[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)]
[Notices]
[Pages 58680-58681]
[FR Doc No: 2017-26868]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0389; FMCSA-2012-0094; FMCSA-2013-0107; FMCSA-
2014-0381; FMCSA-2015-0116]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

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

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SUMMARY: FMCSA announces its decision to renew exemptions for six
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.

DATES: The exemptions were applicable on November 6, 2017. The
exemptions expire on November 6, 2019. Comments must be received on or
before January 12, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
e.t., Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2011-0389; FMCSA-2012-0094;
FMCSA-2013-0107; FMCSA-2014-0381; FMCSA-2015-0116; using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day e.t.,
365 days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the five-year period. FMCSA
grants exemptions from the FMCSRs for a two-year period to align with
the maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs
3, 4, and 5.]
    The six individuals listed in this notice have requested renewal of
their exemptions from the epilepsy and seizure disorders prohibition in
49 CFR 391.41(b)(8), in accordance with FMCSA procedures. Accordingly,
FMCSA has evaluated these applications for renewal on their merits and
decided to extend each exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

III. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the six
applicants has satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The six
drivers in this notice remain in good standing with the Agency, have
maintained their medical monitoring and have not exhibited any medical
issues that would compromise their ability to safely operate a CMV
during the previous two-year exemption period. In addition, for
Commercial Driver's License (CDL) holders, the Commercial Driver's
License Information System (CDLIS) and the Motor Carrier Management
Information System (MCMIS) are searched for crash and violation data.
For non-CDL holders, the Agency reviews the driving records from the
State Driver's Licensing Agency (SDLA). These factors provide an
adequate basis for predicting each driver's ability to continue to
safely operate a CMV in interstate commerce. Therefore, FMCSA concludes
that extending the exemption for each renewal applicant for a period of
two years is likely to achieve a level of safety equal to that existing
without the exemption.
    As of November 6, 2017, and in accordance with 49 U.S.C. 31136(e)
and

31315, the following six individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:

Christopher Bird, (OH)
Ronald Bohr, (IA)
Michael Breitbach, (IA)
William H. Brown, (NC)
Joseph D'Angelo, (NY)
Stephen Stawinsky, (PA)

    The drivers were included in docket numbers FMCSA-2011-0389; FMCSA-
2012-0094; FMCSA-2013-0107; FMCSA-2014-0381; FMCSA-2015-0116. Their
exemptions are applicable as of November 6, 2017, and will expire on
November 6, 2019.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must remain seizure-free and maintain a stable
treatment during the two-year exemption period; (2) each driver must
submit annual reports from their treating physicians attesting to the
stability of treatment and that the driver has remained seizure-free;
(3) each driver must undergo an annual medical examination by a
certified Medical Examiner, as defined by 49 CFR 390.5; and (4) each
driver must provide a copy of the annual medical certification to the
employer for retention in the driver's qualification file, or keep a
copy of his/her driver's qualification file if he/she is self-employed.
The driver must also have a copy of the exemption when driving, for
presentation to a duly authorized Federal, State, or local enforcement
official. The exemption will be rescinded if: (1) The person fails to
comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315.

V. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the six exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the epilepsy
and seizure disorders prohibition in 49 CFR 391.41 (b)(8). In
accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be
valid for two years unless revoked earlier by FMCSA.

    Issued on: December 6, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-26868 Filed 12-12-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 222 (Monday, November 22, 2021)]
[Notices]
[Pages 66300-66301]
[FR Doc No: 2021-25426]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OARM-2018-0229; FRL-9293-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Monthly Progress Reports (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), Monthly Progress Reports (EPA ICR
Number 1039.16, OMB Control Number 2030-0005) to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act. This is a proposed extension of the ICR,
which is currently approved through January 31, 2022. Public comments
were previously requested via the Federal Register (86 FR 16348) on
March 29, 2021, during a 60-day comment period. This notice allows for
an additional 30 days for public comments. A fuller description of the
ICR is given below, including its estimated burden and cost to the
public. An agency may not conduct or sponsor and a person is not
required to respond to a collection of information unless it displays a
currently valid OMB control number.

DATES: Additional comments may be submitted on or before December 22,
2021.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OARM-2018-0229, online using www.regulations.gov (our preferred method)
or by mail to: EPA Docket Center, Environmental Protection Agency, Mail
Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Shakethia Allen, Policy, Training and
Oversight Division, Office of Acquisition Solutions (3802R),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: Appropriate Government surveillance of contractor
performance is required to give reasonable assurance that efficient
methods and effective cost controls are being used for various cost-
reimbursable and fixed-rate contracts. Per 48 CFR 1552.211 regulations,
on a monthly basis the Agency requires contractors to provide the
Contracting Officer's Representative (COR) with a report detailing: (a)
What was accomplished on the contract for that period, (b) expenditures
for the same period of time, and (c) what is expected to be
accomplished on the contract for the next month. Responses to the
information collection are mandatory for contractors and are required
for the contractors to receive monthly payments.
    Form Numbers: None.
    Respondents/affected entities: Private sector.
    Respondent's obligation to respond: Mandatory per 48 CFR 1552.211.
    Estimated number of respondents: 337 (total).
    Frequency of response: Monthly.
    Total estimated burden: 97,056 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $9,901,168 (per year), includes $0 annualized
capital or operation & maintenance costs.

    Changes in Estimates: There is no change of hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB. The loaded labor costs were adjusted upwards to account for
inflation.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2021-25426 Filed 11-19-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 25, 2009 (Volume 74, Number 121)]
[Notices]
[Page 30351-30353]
[DOCID:fr25jn09-91]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60128; File No. SR-NYSEArca-2009-53]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change Relating to the
Listing and Trading of ProShares UltraShort MSCI Mexico Investable
Market Fund

June 17, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on June 12, 2009, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 to list and trade shares (``Shares'') of the
following fund of the ProShares Trust (``Trust''): ProShares UltraShort
MSCI Mexico Investable Market Fund. The text of the proposed rule
change is available on the Exchange's Web site at http://www.nyse.com,
at the Exchange's principal office and at the Public Reference Room of
the Commission.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to list and trade the Shares of the following
fund under NYSE Arca Equities Rule 5.2(j)(3), the Exchange's listing
standards for Investment Company Units (``ICUs''): \4\ ProShares
UltraShort MSCI Mexico Investable Market Fund (the ``Fund''). The Fund
is an ``index fund'' that seeks to provide daily investment results
that, before fees and expenses, correspond to twice the inverse (-200%)
of the daily performance of the MSCI Mexico Investable Market Index
(``Index''). The Fund does not seek to achieve its stated objective
over a period of time greater than one day.
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    \4\ An Investment Company Unit is a security that represents an
interest in a registered investment company that holds securities
comprising, or otherwise based on or representing an interest in, an
index or portfolio of securities (or holds securities in another
registered investment company that holds securities comprising, or
otherwise based on or representing an interest in, an index or
portfolio of securities). See NYSE Arca Equities Rule 5.2(j)(3)(A).
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    According to the Trust's Registration Statement,\5\ the Index
measures the performance of the Mexican equity market. The Index is a
capitalization-weighted index that aims to capture 99% of the publicly
available total market capitalization. Component companies are adjusted
for available float and must meet objective criteria for inclusion in
the Index, taking into consideration unavailable strategic
shareholdings and limitations to foreign ownership. As of March 31,
2009, the Index was concentrated in the telecommunications services
industry group, which comprised 43% of the market capitalization of the
Index, and included companies with capitalizations between $13 million
and $26 billion. The average capitalization of the companies comprising
the Index was approximately $1.7 billion.
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    \5\ See the Trust's Registration Statement on Form N-1A, dated
June 2, 2009 (File Nos. 333-89822 and 811-21114) (``Registration
Statement'').
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    The Exchange is submitting this proposed rule change because the
Index for the Fund does not meet all of the ``generic'' listing
requirements of Commentary .01(a)(B) to NYSE Arca Equities Rule
5.2(j)(3) applicable to listing of ICUs based on international or
global indexes. The Index meets all such requirements except for those
set forth in Commentary .01(a)(B)(3).\6\ The Exchange represents that
(1) except for the requirement under Commentary .01(a)(B)(3) to NYSE
Arca Equities Rule 5.2(j)(3) that the most heavily weighted component
stock shall not exceed 25% of the weight of the Index and that the five
most heavily weighted component stocks shall not exceed 60% of the
weight of the Index, the Shares of the Fund currently satisfy all of
the generic listing standards under NYSE Arca Equities Rule 5.2(j)(3);
(2) the continued listing standards under NYSE Arca Equities Rules
5.2(j)(3) and 5.5(g)(2) applicable to ICUs shall apply to the Shares;
and (3) the Trust is required to comply with Rule 10A-3 \7\ under the
Securities Exchange Act of 1934 (the ``Act'') for the initial and
continued listing of the Shares. In addition, the Exchange represents
that the Shares will comply with all other requirements applicable to
ICUs including, but not limited to, requirements relating to the
dissemination of key information such as the Index value and Intraday
Indicative Value, rules governing the trading of equity securities,
trading

hours, trading halts, surveillance \8\ and Information Bulletin to ETP
Holders, as set forth in prior Commission orders approving the generic
listing rules applicable to the listing and trading of ICUs.\9\
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    \6\ Specifically, the Index fails to meet the requirement that
the most heavily weighted component stock shall not exceed 25% of
the weight of the Index. As of May 27, 2009, the most heavily
weighted component stock (America Movil) represented 32.65% of the
Index weight. In addition, the Index fails to meet the requirement
that the five most heavily weighted component stocks shall not
exceed 60% of the weight of the Index. As of May 27, 2009, the five
most heavily weighted component stocks represented 60.64% of the
Index weight.
    \7\ 17 CFR 240.10A-3.
    \8\ The Exchange may obtain information for surveillance
purposes via the Intermarket Surveillance Group (``ISG'') from other
exchanges who are members of ISG. For a list of current members of
ISG, see http://www.isgportal.org. However, the Exchange does not
have in place a comprehensive surveillance agreement with the Bolsa
Mexicana de Valores and such exchange is not an ISG member.
    \9\ See, e.g., Securities Exchange Act Release Nos. 55621 (April
12, 2007), 72 FR 19571 (April 18, 2007) (SR-NYSEArca-2006-86) (order
approving generic listing standards for ICUs based on international
or global indexes); 44551 (July 12, 2001), 66 FR 37716 (July 19,
2001) (SR-PCX-2001-14) (order approving generic listing standards
for ICUs and Portfolio Depositary Receipts); 41983 (October 6,
1999), 64 FR 56008 (October 15, 1999) (SR-PCX-98-29) (order
approving rules for listing and trading of ICUs). See e-mail from
Tim Malinowski, Director, NYSE Euronext, to David Liu, Assistant
Director, Division of Trading and Markets, Commission, dated June
17, 2009.
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    Detailed descriptions of the Fund, the Index, procedures for
creating and redeeming Shares, transaction fees and expenses,
dividends, distributions, taxes, and reports to be distributed to
beneficial owners of the Shares can be found in the Trust's
Registration Statement or on the Web site for the Fund (http://
www.proshares.com), as applicable.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \10\ of
the Act, in general, and furthers the objectives of Section
6(b)(5),\11\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system. The Exchange believes that the
proposed rule change will facilitate the listing and trading of an
additional type of exchange-traded product that will enhance
competition among market participants, to the benefit of investors and
the marketplace.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) \12\ of the Act and subparagraph (f)(6) of Rule
19b-4 \13\ thereunder.
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative for 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii),\15\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange requests that the
Commission waive the 30-day operative delay so that the proposal may
become operative immediately upon filing. The Exchange states that the
proposed rule change does not significantly affect the protection of
investors or the public interest and does not impose any significant
burden on competition.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission believes waiving the 30-day operative delay is
consistent with the protection of investors and the public interest. At
least one other series of ICUs listed on the Exchange is based upon the
Index.\16\ The Commission believes that the listing and trading of the
Shares do not present any novel or significant issues or impose any
significant burden on competition, and that waiving the 30-day
operative delay will benefit the market and investors by providing
market participants with additional investing choices. For these
reasons, the Commission designates the proposed rule change as
operative upon filing.\17\
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    \16\ See Securities Exchange Act Release No. 57320 (February 13,
2008), 73 FR 9395 (February 20, 2008) (SR-NYSEArca-2008-15)
(approving the listing and trading of shares of the iShares MSCI
Mexico Index Fund).
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition and capital formation. 15 U.S.C. 78(c)(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2009-53 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-NYSEArca-2009-53. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference

Room, 100 F Street, NE., Washington, DC 20549, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of 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-
NYSEArca-2009-53 and should be submitted on or before July 16, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-14899 Filed 6-24-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Notices]
[Pages 38994-38995]
[FR Doc No: 2013-15505]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-D-0749]

Implanted Blood Access Devices for Hemodialysis; Draft Guidance
for Industry and Food and Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of the draft guidance entitled ``Implanted Blood Access
Devices for Hemodialysis.'' This guidance was developed to support the
reclassification of the Implanted Blood Access Devices for Hemodialysis
into class II (special controls). This draft guidance is not final nor
is it in effect at this time.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by August 27, 2013.

ADDRESSES: Submit written requests for single copies of the draft
guidance document entitled ``Implanted Blood Access Devices for
Hemodialysis'' to the Division of Small Manufacturers, International,
and Consumer Assistance, Center for Devices and Radiological Health,
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm.
4613, Silver Spring, MD 20993-0002. Send one self-addressed adhesive
label to assist that office in processing your request, or fax your
request to<PHONE_NUMBER>. See the SUPPLEMENTARY INFORMATION section for
information on electronic access to the guidance.
    Submit electronic comments on the draft guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852. Identify comments with the docket number
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Rebecca Nipper, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 1540, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    This draft guidance document is being issued in conjunction with a
Federal Register notice announcing the proposal to reclassify this
device type. This draft guidance provides recommendations to assist
manufacturers in developing their premarket submissions of implanted
blood access devices for hemodialysis regulated under Sec.
876.5540(a)(1) (21 CFR 876.5540(a)(1) and FDA believes

that special controls, when combined with the general controls, will be
sufficient to provide reasonable assurance of the safety and
effectiveness of implanted blood access devices for hemodialysis. Thus,
a manufacturer who intends to market a device of this generic type must
(1) conform to the general controls of the Federal Food, Drug &
Cosmetic Act (the FD&C Act), including the premarket notification
requirements described in 21 CFR part 807 Subpart E, (2) address the
special controls associated with implanted blood access devices for
hemodialysis codified in the Code of Federal Regulations Sec.
876.5540(b)(1), and (b)(3) obtain a substantial equivalence
determination from FDA prior to marketing the device.

II. Significance of Guidance

    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the Agency's current thinking on implanted
blood access devices for hemodialysis. It does not create or confer any
rights for or on any person and does not operate to bind FDA or the
public. An alternative approach may be used if such approach satisfies
the requirements of the applicable statute and regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do
so by using the Internet. A search capability for all CDRH guidance
documents is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance
documents are also available at http://www.regulations.gov. To receive
``implanted blood access devices for hemodialysis'' you may either send
an email request to<EMAIL_ADDRESS>to receive an electronic copy of
the document or send a fax request to<PHONE_NUMBER> to receive a hard
copy. Please use the document number 1781 to identify the guidance you
are requesting.

IV. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR part 807, subpart E have been
approved under OMB control number 0910-0120; the collections of
information in 21 CFR part 820 have been approved under OMB control
number 0910-0073; the collections of information in 21 CFR part 801 and
809 have been approved under OMB control number 0910-0485; the
collections of information in 21 CFR part 812 have been approved under
OMB control number 0910-0078; the collections of information in 21 CFR
56.115 have been approved under OMB control number 0910-0130; and the
collections of information in 21 CFR part 54 have been approved under
OMB control number 0910-0396.

V. Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

    Dated: June 25, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-15505 Filed 6-27-13; 8:45 am]
BILLING CODE P


[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Proposed Rules]
[Page 34663-34665]
[DOCID:fr18jn08-16]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0640; Directorate Identifier 2008-NM-070-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 747-400, 747-400D, and
747-400F Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Boeing Model 747-400, 747-400D, and 747-400F series airplanes.
This proposed AD would require installing an extension tube to the
existing pump discharge port of the scavenge pump on the outboard side
of the center fuel tank in the main fuel tank 2. This AD
results from fuel system reviews conducted by the manufacturer. We are
issuing this AD to prevent a fire or explosion in the fuel tank and
consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by August 4, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-

30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Sulmo Mariano, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6501; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0640;
Directorate Identifier 2008-NM-070-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: single failures, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
    We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
    As a result of the SFAR 88 design review activity, Boeing has found
that certain single failure modes within the electric scavenge pump
could cause heating and sparking, which could create a potential
ignition source inside the main fuel tank 2. This condition,
if not corrected, could result in a fire or explosion in the main fuel
tank 2 and consequent loss of the airplane.

Relevant Service Information

    We have reviewed Boeing Special Attention Service Bulletin 747-28-
2260, dated March 13, 2008. The service bulletin describes procedures
for installing an extension tube to the existing pump discharge port of
the scavenge pump on the outboard side of the center fuel tank in the
main fuel tank 2.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the(se) same type
design(s). This proposed AD would require accomplishing the actions
specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD would affect 31 airplanes of U.S.
registry. We also estimate that it would take about 16 work-hours per
product to comply with this proposed AD. The average labor rate is $80
per work-hour. Required parts would cost about $900 per product. Based
on these figures, we estimate the cost of this proposed AD to the U.S.
operators to be $67,580 fleet cost, or $2,180 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866,
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979), and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Boeing: Docket No. FAA-2008-0640; Directorate Identifier 2008-NM-
070-AD.

Comments Due Date

    (a) We must receive comments by August 4, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747-400, 747-400D, and 747-
400F series airplanes, certificated in any category; as identified
in Boeing Special Attention Service Bulletin 747-28-2260, dated
March 13, 2008.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent a fire or explosion
in the fuel tank and consequent loss of the airplane.

Compliance

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

Installation

    (f) Within 60 months after the effective date of this AD,
install an extension tube to the existing pump discharge port of the
scavenge pump on the outboard side of the center fuel tank in the
main fuel tank 2, in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 747-28-
2260, dated March 13, 2008.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Seattle Aircraft Certification Office
(SACO), FAA, ATTN: Sulmo Mariano, Aerospace Engineer, Propulsion
Branch, ANM-140S, FAA, SACO, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

    Issued in Renton, Washington, on June 6, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-13714 Filed 6-17-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Notices]
[Pages 28211-28212]
[FR Doc No: 2013-11418]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER13-959-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Compliance Filing ER13-959 to be effective 6/1/2011.
    Filed Date: 5/6/13.
    Accession Number: 20130506-5018.
    Comments Due: 5 p.m. ET 5/28/13.

    Docket Numbers: ER13-976-000.
    Applicants: Arizona Public Service Company.
    Description: Refund Report for Navajo Generating Station Operating
Agreement to be effective N/A.
    Filed Date: 5/3/13.
    Accession Number: 20130503-5172.
    Comments Due: 5 p.m. ET 5/24/13.

    Docket Numbers: ER13-1222-001.
    Applicants: NV Energy, Inc.
    Description: OATT Revisions to Attachment N--LGIA and Attachment
O--SGIA Compliance Filing to be effective 3/1/2013.
    Filed Date: 5/3/13.
    Accession Number: 20130503-5177.
    Comments Due: 5 p.m. ET 5/24/13.

    Docket Numbers: ER13-1425-000.
    Applicants: Massachusetts Electric Company.
    Description: Interconnection Agreement between Mass. Electric Co.
and The City of Brockton to be effective 7/3/2013.
    Filed Date: 5/3/13.
    Accession Number: 20130503-5178.

    Comments Due: 5 p.m. ET 5/24/13.

    Docket Numbers: ER13-1426-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 05-06-2013 SA 2520 Mandan IA MDU-Minnkota to be
effective 5/7/2013.
    Filed Date: 5/6/13.
    Accession Number: 20130506-5016.
    Comments Due: 5 p.m. ET 5/28/13.

    Docket Numbers: ER13-1427-000.
    Applicants: Western Massachusetts Electric Company.
    Description: Western Massachusetts Electric Company submits
Cancellation of Pioneer Valley Design and Engineering Agreement to be
effective 5/11/2012.
    Filed Date: 5/6/13.
    Accession Number: 20130506-5068.
    Comments Due: 5 p.m. ET 5/28/13.

    Docket Numbers: ER13-1428-000.
    Applicants: Lighthouse Energy Group, LLC.
    Description: Lighthouse Energy Group, LLC submits Lighthouse Energy
Group, LLC Market Based Rate Tariff to be effective 5/31/2013.
    Filed Date: 5/6/13.
    Accession Number: 20130506-5072.
    Comments Due: 5 p.m. ET 5/28/13.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF13-404-000.
    Applicants: Mosaic Fertilizer, LLC.
    Description: Form 556--Application for Commission certification of
Mosaic Fertilizer, LLC.
    Filed Date: 5/2/13.
    Accession Number: 20130502-5073.
    Comments Due: 5 p.m. ET 5/23/13.

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

    Dated: May 6, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-11418 Filed 5-13-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Proposed Rules]
[Pages 47522-47527]
[FR Doc No: 2011-19904]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0722; Directorate Identifier 2010-NM-262-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 737-100, -200,
-200C, -300, -400, and -500 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to certain Model 737-100 and -200 series airplanes.
The existing AD currently requires various inspections for cracks in
the outboard chord of the frame at body station (BS) 727 and in the
outboard chord of stringer (S) 18A, and repair or replacement of
cracked parts. Since we issued that AD, there have been several reports
of fatigue cracking in the frame outboard chord at BS 727 and in the
radius of the auxiliary chord on airplanes that were not affected by
the existing AD. This proposed AD would add airplanes to the
applicability statement in the existing AD and add inspections for
cracks in the BS 727 frame outboard chords and the radius of the
auxiliary chord, for certain airplanes. This proposed AD would also
remove the inspections of the outboard chord of S-18A required by the
existing AD. We are proposing this AD to detect and correct fatigue
cracking of the outboard and auxiliary chords, which

could result in reduced structural integrity of the outboard chord and
consequent rapid decompression of the airplane.

DATES: We must receive comments on this proposed AD by September 19,
2011.

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

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Alan Pohl, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; phone (425) 917-
6450; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0722;
Directorate Identifier 2010-NM-262-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On June 5, 1995, we issued AD 95-12-17, amendment 39-9268 (60 FR
36981, July 19, 1995), for certain Model 737-100 and -200 series
airplanes. That AD requires various inspections for cracks in the
outboard chord of the frame at body station (BS) 727 and in the
outboard chord of stringer (S) 18A, and repair or replacement of
cracked parts. That AD resulted from reports of fatigue cracks in those
outboard chords. We issued that AD to prevent such fatigue cracking,
which could result in reduced structural integrity of the outboard
chords, and subsequent rapid decompression of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 95-12-17, we have received several reports of
fatigue cracking in the frame outboard chord at BS 727 and in the
radius of the auxiliary chord. The cracking in the chords occurred on
airplanes that had accumulated between 20,000 and 52,000 total flight
cycles, and between 27,000 and 74,000 total flight hours. The cracking
in the auxiliary chord occurred on airplanes that had accumulated
between 46,000 and 85,000 total flight cycles, and between 41,000 and
64,000 total flight hours. This cracking is caused by fatigue. The
airplanes that are affected by AD 95-12-17 were produced with outboard
chords at BS 727 made of 7075-T6 aluminum; subsequent airplanes were
produced with outboard chords made of 7075-T73 aluminum.
    In addition, we have determined that the inspections of the
outboard chord of S-18A required by the existing AD are no longer
necessary. The new inspections (described below) will decrease the
probability of cracks in the frame at BS 727 where S-18A is attached.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 737-53A1166, Revision 2,
dated May 25, 2006. The existing AD refers to Boeing Alert Service
Bulletin 737-53A1166, dated June 30, 1994; and Boeing Service Bulletin
737-53A1166, Revision 1, dated May 25, 1995; for accomplishing the
required actions. Revision 1 of this service bulletin was issued to
include airplanes having 7075-T73 frame outboard chords. Revision 2 of
this service bulletin expands the effectivity in Revision 1 of this
service bulletin, and adds inspections for cracks of the 7075-T73 frame
outboard chord and in the radius of the auxiliary chord, and repair or
replacement if necessary.

FAA's Determination

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

Proposed AD Requirements

    This proposed AD would retain certain requirements of AD 95-12-17.
This proposed AD would add airplanes to the applicability statement in
the existing AD. This proposed AD would also remove the inspections of
the outboard chord of S-18A required by the existing AD, and add
inspections for cracks in the BS 727 frame outboard chords and the
radius of the auxiliary chord, for certain airplanes. This proposed AD
would require accomplishing the actions specified in the service
information described previously, except as discussed under
``Difference Between the Proposed AD and the Service Information.''

Change to Existing AD

    Since AD 95-12-17 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                                         Corresponding
             Requirement in AD 95-12-17                 requirement in
                                                       this  proposed AD
------------------------------------------------------------------------
paragraph (a).......................................      paragraph (g)
paragraph (b).......................................      paragraph (h)
paragraph (c).......................................      paragraph (i)
paragraph (d).......................................      paragraph (j)
paragraph (e).......................................            removed
paragraph (f).......................................      paragraph (k)
paragraph (g).......................................      paragraph (l)
------------------------------------------------------------------------

Difference Between the Proposed AD and the Service Information

    Boeing Alert Service Bulletin 737-53A1166, Revision 2, dated May
25, 2006, specifies contacting the manufacturer for instructions on how
to repair a certain condition, but this AD requires repairing that
condition in one of the following ways:
     Using a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by an Authorized Representative
for the Boeing Commercial Airplanes Organization Designation
Authorization whom we have authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD affects 574 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                    Cost per       Cost on U.S.   Number of U.S.
            Action                Labor cost      Parts cost        product         operators        airplanes
----------------------------------------------------------------------------------------------------------------
Various inspections (retained  4 work-hours x               $0  $340 per         $100,640 per                296
 actions from existing AD).     $85 per hour =                   inspection       inspection
                                $340 per                         cycle.           cycle.
                                inspection
                                cycle.
Ultrasonic inspection (new     13 work-hours x               0  1,105 per        634,270 per                 574
 proposed action).              $85 per hour =                   inspection       inspection
                                $1,105 per                       cycle.           cycle.
                                inspection
                                cycle.
Detailed and HFEC inspections  13 work-hours x               0  1,105 per        634,270 per                 574
 (new proposed actions).        $85 per hour =                   inspection       inspection
                                $1,105 per                       cycle.           cycle.
                                inspection
                                cycle.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Optional modification (retained action from     50 work-hours x $85 per hour =            $3,680          $7,930
 existing AD).                                   $4,250.
Repair of cracking of the outboard chord frame  514 work-hours x $85 per hour =           13,586          57,276
                                                 $42,690.
Time-limited repair cracking of the outboard    63 work-hours x $85 per hour =             2,732           8,087
 chord frame.                                    $5,355.
Repair of cracking of the outboard chord......  49 work-hours x $85 per hour =             4,255           8,420
                                                 $4,165.
----------------------------------------------------------------------------------------------------------------

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive
(AD) 95-12-17, Amendment 39-9268 (60 FR 36981, July 19, 1995), and
adding the following new AD:

The Boeing Company: Docket No. FAA-2011-0722; Directorate Identifier
2010-NM-262-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by September
19, 2011.

Affected ADs

    (b) This AD supersedes AD 95-12-17, Amendment 39-9268.

Applicability

    (c) This AD applies to all The Boeing Company Model 737-100, -
200, -200C, -300, -400, and -500 series airplanes, certificated in
any category.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 53, Fuselage.

Unsafe Condition

    (e) This AD was prompted by several reports of fatigue cracking
in the frame outboard chord at body station (BS) 727, and cracks in
the radius of the auxiliary chord on airplanes that were not
affected by the existing AD. We are issuing this AD to detect and
correct fatigue cracking of the outboard and auxiliary chords, which
could result in reduced structural integrity of the outboard chord
and consequent rapid decompression of the airplane.

Compliance

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

Restatement of Certain Requirements of AD 95-12-17 With Revised Service
Information: Repetitive Inspections and Repair or Replacement

    (g) For Model 737-100 and -200 series airplanes on which the BS
727 frame upper outboard chord has been replaced in accordance with
Boeing Service Bulletin 737-53-1088: Prior to the accumulation of
30,000 total flight cycles since replacement of the upper outboard
chord, or within 4,500 flight cycles after August 18, 1995 (the
effective date of AD 95-12-17), whichever occurs later, perform
close visual, pulse echo shear wave (PESW), and high frequency eddy
current (HFEC) inspections to detect cracks in the outboard chord of
the frame at BS 727, in accordance with Part I of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1166, dated
June 30, 1994; Boeing Service Bulletin 737-53A1166, Revision 1,
dated May 25, 1995; or Boeing Alert Service Bulletin 737-53A1166,
Revision 2, dated May 25, 2006; as applicable. As of the effective
date of this AD use only Revision 2 of this service bulletin.
    (h) For Model 737-100 and -200 series airplanes on which the BS
727 frame upper outboard chord has been replaced in accordance with
Boeing Service Bulletin 737-53-1088: Repeat the inspections required
by paragraph (g) of this AD at the time specified in paragraphs
(h)(1), (h)(2), (h)(3), and (h)(4) of this AD, as applicable, until
the optional terminating action described in paragraph (l) of this
AD is accomplished.
    (1) If, at the time of the most recent inspection required by
paragraph (g) or (h) of this AD, the airplane has accumulated 27,000
or more total flight cycles, but fewer than 50,000 total flight
cycles since the replacement of the outboard chord: Perform the next
inspection within 15,000 flight cycles. Repeat the inspection
thereafter at intervals not to exceed 15,000 flight cycles until the
airplane has accumulated 50,000 or more total flight cycles since
the replacement of the outboard chord. Do the inspections required
by paragraph (h)(2) of this AD at the time specified.
    (2) If, at the time of the most recent inspection required by
paragraph (g) or (h) of this AD, the airplane has accumulated 50,000
or more total flight cycles, but fewer than 60,000 total flight
cycles, since the replacement of the outboard chord: Perform the
next inspection within 7,500 flight cycles. Repeat the inspection
thereafter at intervals not to exceed 7,500 flight cycles until the
airplane has accumulated 60,000 or more total flight cycles since
the replacement of the outboard chord. Do the inspections required
by paragraph (h)(3) of this AD at the time specified.
    (3) If, at the time of the most recent inspection required by
paragraph (g) or (h) of this AD, the airplane has accumulated 60,000
or more total flight cycles, but fewer than 70,000 total flight
cycles, since the replacement of the outboard chord: Perform the
next inspection within 5,000 flight cycles. Repeat the inspection
thereafter at intervals not to exceed 5,000 flight cycles until the
airplane has accumulated 70,000 or more total flight cycles since
the replacement of the outboard chord. Do the inspections required
by paragraph (h)(4) of this AD at the time specified.
    (4) If, at the time of the most recent inspection required by
paragraph (g) or (h) of this AD, the airplane has accumulated 70,000
or more total flight cycles since replacement of the outboard chord:
Perform the next inspection within 3,000 flight cycles. Repeat the
inspection thereafter at intervals not to exceed 3,000 flight
cycles.
    (i) For Model 737-100 and -200 series airplanes on which the BS
727 frame outboard chord has not been replaced, or on which only the
lower outboard chord has been replaced in accordance with Boeing
Service Bulletin 737-53-1088: Perform close visual, PESW, and HFEC
inspections to detect cracks in the outboard chord of the frame at
BS 727, in accordance with Part I of the Accomplishment Instructions
of Boeing Alert Service Bulletin 737-53A1166, dated June 30, 1994;
Boeing Service Bulletin 737-53A1166, Revision 1, dated May 25, 1995;
or Boeing Alert Service Bulletin 737-53A1166, Revision 2, dated May
25, 2006; as applicable. As of the effective date of this AD, use
only Revision 2 of this service bulletin. Perform these inspections
initially at the time specified in paragraph (i)(1), (i)(2), (i)(3),
or (i)(4), as applicable. Repeat these inspections thereafter at the
intervals specified in paragraph (j) of this AD.
    (1) For airplanes that have accumulated 27,000 or more total
flight cycles, but fewer than 50,000 total flight cycles, as of
August 18, 1995: Inspect prior within 4,500 flight cycles after
August 18, 1995.
    (2) For airplanes that have accumulated 50,000 or more total
flight cycles, but fewer than 60,000 total flight cycles, as of
August 18, 1995: Inspect prior to the accumulation of 2,500 flight
cycles after August 18, 1995.
    (3) For airplanes that have accumulated 60,000 or more total
flight cycles, but fewer than 70,000 total flight cycles as of
August 18, 1995: Inspect prior to the accumulation of 1,500 flight
cycles after August 18, 1995.
    (4) For airplanes that have accumulated 70,000 or more total
flight cycles as of August 18, 1995: Inspect prior to the
accumulation of 500 flight cycles or within 90 days after August 18,
1995, whichever occurs first.
    (j) Repeat the inspections required by paragraph (i) of this AD
at the time specified in paragraphs (j)(1), (j)(2), (j)(3), and
(j)(4) of this AD, as applicable, until the optional terminating
action described in paragraph (l) of this AD is accomplished:
    (1) If, at the time of the most recent inspection required by
paragraph (i) or (j) of this AD, the airplane has accumulated 27,000
or more total flight cycles, but fewer than 50,000 total flight
cycles: Perform the next inspection within 15,000 flight cycles.
Repeat the inspection thereafter at intervals not to exceed 15,000
flight cycles until the airplane has accumulated 50,000 or more
total flight cycles. Do the inspections required by paragraph (j)(2)
of this AD at the time specified.
    (2) If, at the time of the most recent inspection required by
paragraph (i) or (j) of this AD, the airplane had accumulated 50,000
or more total flight cycles, but fewer than 60,000 total flight
cycles: Perform the next inspection within 7,500 flight cycles.
Repeat the inspection thereafter at intervals not to exceed 7,500
flight cycles until the airplane has accumulated 60,000 or more
total flight cycles. Do the inspections required by paragraph (j)(3)
of this AD at the time specified.
    (3) If, at the time of the most recent inspection required by
paragraph (i) or (j) of this AD, the airplane had accumulated 60,000
or more total flight cycles, but fewer than 70,000 total flight
cycles: Perform the next inspection within 5,000 flight cycles.
Repeat the inspection thereafter at intervals not to exceed 5,000
flight cycles until the airplane has accumulated 70,000 or more
total flight cycles. Do the inspections required by paragraph (j)(4)
of this AD at the time specified.
    (4) If, at the time of the most recent inspection required by
paragraph (i) or (j) of this AD, the airplane had accumulated 70,000
or more total flight cycles: Perform the next inspection within
3,000 flight cycles. Repeat the inspection thereafter at intervals
not to exceed 3,000 flight cycles.
    (k) If any crack is found in the outboard chord of the frame at
BS 727 during any inspection required by paragraphs (g) through (j)
of this AD, accomplish paragraph (k)(1) or (k)(2) of this AD, as
applicable, in accordance with Boeing Alert Service Bulletin 737-
53A1166, dated June 30, 1994; Boeing Service Bulletin 737-53A1166,
Revision 1, dated May 25, 1995; or Boeing Alert Service Bulletin
737-53A1166, Revision 2, dated May 25, 2006; as applicable. As of
the effective date of this AD, use only Revision 2 of this service
bulletin.
    (1) For any crack that extends from the forward edge of the
chord or from the forward fastener hole, but that does not

extend past the second fastener hole, accomplish either paragraph
(l)(1)(i) or (l)(1)(ii) of this AD. Thereafter, perform initial and
repetitive inspections in accordance with paragraphs (g) and (h) of
this AD.
    (i) Prior to further flight, install the time limited repair.
Within 4,500 flight cycles or within 18 months after accomplishing
the time-limited repair, whichever occurs first, replace the
outboard chord. Or
    (ii) Prior to further flight, replace the outboard chord.

    Note 1:  Boeing Alert Service Bulletin 737-53A1166, dated June
30, 1994; Boeing Service Bulletin 737-53A1166, Revision 1, dated May
25, 1995; and Boeing Alert Service Bulletin 737-53A1166, Revision 2,
dated May 25, 2006; refer to Boeing Service Bulletin 737-53-1088 as
an additional source of guidance for procedures to replace the
chord.

    (2) For any crack that extends from the forward edge of the
chord, or from the forward fastener hole, and that extends past the
second fastener hole, prior to further flight, replace the outboard
chord in accordance with Boeing Alert Service Bulletin 737-53A1166,
dated June 30, 1994; Boeing Service Bulletin 737-53A1166, Revision
1, dated May 25, 1995; or Boeing Alert Service Bulletin 737-53A1166,
Revision 2, dated May 25, 2006; as applicable. As of the effective
date of this AD, use only Revision 2 of this service bulletin.
Thereafter, perform initial and repetitive inspections in accordance
with paragraphs (g) and (h) of this AD.

New Requirements of This AD: Repetitive Inspections/Repair or Replace
if Necessary

    (l) For airplanes identified in table 5 of paragraph 1.E.,
``Compliance'' of Boeing Alert Service Bulletin 737-53A1166,
Revision 2, dated May 25, 2006: Before the accumulation of 27,000
total flight cycles, or within 5,000 flight cycles after the
effective date of this AD, whichever occurs later, do internal
detailed and HFEC inspections to detect cracks in the auxiliary
chord radius of the frame at BS 727, in accordance with Part 1 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1166, Revision 2, dated May 25, 2006. Repeat the inspections
thereafter at intervals not to exceed 15,000 flight cycles until the
optional terminating action described in paragraph (r) of this AD is
accomplished. If any crack is found, before further flight, repair
in accordance with the requirements in paragraph (p) of this AD.
    (m) For airplanes identified in table 2 of paragraph 1.E.,
``Compliance'' of Boeing Alert Service Bulletin 737-53A1166,
Revision 2, dated May 25, 2006: Do the applicable inspections
required by paragraph (m)(1) or (m)(2) of this AD at the time
specified, in accordance with Part 1 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1166, Revision
2, dated May 25, 2006. Except as required by paragraph (p) of this
AD, if any crack is found during any inspection required by
paragraph (m)(1) or (m)(2) of this AD, before further flight, repair
in accordance with Part 3 or Part 4 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1166, Revision
2, dated May 25, 2006, as applicable. Repeat the inspections until
the optional terminating action described in paragraph (r) of this
AD is accomplished.
    (1) For airplanes on which the inspections specified in Boeing
Alert Service Bulletin 737-53A1166, dated June 30, 1994; or Boeing
Service Bulletin 737-53A1166, Revision 1, dated May 25, 1995; have
not been performed as of the effective date of this AD: Do the
inspections required by paragraphs (m)(1)(i) and (m)(1)(ii) of this
AD at the time specified.
    (i) Before the accumulation of 27,000 total flight cycles, or
within 5,000 flight cycles after the effective date of this AD,
whichever occurs later: Do ultrasonic and surface HFEC inspections
to detect cracks in the forward flange of the outboard chord of the
frame at BS 727. Repeat the inspections thereafter at intervals not
to exceed 5,000 flight cycles.
    (ii) Before the accumulation of 27,000 total flight cycles, or
within 10,000 flight cycles after the effective date of this AD,
whichever occurs later: Do an open hole eddy current inspection to
detect cracks in the forward flange of the outboard chord of the
frame at BS 727. Repeat the inspection thereafter at intervals not
to exceed 15,000 flight cycles.
    (2) For airplanes on which the inspections specified in Boeing
Alert Service Bulletin 737-53A1166, dated June 30, 1994; or Boeing
Service Bulletin 737-53A1166, Revision 1, dated May 25, 1995; have
been performed as of the effective date of this AD: Repeat the
applicable inspection specified in paragraphs (m)(1)(i) and
(m)(1)(ii) of this AD thereafter at intervals not to exceed 5,000
flight cycles for the ultrasonic and surface HFEC inspections, and
at intervals not to exceed 15,000 flight cycles for the open hole
eddy current inspection.
    (n) For airplanes identified in table 3 of paragraph 1.E.,
``Compliance'' of Boeing Alert Service Bulletin 737-53A1166,
Revision 2, dated May 25, 2006: Do the applicable inspections
required by paragraph (n)(1) or (n)(2) of this AD at the time
specified, in accordance with Part 1 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1166, Revision
2, dated May 25, 2006. Except as required by paragraph (p) of this
AD, if any crack is found during any inspection required by
paragraphs (n)(1) or (n)(2) of this AD, before further flight,
repair in accordance with Part 3 or Part 4 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1166, Revision
2, dated May 25, 2006, as applicable. Repeat the inspections until
the optional terminating action described in paragraph (r) of this
AD is accomplished.
    (1) For airplanes on which the inspections specified in Boeing
Alert Service Bulletin 737-53A1166, dated June 30, 1994; or Boeing
Service Bulletin 737-53A1166, Revision 1, dated May 25, 1995; have
not been done as of the effective date of this AD: Do the
inspections required by paragraphs (n)(1)(i) and (n)(1)(ii) of this
AD at the time specified.
    (i) Before the accumulation of 27,000 total flight cycles, or
within 5,000 flight cycles after the effective date of this AD,
whichever occurs later: Do ultrasonic, low frequency eddy current,
and edge HFEC inspections to detect cracks in the forward flange of
the outboard chord of the frame at BS 727. Repeat the inspections
thereafter at intervals not to exceed 5,000 flight cycles.
    (ii) Before the accumulation of 27,000 total flight cycles, or
within 10,000 flight cycles after the effective date of this AD,
whichever occurs later: Do an open hole eddy current inspection to
detect cracks in the forward flange of the outboard chord of the
frame at BS 727. Repeat the inspections thereafter at intervals not
to exceed 15,000 flight cycles.
    (2) For airplanes on which the inspections specified in Boeing
Alert Service Bulletin 737-53A1166, dated June 30, 1994; or Boeing
Service Bulletin 737-53A1166, Revision 1, dated May 25, 1995; have
been done as of the effective date of this AD: Repeat the applicable
inspection specified in paragraphs (n)(1)(i) and (n)(1)(ii) of this
AD thereafter at intervals not to exceed 5,000 flight cycles for the
ultrasonic, low frequency eddy current, and edge HFEC inspections,
and at intervals not to exceed 15,000 flight cycles for the open
hole eddy current inspection.

    Note 2: The detailed and eddy current inspections of the
outboard chord of S-18A specified in Boeing Alert Service Bulletin
737-53A1166, Revision 2, dated May 25, 2006, are not required by
this AD.

    (o) For airplanes identified in table 4 of paragraph 1.E.,
``Compliance'' of Boeing Alert Service Bulletin 737-53A1166,
Revision 2, dated May 25, 2006: Before the accumulation of 50,000 or
more total flight cycles, but fewer than or equal to 60,000 total
flight cycles, after accomplishing the modification of the outboard
chord of the frame at BS 727 at S-18A: Do a one-time follow-on open
hole eddy current inspection to detect cracks in the modified chord
in accordance with Part 8 of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1166, Revision 2, dated May 25,
2006.
    (p) If any crack is found during any inspection required by
paragraphs (l) through (o) of this AD, and the repairs specified in
Part 3 and Part 4 of the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006, can
not be installed using the procedures identified in this service
bulletin: Before further flight, repair using a method approved in
accordance with the procedures specified in paragraph (s) of this
AD.
    (q) For any airplane on which a time-limited repair is installed
on the outboard chord of the frame at body station BS 727 in
accordance with Boeing Alert Service Bulletin 737-53A1166, dated
June 30, 1994; or Boeing Service Bulletin 737-53A1166, Revision 1,
dated May 25, 1995: Within 4,500 flight cycles after installation of
the repair, or within 6 months after the effective date of this AD,
whichever occurs later, replace the repair in accordance with Part 9
of the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1166, Revision 2, dated May 25, 2006.

Optional Terminating Action

    (r) Accomplishment of the applicable action specified in
paragraph (r)(1) or (r)(2) of this AD, in accordance with Part 2 of
the Accomplishment Instructions of Boeing Alert

Service Bulletin 737-53A1166, dated June 30, 1994; Boeing Service
Bulletin 737-53A1166, Revision 1, dated May 25, 1995; or Part 6 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1166, Revision 2, dated May 25, 2006; constitutes terminating
action for the inspections required by this AD.
    (1) Installation of the preventative modification.
    (2) Replacement of the cracked chord and installation of the
preventative modification.

Alternative Methods of Compliance (AMOCs)

    (s)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be e-mailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved for AD 95-12-17 are approved as AMOCs for the
corresponding provisions of this AD.
    (5) For airplanes identified in tables 2, 3, and 5 of paragraph
1.E., ``Compliance'' of Boeing Alert Service Bulletin 737-53A1166,
Revision 2, dated May 25, 2006: The Manager, Seattle ACO, approves
the inspection methods, thresholds, and repetitive intervals therein
as an AMOC for the inspections of Structurally Significant Items
(SSIs) F-29A and F-29B required by paragraphs (g) and (h) of AD
2008-08-23, Amendment 39-15477 (Boeing 737-100/200/200C Supplemental
Structural Inspection Document (SSID) D6-37089, Revision E, dated
May 1, 2007), and paragraphs (g) and (h) of AD 2008-09-13, Amendment
39-15494 (Boeing 737-400/500/600 SSID D6-82669, dated May 1, 2007).
This approval applies only to SSIs F-29A and F-29B of the applicable
SSID and only for the portions of the BS 727 outer chord that have
been inspected or that have been repaired or modified in accordance
with Boeing Alert Service Bulletin 737-53A1166, Revision 2, dated
May 25, 2006. All provisions of ADs 2008-08-23 and 2008-09-13 that
are not specifically referenced in this paragraph remain fully
applicable and must be done. If operators request this AMOC, they
must revise their FAA-approved maintenance or inspection program to
incorporate the alternative inspections in this paragraph.

Related Information

    (t) For more information about this AD, contact Alan Pohl,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; phone: (425)
917-6450; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>    (u) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on July 26, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-19904 Filed 8-4-11; 8:45 am]
BILLING CODE 4910-13-P