24, Orig-D
Plymouth, MA, KPYM, Takeoff Minimums and Obstacle DP, Amdt 4
Detroit, MI, KYIP, RNAV (GPS) RWY 9, Amdt 3
Redwood Falls, MN, KRWF, RNAV (GPS) RWY 30, Amdt 1
Kansas City, MO, KMCI, ILS OR LOC RWY 1L, Amdt 19A
Kansas City, MO, KMCI, ILS OR LOC RWY 1R, ILS RWY 1R (SA CAT I), ILS
RWY 1R (CAT II), ILS RWY 1R (CAT III), Amdt 7A
Kansas City, MO, KMCI, ILS OR LOC RWY 19L, Amdt 5A
Kansas City, MO, KMCI, ILS OR LOC RWY 19R, ILS RWY 19R (SA CAT I),
ILS RWY 19R (CAT II), ILS RWY 19R (CAT III), Amdt 15A
Nevada, MO, KNVD, Takeoff Minimums and Obstacle DP, Orig-A
Kalispell, MT, KGPI, RNAV (RNP) RWY 20, Amdt 1
Monroe, NC, EQY, ILS OR LOC RWY 5, Amdt 3A
Monroe, NC, EQY, RNAV (GPS) RWY 5, Amdt 3A
Monroe, NC, EQY, RNAV (GPS) RWY 23, Amdt 1C
Dayton, OH, KGDK, Takeoff Minimums and Obstacle DP, Amdt 3
Shawnee, OK, SNL, ILS OR LOC RWY 17, Amdt 3A
Brookings, OR, KBOK, RNAV (GPS)-A, Orig
Brookings, OR, KBOK, Takeoff Minimums and Obstacle DP, Orig
Sunriver, OR, S21, RNAV (GPS) RWY 18, Amdt 2
Sunriver, OR, S21, Takeoff Minimums and Obstacle DP, Orig-B
Altoona, PA, KAOO, ILS OR LOC RWY 21, Amdt 9
Altoona, PA, KAOO, RNAV (GPS) RWY 21, Amdt 1E
Punxsutawney, PA, N35, RNAV (GPS) RWY 24, Orig-E
Walterboro, SC, KRBW, ILS Y OR LOC Y RWY 23, Amdt 3
Memphis, TN, KMEM, ILS OR LOC RWY 27, Amdt 4D
Memphis, TN, KMEM, RNAV (GPS) RWY 27, Amdt 2E
San Saba, TX, 81R, RNAV (GPS) RWY 13, Orig
San Saba, TX, 81R, RNAV (GPS) RWY 31, Orig
San Saba, TX, 81R, Takeoff Minimums and Obstacle DP, Orig
Salt Lake City, UT, KSLC, RNAV (GPS) RWY 16L, Amdt 2
Salt Lake City, UT, KSLC, RNAV (GPS) RWY 16R, Amdt 2

    Rescinded: On September 25, 2023 (88 FR 65598), the FAA
published an Amendment in Docket No. 31508, Amdt No. 4079, to part
97 of the Federal Aviation Regulations under Sec. Sec.  97.37. The
following entry for Indianapolis, IN, effective November 30, 2023,
is hereby rescinded in its entirety.

Indianapolis, IN, KUMP, Takeoff Minimums and Obstacle DP, Amdt 4

[FR Doc. 2023-23392 Filed 10-23-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Notices]
[Page 3213]
[FR Doc No: 2016-00904]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76894; File No. SR-ISE Gemini-2015-17]

Self-Regulatory Organizations; ISE Gemini, LLC; Notice of
Designation of Longer Period for Commission Action on Proposed Rule
Change To Amend Rule 804(g)

January 13, 2016.
    On November 12, 2015, ISE Gemini, LLC (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to require
clearing member approval before a market maker could resume trading
after the activation of a market-wide speed bump under Exchange Rule
804(g). The proposed rule change was published for comment in the
Federal Register on November 30, 2015.\3\ The Commission has received
no comment letters on the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 76505 (November 23,
2015), 80 FR 74824.
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    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether these proposed rule changes should be disapproved.
The 45th day for this filing is January 14, 2016.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period within which to take action on
the proposed rule change so that it has sufficient time to consider and
take action on the Exchange's proposed rule change.
    Accordingly, pursuant to section 19(b)(2)(A)(ii)(I) of the Act \5\
and for the reasons stated above, the Commission designates February
28, 2016 as the date by which the Commission should either approve or
disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-ISE Gemini-2015-17).
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2)(A)(ii)(I).
    \6\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-00904 Filed 1-19-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 179 (Monday, September 20, 2021)]
[Notices]
[Pages 52231-52234]
[FR Doc No: 2021-20219]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92984; File No. SR-CboeBYX-2021-020]

Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 11.22 To Introduce a Product To Be Known as Cboe Premium Exchange
Tools and To Amend Its Fee Schedule To Establish a Fee for a User Login
That Elects To Subscribe to the Cboe Premium Exchange Tools

September 14, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on September 8, 2021, Cboe BYX Exchange, Inc. (the ``Exchange''
or ``BYX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ 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\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe BYX Exchange, Inc. (the ``Exchange'' or ``BYX'') proposes to
amend Rule 11.22 to introduce a new product to be known as Cboe Premium
Exchange Tools and to amend its Fee Schedule to establish a fee for a
user login that elects to subscribe to the Cboe Premium Exchange Tools.
The text of the proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/byx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rule 11.22(b) to introduce a new
product to be known as Cboe Premium Exchange Tools, as further
described below, and to amend its Fee Schedule to adopt a monthly fee
assessed to users that elect to subscribe to such Cboe Premium Exchange
Tools, effective August 31, 2021.\5\
---------------------------------------------------------------------------

    \5\ The Exchange initially filed the proposal August 31, 2021
[sic] (SR-CboeBYX-2021-015). On September 8, 2021, the Exchange
withdrew that filing and submitted this proposal.
---------------------------------------------------------------------------

Cboe Premium Exchange Tools
    Currently, Members,\6\ Sponsored Participants,\7\ and service
bureaus are leveraging certain value-added tools (i.e., Cboe Premium
Exchange Tools) on the Exchange to obtain certain information free of
charge. Particularly, Cboe Premium Exchange Tools offers an easily
accessible internet-based tool that allows users access to certain
execution information for their firm through a single interface. Now,
the Exchange proposes to amend Rule 11.22(b) to describe the Cboe
Premium Exchange Tools in its Rules. Specifically, proposed Rule
11.22(b) provides that the Cboe Premium Exchange Tools is a web-based
tool designed to give a subscribing user the ability to track latency
statics of the user's logical order entry ports or execution
information of the Member or a Sponsored Participant of the Member. The
proposed rule also provides that a user may obtain historical reports
of such execution information, as further described below.\8\ Cboe
Premium Exchange Tools is currently comprised of the following three
reports: (i) Trade data report,\9\ (ii) latency statistics report,\10\
and (iii) volume history report.\11\
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    \6\ See Exchange Rule 1.5(n).
    \7\ See Exchange Rule 1.5(x).
    \8\ All information available to Members as described herein is
historical information.
    \9\ Trade Data Reports may be obtained by a Member, or if
authorized to do so a Sponsored Participant.
    \10\ Latency Statistics Reports may be obtained by a Member,
Sponsored Participant or service bureaus as it relates to their
respective logical order entry ports.
    \11\ Volume History Reports may be obtained by a Member.
---------------------------------------------------------------------------

Trade Data Report
    The trade data report offers the ability for a user to view and/or
export its Member's and, if applicable, a Sponsored Participant of the
Member, granular execution detail.\12\ Specifically, the report
currently includes the following information: Date, time, Member
identifier, clearing member identifier, session, order identification,
symbol, side (i.e., buy, sell, sell short), price, quantity, capacity
(e.g., agent, principal), liquidity indicator (i.e., adder or remover
of liquidity), order type,\13\ indicator as to whether order set or
joined the national best bid or offer (``NBBO''),\14\ and associated
fee code(s). The information is provided in order to aid Members in
conducting their own reconciliations and assist in report generation,
and, unlike the Volume History Report, is available on an execution-by-
execution basis.
---------------------------------------------------------------------------

    \12\ Sponsored Participants may also subscribe to the Trade Data
Report, provided that its Sponsoring Member provides the Exchange
authorization to do so. Trade Data Reports provided to Sponsored
Participants only include execution detail related to the Sponsored
Participant.
    \13\ See Exchange Rule 11.9.
    \14\ Hidden orders that neither set or join the NBBO are
identified as such within the report.
---------------------------------------------------------------------------

Latency Statistics Report
    The latency statistics report offers functionality to view latency
statistics relating to logical order entry ports, including a Member's
orders, acknowledgements, and cancels, including roundtrip data from
into the edge network device and back, which accounts for latency
within the Exchange order gateways and matching engines. Specifically,
the latency statistics report includes the following information: (i)
The roundtrip time between the order entering the Exchange's network
and the time the order acknowledgement leaves the Exchange's network,
(ii) the roundtrip time between an order cancellation request and the
time the order cancellation request acknowledgement leaves the
Exchange's network, (iii) the

roundtrip time between an order entering the Exchange's network and the
time that the order appears on the Multicast PITCH feed, (iv) the
roundtrip time for a Transmission Control Protocol (``TCP'') \15\
message sent by the Exchange to be acknowledged by the Member, and (v)
averages a Member can expect for items (i) through (iii) across their
own ports and across the entire system (i.e., across all Members). A
Member, service bureau, or Sponsored Participant may view the latency
statistics for orders that they send to the Exchange through their own
respective logical order entry ports. The information included in the
latency statistics report is designed to give users insight into the
performance characteristics of their logical order entry ports.
---------------------------------------------------------------------------

    \15\ TCP is a communications standard that enables application
programs and computing devises to exchange messages over a network.
---------------------------------------------------------------------------

Volume History Report
    The volume history report provides users the functionality to view
the Member's, high level volume history on the Exchange, as well as
more granular added, removed, and routed orders at a per Tape and MPID
level or a per security level for the purpose of tracking and measuring
outcomes.\16\ The tools offer functionality to allow a user to view
aggregated volume history reports on behalf of the Member or a
Sponsored Participant of the Member for the purpose of firm or client-
level reporting, administration, and risk management.
---------------------------------------------------------------------------

    \16\ Information included in the Volume History Report includes
all activity, including that executed on behalf of Sponsored
Participants. Execution volume made on behalf of a Sponsored
Participant is not delineated within the Volume History Report.
---------------------------------------------------------------------------

Cboe Premium Exchange Tools Fee
    The Exchange also proposes to adopt a fee applicable to users that
subscribe to the proposed Cboe Premium Exchange Tools. Specifically, as
proposed, the Exchange would assess a monthly fee of $40 for each user
login that subscribes to any of the reports and services that comprise
the Cboe Premium Exchange Tools. As discussed above, Premium Exchange
Tools provides users with an easily accessible tool that allows them to
access certain execution and latency information from a single
interface and provides such information in a convenient, user-friendly
format. Further, a number of enhancements have recently been made to
the various reports and services included in the Cboe Premium Exchange
Tools. For example, the trade data report has recently been enhanced to
provide timestamps with microsecond granularity for added detail on a
per trade basis. Therefore, the Exchange believes the assessment of
such a fee aligns with the additional value and benefits provided to
users that choose to subscribe to the Cboe Premium Exchange Tools. The
Exchange also believes that the proposal is appropriate to balance the
Exchange resource requirements in creating, managing, and supporting
the services and reports provided by the Cboe Premium Exchange Tools.
    The Cboe Premium Exchange Tools fee will be assessed to a user for
the entire month regardless of when the user receives access to the
Premium Exchange Tools. If a user obtains or cancels a subscription to
the Cboe Premium Exchange Tools on or after the first business day of
the month, the user will be required to pay the entire Cboe Premium
Exchange Tools fee for that month.
    The Exchange anticipates a number of users will subscribe to the
Cboe Premium Exchange Tools. It is a completely voluntary product, in
that the Exchange is not required by any rule or regulation to make the
reports or services available and that potential subscribers may
purchase it only if they voluntarily choose to do so. Further, the
Exchange notes that other exchanges offer similar products.\17\
---------------------------------------------------------------------------

    \17\ See the ``TradeInfo Fees'' offered on the Nasdaq Stock
Exchange (``Nasdaq''), Nasdaq BX, Inc. (``Nasdaq BX''), and the
Nasdaq PHLX LLC (``Phlx''), each of which assess a fee of $95 per
user per month.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\18\ Specifically, the
Exchange believes the proposed rule change is consistent with Section
6(b)(4) of the Act,\19\ which requires that Exchange rules provide for
the equitable allocation of reasonable dues, fees, and other charges
among its Members and other persons using its facilities. The Exchange
also believes the proposed rule change is consistent with the Section
6(b)(5) \20\ requirements that the rules of an exchange be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and 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. Additionally, the Exchange
believes the proposed rule change is consistent with the Section
6(b)(5) \21\ requirement that the rules of an exchange not be designed
to permit unfair discrimination between customers, issuers, brokers, or
dealers.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f(b).
    \19\ 15 U.S.C. 78f(b)(4).
    \20\ 15 U.S.C. 78f(b)(5).
    \21\ Id.
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    The Exchange believes the proposal to amend Rule 11.22(b) to
provide for the Cboe Premium Exchange Tools is reasonable for several
reasons. First, certain of the underlying information available via the
Cboe Premium Exchange Tools is otherwise generally available to users.
While the proposal provides a value-added service by setting forth such
information in a user-friendly format, the underlying data included in
the trade data report and volume history report contains general
Member-specific execution information to which a Member would have
access to without subscribing to Premium Exchange Tools, (e.g., via
their own order entry ports which include Member-provided order
instructions, exchange-sent acknowledgement messages, and drop copies).
Moreover, the data included in the trade data report and volume history
report is substantially similar to data offered in the Nasdaq TradeInfo
tool, which provides detailed data on the status of orders executions,
cancels and breaks, and generates reports for download, and allows the
member to cancel or correct open orders.\22\
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    \22\ See Securities and Exchange Act No. 90772 (December 22,
2020) 85 FR 86632 (December 30, 2020) (SR-NASDAQ-2020-088) (Proposed
rule change describing the withdrawal of Nasdaq's QView product from
sale and that the information included therein will continue to be
available via TradeInfo).
---------------------------------------------------------------------------

    While certain underlying data included in the latency statistics
report such as latency averages across the System is not otherwise
available to Members, or where applicable, Sponsored Participants, or
service bureaus, the Exchange notes such users can obtain similar
information on their own latency statistics relating to their orders,
acknowledgements, TCP messages, and cancels, including roundtrip data
from out of their edge network device and back without subscribing to
Premium Exchange Tools. Particularly, users are able to calculate these
latencies on their own servers as the underlying transaction
information is timestamped, which would similarly account for the
latency

throughout the Exchange side of the network (i.e., the Exchange does
not believe latency statistics calculated by users themselves would be
materially different from the Exchange's calculations). The Exchange
notes that although latency information related to averages across the
system would not otherwise be available to Members, Sponsored
Participants or service bureaus absent subscribing to Premium Exchange
Tools, providing users such information is not novel as similar
information was historically made available in an offering by Nasdaq.
Specifically, prior to its decommission in December of 2020, Nasdaq
provided summary latency statistics via its QView tool which provided
members that subscribed to QView Latency Optics add-on service the
ability to monitor three types of latency for order messages and
compare that latency to the average on the Nasdaq System.\23\ The
specific latency statistics included: (i) The roundtrip time between
order entry and receipt of acknowledgement; (ii) roundtrip time between
order entry and the time that the order appears on the TotalView ITCH
multicast feed; and (iii) the roundtrip time between the entry of an
order cancellation request and the time that the message in reply is
received by the client device.\24\ Similarly as noted above, the
Exchange's proposed latency statistics report provides users averages
across the entire System for three types of latency: (i) The roundtrip
time between the order entering the Exchange's network and the time the
order acknowledgement leaves the Exchange's network, (ii) the roundtrip
time between an order cancellation request and the time the order
cancellation request acknowledgement leaves the Exchange's network,
(iii) the roundtrip time between an order entering the Exchange's
network and the time that the order appears on the Multicast PITCH
feed. Even after QView was decommissioned, the underlying data needed
to generate the latency statistics (other than for averages across the
Nasdaq system) for each member was and continues to be available via
the Nasdaq TradeInfo tool.\25\
---------------------------------------------------------------------------

    \23\ See Securities Exchange Act Release No. 68617 (January 10,
2013), 78 FR 3480 (January 16, 2013) (SR-Nasdaq-2013-005)
(introducing the Latency Optics add-on). See also Securities
Exchange Act Release No. 82003 (November 2, 2017), 82 FR 51894
(November 8, 2017) (SR-Nasdaq-2017-113) (proposed rule change that
also describes the Latency Optics add-on service, which provided,
among other things, subscribing members the ability to compare their
latency to the average of the Nasdaq system).
    \24\ Id.
    \25\ Nasdaq similarly noted that users of TradeInfo are able to
calculate latencies included in the Latency Optics add-on service as
the underlying transaction information is timestamped. See
Securities and Exchange Act No. 90772 (December 22, 2020) 85 FR
86632 (December 30, 2020) (SR-NASDAQ-2020-088).
---------------------------------------------------------------------------

    The Exchange believes that the proposed fee for the Cboe Premium
Exchange Tools is consistent with the Act in that it is reasonable,
equitable, and not unfairly discriminatory. In particular, the Exchange
believes that the proposed fee is reasonable because it is reasonably
aligned with the value and benefits provided to users that choose to
subscribe to the Cboe Premium Exchange Tools on the Exchange. As
discussed above, Premium Exchange Tools provides users with an easily
accessible tool that allows them to access certain execution and
latency information from a single interface and provides such
information in a convenient, user-friendly format. Also as described
above, information provided by Premium Exchange Tools relates to the
subscribing user's activity on the Exchange, and users may generally
access and aggregate this information by other means, including its own
internal systems, without a subscription to Premium Exchange Tools. As
such, the Exchange believes that if a user determines that the fee is
not cost-efficient for its needs, it may decline to subscribe to
Premium Exchange Tools and access such information from other sources.
Indeed, the Cboe Premium Tools is a completely voluntary product, and
the Exchange is not required by any rule or regulation to offer the
reports or services provided under the Cboe Premium Exchange Tools.
Nonetheless, such tools may be beneficial to Members and non-Members as
they provide various value-added Exchange reports and services.
Providing the Cboe Premium Exchange Tools to users requires the
Exchange to allocate additional resources to create, manage, and
support the services and reports. Therefore, the Exchange believes that
it is reasonable to assess a modest fee to users that subscribe to the
Cboe Premium Exchange Tools.
    The Exchange further believes the proposed fee is reasonable
because the amount assessed is less than the analogous fees charged by
Nasdaq, Nasdaq BX, and PHLX. The TradeInfo product offered by the
aforementioned exchanges provides users the status of orders,
executions, cancels and breaks, and provides the ability to cancel
orders. Further, to view a variety of trading data, users can generate
several different types of reports such as execution reports.\26\ As
described above, the Cboe Premium Exchange Tools will offer similar
data to that provided by Nasdaq, Nasdaq BX, and PHLX while, the
Exchange's proposed fee for the Cboe Premium Tools at $40 per month per
user, is lower than each of the Nasdaq, Nasdaq BX, and PHLX fees for
similar information which charge $95 per user.
---------------------------------------------------------------------------

    \26\ See https://www.nasdaqtrader.com/Trader.aspx?id=tradeinfo.
---------------------------------------------------------------------------

    The Exchange believes that the proposed fee is equitable and not
unfairly discriminatory because it will apply to all Members and non-
Members that choose to subscribe to the Cboe Premium Exchange Tools
equally. As stated, the services and reports provided by the Cboe
Premium Exchange Tools are completely optional and not necessary for
trading. Rather, the Exchange voluntarily makes the Cboe Premium
Exchange Tools available and users may choose to subscribe (and pay
for) the Cboe Premium Exchange Tools based on their own individual
business needs. Potential subscribers may subscribe to Cboe Premium
Exchange Tools at any time if they believe it to be valuable or may
decline to purchase such services and reports.

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 because the proposed Cboe
Premium Exchange Tools will be available equally to all Members and
non-Members that choose to subscribe to such tools. As stated, the Cboe
Premium Exchange Tools are optional and Members and non-Members may
choose to subscribe to such tools, or not, based on their view of the
additional benefits and added value provided by utilizing the reports
or services offered by the Cboe Premium Exchange Tools.
    Next, the Exchange believes the proposed rule change does not
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. As previously
discussed, Nasdaq currently offers products that include similar
information to that proposed under the Cboe Premium Exchange Tools.
Moreover, the Commission has repeatedly expressed its preference for
competition over regulatory intervention in determining prices,
products, and services in the securities markets. Specifically, in
Regulation

NMS, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' The fact that this
market is competitive has also long been recognized by the courts. In
NetCoalition v. Securities and Exchange Commission, the D.C. Circuit
stated as follows: ``[n]o one disputes that competition for order flow
is `fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their order-routing agents, have a wide range of choices of
where to route orders for execution'; [and] `no exchange can afford to
take its market share percentages for granted' because `no exchange
possesses a monopoly, regulatory or otherwise, in the execution of
order flow from broker dealers' . . . .''. Accordingly, the Exchange
does not believe its proposal imposes any burden on competition that is
not necessary or appropriate in furtherance of the purposes of the Act.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \27\ and Rule 19b-
4(f)(6) thereunder.\28\
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78s(b)(3)(A).
    \28\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
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 of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \29\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule 19b-4(f)(6)(iii) \30\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
proposed to implement this proposed rule change on August 31, 2021 and
has asked the Commission to waive the 30-day operative delay for this
filing. The Exchange states that the proposed data to be included in
the proposed Cboe Premium Exchange Tools is already generally available
to all users without a subscription to Cboe Premium Exchange Tools and/
or is substantially similar to information that was historically, or
currently is, included in similar products offered on Nasdaq.\31\ The
Commission believes waiver of the operative delay will allow a
description of Cboe Premium Exchange Tools product to be immediately
reflected in the Exchange's rules and is consistent with the protection
of investors and the public interest because the proposed rule change
does not raise any new or novel issues. Accordingly, the Commission
hereby waives the 30-day operative delay and designates the proposed
rule change as operative from August 31, 2021.\32\
---------------------------------------------------------------------------

    \29\ 17 CFR 240.19b-4(f)(6).
    \30\ 17 CFR 240.19b-4(f)(6)(iii).
    \31\ See supra notes 21-24.
    \32\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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 to
determine whether the proposed rule change 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 No. SR-CboeBYX-2021-020 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 No. SR-CboeBYX-2021-020. 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 website (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 website 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File No. SR-CboeBYX-2021-020, and should be submitted
on or before October 12, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
---------------------------------------------------------------------------

    \33\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-20219 Filed 9-17-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12678-12680]
[FR Doc No: 2017-04257]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0214]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of applications for exemptions; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from 14 individuals
for exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. They are unable to meet the vision requirement in
one eye for various reasons. The exemptions will enable these
individuals to operate commercial motor vehicles (CMVs) in interstate
commerce without meeting the prescribed vision requirement in one eye.
If granted, the exemptions would enable these individuals to qualify as
drivers of commercial motor vehicles (CMVs) in interstate commerce.

DATES: Comments must be received on or before April 5, 2017. All
comments will be investigated by FMCSA. The exemptions will be issued
the day after the comment period closes.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2016-0214 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be

achieved absent such exemption.'' FMCSA can renew exemptions at the end
of each 2-year period. The 14 individuals listed in this notice have
each requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.

II. Qualifications of Applicants

Tyler D. Baseman

    Mr. Baseman, 31, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/70.
Following an examination in 2016, his optometrist stated, ``In my
medical opinion Mr. Baseman has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Baseman
reported that he has driven straight trucks for 3 years, accumulating
90,000 miles, and tractor-trailer combinations for 3 years,
accumulating 30,000 miles. He holds a Class A CDL from Minnesota. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Robert A. Ferrucci

    Mr. Ferrucci, 53, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/100, and in his
left eye, 20/20. Following an examination in 2016, his optometrist
stated, ``In conclusion, Mr. Ferrucci has the required, stable vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Ferrucci reported that he has driven straight trucks for
7 years, accumulating 105,000 miles. He holds an operator's license
from Florida. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Gary W. Fields

    Mr. Fields, 56, has a cataract in his left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/20, and
in his left eye, counting fingers. Following an examination in 2016,
his optometrist stated, ``In my opinion he has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Fields reported that he has driven straight trucks for 22 years,
accumulating 1.1 million miles. He holds an operator's license from
Virginia. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Michael D. Greene, Jr.

    Mr. Greene, 35, has poor vision in his right eye due to
inflammation in childhood. The visual acuity in his right eye is hand
motion, and in his left eye, 20/20. Following an examination in 2016,
his ophthalmologist stated, ``It is my medical opinion that Mr. Green
[sic] has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Greene reported that he has driven
straight trucks for 18 years, accumulating 15,000 miles. He holds an
operator's license from Vermont. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Cory W. Haupt

    Mr. Haupt, 47, has had a macular hole in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
counting fingers, and in his left eye, 20/20. Following an examination
in 2016, his optometrist stated, ``I certify, in my medical opinion,
that Mr. Haupt is fully capable and visually competent to operate a
commercial vehicle.'' Mr. Haupt reported that he has driven straight
trucks for 26 years, accumulating 78,000 miles. He holds a Class A CDL
from South Dakota. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Joseph E. Jones

    Mr. Jones, 30, has had a retinal detachment in his right eye due to
Von Hippel Lindau disease in childhood. The visual acuity in his right
eye is no light perception, and in his left eye, 20/20. Following an
examination in 2016, his ophthalmologist stated, ``In my professional
vision [sic], he has good enough vision for any kind of driver's
license including a commercial driver's license.'' Mr. Jones reported
that he has driven straight trucks for 1 year, accumulating 30,000
miles, and tractor-trailer combinations for 3 years, accumulating
240,000 miles. He holds a Class A CDL from Georgia. His driving record
for the last 3 years shows no crashes and one conviction for a moving
violation in a CMV; he failed to obey a stop sign.

Peter W. Lampasone

    Mr. Lampasone, 51, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2016, his ophthalmologist stated, ``In
my opinion, this patient has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Lampasone
reported that he has driven straight trucks for 20 years, accumulating
1.2 million miles. He holds an operator's license from New York. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Edward H. Lampe

    Mr. Lampe, 52, has had a prosthetic left eye since childhood. The
visual acuity in his right eye is 20/20, and in his left eye, no light
perception. Following an examination in 2016, his ophthalmologist
stated, ``In my opinion he has stable and sufficient vision to perform
the driving tasks needed to operate a commercial vehicle.'' Mr. Lampe
reported that he has driven straight trucks for 19 years, accumulating
190,000 miles. He holds an operator's license from Oregon. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Thomas L. Lange

    Mr. Lange, 66, has had amblyopia in his right eye since 2011. The
visual acuity in his right eye is 20/60, and in his left eye, 20/20.
Following an examination in 2016, his optometrist stated, ``I do
certify that in my medical opinion, Mr. Lange has sufficient vision to
perform the driving tasks required to safely operate a commercial motor
vehicle (CMV).'' Mr. Lange reported that he has driven tractor-trailer
combinations for 30 years, accumulating 525,000 miles. He holds a Class
A CDL from Colorado. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Ronald R. Matheson

    Mr. Matheson, 49, has a prosthetic right eye due to a traumatic
incident in 2003. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2016, his optometrist stated, ``US Dept [sic] of Transportation . . .
Vision is better than 20/40 in the left eye and visual field meets
requirements.'' Mr. Matheson reported that he has driven straight
trucks for 20 years, accumulating 50,000 miles. He holds a Class B CDL
from Wyoming. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Jason C. Nicklow, Sr.

    Mr. Nicklow, 41, has complete loss of vision in his right eye due
to a traumatic incident in 1992. The visual acuity in his right eye is
no light perception, and in his left eye, 20/20. Following an
examination in 2016, his ophthalmologist stated, ``If a commercial
vehicle can be driven with one healthy eye with intact visual field
than he should have sufficient vision to drive [sic].'' Mr. Nicklow
reported that he has driven straight trucks for 11 years, accumulating
22,000 miles, and tractor-trailer combinations for 10 years,
accumulating 15,000 miles. He holds an operator's license from
Pennsylvania. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Lawrence M. Taylor

    Mr. Taylor, 38, has had optic atrophy in his left eye since birth.
The visual acuity in his right eye is 20/25, and in his left eye, light
perception. Following an examination in 2016, his ophthalmologist
stated, ``As medical professionals, we feel his vision is sufficient to
operate a commercial vehicle.'' Mr. Taylor reported that he has driven
straight trucks for 15 years, accumulating 195,000 miles. He holds an
operator's license from Rhode Island. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Eric M. Turton

    Mr. Turton, 34, has had a prosthetic right eye due to micropthalmia
since birth. The visual acuity in his right eye is no light perception,
and in his left eye, 20/20. Following an examination in 2016, his
optometrist stated, ``In my opinion Eric Turton has sufficient vision
to perform his commercial driving tasks.'' Mr. Turton reported that he
has driven straight trucks for 8 years, accumulating 520,000 miles. He
holds an operator's license from New York. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Kendrick T. Williams

    Mr. Williams, 29, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/70. Following an examination in 2016, his optometrist stated,
``In my professional opinion Kendrick has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Williams reported that he has driven tractor-trailer combinations for 3
years, accumulating 390,000 miles. He holds a Class A CDL from North
Carolina. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

III. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice, indicate the specific section of this document to which each
comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so the
Agency can contact you if it has questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
put the docket number FMCSA-2016-0214 in the ``Keyword'' box, and click
``Search.'' When the new screen appears, click on ``Comment Now!''
button and type your comment into the text box in the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
facility, please enclose a stamped, self-addressed postcard or
envelope.
    FMCSA will consider all comments and material received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov and
insert the docket number FMCSA-2016-0214 in the ``Keyword'' box and
click ``Search.'' Next, click ``Open Docket Folder'' button and choose
the document listed to review. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.

     Issued on: February 27, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04257 Filed 3-3-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Proposed Rules]
[Pages 55294-55297]
[FR Doc No: 2018-23817]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0906; Product Identifier 2018-NM-122-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus SAS Model A310-304, -322, -324, and -325 airplanes. This
proposed AD was prompted by an evaluation by the design approval holder
(DAH) indicating that certain skin stringer joints are subject to
widespread fatigue damage (WFD). This proposed AD would require a
rototest inspection of the fastener holes in the affected areas and
repair if necessary, and modifying the fastener holes. We are proposing
this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by December 20,
2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus
SAS, Airworthiness Office--EAW, Rond-Point Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email [email protected]; internet http://www.airbus.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0906; 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 NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0906;
Product Identifier 2018-NM-122-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM 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 NPRM.

Discussion

    Fatigue damage can occur locally, in small areas or structural
design details, or globally, in widespread areas. Multiple-site damage
is widespread damage that occurs in a large structural element such as
a single rivet line of a lap splice joining two large skin panels.
Widespread damage can also occur in multiple elements such as adjacent
frames or stringers. Multiple-site damage and multiple-element damage
cracks are typically too small initially to be reliably detected with
normal inspection methods. Without intervention, these cracks will
grow, and eventually compromise the structural integrity of the
airplane. This condition is known as WFD. It is associated with general
degradation of large areas of structure with similar structural details
and stress levels. As an airplane ages, WFD will likely occur, and will
certainly occur if the airplane is operated long enough without any
intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that DAHs
establish a limit of validity (LOV) of the engineering data that
support the structural maintenance program. Operators affected by the
WFD rule may not fly an airplane beyond its LOV, unless an extended LOV
is approved.
    The WFD rule (75 FR 69746, November 15, 2010) does not require
identifying and developing maintenance actions if the DAHs can show
that such actions are not necessary to prevent WFD before the airplane
reaches the LOV. Many LOVs, however, do depend on accomplishment of
future maintenance actions. As stated in the WFD rule, any maintenance
actions necessary to reach the LOV will be mandated by airworthiness
directives through separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information

development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
    We are issuing this AD to address any cracking of the top wing skin
stringer joints at rib 19, which could result in reduced structural
integrity of the wing.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2018-0174, dated August 14, 2018 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus SAS Model
A310-304, -322, -324, and -325 airplanes. The MCAI states:

    In response to US 14 CFR Part 26 concerning Widespread Fatigue
Damage (WFD), Airbus assessed all wing structural items of the
Airbus A310 design deemed potentially susceptible to WFD. The top
[wing] skin stringer joints at rib 19 at level of the first fastener
row were highlighted as an area of uniform stress distribution,
indicating that cracks may develop in adjacent stringers at the same
time, which is known as Multi Element Damage.
    This condition, if not corrected, could reduce the structural
integrity of the wing.
    Prompted by the conclusion of WFD analysis, Airbus issued the
[service bulletin] SB to provide modification instructions. The
accomplishment of this modification at the specified time will
extend the life of the fastener holes in the affected area in order
to reach the Limit of Validity.
    For the reasons described above, this [EASA] AD requires a one-
time inspection of the [fastener] holes in the affected area,
accomplishment of applicable corrective action(s) [contacting the
manufacturer], depending on findings, and modification.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0906.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A310-57-2108, dated November 9,
2017. This service information describes procedures for accomplishing a
rototest inspection of the fastener holes in the affected areas and
repair if necessary, and modifying the fastener holes. 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.

FAA's Determination

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

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information described previously.

Explanation of Compliance Time

    The compliance time for the replacement specified in this proposed
AD for addressing WFD was established to ensure that discrepant
structure is replaced before WFD develops in airplanes. Standard
inspection techniques cannot be relied on to detect WFD before it
becomes a hazard to flight. We will not grant any extensions of the
compliance time to complete any AD-mandated service bulletin related to
WFD without extensive new data that would substantiate and clearly
warrant such an extension.

Costs of Compliance

    We estimate that this proposed AD affects 14 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
43 work-hours x $85 per hour = 3,655.........................              $0           $3,655          $51,170
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions 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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus SAS: Docket No. FAA-2018-0906; Product Identifier 2018-NM-
122-AD.

(a) Comments Due Date

    We must receive comments by December 20, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A310-304, -322, -324,
and -325 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by an evaluation by the design approval
holder (DAH) indicating that top wing skin stringer joints at rib 19
are subject to widespread fatigue damage (WFD). We are issuing this
AD to address any cracking of the top wing skin stringer joints,
which could result in reduced structural integrity of the wing.

(f) Compliance

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

(g) Definitions

    (1) The affected areas are defined as the top wing skin
stringers, 9 to 15, at the stringer joints, outboard of rib 19, on
both wings.
    (2) The average flight time (AFT) is defined as flight hours
divided by flight cycles accumulated by an individual airplane since
the airplane's first flight, specified in hours and hundredths of an
hour. Refer to the Airbus A310 Maintenance Review Board Report
Section D2 for guidance to determine the AFT.

(h) Inspection

    Within the applicable compliance times specified in figure 1 to
paragraph (h) of this AD, accomplish a rototest inspection of the
fastener holes in the affected areas in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A310-57-2108,
dated November 9, 2017.
[GRAPHIC] [TIFF OMITTED] TP05NO18.002

(i) Corrective Actions

    If, during the inspection required by paragraph (h) of this AD,
any discrepancy (i.e., cracking or discrepant hole diameter) or
existing repair is detected, before further flight, obtain
corrective actions approved by the Manager, International Section,
Transport Standards Branch, FAA; or the European Aviation Safety
Agency (EASA); or Airbus SAS's EASA Design Organization Approval
(DOA); and accomplish the corrective actions within the compliance
time specified therein. If approved by the DOA, the approval must
include the DOA-authorized signature.

(j) Modification

    If, during the inspection required by paragraph (h) of this AD,
no existing repair or discrepancy is detected, before further
flight, modify the fastener holes in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A310-57-2108,
dated November 9, 2017.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (l)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the EASA; or Airbus
SAS's EASA DOA. If approved by the DOA, the approval must include
the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2018-0174, dated August 14,
2018, for related information. This MCAI may be found in the AD
docket on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0906.
    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, Rond-Point Emile Dewoitine

No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email [email protected]; internet
http://www.airbus.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on October 24, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-23817 Filed 11-2-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 74 (Thursday, April 16, 2020)]
[Proposed Rules]
[Pages 21115-21118]
[FR Doc No: 2020-07920]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0330; Product Identifier 2020-NM-031-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A350-941 and -1041 airplanes. This
proposed AD was prompted by a report indicating that when the number 2
engine thrust reverser (T/R) was opened, the right-hand T/R hinge nut
located at position

4 was found detached; investigation revealed that certain nuts could
have been installed with noncompliant locking features, or with locking
features that could degrade quicker than anticipated. This proposed AD
would require inspecting each T/R hinge for the presence of a nut and
washer, installing a new nut and washer if necessary, and applying a
torque stripe at each T/R hinge location, as specified in a European
Union Aviation Safety Agency (EASA) AD, which will be incorporated by
reference. The FAA is proposing this AD to address the unsafe condition
on these products.

DATES: The FAA must receive comments on this proposed AD by June 1,
2020.

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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For the material identified in this proposed AD that will be
incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this IBR
material on the EASA website at https://ad.easa.europa. You may view
this IBR material at the FAA, Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2020-0330.

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-2020-
0330; 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 NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
exception occurred on : 2020-07920.htm
email kathleen.arr[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites 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-2020-0330;
Product Identifier 2020-NM-031-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The agency
will consider all comments received by the closing date and may amend
this NPRM based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this NPRM.

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0028, dated February 14, 2020
(``EASA AD 2020-0028'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A350-941 and -1041 airplanes.
    This proposed AD was prompted by a report indicating that when the
number 2 engine T/R was opened, the right-hand T/R hinge nut located at
position 4 was found detached; investigation revealed that certain nuts
could have been installed with noncompliant locking features, or with
locking features that could degrade quicker than anticipated. A similar
nut installation on T/R hinge positions 2 and 3 can be affected by the
same issue. This condition, if not addressed on multiple hinge
attachments, could lead to in-flight loss of a T/R, consequent
structural damage to the airplane, and possible injury to persons on
the ground. See the MCAI for additional background information.

Related IBR Material Under 1 CFR part 51

    EASA AD 2020-0028 describes procedures for a general visual
inspection of each T/R hinge for the presence of a nut and washer,
replacing any existing nut with a new nut, installing a new nut and
washer if neither is installed, and applying a torque stripe at each
location. 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 and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0028 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0028
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0028 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD 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 the EASA AD.
Service information specified in EASA AD 2020-0028 that is required for
compliance with EASA AD 2020-0028 will be available on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0330 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 13 airplanes
of U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                 Cost per
                Labor cost                     Parts cost        product            Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Up to 4 work-hours x $85 per hour = Up to             $984           $1,324   Up to $17,212.
 $340.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this
proposed 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 our cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    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

    The FAA 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) 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.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus SAS: Docket No. FAA-2020-0330; Product Identifier 2020-NM-
031-AD.

(a) Comments Due Date

    The FAA must receive comments by June 1, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2020-0028, dated February 14,
2020 (``EASA AD 2020-0028'').

(d) Subject

    Air Transport Association (ATA) of America Code 78, Exhaust.

(e) Reason

    This AD was prompted by a report indicating that when the number
2 engine thrust reverser (T/R) was opened, the right-hand T/R hinge
nut located at position 4 was found detached; investigation revealed
that certain nuts could have been installed with noncompliant
locking features, or with locking features that could degrade
quicker than anticipated. The FAA is issuing this AD to address this
condition, which, if occurring on multiple hinge attachments, could
lead to in-flight loss of a T/R, consequent structural damage to the
airplane, and possible injury to persons on the ground.

(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, including inspecting each T/R hinge for the
presence of a nut and washer, and compliance times specified in, and
in accordance with, EASA AD 2020-0028.

(h) Exceptions to EASA AD 2020-0028

    (1) Where EASA AD 2020-0028 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0028 does not apply
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0028
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions

from a manufacturer, the instructions must be accomplished using a
method approved by the Manager, International Section, Transport
Standards 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.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0028 that contains RC procedures and
tests: RC procedures and tests must be done to comply with this AD;
any procedures or tests that are not identified as RC are
recommended. Those procedures and tests that are not identified as
RC may be deviated from using accepted methods in accordance with
the operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Related Information

    (1) For information about EASA AD 2020-0028, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. EASA AD 2020-0028 may be found in the AD docket on the
internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-0330.
    (2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued on April 9, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-07920 Filed 4-15-20; 8:45 am]
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