[Federal Register Volume 87, Number 204 (Monday, October 24, 2022)]
[Rules and Regulations]
[Pages 64149-64152]
[FR Doc No: 2022-22703]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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

Federal Register / Vol. 87, No. 204 / Monday, October 24, 2022 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0813; Project Identifier MCAI-2021-01316-A;
Amendment 39-22194; AD 2022-20-10]
RIN 2120-AA64

Airworthiness Directives; Vulcanair S.p.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Vulcanair S.p.A. Model P.68, P.68B, P.68C, P.68C-TC, P.68 ``Observer,''
P.68TC ``Observer,'' P.68 ``Observer 2,'' and P.68R airplanes. This AD
results from mandatory continuing airworthiness information (MCAI)
originated by an aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI identifies
the unsafe condition as corrosion causing failure of the upper rudder
hinge. This AD requires repetitively inspecting the upper and lower
rudder hinges for corrosion, cracking, and damage, and depending on the
inspection results, taking corrective action. The FAA is issuing this
AD to address the unsafe condition on these products.

DATES: This AD is effective November 28, 2022.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 28,
2022.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-0813; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the MCAI, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule,
contact Vulcanair S.p.A., Fulvio Oloferni, via Giovanni Pascoli, 7,
80026 Naples, Italy; phone: +39 081 5918 135; email:
vulcanair.com">[email protected]vulcanair.com; website: vulcanair.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2022-0813.

FOR FURTHER INFORMATION CONTACT: John DeLuca, Aviation Safety Engineer,
General Aviation & Rotorcraft Section, International Validation Branch,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (516)
228-7369; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Vulcanair S.p.A.
Model P.68, P.68B, P.68C, P.68C-TC, P.68 ``Observer,'' P.68TC
``Observer,'' P.68 ``Observer 2,'' and P.68R airplanes. The NPRM
published in the Federal Register on July 8, 2022 (87 FR 40755). The
NPRM was prompted by AD 2021-0267, dated November 24, 2021 (referred to
after this as ``the MCAI''), issued by the European Union Aviation
Safety Agency (EASA), which is the Technical Agent for the Member
States of the European Union. The MCAI states:

    Occurrences were reported of failures of the upper rudder hinge
on P.68 aeroplanes due to corrosion, which can occur if the
aeroplane is operated in an environment which may favour the
formation of corrosion.
    This condition, if not detected and corrected, could interfere
with rudder movement and ultimately lead to failure, possibly
resulting in loss of control of the aeroplane.
    To address this potential unsafe condition, Vulcanair issued the
SL [Vulcanair Aircraft Alert Service Letter No. 23, Revision 2,
dated September 29, 2021] and updated the applicable AMM [Aircraft
Maintenance Manual], as defined in this [EASA] AD, to provide
inspection instructions.
    For the reason described above, this [EASA] AD requires
repetitive inspections of the upper and lower rudder hinges and,
depending on findings, accomplishment of applicable corrective
action(s).

    In the NPRM, the FAA proposed to require repetitively inspecting
the upper and lower rudder hinges for corrosion, cracking, and damage,
and depending on the inspection results, taking corrective action. The
FAA is issuing this AD to address the unsafe condition on these
products. You may examine the MCAI in the AD docket at regulations.gov
under Docket No. FAA-2022-0813.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA reviewed the relevant data and
determined that air safety requires adopting this AD as proposed.
Accordingly, the FAA is issuing this AD to address the unsafe condition
on these products. This AD is adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Vulcanair Aircraft Alert Service Letter No. 23,
Revision 2, dated September 29, 2021, which specifies procedures for
inspecting the upper and lower rudder hinges for corrosion, cracking,
and damage, and specifies contacting Vulcanair for instructions to
repair an affected rudder hinge. This service information also refers
to the applicable aircraft maintenance manuals for additional
inspection procedures. The FAA also reviewed the following service
information, which specifies procedures for maintaining various
structural parts.

These documents are distinct since they apply to different airplane
models.
     Section 6, Structures, of the Vulcanair Aircraft P.68C &
P.68C-TC Maintenance Manual, AMM10.702-1, Revision 7, dated May 11,
2021.
     Section 6, Structures, of the Vulcanair Aircraft P.68
Observer 2 & P.68TC Observer Maintenance Manual, AMM10.702-2, Revision
8, dated November 11, 2021.
     Section 6, Structures, of the Vulcanair Aircraft P.68R
Maintenance Manual, AMM10.702-3, Revision 12, dated December 12, 2019.
     Section C, Airframe, of the Vulcanair Aircraft P68C
Maintenance Manual, NOR10.709-1B, Revision 9, dated August 30, 2017.
     Section C, Airframe, of the Vulcanair Aircraft P68-TC
Observer Maintenance Manual, NOR10.709-4A, Revision 4, dated March 15,
2018.
     Section B, Structure, of the Vulcanair Aircraft A/C P68B
Victor Maintenance Manual, NOR.10.709-9, Revision 16, dated September
22, 2017.
     Section C, Airframe, of the Vulcanair Aircraft P68
Observer 2 Maintenance Manual, NOR10.709-10, Revision 5, dated October
23, 2017.
    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.

Differences Between This AD and the MCAI

    The MCAI applies to Model P.68 ``Victor,'' P.68B ``Victor,'' and
P.68R ``Victor'' airplanes, which are identified on the FAA type
certificate as Model P.68, P.68B, and P.68R airplanes, respectively.
    The MCAI requires contacting Vulcanair for approved repair
instructions, while this AD does not.

Costs of Compliance

    The FAA estimates that this AD affects 14 airplanes of U.S.
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per airplane       operators
----------------------------------------------------------------------------------------------------------------
Visual inspection of upper and    2 work-hours x $85  Not applicable....  $170 per            $2,380 per
 lower rudder hinges.              per hour = $170.                        inspection cycle.   inspection cycle.
Disassembly for dye inspection    7 work-hours x $85  Not applicable....  $595 per            $8,330 per
 of the top rudder hinge           per hour = $595.                        inspection cycle.   inspection cycle.
 (bracket).
Disassembly for dye inspection    8 work-hours x $85  Not applicable....  $680 per            $9,520 per
 for the lower rudder hinge        per hour = $680.                        inspection cycle.   inspection cycle.
 (control tube).
Dye inspection of upper and       2 work-hours x $85  Not applicable....  $170 per            $2,380 per
 lower rudder hinges (post         per hour = $170.                        inspection cycle.   inspection cycle.
 disassembly).
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary actions
that would be required based on the results of the inspection. The FAA
has no way of determining the number of airplanes that might need these
actions.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost       airplane
----------------------------------------------------------------------------------------------------------------
Replacement of the top rudder hinge (bracket).  7 work-hours x $85 per hour =               $320            $915
                                                 $595.
Replacement of the lower rudder hinge (control  8 work-hours x $85 per hour =              1,020           1,700
 tube).                                          $680.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

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:

2022-20-10 Vulcanair S.p.A.: Amendment 39-22194; Docket No. FAA-
2022-0813; Project Identifier MCAI-2021-01316-A.

(a) Effective Date

    This airworthiness directive (AD) is effective November 28,
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Vulcanair S.p.A. Model P.68, P.68B, P.68C,
P.68C-TC, P.68 ``Observer,'' P.68TC ``Observer,'' P.68 ``Observer
2,'' and P.68R airplanes, all serial numbers (S/Ns), certificated in
any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5540, Rudder
Structure.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI identifies the unsafe condition as corrosion
causing failure of the upper rudder hinge. The FAA is issuing this
AD to address damage of the upper and lower rudder hinges. This
condition, if not addressed, could result in interference with the
rudder movement and lead to failure of the rudder, which could
result in loss of control of the airplane.

(f) Compliance

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

(g) Required Actions

    Within 200 hours time-in-service (TIS) after the effective date
of this AD or within 12 months after the effective date of this AD,
whichever occurs first, and thereafter at intervals not to exceed
200 hours TIS or 12 months, whichever occurs first, inspect the
upper and lower rudder hinges for looseness, corrosion, cracking,
and damage in accordance with steps 1 through 4 of Vulcanair
Aircraft Alert Service Letter No. 23, Revision 2, dated September
29, 2021.
    (1) If there is no looseness, no corrosion, no cracking, and no
damage, do the actions in paragraphs (g)(1)(i) and (ii) of this AD.
    (i) Remove the rudder by following the removal procedure for
your airplane identified in table 1 to paragraph (g)(1)(i) of this
AD.

Table 1 to Paragraph (g)(1)(i)--Applicable Maintenance Manuals (MMs) for
                             Rudder Removal
------------------------------------------------------------------------
                                  Vulcanair MM rudder
        Airplane model             removal procedure      Airplane S/N
------------------------------------------------------------------------
P.68 and P.68B................  Paragraph 6.2, Removal  All S/Ns.
                                 and Installation of
                                 the Rudder, of
                                 Chapter 6--Vertical
                                 Empennage, of Section
                                 B, Structure, of the
                                 Vulcanair Aircraft A/
                                 C P68B Victor
                                 Maintenance Manual,
                                 NOR.10.709-9,
                                 Revision 16, dated
                                 September 22, 2017.
P.68R.........................  Paragraph 6.2, Removal  S/N 40 and S/N
                                 and Installation of     430.
                                 the Rudder, of
                                 Chapter 6--Vertical
                                 Empennage, of Section
                                 B, Structure, of the
                                 Vulcanair Aircraft A/
                                 C P68B Victor
                                 Maintenance Manual,
                                 NOR.10.709-9,
                                 Revision 16, dated
                                 September 22, 2017.
                                Paragraph 3.2.13,       S/N 453 and
                                 Removal of Rudder, of   larger.
                                 Section 6,
                                 Structures, of the
                                 Vulcanair Aircraft
                                 P.68R Maintenance
                                 Manual, AMM10.702-3,
                                 Revision 12, dated
                                 December 12, 2019.
P.68C.........................  Paragraph 5.10,         S/N up to and
                                 Removal of the          including S/N
                                 Rudder, of Section C,   460.
                                 Airframe, of the
                                 Vulcanair Aircraft
                                 P68C Maintenance
                                 Manual, NOR10.709-1B,
                                 Revision 9, dated
                                 August 30, 2017.
                                Paragraph 3.2.13,       S/N 462 and
                                 Removal of Rudder, of   larger.
                                 Section 6,
                                 Structures, of the
                                 Vulcanair Aircraft
                                 P.68C & P.68C-TC
                                 Maintenance Manual,
                                 AMM10.702-1, Revision
                                 7, dated May 11, 2021.
P.68C-TC......................  Paragraph 5.10,         S/N up to and
                                 Removal of the          including S/N
                                 Rudder, of Section C,   392.
                                 Airframe, of the
                                 Vulcanair Aircraft
                                 P68C Maintenance
                                 Manual, NOR10.709-1B,
                                 Revision 9, dated
                                 August 30, 2017.
                                Paragraph 3.2.13,       S/N 467 and
                                 Removal of Rudder, of   larger.
                                 Section 6,
                                 Structures, of the
                                 Vulcanair Aircraft
                                 P.68C & P.68C-TC
                                 Maintenance Manual
                                 AMM10.702-1, Revision
                                 7, dated May 11, 2021.
P.68 Observer.................  Paragraph 5.10,         All S/Ns.
                                 Removal of the
                                 Rudder, of Section C,
                                 Airframe, of the
                                 Vulcanair Aircraft
                                 P68C Maintenance
                                 Manual, NOR10.709-1B,
                                 Revision 9, dated
                                 August 30, 2017.
P.68 Observer 2...............  Paragraph 5.10,         S/N up to and
                                 Removal of Rudder, of   including S/N
                                 Section C, Airframe,    451.
                                 of the Vulcanair
                                 Aircraft P68 Observer
                                 2 Maintenance Manual,
                                 NOR10.709-10,
                                 Revision 5, dated
                                 October 23, 2017.
                                Paragraph 3.2.13,       S/N 465 and
                                 Removal of Rudder, of   larger.
                                 Section 6,
                                 Structures, of the
                                 Vulcanair Aircraft
                                 P.68 Observer 2 &
                                 P.68TC Observer
                                 Maintenance Manual,
                                 AMM10.702-2, Revision
                                 8, dated November 11,
                                 2021.
P.68TC Observer...............  Paragraph 5.10,         S/N up to and
                                 Removal of the          including S/N
                                 Rudder, of Section C,   394.
                                 Airframe, of the
                                 Vulcanair Aircraft
                                 P68C Maintenance
                                 Manual, NOR10.709-1B,
                                 Revision 9, dated
                                 August 30, 2017.
                                Paragraph 5.10,         S/N 400 up to
                                 Removal of Rudder, of   and including S/
                                 Section C, Airframe,    N 461.
                                 of the Vulcanair
                                 Aircraft P68-TC
                                 Observer Maintenance
                                 Manual, NOR10.709-4A,
                                 Revision 4, dated
                                 March 15, 2018.
                                Paragraph 3.2.13,       S/N 481 and
                                 Removal of Rudder, of   larger.
                                 Section 6,
                                 Structures, of the
                                 Vulcanair Aircraft
                                 P.68 Observer 2 &
                                 P.68TC Observer
                                 Maintenance Manual,
                                 AMM10.702-2, Revision
                                 8, dated November 11,
                                 2021.
------------------------------------------------------------------------

    (ii) Perform a dye penetrant inspection of the hinges, paying
particular attention to the pivot/attachment holes, using a dye
penetrant solution for manual non-destructive testing using the
following:
    (A) Penetrant System: TYPE II (Visible Dye);
    (B) METHOD C (Solvent Removable);
    (C) Developer: FORM D (Non-aqueous); or
    (D) Solvent Remover: CLASS 1 (Halogenated).
    (2) If there is any looseness, corrosion, cracking, or damage,
replace the hinge before further flight.

(h) Special Flight Permit

    Special flight permits are prohibited.

(i) 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
certification office, send it to the attention of the person
identified in paragraph (j)(1) of this AD and email 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.

(j) Additional Information

    (1) For more information about this AD, contact John DeLuca,
Aviation Safety Engineer, General Aviation & Rotorcraft Section,
International Validation Branch, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone:<PHONE_NUMBER>; email:
[email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD
2021-0267, dated November 24, 2021, for more information. You may
view the EASA AD at regulations.gov in Docket No. FAA-2022-0813.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Vulcanair Aircraft Alert Service Letter No. 23, Revision 2,
dated September 29, 2021.
    (ii) Section 6, Structures, of the Vulcanair Aircraft P.68C &
P.68C-TC Maintenance Manual, AMM10.702-1, Revision 7, dated May 11,
2021.
    (iii) Section 6, Structures, of the Vulcanair Aircraft P.68
Observer 2 & P.68TC Observer Maintenance Manual, AMM10.702-2,
Revision 8, dated November 11, 2021.
    (iv) Section 6, Structures, of the Vulcanair Aircraft P.68R
Maintenance Manual, AMM10.702-3, Revision 12, dated December 12,
2019.
    (v) Section C, Airframe, of the Vulcanair Aircraft P68C
Maintenance Manual, NOR10.709-1B, Revision 9, dated August 30, 2017.
    (vi) Section C, Airframe, of the Vulcanair Aircraft P68-TC
Observer Maintenance Manual, NOR10.709-4A, Revision 4, dated March
15, 2018.
    (vii) Section B, Structure, of the Vulcanair Aircraft A/C P68B
Victor Maintenance Manual, NOR.10.709-9, Revision 16, dated
September 22, 2017.
    (viii) Section C, Airframe, of the Vulcanair Aircraft P68
Observer 2 Maintenance Manual, NOR10.709-10, Revision 5, dated
October 23, 2017.
    (3) For service information identified in this AD, contact
Vulcanair S.p.A., Fulvio Oloferni, via Giovanni Pascoli, 7, 80026
Naples, Italy; phone: +39 081 5918 135; email:
vulcanair.com">[email protected]vulcanair.com; website: vulcanair.com.
    (4) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust, Kansas
City, MO 64106. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information 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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 19, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-22703 Filed 10-21-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 28, 2009 (Volume 74, Number 143)]
[Rules and Regulations]
[Page 37176]
[DOCID:fr28jy09-8]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2009-0116]
RIN 2127-AK35

Federal Motor Vehicle Safety Standards; Door Locks and Door
Retention Components, Correction

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Final rule; correction.

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SUMMARY: NHTSA published in the Federal Register of July 20, 2009, a
document delaying the compliance date of the sliding door provisions of
a February 6, 2007 final rule. The regulatory text adopted by that
document contained errors. This document corrects those errors.

DATES: Effective on September 1, 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Sarah Alves, NHTSA Office of the
Chief Counsel, DOT, 1200 New Jersey Avenue, SE., Washington, DC 20590,
telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    NHTSA published in the Federal Register of July 20, 2009 (74 FR
35131), a document delaying the compliance date of the sliding door
provisions of a February 6, 2007 final rule (FR Doc. E9-17078). In the
regulatory text adopted by that document, in S<IP_ADDRESS>, a statement
erroneously reads: ``This S<IP_ADDRESS> applies to vehicle manufactured on
or after September 1, 2010.'' The statement should read: ``This S4.2.2
applies to vehicles manufactured on or after September 1, 2010.'' This
document corrects that error.

Correction of Publication

    In rule FR Doc. E9-17078 published on July 20, 2009 (74 FR 35131),
make the following correction. On page 35135, in the third column,
S<IP_ADDRESS> is corrected to read as follows:
    S<IP_ADDRESS> This S4.2.2 applies to vehicles manufactured on or after
September 1, 2010.

    Issued: July 23, 2009.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E9-17918 Filed 7-27-09; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Proposed Rules]
[Pages 12753-12754]
[FR Doc No: 2017-04371]

========================================================================
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. 82, No. 43 / Tuesday, March 7, 2017 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0174; Directorate Identifier 2014-SW-059-AD]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada Limited

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Bell Helicopter Textron Canada Limited (Bell) Model 429 helicopters.
This proposed AD would reduce the life limit of certain landing gear
parts and is prompted by a stress analysis. The proposed actions are
intended to address an unsafe condition on these products.

DATES: We must receive comments on this proposed AD by May 8, 2017.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

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-2017-
0174; or in person at the Docket Operations Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the Transport Canada AD, the economic
evaluation, any comments received, and other information. The street
address for the Docket Operations Office (telephone<PHONE_NUMBER>) is in
the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
    For service information identified in this proposed rule, contact
Bell Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir,
Mirabel, Quebec J7J1R4; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(450) 433-0272; or at http://www.bellcustomer.com/files/. You may
review the referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    Transport Canada, which is the aviation authority for Canada, has
issued AD No. CF-2014-28, dated August 19, 2014, to correct an unsafe
condition for Bell Model 429 helicopters, serial numbers 57001 and
subsequent. Transport Canada advises that Bell has reduced the life
limits of several landing gear components and accordingly revised the
airworthiness limitations schedule for Model 429 helicopters. The
reduced life limits resulted from a stress analysis completed by Bell
after the introduction of the Model 429 helicopter to service. While
the reduced life limits were originally published in Revision 9 of the
Bell Model 429 maintenance manual, Transport Canada AD No. CF-2014-28
requires inserting the new airworthiness limitations schedule in
Revision 10 of the Bell Model 429 maintenance manual. Transport Canada
states that failure to replace those components prior to the
established airworthiness life could result in an unsafe condition.

FAA's Determination

    These helicopters have been approved by the aviation authority of
Canada and are approved for operation in the United States. Pursuant to
our bilateral agreement with Canada, Transport Canada, its technical
representative, has notified us of the unsafe condition described in
its AD. We are proposing this AD because we evaluated all known
relevant information and determined that an unsafe condition is likely
to exist or develop on other products of the same type design.

Related Service Information

    We reviewed Bell Model 429 Maintenance Manual BHT-429-MM-1, Chapter
4, Airworthiness Limitations Schedule, Revision 9, dated January 6,
2012, which specifies airworthiness life limits and inspection
intervals for parts installed on Model 429 helicopters. Revision 9
reduced the life limits for the skid tube assemblies, forward crosstube
assembly, and aft crosstube assembly.

Proposed AD Requirements

    This proposed AD would reduce the life limit of certain landing
gear parts by requiring the removal from service of

any part that has reached or exceeded its new life limit before further
flight.

Costs of Compliance

    We estimate that this proposed AD would affect 71 helicopters of
U.S. Registry. We estimate that operators may incur the following costs
in order to comply with this AD. Labor costs are estimated at $85 per
work-hour. Calculating the life limit would take about 0.25 work-hour
for an estimated cost of $21 per helicopter and $1,491 for the U.S.
fleet. Replacing a skid tube assembly would take about 2 work-hours and
parts would cost about $7,050 for an estimated replacement cost of
$7,220. Replacing a forward cross tube assembly would take about 1.5
work-hours and parts would cost about $5,880 for an estimated
replacement cost of $6,008. Replacing an aft tube assembly would take
about 1.5 work-hours and parts would cost $6,710 for an estimated
replacement cost of $6,838.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed, 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 to the extent that
it justifies making a regulatory distinction; 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.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

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):

Bell Helicopter Textron Canada Limited: Docket No. FAA-2017-0174;
Directorate Identifier 2014-SW-059-AD.

(a) Applicability

    This AD applies to Bell Helicopter Textron Canada Limited Model
429 helicopters, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a landing gear part
remaining in service beyond its fatigue life. This condition could
result in failure of a landing gear part, failure of a landing gear
skid, and subsequent loss of control of the helicopter during
takeoff or landing.

(c) Comments Due Date

    We must receive comments by May 8, 2017.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    Before further flight, determine the accumulated retirement
index number (RIN) for each part and remove it from service if it
has reached or exceeded its life limit as follows. Thereafter,
remove each part from service on or before reaching its life limit.
For purposes of this AD, a run-on landing is defined as a landing
with forward ground travel of the helicopter greater than 3 feet
(0.91 m) with weight on skids.
    (1) For Skid Tube Assembly part number (P/N) 429-700-101, 429-
700-102, and 429-030-586-107: 16,000 RIN. Count 1 RIN for each
landing; count 81 RIN for each run-on landing; and count 117 RIN for
each autorotation landing.
    (2) For Forward Crosstube Assembly P/N 429-712-101: 10,000 RIN.
Count 1 RIN for each landing; count 50 RIN for each run-on landing;
and count 118 RIN for each autorotation landing.
    (3) Aft Crosstube Assembly P/N 429-723-108: 30,000 RIN. Count 1
RIN for each landing; count 32 RIN for each run-on landing; and
count 186 RIN for each autorotation landing.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Matt Fuller, Senior Aviation
Safety Engineer, Safety Management Group, Rotorcraft Directorate,
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817)
222-5110; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    (1) Bell 429 Maintenance Manual BHT-429-MM-1, Volume 1, Chapter
4, Revision 9, dated January 6, 2012, which is not incorporated by
reference, contains additional information about the subject of this
AD. For service information identified in this AD, contact Bell
Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel,
Quebec J7J1R4; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax (450)
433-0272; or at http://www.bellcustomer.com/files/. You may review
the referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177.
    (2) The subject of this AD is addressed in Transport Canada AD
No. CF-2014-28, dated August 19, 2014. You may view the Transport
Canada AD on the Internet at http://www.regulations.gov in the AD
Docket.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 3200, Landing Gear
System.

    Issued in Fort Worth, Texas, on February 27, 2017.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2017-04371 Filed 3-6-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: May 21, 2008 (Volume 73, Number 99)]
[Rules and Regulations]
[Page 29405-29407]
[DOCID:fr21my08-4]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0037; Directorate Identifier 2007-NE-41-AD;
Amendment 39-15521; AD 2008-10-14]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd. & Co. KG.
(RRD) TAY 650-15 Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Strip results from some of the engines listed in the
applicability section of this directive revealed excessively
corroded low pressure turbine disks stage 2 and stage 3. The
corrosion is considered to be caused by the environment in which
these engines are operated. Following a life assessment based on the
strip findings it is concluded that inspections for corrosion attack
are required. The action specified by this AD is intended to avoid a
failure of a low pressure turbine disk stage 2 or stage 3 due to
potential corrosion problems which could result in uncontained
engine failure and damage to the airplane.

We are issuing this AD to detect corrosion that could cause stage 2 or
stage 3 disk of the low pressure turbine to fail and result in an
uncontained failure of the engine.

DATES: This AD becomes effective June 25, 2008. The Director of the
Federal Register approved the incorporation by reference of certain
publications listed in this AD as of June 25, 2008.

ADDRESSES: The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: Jason Yang, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on January 2, 2008 (73
FR 75). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states that:

    Strip results from some of the engines listed in the
applicability section of this directive revealed excessively
corroded low pressure turbine disks stage 2 and stage 3. The
corrosion is considered to be caused by the environment in which
these engines are operated. Following a life assessment based on the
strip findings it is concluded that inspections for corrosion attack
are required.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Editorial Change To Clarify the Actions and Compliance Section

    We added the revision date of September 1, 2006, to paragraph
(e)(1) to clarify the requirements to that paragraph. Also, we added
Tasks 72-52-23-200-000 and 72-52-24-200-000 to paragraph (e)(3) to
clarify the requirements of that paragraph.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about two engines installed on airplanes of U.S. registry.
We also estimate that it would take about 1.0 work-hours per product to
inspect the disk, and that the average labor rate is $80 per work-hour.
If corrosion is found, we estimate that it would take about 2 work-
hours to replace the disk. Required parts would cost about $40,000 per
product. Based on these

figures, we estimate the total cost of the proposed AD to U.S.
operators to be $80,480. Our cost estimate is exclusive of possible
warranty coverage.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2008-10-14 Rolls-Royce Deutschland Ltd & Co KG (RRD) (formerly
Rolls-Royce plc, Derby, England): Amendment 39-15521. FAA-2007-0037;
Directorate Identifier 2007-NE-41-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 25,
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to RRD TAY 650-15 turbofan engines that have
a serial number listed in Table 1 of this AD, and low pressure
turbine module M05300AA installed. These engines are installed on,
but not limited to, Fokker F28 Mark 0100 airplanes.

         Table 1.--Affected TAY 650-15 Engines by Serial Number
------------------------------------------------------------------------
                            Engine Serial No.
-------------------------------------------------------------------------
17251
17255
17256
17273
17275
17280
17281
17282
17300
17301
17327
17332
17365
17393
17437
17443
17470
17520
17521
17523
17539
17542
17556
17561
17562
17563
17580
17581
17612
17618
17635
17637
17645
17661
17686
17699
17701
17702
17736
17737
17738
17739
17741
17742
17808
------------------------------------------------------------------------

Reason

    (d) Strip results from some of the engines listed in the
applicability section of this directive revealed excessively
corroded low pressure turbine disks stage 2 and stage 3. The
corrosion is considered to be caused by the environment in which
these engines are operated. Following a life assessment based on the
strip findings it is concluded that inspections for corrosion attack
are required. The action specified by this AD is intended to avoid a
failure of a low pressure turbine disk stage 2 or stage 3 due to
potential corrosion problems which could result in uncontained
engine failure and damage to the airplane.

    We are issuing this AD to detect corrosion that could cause
stage 2 or stage 3 disk of the low pressure turbine to fail and
result in an uncontained failure of the engine.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) Prior to accumulating 11,700 flight cycles (FC) since new,
and thereafter at intervals not exceeding 11,700 FC of the engine,
inspect the low pressure turbine disks stage 2 and stage 3 for
corrosion in accordance with RRD Alert Service Bulletin TAY-72-
A1524, Revision 1, dated September 1, 2006.

    (2) For engines that already exceed 11,700 FC on the effective
date of this AD, perform the inspection within 90 days after the
effective date of this AD.

    (3) When, during any of the inspections as required by paragraph
(e)(1) of this directive, corrosion is found, replace the affected
parts. The RRD TAY 650 Engine Manual--E-TAY-3RR, Tasks 72-52-23-200-
000 and 72-52-24-200-000 contains information on performing the
inspection for corrosion and rejection criteria.

Other FAA AD Provisions

    (f) Alternative Methods of Compliance (AMOCs): The Manager,
Engine Certification Office, FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures found in 14 CFR
39.19.

Related Information

    (g) Refer to EASA Airworthiness Directive 2006-0288, dated
September 15, 2006, and RRD Alert Service Bulletin TAY-72-A1524,
Revision 1, dated September 1, 2006, for related information.
    (h) Contact Jason Yang, Aerospace Engineer, Engine Certification
Office, FAA, Engine & Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803; e-mail<EMAIL_ADDRESS>
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>, for more information
about this AD.

Material Incorporated by Reference

    (i) You must use Rolls-Royce Deutschland Alert Service Bulletin
TAY-72-A1524, Revision 1, dated September 1, 2006, to do the actions
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, Dahlwitz, 15827
Blankenfelde-Mahlow, Germany; telephone 49 (0) 33-7086-1768; fax 49
(0) 33-7086-3356.
    (3) You may review copies at the FAA, New England Region, 12 New
England Executive Park, Burlington, MA; or at the National Archives
and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go
to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on May 5, 2008.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
 [FR Doc. E8-10633 Filed 5-20-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 39 (Wednesday, March 1, 2017)]
[Notices]
[Page 12253]
[FR Doc No: 2017-03982]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80098; File No. SR-Nasdaq-2016-120]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Designation of a Longer Period for Commission Action on
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change, as Modified by Amendment No. 2, To Amend Rules 7034 and
7051 To Establish the Third Party Connectivity Service

February 24, 2017.
    On August 16, 2016, the Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) \1\ of the Securities
Exchange Act of 1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ a
proposed rule change to establish the Third Party Connectivity Service
under Rules 7034 and 7051. The proposed rule change was published for
comment in the Federal Register on September 2, 2016.\4\ The Commission
received one comment letter regarding the proposal.\5\ Nasdaq responded
to the comment letter.\6\ On October 5, 2016, the Commission designated
a longer period for Commission action on the proposed rule change.\7\
Subsequently, the Commission received three additional comment letters
regarding the proposal: One from Virtu Financial, another from Bats
responding to Nasdaq's Letter, and a third from SIFMA.\8\ On November
30, 2016, the Commission instituted proceedings under Section
19(b)(2)(B) of the Act \9\ to determine whether to approve or
disapprove the proposed rule change.\10\ Thereafter the Commission
received four comment letters.\11\ On January 26, 2017, the Exchange
filed Amendment No. 1 to the proposal,\12\ and responded to comments
from IEX, SIFMA, KCG Holdings, and Citadel Securities regarding the
proposed rule change.\13\ On January 31, the Exchange withdrew
Amendment No. 1 and on the same date filed Amendment No. 2 to the
proposed rule change.\14\ Thereafter, the Commission received two
comment letters: One from Bats\15\ and another from IEX.\16\
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ See Securities Exchange Act Release No. 78713 (August 29,
2016), 81 FR 60768 (``Notice'').
    \5\ See letter from Eric Swanson, Esq., General Counsel, Bats
Global Markets, Inc., to Brent J. Fields, Secretary, Securities and
Exchange Commission, dated September 12, 2016 (``Bats Letter'').
    \6\ See letter from Jeffrey S. Davis, Vice President and General
Counsel, Nasdaq Stock Market LLC, to Brent J. Fields, Secretary,
Commission, dated October 4, 2016 (``Nasdaq Letter'').
    \7\ See Securities Exchange Act Release No. 79049, 81 FR 70452
(October 12, 2016).
    \8\ See letters from Douglas A. Cifu, Chief Executive Officer,
Virtu Financial, dated October 6, 2016, Eric Swanson, General
Counsel, Bats Global Markets, Inc., dated October 12, 2016, and
Melissa McGregor, Managing Director and Associate General Counsel,
Securities Industry and Financial Markets Association (``SIFMA''),
dated November 23, 2016, to Brent J. Fields, Secretary, Commission.
    \9\ 15 U.S.C. 78s(b)(2)(B).
    \10\ See Securities Exchange Act Release No. 79431, 81 FR 87981
(December 6, 2016) (``OIP''). Specifically, the Commission
instituted proceedings to allow for additional analysis of, and
input from commenters with respect to, the proposed rule change's
consistency with Sections 6(b)(4), 6(b)(5) and 6(b)(8) of the Act.
See id., 81 FR at 97983.
    \11\ See letters from John Ramsay, Chief Market Policy Officer,
IEX Group, Inc., dated December 9, 2016, Melissa McGregor, Managing
Director and Associate General Counsel, SIFMA, dated December 20,
2016, John A. McCarthy, General Counsel, KCG Holdings, Inc., dated
December 23, 2016, and Adam C. Cooper, Senior Managing Director and
Chief Legal Officer, Citadel Securities, dated December 27, 2016, to
Brent J. Fields, Secretary, Commission.
    \12\ See letter from T. Sean Bennett, Principal Associate
General Counsel, Nasdaq Inc., to Brent J. Fields, Secretary,
Commission, dated January 26, 2017.
    \13\ See letter from T. Sean Bennett, Principal Associate
General Counsel, Nasdaq Inc., to Brent J. Fields, Secretary,
Commission, dated January 26, 2017.
    \14\ See letter from T. Sean Bennett, Principal Associate
General Counsel, Nasdaq Inc., to Brent J. Fields, Secretary,
Commission, dated January 31, 2017. Amendment No. 2 is available on
the Commission's Web site at https://www.sec.gov/comments/sr-nasdaq-2016-120/nasdaq2016120-1545779-131353.pdf.
    \15\ See letter from Eric Swanson, Esq., General Counsel, Bats
Global Markets, Inc., to Brent J. Fields, Secretary, Commission,
dated February 6, 2017.
    \16\ See letter from John Ramsay, Chief Market Policy Officer,
IEX Group, Inc., to Brent J. Fields, Secretary Commission, dated
February 15, 2017.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \17\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule change not later than 180 days after
the date of publication of notice of the filing of the proposed rule
change. The Commission may, however, extend the period for issuing an
order approving or disapproving the proposed rule change by not more
than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for such determination. The
proposed rule change was published for notice and comment in the
Federal Register on September 2, 2016.\18\ The 180th day after
publication of the notice of the filing of the proposed rule change in
the Federal Register is March 1, 2017.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(2).
    \18\ See Notice.
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to issue an order approving or disapproving the
proposed rule change, as modified by Amendment No. 2, so that it has
sufficient time to consider the proposal and the issues raised by the
commenters.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\19\ designates April 28, 2017, as the date by which the Commission
shall either approve or disapprove the proposed rule change (File No.
SR-Nasdaq-2016-120).
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
Robert W. Errett,
Deputy Secretary.
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

[FR Doc. 2017-03982 Filed 2-28-17; 8:45 am]
BILLING CODE 8011-01-P