[Federal Register Volume 78, Number 130 (Monday, July 8, 2013)]
[Notices]
[Pages 40791-40792]
[FR Doc No: 2013-16229]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69901; File No. SR-Phlx-2013-70]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to the
Schedule of Fees and Rebates for the Execution of Quotes and Orders on
NASDAQ OMX PSX

July 1, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on June 25, 2013, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes changes to its schedule of fees and rebates
for execution of quotes and orders on NASDAQ OMX PSX (``PSX''). Phlx
proposes to implement the proposed rule change on July 1, 2013. The
text of the proposed rule change is available on the Exchange's Web
site at http://nasdaqomxphlx.cchwallstreet.com/nasdaqomxphlx/phlx, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The 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
    Phlx is proposing two modifications to its schedule of fees and
rebates for transactions occurring on PSX.\3\ First, the Exchange
currently charges a fee of $0.0028 per share executed for orders in
securities listed on The NASDAQ Stock Market (``NASDAQ'') or the New
York Stock Exchange (``NYSE'') entered through a PSX market participant
identifier (``MPID'') through which a member organization provides an
average daily volume of 10,000 or more shares of liquidity during the
month. The Exchange also charges a fee of $0.0028 per share executed
for orders in securities listed on NASDAQ or NYSE that are designated
as eligible for routing, to the extent that such orders execute on PSX
rather than routing. Orders that do not qualify for these discounts are
charged $0.0030 per share executed. For orders in securities listed on
exchanges other than NASDAQ and NYSE, however, the Exchange currently
charges $0.0025 per share executed if entered through a PSX MPID
through which a member organization provides an average daily volume of
10,000 or more shares of liquidity during the month, and also charges
$0.0025 per share executed for orders in securities listed on exchanges
other than NASDAQ or NYSE that are designated as eligible for routing.
The Exchange is proposing to change both of these fees to $0.0028 per
share executed, so that the fees for accessing liquidity in all
securities, regardless of listing venue, will be equivalent.\4\
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    \3\ The changes apply to securities priced at $1 or more per
share.
    \4\ As is the case with securities listed on NASDAQ or NYSE, the
fee for orders in securities listed on other venues that do not
qualify for discounts is $0.0030 per share executed. This fee is not
changing.
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2. Statutory Basis
    Phlx believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\5\ in general, and with Sections
6(b)(4) and 6(b)(5) of the Act,\6\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility or
system which Phlx operates or controls, and is not designed to permit
unfair discrimination between customers, issuers, brokers, or dealers.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4) and (5).
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    The change with respect to the fee charged for orders in securities
listed on venues other than NASDAQ or NYSE that are entered through a
PSX MPID through which a member organization provides an average daily
volume of 10,000 or more shares of liquidity during the month is
reasonable because it will make the applicable fee equivalent to the
fee already charged with respect to orders entered by the same member
organization with respect to securities listed on NASDAQ or NYSE.
Moreover, the fee in question is consistent with the requirements of
SEC Rule 610(c) under Regulation NMS.\7\ In adopting that rule, the
Commission found that fees not in excess of $0.0030 per share executed
would promote the objective of equal regulation and preventing
excessive fees.\8\ The change is consistent with an equitable
allocation of fees because the modified fee applicable to the volume
tier in question remains lower than the fee charged to member
organizations not achieving the tier, and therefore continues to
provide a financial incentive for member organizations to achieve
higher volume levels at PSX. The change is not unfairly discriminatory
because the resulting fee is equivalent to the fee charged with respect
to orders in securities listed on NASDAQ or NYSE. Finally, the fee
change does not unduly burden competition because affected member
organizations will continue to pay an access fee that is lower than the
base rate of $0.0030 per share executed, and therefore their ability to
compete will not be impacted; rather, they will continue to pay a
comparatively lower fee that reflects a volume-based discount,
conceptually similar to volume-based pricing incentives that are
provided by numerous other trading venues.
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    \7\ 17 CFR 242.610(c).
    \8\ Securities Exchange Act Release No. 51808 (June 9, 2005), 70
FR 37496, 37596 (June 29, 2005).
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    The change with respect to the fee charged for routable orders in
securities listed on venues other than NASDAQ or NYSE is reasonable
because it will make the applicable fee equivalent to the fee already
charged with respect to routable orders entered with respect to
securities listed on NASDAQ or NYSE. Moreover, the fee in question is
consistent with the requirements of SEC Rule 610(c) under Regulation
NMS.\9\ In adopting that rule, the Commission found that fees not in
excess of $0.0030 per share executed would promote the objective of
equal regulation and preventing excessive

fees.\10\ The change is consistent with an equitable allocation of fees
because the modified fee remains lower than the fee charged with
respect to non-routable orders not qualifying for a volume discount,
and therefore continues to provide a means by which member
organizations not qualifying for a volume tier may achieve a rate more
favorable than the undiscounted rate. The change is not unfairly
discriminatory because the resulting fee is equivalent to the fee
charged with respect to orders in securities listed on NASDAQ or NYSE.
Finally, the fee change does not unduly burden competition because
affected member organizations will continue to pay an access fee that
is lower than the base rate of $0.0030 per share executed, and
therefore their ability to compete will not be impacted; rather, they
will continue to pay a comparatively lower fee that reflects a discount
designed to encourage member organizations to use the routing services
of PSX.
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    \9\ 17 CFR 242.610(c).
    \10\ Securities Exchange Act Release No. 51808 (June 9, 2005),
70 FR 37496, 37596 (June 29, 2005).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Phlx does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.\11\ Phlx notes that
it operates in a highly competitive market in which market participants
can readily favor competing venues if they deem fee levels at a
particular venue to be excessive, or rebate opportunities available at
other venues to be more favorable. In such an environment, Phlx must
continually adjust its fees to remain competitive with other exchanges
and with alternative trading systems that have been exempted from
compliance with the statutory standards applicable to exchanges.
Because competitors are free to modify their own fees in response, and
because market participants may readily adjust their order routing
practices, Phlx believes that the degree to which fee changes in this
market may impose any burden on competition is extremely limited. In
this instance, Phlx is instituting a limited fee increase, but one that
is designed to make the fee schedule consistent across all securities.
If the changes are unattractive to market participants, it is likely
that PSX will lose market share as member organizations opt to trade
securities at other execution venues. Accordingly, Phlx does not
believe that the changes will impair the ability of member
organizations or competing order execution venues to maintain their
competitive standing in the financial markets.
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    \11\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \12\ and paragraph (f) of Rule 19b-4
thereunder.\13\ 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.
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2013-70 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2013-70. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2013-70 and should be
submitted on or before July 29, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-16229 Filed 7-5-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Pages 7695-7698]
[FR Doc No: 2022-02759]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1181; Project Identifier MCAI-2021-00562-R;
Amendment 39-21901; AD 2022-02-04]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Helicopters Model AS350B, AS350B2, AS350B3, and AS350BA
helicopters. This AD was prompted by a report that a modification of
the electrical wiring of the hydraulic system was wrongly embodied on
certain helicopters, and a wiring non-conformity caused the solenoid of
the tail rotor (TR) load compensator to de-energize when the ``HYD''
cut-off switch was activated. This AD requires installing a placard in
the cockpit, in full view of the pilots; a functional check of the main
rotor (MR) and TR servo actuator solenoids, and corrective actions
(modification) if necessary; a modification (unless already done); and,
after corrective actions or modification, optional removal of the
placard, as specified in a European Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD becomes effective February 25, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 25,
2022.
    The FAA must receive comments on this AD by March 28, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49
221 8999 000; email: [email protected]; internet: www.easa.europa.eu.
You may find this material on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2021-1181.

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-2021-
1181; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, 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: Darren Gassetto, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA Emergency AD 2021-0123-E, dated May 7,
2021 (EASA AD 2021-0123-E) (also referred to as the Mandatory
Continuing Airworthiness Information, or the MCAI), to correct an
unsafe condition for certain Airbus Helicopters Model AS350B, AS350B2,
AS350B3, and AS350BA helicopters.
    This AD was prompted by a report that a modification of the
electrical wiring of the hydraulic system was wrongly embodied on
certain helicopters, and a wiring non-conformity caused the solenoid of
the TR load compensator to de-energize when the ``HYD'' cut-off switch
was activated. The FAA is issuing this AD to address the unsafe
condition, which if not corrected, could lead to loss of hydraulic
power in TR control during application of the emergency procedure for
loss of MR hydraulic, or during hydraulic off training when the ``HYD''
cut-off switch is activated, possibly resulting in loss of control of
the helicopter. See the MCAI for additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2021-0123-E specifies procedures for installing a placard
in the cockpit, in full view of the pilots; a functional check of the
MR and TR servo actuator solenoids, and corrective actions
(modification) if necessary; a modification (unless already done); and,
after corrective actions or modification, optional removal of the
placard. This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

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

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2021-0123-E, 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 to use this process. As a result, EASA AD 2021-0123-E will
be incorporated by reference in the FAA final rule. This AD would,
therefore, require compliance with EASA AD 2021-0123-E in its entirety,
through that incorporation, except for any differences identified as
exceptions in the regulatory text of this AD. Using common terms that
are the same as the heading of a particular section in 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 2021-0123-E that
is required for compliance with EASA AD 2021-0123-E is available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-1181.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
foregoing reasons, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days.

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-1181; Project Identifier MCAI-
2021-00562-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the AD, explain the reason for
any recommended change, and include supporting data. The FAA will
consider all comments received by the closing date and may amend this
AD because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Darren
Gassetto, Aerospace Engineer, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
1600 Stewart Ave., Suite 410, Westbury, NY 11590; phone: (516) 228-
7323; email: [email protected]. Any commentary that the FAA
receives that is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Regulatory Flexibility Act (RFA)

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

Costs of Compliance

    Currently, there are no affected U.S.-registered helicopters. If an
affected helicopter is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Install Placard............................  1 work-hour x $85 per hour = $85...              $0             $85
Functional Check...........................  1 work-hour x $85 per hour = $85...               0              85
Modification...............................  2 work-hours x $85 per hour = $170.             500             670
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required inspections. The FAA has no way of determining the number of
helicopters that might need this on-condition action:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                  Action                                Labor cost                 Parts cost        product
----------------------------------------------------------------------------------------------------------------
Modification..............................  2 work-hours x $85 per hour = $170            $500             $670
----------------------------------------------------------------------------------------------------------------

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2022-02-04 Airbus Helicopters: Amendment 39-21901; Docket No. FAA-
2021-1181; Project Identifier MCAI-2021-00562-R.

(a) Effective Date

    This airworthiness directive (AD) becomes effective February 25,
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model AS350B, AS350B2,
AS350B3, and AS350BA helicopters, certificated in any category,
serial numbers 1241, 1525, 1601, 1708, 1825, 1910, 1973, 2056, 2072,
2361, 2394, 3170, 3223, 3479, 3789, 9005, 9010, and 9035.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2997, Hydraulic
Power System Wiring.

(e) Unsafe Condition

    This AD was prompted by a report that a modification of the
electrical wiring of the hydraulic system was wrongly embodied on
certain helicopters, and a wiring non-conformity caused the solenoid
of the tail rotor (TR) load compensator to de-energize when the
``HYD'' cut-off switch was activated. The FAA is issuing this AD to
address the unsafe condition, which if not corrected, could lead to
loss of hydraulic power in TR control during application of the
emergency procedure for loss of main rotor (MR) hydraulic, or during
hydraulic off training when the ``HYD'' cut-off switch is activated,
possibly resulting in loss of control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA)
Emergency AD 2021-0123-E, dated May 7, 2021 (EASA AD 2021-0123-E).

(h) Exceptions to EASA AD 2021-0123-E

    (1) Where EASA AD 2021-0123-E refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0123-E does not
apply to this AD.
    (3) Where EASA AD 2021-0123-E refers to flight hours (FH), this
AD requires using hours time-in-service.
    (4) Where Paragraph (1) of EASA AD 2021-0123-E specifies ``do
not perform any training of in-flight hydraulic off as specified in
FMS SUP.7,'' this AD requires installing a placard in the cockpit,
in full view of the pilots, with the specific statement ``Do not
perform any training of in-flight hydraulic off as specified in FMS
SUP.7.''
    (5) Where EASA AD 2021-0123-E refers to ``discrepancies,'' for
the purposes of this AD the definition of ``discrepancies'' is
failure of the functional check.
    (6) Where the service information referenced in EASA AD 2021-
0123-E specifies to scrap certain wires, this AD requires removing
those wires from service.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-
0123-E specifies to submit certain information to the manufacturer,
this AD does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k) of
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    For more information about this AD, contact Darren Gassetto,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; phone:<PHONE_NUMBER>;
email: [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) Emergency AD
2021-0123-E, dated May 7, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0123-E, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email:
[email protected]; internet: www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-1181.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 6, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-02759 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 49 (Wednesday, March 15, 2017)]
[Rules and Regulations]
[Page 13752]
[FR Doc No: 2017-05000]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 21

[Docket No. FAA-2016-9452]

Airworthiness Criteria: Glider Design Criteria for Stemme AG
Model Stemme S12 Powered Glider

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Airworthiness design criteria.

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SUMMARY: These airworthiness criteria are issued for the Stemme AG
model Stemme S12 powered glider. The Administrator finds the design
criteria, which make up the certification basis for the Stemme S12,
acceptable.

DATES: These airworthiness design criteria are effective April 14,
2017.

FOR FURTHER INFORMATION CONTACT: Mr. Jim Rutherford, Federal Aviation
Administration, Small Airplane Directorate, Aircraft Certification
Service, 901 Locust, Room 301, Kansas City, MO 64106, telephone (816)
329-4165, facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On January 08, 2016, Stemme AG submitted an application for type
validation of the Stemme S12 in accordance with the Technical
Implementation Procedures for Airworthiness and Environmental
Certification Between the FAA and the European Aviation Safety Agency
(EASA), Revision 5, dated September 15, 2015. The Stemme S12 is a two-
seat, self-launching, powered glider with a liquid cooled, turbocharged
engine mounted in the center fuselage, an indirect drive shaft, and a
fully-foldable, variable-pitch composite propeller in the nose. It is
constructed from glass and carbon fiber reinforced composites, features
a conventional T-type tailplane, and has a retractable main landing
gear. The glider has a maximum weight of 1,984 pounds (900 kilograms)
and may be equipped with an optional dual-axis autopilot system. EASA
type certificated the Stemme S12 under Type Certificate Number (No.)
EASA.A.054 on March 11, 2016. The associated EASA Type Certificate Data
Sheet (TCDS) No. EASA.A.054 defined the certification basis Stemme AG
submitted to the FAA for review and acceptance.
    The applicable requirements for glider certification in the United
States can be found in FAA Advisory Circular (AC) 21.17-2A, ``Type
Certification--Fixed-Wing Gliders (Sailplanes), Including Powered
Gliders,'' dated February 10, 1993. AC 21.17-2A has been the basis for
certification of gliders and powered gliders in the United States for
many years. AC 21.17-2A states that applicants may utilize the Joint
Aviation Requirements (JAR)-22, ``Sailplanes and Powered Sailplanes'',
or another accepted airworthiness criteria, or a combination of both,
as the accepted means for showing compliance for glider type
certification.

Type Certification Basis

    The applicant Certification Basis is based on EASA Certification
Specification (CS)-22, ``Sailplanes and Powered Sailplanes'', initial
issue, dated November 14, 2003. In addition to CS-22 requirements, the
applicant will comply with other requirements from the certification
basis referenced in EASA TCDS No. EASA.A.054, including special
conditions and equivalent safety findings.

Discussion of Comments

    Notice of proposed airworthiness design criteria for the Stemme AG
Stemme S12 powered glider was published in the Federal Register on
November 30, 2016 (81 FR 86296). No comments were received, therefore
these airworthiness design criteria are adopted as proposed.

The Airworthiness Design Criteria

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following airworthiness design criteria under the
special class provision of 14 CFR 21.17(b) as part of the type
certification basis for the Stemme AG Stemme S12 power glider:
    1. 14 CFR part 21, effective February 1, 1965, including amendments
21-1 through 21-93 as applicable.
    2. EASA CS-22, initial issue, dated November 14, 2003.
    3. EASA Special Condition No. SC-A.22.1.01, ``Increase in maximum
mass for sailplanes and powered sailplanes.''
    4. ``Preliminary Standard for the Substantiation of Indirect Drive
Shafts in Power Plants of Powered Sailplanes Certified to JAR-22''
(with a modification for the Stemme AG model Stemme S 10), Luftfahrt-
Bundesamt (LBA) document number (no.) I231-87, issued August 05, 1988.
    5. Installation of a Dual-Axis Autopilot System, including--
     EASA CS-VLA (Very Light Aeroplanes) 1309, ``Equipment,
systems, and installations''; initial issue, dated November 14, 2003;
and
     EASA CS-23.1329, ``Automatic pilot system'', amendment 3,
dated July 20, 2012.
    6. Drop Testing for Retractable Landing Gear (EASA equivalent
safety findings) to include CS-VLA 725, ``Limit drop tests''; CS-VLA
726, ``Ground load dynamic tests''; and CS-VLA 727, ``Reserve energy
absorption''; initial issue dated November 14, 2003.
    7. ``Standards for Structural Substantiation of Sailplane and
Powered Sailplane Parts Consisting of Glass or Carbon Fiber Reinforced
Plastics'', LBA document no. I4-FVK/91, issued July 1991.
    8. ``Guideline for the analysis of the electrical system for
powered sailplanes'', LBA document no. I334-MS 92, issued September 15,
1992.
    9. The following kinds of operation are allowed: VFR-Day.
    10. Date of application for FAA Type Certificate: January 08, 2016.

    Issued in Kansas City, Missouri on January 23, 2017.
Mel Johnson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-05000 Filed 3-14-17; 8:45 am]
 BILLING CODE 4910-13-P